CELEBRATING 40 YEARS ON THE BENCH
CHIEF JUSTICE GERALD W. VANDEWALLE
A Man Who Has Touched Many Lives
By Michael L. Wagner and Morgan L. Wagner
On July 7, 1978, Governor Link submitted to Chief Justice Ralph
Erickstad a letter officially informing him the Governor had
appointed Gerald W. VandeWalle to serve on the North Dakota
Supreme Court.
The investiture of Justice VandeWalle occurred on Aug. 25, 1978,
at the House Chamber. Vern Neff, State Bar Association president,
presented Justice VandeWalle his robe. Many spoke on behalf of the
new justice, lauding his professional attitude, appreciation for the
rule of law, and his nearly two decades of service in the Attorney
General’s office.
Justice VandeWalle thanked the presenters and offered remarks about
the need for Divine guidance and the assistance of others, that he is a
product of rural education and the North Dakota education system.
He also spoke of his time serving under three different attorneys
general.
Justice VandeWalle concluded his remarks by thanking Governor
Link, his supporters, and his family: “I will do my very best to justify
your confidence . . . I knew if I went astray I would answer not only
to my parents but to the family as a unit. I suspect things will be no
different now that I am a member of the judiciary.”
Showing confidence in him, the people of North Dakota have
consistently chosen him to remain on the bench. In 1993, his
colleagues elevated him to Chief Justice and he continues to hold
that position to this day.
Some believe that a judge
is to be a gowned robot:
superhuman conduits
through which the law
flows, uncontaminated, and
uninfluenced by its prophets
along the way.1 Courts
have been referred to as a
monastery of the intellect, the
walls of which should not be
penetrated by the experiences
of one’s own life.
Chief Justice Gerald W. VandeWalle
The last forty years have shown that a man need not be a robot to be
an excellent jurist and the courts need not be monasteries, cutting off
its judges from being part of the community which they serve. Chief
Justice VandeWalle is not only an excellent jurist, he is an excellent
human being dedicated to justice, honor, integrity, community
service, and compassion and has been the same solid rock for the last
four decades.
Retired Justice Beryl Levine (1985-1996) states, “He made my
tenure on the court a highlight of my life. He taught me, advised
me, convinced me sometimes, didn't other times, but in the end, he
always encouraged me. His devotion to his family, his county, (yes,
good old Divide County), his hometown, his state, and his profession
never ever waned, and his example taught me that those age-old
sentiments of dedication and loyalty really are the hallmarks of a
good man.”
VandeWalle is a man with a quick smile, quick wit, a deep thinker,
and a man of integrity. He will tell you the best time to decide the
course of action to take on an important case is in the evening when
the pressing business of the day is not present, and preferably during
a brisk walk. More than one of his previous law clerks will tell you
they learned a judge does not decide a case based upon what is right
in his or her own eyes, but what is right in the eyes of the law.
Vern Neff, SBAND president, presents Justice VandeWalle with his
robe at his investiture ceremony on Aug. 25, 1978. In the background,
Chief Justice Ralph J. Erickstad and Justice Paul M. Sand observe.
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THE GAVEL
Retired Justice Bill Neumann (1993-2005) describes VandeWalle
as “an excellent gentle leader and wonderful diplomat who is a
tremendous asset to this state. He understands the complexity of
the position of Chief Justice, who is responsible for many, many
things, but is really only a first among equals. He realizes that he is an
elected leader and to be effective, he has to keep that in mind, which
he does.”
1. Pinochet: In Search of the Perfect Judge, http://www.austlii.edu.au/au/journals/SydLRev/1999/26.html.