Born in Bismarck on November 25, 1947; attended schools in Bismarck and graduated from St. Mary's Central High School in 1965.
Education
Attended the College of St. Catherine in St. Paul, Minnesota, as a national merit scholar, graduating Phi Beta Kappa with a Bachelor of Arts degree in English literature in 1969.
Received a fellowship from the Oxford University Delegacy for Extra-Mural Studies and began graduate studies at Exeter College, Oxford University, studying 17thcentury English literature.
Received a Woodrow Wilson Fellowship and an Indiana University Fellowship to attend Indiana University and continue graduate studies in English literature.
In 1971, received a Master of Arts degree from Indiana University.
From 1974 to 1977, attended the University of Colorado School of Law in Boulder, Colorado, receiving the Juris Doctor degree in May 1977.
During law school, participated in the appellate moot court program, the legal aid clinic, taught legal writing under a teaching assistantship, and was on the editorial staff of the law review.
Professional experience
After being admitted to the bar in North Dakota in October, 1977, opened a law office with husband in Bismarck. Has been in private practice in Bismarck since that time.
Since 1977, in private practice in western North Dakota. Now a partner in the firm of Kapsner & Oliver, P.L.L.P. Practice has included litigation at both the trial and appellate levels. Has appeared before the North Dakota Supreme Court and Court of Appeals in twenty cases. Trial experience has been primarily in the areas of domestic relations, commercial transactions, employment discrimination and medical malpractice. It has included both jury and bench trials. During first fifteen years of practice, represented a large number of clients in divorce and custody matters. Has, throughout years of practice, represented both plaintiffs and defendants in commercial and employment litigation. In the area of malpractice litigation, the firm represents health care providers and, thus, experience in that area has been as defense counsel.
A substantial portion of legal career has been spent on commercial, corporate, and real estate matters. Has done work that involves virtually every aspect of business practice from formation of a business entity, through the operation and sale or dissolution of that business entity.
During first two years of practice, was appointed trustee in bankruptcy for the Southwestern Division of the United States District Court. From 1979 to 1986, while tenants in the Bismarck office of a savings and loan organization, did document drafting, title examination, and foreclosures for that office and continue to do that type of work for a local credit union.
Substantial experience working with members of the health care industry, including hospitals, clinics, physician practice groups, adjunct practitioners and nursing homes. The work has involved the development and formation of business entities for health care providers, litigation involving federal and state regulatory requirements impacting on health care, and contracting for and among health care providers. Firm conducts malpractice insurance defense for health care practitioners and has participated in trials of those matters.
Has had substantial experience in administrative law, appearing primarily on behalf of health care clients at administrative hearings and in appeals from administrative agency decisions.
As a registered lobbyist, has assisted clients in drafting legislation and preparing testimony for legislative committees and has appeared on behalf of clients before legislative committees.
Has made presentations on legal topics in seminars sponsored by the State Bar Association, the National Business Institute, Inc., the North Dakota Long Term Care Association, the Lorman Business Center, Inc., Health Ed, L.L.C., the Western Dakota Estate Planning Council, and the Judicial Institute.
Has been a member of the Big Muddy Bar Association, formerly the Burleigh County Bar Association, since 1977, serving in the following offices: Secretary, 1978; Vice-President, 1979; and President, 1980.
Member of the State Bar Association of North Dakota; served on the Board of Governors from 1993 to 1995. Served on the Continuing Legal Education Committee of the State Bar Association from 1979-1981. From 1984 to 1992, was a Bar Association appointee to the Attorney Standards Subcommittee on Professional Conduct, charged with drafting the North Dakota Rules of Professional Conduct. Appointed by the Bar Association to serve as a bar representative to the North Dakota Judicial Conference for the years 1988-1996. While on the Judicial Conference, was a member of the Judicial Education Committee which updated the benchbook for trial judges. Member of the committee organizing the Run for Justice to raise funds to assist programs serving the legal needs of indigent North Dakota residents, and in 1998 chaired that event for the State Bar Association.
In 1982, served on the Board of Governors of the North Dakota Trial Lawyers Association.
Member of the American Health Lawyers Association and a member of the Western Dakota Estate Planning Council. A member of the St. Alexius Medical Center Credit Union and provide legal services to the credit union. Firm is an associate member of the North Dakota Long Term Care Association and provides legal services to that organization.
Civic involvement
Member of the Embroiderers' Guild of America, the American Needlepoint Guild and Prairie Textile Arts Guild, serving in various offices since 1979.
Served on the board of directors of the Bismarck Art and Galleries Association and served on the board of directors of the Bismarck Rape Crisis Center prior to its merger into the Abused Adult Resource Center.
In addition to continuing interest in English literature, has been studying French language and literature at Bismarck State College and with a private instructor.
Family
In August, 1969, married John C. Kapsner.
Two children: Mical, born in 1970, recently graduated from law school at Hamline University in St. Paul. She has clerkships during the summer with Dorsey & Whitney LLP (Minneapolis office) and Arnold, White & Durkee (Minneapolis office). In November Mical will begin a one-year clerkship for Judge Harriet Lansing of the Minnesota Court of Appeals. Caithlin, born in 1972, is a systems analyst for the Department of Corrections of the State of Oregon and resides in Salem, Oregon.
Strengths you would bring to the Court
My practice has been extremely varied, and it is the variety of that experience which I believe qualifies me to be a Supreme Court Justice.
Background