Born April 30, 1946, to Albert and Rose Schmalenberger.
Raised on the family ranch in eastern Stark County, along with five sisters and two brothers.
Served in the United States Army from 1968 to 1970.
Prior to entering the Army, employed as an accountant with Arthur Young & Company.
Education
Graduated from Hebron High School.
Bismarck Junior College.
University of North Dakota (1968) BSBA.
University of North Dakota School of Law (1973) J.D.
Professional experience
Currently, Presiding District Judge for the Southwest Judicial District.
After graduating from law school, employed with Mackoff, Kellogg, Kirby & Kloster, P.C., Dickinson, ND, from 1973 to 1981.
In September 1981, appointed by Governor Allen Olson as a District Judge for the Southwest Judicial District. Elected in 1982, 1988, and 1994.
In 1993, elected as the Presiding Judge for the Southwest Judicial District.
Past Commissioner to the National Conference of Commissioners on Uniform State Laws.
Past member and chair of the Pattern Jury Instruction Commission.
Past member and chair of the North Dakota Bar Foundation and Lawyer Trust Account Committee. Past member of the Judicial Standards Committee.
Past member of SBAND Committees on Continuing Legal Education and Judicial Evaluation.
Past delegate to the ABA National Conference of State Trial Judges.
Past member of the Judicial Nominating Committee.
Member of the Council of Presiding Judges.
Member and chair of the Joint Dispute Resolution Study Committee.
Member and chair of the District Court Personnel Advisory Board.
Member and chair of the Court Technology Committee.
While in private practice, appeared in the North Dakota municipal, county, district, and Supreme Courts, as well as federal bankruptcy court and federal district court. Prepared contracts, wills, trusts, deeds, leases, mortgages, and tax returns. Formed and dissolved corporations and partnerships. Handled criminal, civil, domestic, and probate cases.
As a district judge, has handled most aspects of human affairs coming before the courts, from traffic violations to murder cases and from small claims court cases to products liability and complex oil and gas litigation. Has handled juvenile, deprivation, unruly, and delinquency cases. Has handled domestic cases involving paternity, custody, child support, property division, and spousal support. Has handled mental health cases involving mental disease and addiction.
In addition to serving as a trial judge, has sat on the North Dakota Supreme Court and North Dakota Temporary Court of Appeals. Has also been appointed to serve as a referee in attorney disciplinary proceedings.
Civic involvement
American Bar Association.
SBAND.
Elks.
Kiwanis, past president.
Dickinson Community Concerts Association, president.
Queen of Peace Parish, Queen of Peace Guitar Group. Was in the resource pool, if needed, to investigate any allegations of abuse against any staff member of Queen of Peace Parish.
Family
Married Georgiann Messer, August 13, 1966.
Three children: Melissa, Janine, and Jessica.
Two grandchildren: Tyler and Jackson.
Strengths you would bring to the Court
In addition to eight years of experience as a practicing attorney and 17 years of experience as a trial judge, I would bring the additional strengths of being able to work with and lead others in problem solving and administration.
Background