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Monday, September 23, 2024

Judge Kirk B. Smith passes away at age 94

State AG
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Justice Jerod Tufte | North Dakota Supreme Court Website

Retired Judge Kirk B. Smith, formerly of Grand Forks, ND, passed away peacefully on Monday, July 8, 2024, in SMP Health-St. Catherine's North, Fargo, ND. He was 94 years old.

Kirk Berton Smith was born February 5, 1930, in Cogswell, ND, to Harry and Adeline (McCauley) Smith. He grew up on a farm in Sargent County and worked concessions during the dances at Smith’s Barn as a teenager. Kirk graduated from Cogswell High School in 1947 and was elected Governor of Boys State later that year before attending Boys Nation in Washington, DC.

Kirk attended North Dakota Agricultural College (now NDSU) from 1947-1950 before enlisting in the U.S. Navy in 1951. He served in the Pacific fleet during the Korean Conflict. Following his service, he returned to North Dakota to earn undergraduate and law degrees from the University of North Dakota in 1957. He was Case Editor of the North Dakota Law Review and a member of Alpha Tau Omega fraternity.

After law school, Kirk served as Law Clerk for Hon. Charles J. Vogel on the U.S. Eighth Circuit Court of Appeals and practiced law in Enderlin and Grand Forks. He also served as both Justice of the Peace and County Justice for Grand Forks County before being appointed Grand Forks County Judge in 1963. In 1976, he was elected North Dakota District Court Judge until his retirement in late 2000.

Throughout his career, Kirk held several notable positions including Presiding Judge of the Northeast Central Judicial District from 1988-1991 and appointments to the North Dakota Supreme Court and Intermediate Court of Appeals as a Surrogate Judge. In 1993, he lectured on legal issues for the United States Information Agency in Nepal.

A dedicated advocate for the rule of law, Kirk served many years as a national judge in various constitutional competitions such as “We the People…Citizen and the Constitution Competition” finals and National Bicentennial Competition on the Constitution and Bill of Rights.

In personal life, Kirk married Joan Bushaw of Oslo, MN in 1960; they made Grand Forks their home for over six decades while raising three children. They traveled extensively and were active charter members of Holy Family Catholic Church.

Kirk is survived by his children Ellen (Joseph Zevola), Tom (Kari), Jim (Dena), grandchildren Kirk Zevola Jr., Matthew Zevola; Miranda Smith; Isabella Smith; Andrew Smith; Emily Smith; brother Dennis Smith along with numerous nieces, nephews and friends.

He was preceded by his wife Joan Bushaw Smith; sister Virginia Even; brother Harry W. Smith Jr.

Donations can be made to American Legion Post 6 or University of North Dakota School of Law instead of flowers.

Mass: July 16 at St Michael’s Catholic Church due to renovations at Holy Family Catholic Church.

Visitation: July 15 at St Michael’s Catholic Church with rosary recitation at vigil service.

Burial: Calvary North Cemetery.

Honor Guards: Knights Of Columbus Bishop Provencher Assembly #1578 & Officers Of The Grand Forks Police Department.

Military Honors by Members Of The American Legion Post Six VFW Post Eighteen Seventy Four DAV Chapter Two US Navy Reserve

Complete obituary available here: https://www.normanfuneral.com/obituary/kirk-smith

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