Smith v. Isakson
North Dakota Supreme Court
962 N.W.2d 594 (2021)
- Written by Sean Carroll, JD
Facts
Bismarck, North Dakota, had an ordinance prohibiting the selling of merchandise on public grounds without a permit. Violation of the ordinance was considered an infraction. Eric Smith (defendant) was charged with violating the ordinance. Smith requested a jury trial. The municipal court denied the request, finding that a right to a jury trial did not exist for an infraction. Smith filed a petition for a writ of supervision. The North Dakota Constitution preserved the right to a jury trial as it existed at the time the constitution was adopted. When the constitution was adopted, a right to a jury trial did not exist for an infraction but did exist for selling merchandise on public grounds without a permit, which at the time was a more serious offense than an infraction.
Rule of Law
Issue
Holding and Reasoning (VandeWalle, J.)
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