Retired Judge Kirk B. Smith, formerly of Grand Forks, ND, died 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 as a teen worked concessions during the dances at Smith’s Barn, a family business that drew dance bands from across the state during the 1940s and early 1950s. Kirk graduated from Cogswell High School in 1947, was elected Governor of Boys State later that year, and attended Boys Nation in Washington, DC.
Kirk attended North Dakota Agricultural College (now NDSU) in Fargo from 1947-1950, before enlisting in the U.S. Navy in 1951, where he served in the Pacific fleet during the Korean Conflict. Following his service, Kirk returned to North Dakota to earn undergraduate and law degrees from the University of North Dakota in1957. He was Case Editor of the North Dakota Law Review, and a member Alpha Tau Omega fraternity at both UND and NDAC.
After law school, Kirk served as Law Clerk for the Hon. Charles J. Vogel on the U.S. Eighth Circuit Court of Appeals, practiced law in Enderlin and Grand Forks, and served as both Justice of the Peace and County Justice for Grand Forks County before his appointment as Grand Forks County Judge in 1963. Kirk served as County Judge until he was elected North Dakota District Court Judge in 1976, a post he held until his retirement in late 2000. Over the course of his career, Kirk was Presiding Judge of the Northeast Central Judicial District from 1988-1991, he sat on the North Dakota Supreme Court and Intermediate Court of Appeals, and he also was appointed as a Surrogate Judge. In 1993, Kirk lectured in Nepal on legal issues for the United States Information Agency. A devoted advocate and mentor on the rule of law, Kirk also served for many years as a national judge in the “We the People…Citizen and the Constitution Competition” finals in Washington, DC, and as a national judge in the National Bicentennial Competition on the Constitution and Bill of Rights.
Kirk married the former Joan Bushaw of Oslo, MN, in 1960, and for 61 years they made Grand Forks their home and raised three children. They traveled extensively and enjoyed many civic and cultural activities and were active charter members of Holy Family Catholic Church. In addition to his professional activities, Kirk enjoyed reading, opera, dancing with Joan, vintage cars, and spending time with family and friends. He was a longtime member and past commander of the American Legion Post 6, and active in the Disabled American Veterans (DAV) Chapter 2, Veterans of Foreign Wars (VFW) Post 1874, and the USS Windham Bay-CVE 92 Annual Ship’s Reunion. Kirk was also active in Kiwanis, Knights of Columbus, and the Grand Forks County Historical Society, as well as a passionate champion of North Dakota Boys’ State, which he long credited for setting him on the path to his legal career.
Kirk is survived by his children, Ellen (Joseph Zevola) of New York City, Tom (Kari) of Fargo, and Jim (Dena) of Washington, DC, grandchildren Kirk and Matthew Zevola, Miranda and Isabella Smith, and Andrew and Emily Smith, and a brother, Dennis Smith of Lisbon, ND, along with many nieces, nephews, and friends. He was preceded in death by his beloved wife, Joan, his sister, Virginia (Smith) Even, and brother Harry W. Smith Jr.
In lieu of flowers, donations may be made in Kirk Smith’s name to the American Legion Post 6 P.O. Box 5692 Grand Forks, ND 58206-5692 or the University of North Dakota School of Law https://undfoundation.org/kirk-smith.
Mass of Christian Burial: 11:00 a.m. on Tuesday, July 16, 2024, at St. Michael’s Catholic Church in Grand Forks, ND, due to ongoing renovations at Holy Family Catholic Church. Visitation: 5:00 to 7:00 p.m. Monday, July 15, 2024, at St. Michael’s Catholic Church with a 6:30 p.m. recitation of the rosary and a 7:00 p.m. vigil service. Visitation will continue for one hour prior to the liturgy in the church on Tuesday.
Burial: Calvary North Cemetery, Grand Forks, ND.
Knights of Columbus Honor Guard: Bishop Provencher Assembly #1578.
Police Honor Guard: Officers of the Grand Forks Police Department.
Military Honors: Accorded by Members of the American Legion, Post 6, the Veterans of Foreign Wars Post 1874, the Disabled American Veterans Chapter 2 and the United States Navy Reserve.