2 North Dakotans Vie for Title of Governor of Week

The incoming Democrat and outgoing Republican are haggling over who is governor of North Dakota this week--and over who gets to make two state Supreme Court appointments--so a makeshift high court was picked Wednesday to consider the case.

State Atty. Gen. Nicholas Spaeth, a Democrat, petitioned the court Wednesday after outgoing Republican Allen I. Olson refused a request from incoming Democrat George Sinner to vacate the executive suite at the Capitol.

Olson, whom Sinner defeated in the Nov. 6 election, maintains that his four-year term runs until at least Saturday and that North Dakota governors traditionally do not take office until the Legislature convenes, which is next Tuesday this year.

But Sinner signed his oath of office Monday, saying he was taking over as governor on Tuesday, the first day of the year. Spaeth, who also took office Tuesday, rendered an opinion Wednesday supporting Sinner’s position.

Sinner, who was moving into the North Dakota governor’s residence on Wednesday, said he did not plan to move into the executive suite in the Capitol until Olson leaves.

“We’ve got all our unpacking to do,” he said. “The staff will go in (to the executive suite) if they agree to move out.

“If he wants to stay in the office, we will probably function out of the transition office” or the governor’s residence, Sinner said.

The opportunity to make the two court appointments this week arose because the state’s Judicial Nominating Committee is required by law to begin the process of appointing the new Supreme Court justices by sending a list of possible nominees to the governor’s office today.

“I felt the need to immediately go to the court to resolve this,” said Spaeth, who called the impasse a “constitutional crisis.”

The Supreme Court would likely begin a hearing on the request by this afternoon or Friday morning, said Luella Dunn, the court clerk.