South Central District Judge Benny Graff has had a say in courtrooms longer than any other active North Dakota district judge.

His booming, rapid-fire voice has echoed through the Burleigh County courthouse for the last 30 years.

"Usually with Judge Graff, you hear him before you see him, because he's talking and he's talking loud," Burleigh County Court Administrator Doug Johnson said.

His voice has dominated conversations, increased in volume when passionate, demanded respect in the courtroom, sentenced criminals to time in prison and given many first-time offenders a second chance.

"Many people see him as gruff and loud, but he's a very compassionate man," State Court Administrator Ted Gladden said. "He could intimidate people, but he is such a marshmallow. He has such a compassion for people."

Defense attorney Bill Schmidt said there's little difference outside the courtroom.

"You always noticed when he had problems with a witness or missed a putt on the golf course because his voice goes up a little bit in volume and pitch," Schmidt said. "He's been known to get a little louder in the courtroom and on the golf course."

Graff's voice will be heard more often on golf courses than in courthouses when he leaves the bench next month. Graff will retire Jan. 31.

"I don't know if I'll miss it. I'll find out when I'm done," Graff said.

Of the trials he's presided over, Graff said, in many "you could fall asleep if you had a bed and a soft pillow." But he said he enjoys cases with interesting, controversial facts and two good, well-prepared attorneys.

"To watch that unfold in front of you is really fun," he said. "It's like watching a good movie. It keeps you entranced."

The most memorable case for Graff was a 1975 murder case. Katherine Rohrich, of Steele, was accused of shooting her husband four times - twice in the head and chest. Rohrich was acquitted because the jury concluded she killed him in self-defense, after suffering years of abuse.

Although the trial was emotional, with Rohrich's children testifying about the abuse they and their mother suffered, Graff said he didn't let the emotion affect him during that trial or the many others that followed.

"You're the one they're looking to for leadership," he said. "I can't weep on the bench."

Graff said his caseload has changed since being appointed in 1974. In early years he handled many cases involving automobile accidents and divorces, but in recent years most of the cases are DUIs, drug and sex crimes.

"It's not the work that bothers me, it's the schedule," Graff said. "Whenever I want to go someplace, I have to schedule two to three months in advance."

No longer will Graff have to postpone trials to take vacation or wait for a case to settle to join his friends on the golf course. He said he plans to travel, do volunteer work and visit his five children and four grandchildren who live in Ohio and Massachusetts. He also has volunteered to serve as a surrogate judge. Surrogate judges are retired judges from across the state who fill in during times of need.

In the last 30 years, Graff has left a lasting impression on many. The Tribune asked some of those who've worked with Graff over the years to relate a memorable story of their time together. Here's what they had to say:

Robert Wefald

Robert Wefald has worked beside Benny Graff as a South Central District judge in recent years, but that wasn't always the case.

As a defense attorney in 1976, Wefald was on the other side of the judge's bench defending a 19-year-old man who had instigated a standoff with police. The teenager barricaded himself in his Bismarck home and threatened officers who tried to coax him out.

"It was a fairly significant deal at the time," Wefald said.

The 19-year-old never had been in trouble before the standoff and was having family problems - his mother was charged with embezzling money. Wefald decided the best course of action was for the teen to plead guilty to the criminal charges and hope Graff was lenient.

Wefald requested a suspended sentence. The prosecutor wanted the teenager to spend time in prison.

Graff surprised them both with a deferred sentence. The judgment erased the charges from the teenager's record after an allotted amount of time.

"Judge Graff always had his eye on the ball when sentencing criminals," Wefald said. "He doesn't put them in prison and throw away the key. He has humanity and compassion in his sentencing."

About 20 years after the sentencing, Wefald got a chance to talk to his client again. Then 40 years old, the man was living in California, had a good job and a family. He had stayed out of trouble.

The man told Wefald that if he ever saw Graff, to thank him.

Fred Schmidt

Anyone looking for Graff between court appearances or on weekends may have had the best luck at a Bismarck golf course.

That's where Graff spent much of his spare time and met Fred Schmidt.

Soon after Graff was appointed judge in 1974, he showed up at Riverwood Golf Course. Schmidt said it didn't take long for Graff to become part of a group of men who met faithfully to play the game. They'd all throw one of their golf balls into a hat and pull out four at a time to make up the foursomes for the day.

"We were a pretty open group. If someone wanted to play with us, that was fine," Schmidt said. "Pretty soon, you're stuck together like glue."

Schmidt and Graff became friends. They played golf in their spare time and took weeklong trips in the 1990s to San Diego and Florida for 36 holes of golf a day.

"There was no time for sightseeing," Schmidt said.

Graff - a take-charge type of guy - was always behind the wheel during the trips and didn't like to be showed up by other big-city drivers, Schmidt said. Graff's speeds in the heavy traffic always led to good-natured ribbing from Schmidt and the other men along for the ride.

"We'd just say in jest that we'd take the keys away from him," Schmidt said.

Schmidt said playing practical jokes on Graff has become a favorite pastime.

"He was sometimes like a Northern in the water that hasn't eaten in a while. You throw a line in the water and he'll attack it," Schmidt said of setting up Graff for jokes in the past. "Now, Benny is a little more cautious, and he's not as apt to take the bait."

Bill Schmidt

Defense attorney Bill Schmidt said his first encounters with Graff were in the courtroom, but he later met him on the golf course.

"He's always prepared, both in the courtroom and on the golf course," Schmidt said. "He's a hoot to play golf with because he gets angry with himself, but he gets over it really quick. He doesn't hold grudges and that's the way he is in the courtroom too."

Schmidt said as his friendship with Graff developed on the golf course, their meetings in the courtroom decreased. In an effort to remain impartial, Graff removed himself from cases involving Schmidt to avoid the appearance of impropriety.

"I respect that and it shows the type of person he is," Schmidt said.

Schmidt said he plans to continue playing golf with Graff after Graff retires and he'll look for him at a Dakota Wizards basketball games.

"He's a Wizards fan and he's very vocal," Schmidt said. "He lets the referees know when he doesn't agree with them. He speaks his mind in anything."

Allen Koppy

The year was 1992.

The case was North Dakota versus Duane Thiel.

Thiel, 64, of New Salem, was charged with murder for shooting his brother twice in his home southeast of Judson. The state's star witness, a man who was with Thiel at the time of the shooting, died shortly after the murder, so his testimony was inadmissible in court.

Morton County State's Attorney Allen Koppy had spent the week trying to present enough circumstantial evidence for a jury to find Thiel guilty of murder.

"It was a long and arduous case," Koppy said. "It was a tough week with a lot of objections. A real challenging time of it in court."

The prosecutor and defense had rested their cases and Graff was reading the jury instructions. State law bans people from coming or going during jury instructions.

Koppy was following along with his own copy when there was a sudden outburst by Graff.

"Suddenly I hear this loud voice from Benny. 'Sit down!' He slammed his hand down twice and said again 'Sit down!'" Koppy said.

Koppy said he instantly sat up in his chair and was about to tell the judge he was already seated when he noticed movement behind him. A television reporter who had apparently tried to duck out of the courtroom quickly slunk back into his seat.

"It was like he shrank into the woodwork," Koppy said.

Although the outburst may have seemed harsh, Koppy said he and other attorneys appreciated the order Graff demanded in the courtroom.

"Judge Graff isn't even gone yet and already I'm missing him," Koppy said.

Thiel was convicted of murder, and Graff sentenced him to 15 years in the State Penitentiary.

Cynthia Feland

Attorneys and judges don't always see eye to eye. Burleigh County Assistant State's Attorney Cynthia Feland and Graff were no exception.

"Benny has made me work for every conviction I've gotten," Feland said.

Feland says their disagreements over the finer points of law have sometimes resulted in heated courtroom debates. A prime example was during a 2001 trial.

George Morsette was accused of physically and sexually abusing two children, ages 3 and 5.

Feland said after hearing defense testimony, she wanted to recall one of the children as a rebuttal witness. Graff was opposed to putting the child back on the witness stand.

"It was a shouting match," Feland said. "At one point he stood up, leaned over the bench, pointed his finger at me and told me to sit down."

"It was an interesting debate, and I didn't win. His word was final."

The jury found Morsette guilty of two counts of child abuse or neglect but acquitted him of two sexual abuse charges. Graff later sentenced Morsette to 60 days in jail although Feland sought the maximum 10 years. Graff said at the sentencing that he was essentially sentencing Morsette for "being rotten to his wife in front of the kids."

"He (Graff) isn't going to hand it to you," Feland said. "No one is going to accuse him of siding with the prosecution."

Feland disagreed with the sentence, but she commended Graff's control of the courtroom and his demeanor outside.

"What happens in the courtroom stays in the courtroom," Feland said of Graff. "Benny Graff is one of the tightest courtroom judges I've ever seen. Benny is in charge of the courtroom when Benny tries a case. He keeps things moving, keeps the pace going and doesn't tolerate any attorney antics."

Ralph Vinje

Deborah Meyer, a former Mandan resident, was accused of hiring a hit man to murder her husband, Delwyn Meyer, in 1989 at their farm 10 miles west of Mandan.

Attorney Ralph Vinje was hired to defend her. Graff was assigned the case.

Six days before Meyer's 1991 trial was set to begin, the Morton County state's attorney's office moved to dismiss the charges but preserve the right to recharge Meyer if new evidence surfaced. Prosecutors said their prime witness had lied and the alleged hit man had an alibi.

Vinje objected, preferring to go to trial and try to get an acquittal.

When Graff sided with Vinje and ordered the case to trial, the prosecution appealed his decision to the state Supreme Court. The higher court ordered the case be dismissed without prejudice unless Vinje could prove misconduct by authorities.

Vinje provided the evidence and Graff dismissed the accomplice to murder charges and ruled that Meyer couldn't be charged again.

"He's a judge who has a heart and can put himself in the place of the accused and understand what they're going through," Vinje said.

Graff also is willing to own up to his mistakes in the courtroom, Vinje said.

"He's willing to admit he was wrong and reverse his opinion."

Sue Seifert

As a security officer at the Burleigh County courthouse, Sue Seifert spends a lot of time in courtrooms. She's sat through everything from murder and assault trials to divorce hearings and child custody battles.

One of the most memorable and humorous moments Seifert recalls occurred during a hearing for a man charged with being a minor in possession of alcohol.

Seifert said the teen was from Russia and had difficulty speaking English. After struggling to tell Graff his side of the story from the witness stand, the youth took an unconventional approach. He turned to a friend who was in the back of the courtroom watching and began speaking to him in Russian, apparently asking for help telling the story.

"He just couldn't make himself understood," Seifert said.

Trying to use his friend as a translator provoked an instant reaction from Graff. Seifert said the judge shook his head and said loudly, "No! No! No! We're not going to take his word for it anymore than we'll take your word."

"He (Graff) wasn't mad. He was like 'Are you kidding?' " Seifert said.

Graff's rebuke brought chuckles to everyone in the courtroom.

(Reach reporter Mike Albrecht at 250-8261 or cops@ndonline.com.)