N.D. Sup. Ct. Admin. R. 22
[Proposed to be ] Amended effective August 1, 2004
COUNCIL OF PRESIDING JUDGESADMINISTRATIVE COUNCIL
Section 1. Authority and Policy.
In accordance with Article VI, Section 3, of the North Dakota Constitution, and consistent with Administrative Rule 2, the Supreme Court adopts this rule establishing the North Dakota
Council of Presiding Judges Administrative Council. The policy of the North Dakota judicial system and the purpose of this rule is to provide uniform and efficient delivery of administrative support services to the trial courts of the North Dakota judicial system.
Section 2. Administrative Council
of Presiding Judges - Membership - Terms. (a) The North Dakota Council of Presiding Judges is established in the North Dakota judicial system. (b) The Council of Presiding Judges consists of the presiding judge of each judicial district and the chief justice of the Supreme Court. (c) The chief justice of the Supreme Court is the presiding officer of the Council. (d) To staff the Council of Presiding Judges, the chief justice of the Supreme Court appoints a director of trial court administration. Under the direction and control of the chief justice and the state court administrator, the director of trial court administration supervises and directs trial court and juvenile court administrative support staff, and performs other duties and responsibilities as directed by the Council of Presiding Judges. The director of trial court administration serves at the pleasure of the chief justice.
A. The Administrative Council consists of the Chief Justice, who serves as presiding officer of the Council; one justice of the Supreme Court; the presiding judge of each judicial district; one district judge from each administrative unit who is elected by vote of all district judges and supreme court justices of the state; and one member of the State Bar Association appointed by the Chief Justice.
B. Except for the Chief Justice and presiding judge members, of the members initially elected or appointed and as determined by lot at the first meeting, two members have three-year terms, two members have two-year terms, and two members have one- year terms. Thereafter, each complete term is three years. Each such member may be reelected or reappointed and, if not serves until the member's successor takes office. In the event a member no longer serves as a justice of the Supreme Court, district judge, or lawyer member of the association, that member is ineligible for membership and a vacancy exists. Vacancies are filled in the same manner as the affected membership is filled. Except for the Chief Justice and the presiding judge of each judicial district, a member may not serve more than two successive terms. A member appointed or elected to an unexpired term less than one-half the duration of a regular term is eligible to serve two full successive terms.
C. Each member is entitled to reimbursement at state rates for expenses incurred in attending Council meetings.
Section 3. Administrative Council Duties
of the Council.
The Council, with the approval of the chief justice, shall:
(a) Develop uniform administrative policies for the trial courts. (b) Provide the administrative mechanism and authority to ensure the policies are implemented. (c) Review the biennial budget proposals of each judicial district. (d) Prepare a proposed state-funded trial court component of the North Dakota judicial system budget for each biennium. (e) Monitor trial court budget expenditures. (f) Perform other duties and responsibilities as directed by the chief justice and the Supreme Court. (g) Meet at least four times a year.
A. Develop and ensure implementation of uniform administrative policies and procedures for the trial courts and juvenile courts.
B. Review the biennial budget proposals submitted by the trial court administrators for the respective administrative units.
C. Review and approve for submission to the Supreme Court a proposed trial court component of the unified judicial system budget for each biennium.
D. Monitor trial court budget expenditures.
E. Perform other duties and responsibilities as directed by the Chief Justice or the Supreme Court.
Section 4. Administrative Council Operation.
A. A quorum of the Council is necessary for the Council to take any action. The affirmative vote of a majority of the Council's members present, and the approval of the Chief Justice, is required for final Council action. The Council shall meet at least quarterly.
B. Before adopting or modifying any Judicial Branch administrative policy or procedure, the policy or procedure must be distributed to all trial court judges and affected personnel for comment. Comments must be received within 30 days after distribution of the proposal. If the proposal requires expedited action, the Council may provide for a shorter comment period or may adopt the policy or procedure on an emergency basis subject to comment and final action of the Council.
C. The Office of State Court Administrator serves as the secretariat for the Council and assists in arranging meetings, providing meeting minutes, distributing Council proposals for comment, and providing other assistance as required by the Council.
4. 5. Effective Date.
This rule is effective August 1, 2004.
Dated this ____ day of ______, 2004.
SOURCE: Council of Presiding Judges, Minutes of July 15, 1994.
[Adopted effective July 1, 1984; amended effective January 1, 1995; amended effective August 1, 2004.]