N.D. Sup. Ct. Admin. R.
RULE 20. MAGISTRATES--QUALIFICATIONS, AUTHORITY,
EDUCATION AND PROCEDURES
Section 1. Authority.
The 1991 Legislative Assembly provided for the
magistrates under N.D.C.C. § 27-05-31. In accordance with Article VI, Section 3,
Dakota Constitution, and N.D.C.C. § 27-05-31, the Supreme Court adopts the following
administrative rule relating to magistrates appointed by a presiding judge.
Section 2. Statement of Policy.
It is the policy of the The North
Dakota Judicial System's
policy is to provide for the qualifications, the extent and assignment of authority, and the
conduct of the office of magistrate within the North Dakota Judicial System in each judicial
Section 3. Qualifications of Magistrates. Minimum qualifications for magistrates shall include:
(a) United States' citizenship.
(b) Physical residence in the county of appointment after appointment unless physical residence is waived by the appointing and confirming authorities.
Section 4. Appointment. The presiding judge of the judicial district may appoint a magistrate to serve at the pleasure of the presiding judge. Magistrates may be paid a salary as determined by the Supreme Court.
Section 5. Scope of Delegable Duties.
(a) The presiding judge of the judicial district may delegate the following duties and authority to a magistrate who has met the qualifications in Section 3:
1. To issue search warrants
pursuant to under N.D.C.C. §
29-29-01, and N.D.R.Crim.P.
2. To issue administrative search warrants
pursuant to under
N.D.C.C. § 29-29.1-01.
3. To approve complaints and to issue summons or warrants
Chapter 29-05, and N.D.R.Crim.P. 3 and N.D.R.Crim.P. 4.
4. To hold initial appearance
pursuant to under N.D.R.Crim.P. 5,
and to set bail pursuant
to under Chapter 29-08, N.D.C.C., and N.D.R.Crim.P. 46.
5. To perform registrar and clerk duties
pursuant to under the
Uniform Probate Code, Title
30.1, N.D.C.C., particularly N.D.C.C. §§ 30.1-14-02 and 30.1-14-07, in informal
probate proceedings and N.D.C.C. § 30.1-15-05, in uncontested formal probate
6. To conduct preliminary mental health commitment proceedings
N.D.C.C. § 25-03.1-09, notwithstanding and consistent with Section
25-03.1-02(2) 25-03.1-02(3) and (8).
7. To issue domestic violence protection orders under N.D.C.C. ch. 14-07.1.
8. To issue disorderly conduct restraining orders under N.D.C.C. ch. 12.1-31.2.
(b) The duties delegated to each magistrate under this section must be reduced to writing and signed by the presiding judge of the judicial district.
(c) The duties of a magistrate may be diminished by the presiding judge of the judicial district upon notice in writing to the magistrate.
Section 6. Geographical Jurisdiction. Each magistrate has the geographical jurisdiction within the judicial district as assigned by the presiding judge of the judicial district, and is expected to maintain an office in conjunction with a district judge.
Section 7. Alternate Magistrate. The presiding judge of the judicial district may appoint
an alternate magistrate in a county in which the presiding judge or another district judge does
not reside. The alternate magistrate shall meet the qualifications of Section 3 and may be
pursuant to under Section 5. The alternate magistrate
shall serve as
magistrate whenever the magistrate for the county is unavailable to fulfill the duties of
Section 8. Vacancy. The presiding judge of the judicial district may fill any vacancy in the
office of magistrate or alternate magistrate
pursuant to under Section 4
and Section 7.
Section 9. Proceedings on the Record. Proceedings must be heard on the record as in district court.
Section 10. Removal From Office. A magistrate may be removed from the office of magistrate by the presiding judge of the judicial district upon notice in writing to the magistrate.
Section 11. Standard of Conduct. The Code of Judicial Conduct is the standard of conduct which shall be observed by each magistrate. The Judicial Conduct Commission has jurisdiction over the conduct of magistrates to the same extent as it has over other judges.
Section 12. Continuing Education.
(a) Each magistrate appointed under N.D.C.C. § 27-05-31, must attend a continuing education program every odd calendar year as provided by the Continuing Judicial Education Commission. The magistrate must be reimbursed for necessary expenses, travel, and subsistence by the judicial system.
(b) If any magistrate fails to attend an educational session without being excused by the State Court Administrator, the State Court Administrator shall report such fact to the presiding judge of the judicial district and to the Judicial Conduct Commission, for such action as it deems appropriate.
Section 13. Effective Date. This Rule, as amended, is effective
1998 March 1,
SOURCE: N.D. Const., Art. VI, Sec. 3; N.D.C.C. § 2707.107. AR 20 adopted December 22, 1982, effective January 1, 1983; amended effective June 24, 1985; emergency amendments adopted effective December 20, 1989, readopted February 22, 1990; amended June 24, 1992, which amendments became effective on August 1, 1993; N.D.C.C. § 270531; amended November 16, 1994, with amendments effective January 1, 1995; amended April 1, 1998; amended March 1, 2005.