LOCAL RULE 2. JUDGE ASSIGNMENT ROSTER
1. A judge assignment roster shall be maintained in the Court Administrator's office.
2. The Court Administrator shall assign the next district judge available from the assignment rotation roster.
3. The judge assignment roster shall be established with the names of district judges other than the presiding judge and shall be used in cases where a recusal or a demand for change of judge is filed by or against the presiding judge or acting presiding judge.
[Adopted March 12, 1991; readopted effective March 1, 1996 to "to continue in force thereafter indefinitely, until further order of the court."]
This random selection policy is to be utilized by the Northeast Central Judicial District Court Administrator in cases where a timely demand, as defined in Section 29-15-21(2) NDCC (as amended Supp. 1989), is made upon the presiding judge or upon the acting presiding judge in the absence of the presiding judge.
The District's Court Administrator shall first ascertain the timeliness of the demand. Thereupon, if the demand on the face of the record appears to be untimely as defined by law, Ibid., the Clerk shall file all related documents with the Court Administrator's certificate of Untimely Demand; and the judge against who said demand was filed shall continue to exercise jurisdiction in the case.
If the demand is ascertained to be timely, the Court Administrator shall randomly choose a substitute judge to preside over the case from among the district judges of the district who would be available to hear the case on the date set for hearing of the case. If no substitute district judge is available on that date, the random selection shall be from among the judges other than the district's presiding judge, or acting presiding judge, on the next available date and hour.
CROSS REFERENCE: See Effective Term of Local Court Rule, N.D.R. Local Ct. P.R. § 10