AR 13. JUDICIAL REFEREES
The 1985 Legislative Assembly provided for
the appointment of judicial referees pursuant to under House Bill 1586. Pursuant to Article VI, Section 3, North Dakota Constitution and Section 270530 NDCC, Under N.D. Const. art. VI, § 3, and N.D.C.C. § 27-05-30, the Supreme Court hereby adopts the following administrative rule relating to judicial referees.
Statement of Policy.
It is the policy of the North Dakota Judicial System to provide for the qualifications, the extent and assignment of authority, procedure and the conduct of the role of judicial referees within the North Dakota Judicial System in each judicial district.
Qualifications of Judicial Referees.
Minimum qualifications for judicial referees shall include:
United States citizenship;
physical residence in the judicial district of the appointment after appointment unless physical residence is waived by the presiding judge of the judicial district; and
a license to practice law in the state of North Dakota; or a juvenile supervisor/referee meeting the requirements of
Section 272006(i) NDCCN.D.C.C. § 27-20-06(i).
The presiding judge, on behalf of all of the district court judges of the judicial district, shall execute in writing the appointment of all judicial referees, to serve at the pleasure of the district court judges of the judicial district. Judicial referees
shall must be compensated pursuant to under the personnel system of the North Dakota Judicial System.
Scope of Delegable Duties.
A presiding judge, after consultation with the district court judges of the judicial district, may authorize a judicial referee to preside in any individual or class of proceedings
1. Title 14 N.D.C.C., except contested divorce trials;
2. Chapter 2720 N.D.C.C.; and
3. Chapter 2825 N.D.C.C.
A judicial referee has such other authority of a district court judge as is necessary to carry out the delegated duties, including the issuance of orders to show cause, temporary restraining orders, temporary injunctions, and the power to impose remedial sanctions for contempt of court.
The order issued under Subsection (a) of this section
shallmust be reduced to writing and signed by the presiding judge of the judicial district. The order shallmust be filed with the clerk of district court of each county of the judicial district. The presiding judge shall send a copy of this document to the State Court Administrator. A copy shallmust be made available to any party upon request.
Within the limits set forth in the written order of the presiding judge, district court judges may refer individual cases or classes of cases to a judicial referee by written order.
After July 1, 1987, a judicial referee who hears matters
pursuant to Chapter 2720 NDCC shallunder N.D.C.C. ch. 27-20 may not exercise supervision of personnel who supervise juveniles.
Each judicial referee shall have jurisdiction only within the judicial district of appointment and is expected to maintain an office as assigned by the presiding judge of the judicial district. A judicial referee may be appointed to temporary duty in another judicial district by the presiding judge of the judicial district, with the consent of the presiding judge of the receiving judicial district or by the chief justice
pursuant to Article VI, Section 3, North Dakota Constitution under N.D. Const. art. VI, § 3.
Proceedings on the Record.
shall must be heard on the record.
Removal from Referee.
Any party to a proceeding before a judicial referee is entitled to have the matter heard by a district court judge, if written request therefor is filed by the party within three days after service of either initiating documents or other notice
which shall inform them informing the party of this right.
Standard of Conduct.
The Rules of Judicial Conduct
shall must be observed by each judicial referee.
Recommendations Findings and Order.
The findings and
recommendationsorder of the judicial referee are deemed to have the effect of an order of the district court until superseded by a written order of a district court judge.
Upon the conclusion of a hearing before a judicial referee, the judicial referee shall promptly transmit written findings and recommendations for disposition to the judge. Written notice andCopies of the findings and recommendationsorder together with written notice of the right of review shallmust be promptly given to the parties. (c)
In the absence of a review pursuant to Section 11, a district court judge shall confirm, modify, or reject the findings and recommendations of the judicial referee in a written order of the court.
Procedure for Review.
A review of the findings and
recommendationsorder may be ordered at any time by a district court judge and shallmust be ordered if a party files a written request for areview within three days after receiving the notice in Section 10(b). The request for review shallmust state the reasons for the review.
The review by a district court judge
shallmust be a review of the record, unless the court orders a hearing of the proceeding.
SOURCE: Joint Procedure Committee Meeting Minutes of _______________________; April 2930, 1993, pages 2
3;. Court Services Administration Committee Meeting Minutes of May 17, 1985, pages 24. Family Caselaw Referee Study Subcommittee of Court Services Administration Committee Meeting Minutes of April 19, 1985, pages 38; March 15, 1985, pages 16; February 22, 1985, pages 19; January 11, 1985, pages 28; and December 17, 1984, page 5. North Dakota Constitution, Article VI, Section 3; and Section 270530 NDCC.