N.D. Sup. Ct. Admin. R.
Administrative Rule 20 - MAGISTRATES--QUALIFICATIONS, AUTHORITY, EDUCATION AND PROCEDURES
Section 1. Authority.
In accordance with Article VI, Section 3, North Dakota Constitution, and Section N.D.C.C. § 27-05-31, NDCC, the Supreme Court adopts the following administrative rule relating to magistrates appointed by a presiding judge.
Section 2. Statement of Policy.
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 district.
Section 3. Qualifications of Magistrates.
Minimum qualifications for magistrates shall includes:
(a) United States' citizenship,.
(b) Except except for duties delegated under Section 5(a)(3), (4), and (6), admission to practice as an attorney in the state of North Dakota, and.
(c) Physical 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. A copy of an order appointing a magistrate and designating delegated duties or an order modifying delegated duties must be filed with the State Court Administrator within three business days of the date of the order. 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.(1) To to issue search warrants under SectionN.D.C.C. § 29-29-01, NDCC, and N.D.R.Crim.P. 41,.
2.(2) To to issue administrative search warrants under SectionN.D.C.C. § 29-29.1-01;, NDCC.
3.(3) To to approve complaints and to issue summonses or warrants under N.D.C.C. Chapter ch. 29-05, NDCC, and N.D.R.Crim.P. 3 and N.D.R.Crim.P. 4,.
4.(4) To to hold initial appearance under N.D.R.Crim.P. 5, and to set bail under N.D.C.C. Chapter ch. 29-08, NDCC, and N.D.R.Crim.P. 46,.
5.(5) To to conduct preliminary examinations under N.D.R.Crim.P. 5.1,.
6.(6) To to perform registrar and clerk duties under the Uniform Probate Code, N.D.C.C. Title tit. 30.1, NDCC, particularly SectionsN.D.C.C. §§ 30.1-14-02 and 30.1-14-07, NDCC, in informal probate proceedings and SectionN.D.C.C. § 30.1-15-05, NDCC, in uncontested formal probate proceedings,.
7.(7) To to conduct preliminary mental health commitment proceedings under SectionN.D.C.C. § 25-03.1-09, NDCC, notwithstanding and consistent with Section § 25-03.1-02(3) and (8),.
8.(8) To to issue domestic violence protection orders under N.D.C.C. ch. 14-07.1, and.
9.(9) To 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 must meet the qualifications of Section 3 and may be delegated duties under Section 5. The alternate magistrate shall will serve as magistrate whenever the magistrate for the county is unavailable to fulfill the duties of magistrate.
Section 8. Vacancy.
The presiding judge of the judicial district may fill any vacancy in the office of magistrate or alternate magistrate 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. The presiding judge shall must notify the State Court Administrator of the removal.
Section 11. Standard of Conduct.
The Code of Judicial Conduct is the standard of conduct which shall must 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 SectionN.D.C.C. § 27-05-31, NDCC, must attend a continuing education program every odd calendar year as provided by the Judicial Branch 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 will 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. Procedure for Review.
(a) A review of the issuance of an order under Section 5(a)(8), and (9) may be ordered at any time by a district court judge and must be ordered if a party files a written request for a review within seven days after the order is issued. The request for review must state the reasons for the review. A party requesting review must give notice to all other parties. Parties seeking to respond to a request for review must file their response within 14 days after service of notice of the request.
(b) The review by a district court judge must be a de novo review of the record. The district court may:
(1) adopt the magistrate's findings;
(2) remand to the magistrate for additional findings; or
(3) reject the magistrate's findings.
(c) If the district court judge rejects the magistrate's findings, the court must issue its own findings of fact, with or without a hearing.
Section 1314. Effective Date.
This Rule, as amended, is effective July 1, 2009 ______________.
Dated: June 3, 2009 ______________.
Source: N.D. Const., Art. VI, Sec. 3; Sec. 27–07.1–07, NDCC. AR Rule 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; Sec.N.D.C.C. § 27–05–31, NDCC; amended November 16, 1994, with amendments effective January 1, 1995; amended April 1, 1998; amended March 1, 2005; amended effective July 1, 2007; amended effective January 1, 2009; amended effective July 1, 2009; ___________________.
Rule 20 was amended, effective ________________, to add a new Section 13, which establishes a procedure for the district court to review a magistrate’s issuance of a domestic violence protection order or a disorderly conduct restraining order.
Sources: N.D. Const., Art. VI, § 3; N.D.C.C. § 27-07.1-07; Joint Procedure Committee Minutes of _______________.