TO: Joint Procedure Committee
FROM: Andy Forward
DATE: March 26, 2010
RE: Rule 20, N.D. Sup. Ct. Admin. R., Magistrates–Qualifications, Authority, Education and Procedures
The Supreme Court recently issued an opinion in Harris v. Harris, 2010 ND 45, ¶ 4, in which a magistrate issued a disorderly conduct restraining order. Mr. Harris sought a review of the magistrate’s order by the district court, which was denied. Id. at ¶ 5. The Court concluded there is no specified procedure for district court review of a magistrate’s decision. Id. at ¶ 7.
Following the decision, the Supreme Court suggested that Rule 20 be amended to provide a procedure for district court review of a magistrate’s decision. A new Section 13 is proposed that allows for district court review of a magistrate’s issuance of a domestic violence protection order or a disorderly conduct restraining order. The proposed section is similar to Section 11 of Administrative Rule 13, which allows a district court review of a referee’s decisions.
Some form and style amendments are also proposed.
The proposed amendments to Rule 20 are attached. Also attached is a copy of Harris v. Harris and Administrative Rule 13.