TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: May 1, 2009
RE: Rule 20, N.D.Sup.Ct.Admin.R., Magistrates Qualifications, Authority, Education and Procedures
The Supreme Court has referred to the Committee, for review and recommendation, a letter from Judge Joel Medd regarding Administrative Rule 20 on magistrates. The referral letter, Judge Medd's letter, and an e-mail dialogue between Judge Medd and the Chief Justice is attached.
Judge Medd suggests in his letter that presiding judges be given the power (under the rule's
Section 5) to delegate to magistrates the duty and authority to conduct preliminary
examinations. Staff has prepared a draft proposal, attached, which incorporates Judge
Medd's suggestion. Under the proposal, preliminary examination authority could only be
delegated to law-trained magistrates.