Article VI, Section 3, of the North Dakota Constitution authorizes the chief justice of the Supreme Court to appoint a court administrator for the unified judicial system. Pursuant to this constitutional authority, the Supreme Court has outlined the powers, duties, qualifications, and term of the state court administrator in an administrative rule. The duties delegated to the state court administrator include assisting the Supreme Court in the preparation of the judicial budget, providing for judicial education services, coordinating technical assistance to all levels of courts, planning for statewide judicial needs, and administering a personnel system.
The office of state court administrator, under the guidance and supervision of the Continuing Judicial Education Commission and through the director of judicial education, develops and implements education programs for all judicial and non-judicial personnel. To supplement the education programs presently being offered, an audio and video library has been established and is housed in the Supreme Court Library. To complement this library, the University of North Dakota Law School provides additional materials upon request.
Further activities of the Commission are described in greater detail in the second part of this report which discusses the activities of the Commission.
Research and Planning
Staff services are provided to the Judicial Planning Committee and other advisory committees of the Supreme Court by staff in the office of state court administrator. The duties of these staff personnel include research, bill drafting, rule drafting, arrangement of committee meetings, and any other tasks assigned by various other committees. Specific activities and projects of the Supreme Court standing committees are provided in a latter section of this report.
To ensure uniformity in personnel administration, personnel policies and a pay and classification plan were developed under the direction of the state court administrator. These programs are administered by the director of human resources and development.
One of the primary functions of the office of state court administrator is to obtain adequate financial resources for judicial operations and to manage these resources. These functions are met with fiscal personnel consisting of a director of finance, supervisor of accounting, and technical staff. With the assistance of fiscal staff, the various judicial budgets are developed for funding consideration by the Legislative Assembly. The Supreme Court budget request is developed with input from Supreme Court department heads. The Judicial Conduct Commission and Disciplinary Board budget request is developed by their staff. The district court budget is coordinated by fiscal staff and prepared by each of the seven judicial districts with a joint recommendation of approval from the Council of Presiding Judges.
A monitoring function is carried out on a monthly basis with an analysis of the budget and preparation of status reports after the monthly payroll and other expenditures have been processed. Guidance for approval of various expenditures is found in budgetary policies.
In viewing the judicial budget, it should be noted that the state funds the Supreme Court, the Judicial Conduct Commission, approximately one-half of the expenses of the Disciplinary Board, and district court expenses with the exception of expenses for the office of district court clerks. The clerks' offices are funded by the counties. Municipal courts are funded by the municipalities they serve.
JUDICIAL PORTION OF THE STATE'S BUDGET
Total State General and Special Funds Appropriation
Executive and Legislative Branch General and Special Funds Appropriation
Judicial Branch General and Special Funds Appropriation
$ 41,690,519 ( 1%)
STATE JUDICIAL BRANCH APPROPRIATION BY APPROPRIATED LINE ITEM 1999-2001 BIENNIUM
Total Judicial Branch General and Special
Funds Appropriation $41,690,519
Salaries and Benefits $28,696,926 (69%)
Operating Expenses $10,472,552 (25%)
Equipment $ 889,116 ( 2%)
Special Purposes $ 1,631,925 ( 4%)
STATE JUDICIAL BRANCH APPROPRIATION BY TYPE OF ACTIVITY 1999-2001 BIENNIUM
General Fund $ 7,106,323
Special Funds 0
TOTAL $ 7,106,323 (17%)
General Fund $32,292,328
Special Funds 779,943
TOTAL $33,072,271 (80%)
Judicial Conduct Commission & Disciplinary Board
General Fund $ 241,925
Special Funds 270,000
TOTAL $ 511,925 ( 1%)
Clerk of District Court
General Fund $1,000,000
Special Funds 0
TOTAL $1,000,000 ( 2%)