Proposed Amendments to Article V (C),
Bylaws of the North Dakota Judicial Conference
1. General. Except as otherwise provided, this subsection governs committees. The membership of each committee in subdivision A may consist of both members and non-members of the Judicial Conference who shall be appointed by the chair after consultation with the executive committee of the Judicial Conference. However, each committee shall consist of at least three members of the Judicial Conference. Subject to the conditions set forth below, each committee member shall serve until the completion of the appointing chair's term. Upon vacating the office by which the member qualified to serve as an ex-officio member of the Judicial Conference, or upon the termination of the term of membership by which the member qualifies to serve as an appointed member of the Judicial Conference, the member shall resign from each committee of the Conference on which the member serves. The members of each committee are eligible for reappointment.
2. Education Committee.
(a) The Education Committee consists of nine members appointed by the executive committee of the Judicial Conference. Five members must be appointed from among the judges of the courts of record of this state. One member must be appointed from each of the following classes:
(1) Juvenile court personnel;
(2) Support staff of the courts of record of this state;
(3) The faculty of the University of North Dakota Law School; and
(4) Judges who serve on courts not of record.
(b) The members of the Committee shall designate one of the nine members to chair the committee.
(c) The state court administrator, or designee, and the director of judicial education are ex officio members of the committee, but may not vote.
(d) Of the members of the committee initially appointed, three must be appointed for a one-year term, three for a two-year term, and three for a three-year term. Thereafter, each member must be appointed for a three-year term, except for appointments to unexpired terms.
(e) A member of the committee may not serve more than two successive three-year terms, but may serve until a successor is appointed and has qualified.
3. Judicial Ethics Advisory Committee.
(a) The Judicial Ethics Advisory Committee consists of five members:
(1) One judge and two lawyers appointed by the chair of the Judicial Conference; and
(2) Two judges appointed by the District Judges Association.
(b) The chair of the Judicial Conference appoints the chair of the committee.
(c) Members of the committee are appointed for two-year terms.
(d) To individuals covered by the North Dakota Code of Judicial Conduct, the committee provides telephone advice, private advisory letters, and public formal opinions, relating to the code and the requestor's conduct. The committee will not issue an opinion on a matter of law; and usually will not issue an opinion on a question involving the requestor that is known to be pending in court.