N.D. Sup. Ct. Admin. R. 22
Amended effective August 1, 2004
with the exception of Section 2.C.,
which is effective July 1, 2004
Administrative Rule 22 - NORTH DAKOTA
COUNCIL OF PRESIDING JUDGES ADMINISTRATIVE
Section 1. Authority and Policy.
In accordance with Article VI, Section 3, of the North Dakota Constitution, and consistent
Administrative Rule 2, the Supreme Court adopts this rule establishing the North Dakota
of Presiding Judges Administrative Council. The policy of the North
Dakota judicial system and
the purpose of this rule is to provide uniform and efficient delivery of administrative support
services to the trial courts of the North Dakota judicial system.
Section 2. Administrative Council
Judges - Membership - Terms.
(a) The North Dakota Council of Presiding Judges is established in the North
(b) The Council of Presiding Judges consists of the presiding judge of each
judicial district and
the chief justice of the Supreme Court.
(c) The chief justice of the Supreme Court is the presiding officer of the
(d) To staff the Council of Presiding Judges, the chief justice of the Supreme
Court appoints a
director of trial court administration. Under the direction and control of the chief justice and
the state court administrator, the director of trial court administration supervises and directs
trial court and juvenile court administrative support staff, and performs other duties and
responsibilities as directed by the Council of Presiding Judges. The director of trial court
administration serves at the pleasure of the chief justice.
A. The Administrative Council consists of the Chief Justice, who serves as presiding
the Council; one justice of the Supreme Court elected by a vote of the justices; the presiding
judge of each judicial district; one district judge from each administrative unit with more
than one judicial district who is elected by vote of all district judges
and supreme court
justices of the state; and one member of the State Bar Association appointed by the
Justice from a list of three names submitted by the Board of Governors of the State Bar
Association of North Dakota.
B. Except for the Chief Justice and presiding judge members, of the members
elected or appointed and as determined by lot at the first meeting,
has a three-year term s, two members have two-year terms, and two members
one- year terms. Thereafter, each complete term is three years. Each such member
may be reelected or reappointed and, if not serves until the member's successor takes
office. In the event a member no longer serves as a justice of the Supreme Court,
district judge, or lawyer member of the association, that member is ineligible for
membership and a vacancy exists. Vacancies are filled in the same manner as the
affected membership is filled. Except for the Chief Justice and the presiding judge
of each judicial district, a member may not serve more than two successive terms.
A member appointed or elected to an unexpired term less than one-half the duration
of a regular term is eligible to serve two full successive terms.
C. Elections for the district judges from the administrative units shall be conducted by the State Court Administrator in a manner similar to Administrative Rule 2, subsection 4, with ballots due by July 20. Terms shall commence on August 1.
D. Each member is entitled to reimbursement at state rates for expenses incurred in attending Council meetings.
Section 3. Administrative Council Duties
The Council, with the approval of the chief justice, shall:
(a) Develop uniform administrative policies for the trial courts.
(b) Provide the administrative mechanism and authority to ensure the policies
(c) Review the biennial budget proposals of each judicial district.
(d) Prepare a proposed state-funded trial court component of the North
Dakota judicial system
budget for each biennium.
(e) Monitor trial court budget expenditures.
(f) Perform other duties and responsibilities as directed by the chief justice
and the Supreme
(g) Meet at least four times a year.
and ensure implementation of uniform administrative
procedures for the trial courts and juvenile courts and make recommendations for
B. Review the biennial budget proposals submitted by the trial court administrators for the respective administrative units.
C. Review and approve for submission to the Supreme Court a proposed trial court component of the unified judicial system budget for each biennium.
D. Monitor trial court budget expenditures.
E. Perform other duties
and responsibilities as directed by the
Chief Justice or the
Section 4. Administrative Council Operation.
A. A quorum of the Council is necessary for the Council to take any action. The affirmative vote of a majority of the Council's members present, and the approval of the Chief Justice, is required for final Council action. The Council shall meet at least quarterly.
Before adopting or modifying Any proposed Judicial Branch
or procedure, the policy or procedure must be distributed to all trial court
affected personnel for comment. Comments must be received within 30 days after
distribution of the proposal. If the proposal requires expedited action, the Council
may provide for a shorter comment period or may adopt the policy or
an emergency basis subject to comment and final action of the Council.
C. The Office of State Court Administrator serves as the secretariat for the Council and assists in arranging meetings, providing meeting minutes, distributing Council proposals for comment, and providing other assistance as required by the Council.
4. 5. Effective Date.
This rule is effective August 1, 2004, with the exception of Section 2.C., which is effective July 1, 2004.
Dated this 8th day of March, 2004.
SOURCE: Council of Presiding Judges, Minutes of July 15, 1994.
[Adopted effective July 1, 1984; amended effective January 1, 1995; amended effective August 1, 2004.]