North Dakota Supreme Court
Judiciary Standards Committee
600 E Boulevard Ave Dept 180
Bismarck, ND 58505-0530
Brian Neugebauer, Chair
November 26, 2004
Re: Proposed Amendments to Administrative Rule 48 - Judicial Improvement Program
Dear Chief Justice VandeWalle:
The Judiciary Standards Committee recently reviewed draft amendments to Administrative Rule 48 governing the Judicial Improvement Program. The amendments, forwarded by the Supreme Court to the Committee by letter from Penny Miller, were initially submitted to the Supreme Court by Ted Gladden, State Court Administrator. The amendments would include judicial referees among the judicial officers that must participate in the judicial improvement program.
Administrative Rule 48 presently provides for optional participation by judicial referees in the judicial improvement program. The Judiciary Standards Committee took that approach in devising the rule because of the concern that the program not be too broadly focused at the outset. The improvement program recently completed its first round of surveys and the process appears to have worked quite well. Committee members concluded there is no reason why judicial referees should not now be included in the improvement program process.
The proposed amendments to Administrative Rule 48 would include application to judicial referees by providing a definition of "judicial officer" for purposes of the rule which would include judicial referees. Thereafter, the rule's provision's would refer where appropriate to "judicial officer", rather than to "judge". The proposed amendment to Section 4 would require judicial referees to participate in the survey process during each four year period following the referee's appointment. There are other technical, conforming amendments that intend no substantive change.
The Judiciary Standards Committee voted unanimously to submit the proposed amendments to Administrative Rule 48 to the Supreme Court for its consideration. If I can be of any assistance in the Supreme Court's review of the proposed amendments, please do not hesitate to contact me.
Sincerely,
Brian Neugebauer, Chair
Judiciary Standards Committee
BN/cs
Attachment
cc: Jim Ganje