TO: Chief Justice Gerald W. VandeWalle
FROM: Sally Holewa
DATE: June 11, 2007
SUBJECT: AR 20 - Magistrates
At the May 23, 2007 Administrative Council meeting, I asked for clarification regarding the
procedures used in regard to the appointment and removal of magistrates.
Although N.D. Sup. Ct. Admin. R. 20 does not require it, under the former Council of Presiding
Judges, there was an informal agreement that the presiding judge will notify the Office of the State
Court Administrator when a new magistrate is appointed. The Administrative Council agreed that
it was beneficial to have data on magistrates located in a central office.
We also discussed whether appointments made under a presiding judge remain valid when a new
presiding judge is elected. Although N.D. Sup. Ct. Admin. R. 20 is not specific on this point, it is
specific on removal from office. Since removal from office requires a written notification by the
presiding judge, it can be assumed that an appointment does not terminate upon a change of
presiding judge. Therefore, a new appointment order is not required when there is a change in
Jim Ganje has drafted the attached proposed amendment to N.D. Sup. Ct. Admin. R. 20. I believe
it is consistent with the discussions and the intention of the Administrative Council.