Under Article VI, Section 3, of the North Dakota Constitution, the Supreme Court has the
authority to adopt rules of procedure to be followed by all courts of the state, and to establish the
powers, duties, and qualifications of court officials. The Supreme Court has administrative
responsibility over all courts of the state and may establish rules to exercise that administrative
authority as it deems necessary or desirable (27–02–05.1, NDCC).
It is the intent of the North Dakota Judicial System to establish a mechanism for the
development of administrative policies and procedures which will define the mission of juvenile
court services consistent with 27–20–01, NDCC; to provide the administrative mechanism and
authority to ensure the implementation of the policies; and to ensure the full involvement of judges
and personnel of the North Dakota Judicial System in the development of such policies and
Section 2. Effect of Policies.
The administrative policies adopted by the Supreme Court pursuant to this rule govern the
actions of the juvenile courts and personnel of the juvenile courts in North Dakota.
Section 3. Membership.
The Juvenile Policy Board shall consist of three district judges appointed by North Dakota
Judges' Association, one district judge and one judicial referee appointed by the Administrative
Council, one district judge or supreme court justice appointed by the Chief Justice, one juvenile court
officer appointed by the Chief Justice from a list submitted by the Juvenile Court Association, and
one juvenile director appointed by the Chief Justice. Terms of the members shall be for a three-year
period and shall be staggered in such a manner to ensure that at least two members shall be up for
election or appointment annually. A member may not serve more than three consecutive terms. A
former member who served three consecutive terms is eligible for reappointment after a six-year
break in service. The Chief Justice may appoint members to fill vacancies which occur for an
unexpired term. The membership shall reflect the geographic and population diversities of the state
and no more than two judges may be from any one judicial district.
Section 4. Development of Long Term Planning for Delivery of Juvenile Court Services.
Prior to the end of the first fiscal year of each biennium, the Juvenile Policy Board shall
forward to the Supreme Court recommendations to update a continuing five-year plan for the
delivery of juvenile court services. The plan shall establish priority for the delivery of services,
identify program needs, recommend cooperative agreements with other state, local or private
agencies, and may recommend specific budget items to be included in the judicial system budget
Section 5. Establishment or Amendment of Juvenile Court Policies and Procedures.
A. The Juvenile Policy Board may recommend to the Supreme Court policies relating
to the operation of the juvenile court, pursuant to the following:
1. The policies shall be consistent with state law and court rules.
2. The operation of the juvenile court shall be defined to include:
e. workload standards;
f. training standards.
3. Any matter relating to pleadings, practice, or procedure including Appellate
Procedure, Rules of Evidence, Rules of Criminal Procedure, Rules of Civil
Procedure, or special rules of procedure for the conduct of formal juvenile
court hearings shall be forwarded to the Joint Procedure Committee, for its
consideration, approval and recommendation to the Supreme Court.
B. Operating Procedures.
The Juvenile Policy Board may issue operating procedures and guidelines to be
followed by the juvenile courts in implementing state law or administrative policies
which have been approved by the Supreme Court.
Before forwarding a recommended policy or adopting a procedure, the Juvenile
Policy Board will solicit comments by notifying all district court judges and
appropriate district court personnel of the proposed policy or procedure. The notice
shall be at least 4530 days prior
1) to forwarding the recommendation to the Supreme Court or the Joint
Procedure Committee, or
2) to adopting a procedure to implement state law or approved policy.
If it is determined that immediate action is required, the timeframe for comment may
be suspended and the recommended policy may be forwarded to the Supreme Court
along with the justification of expedited recommendation, or the procedure may be
adopted by the Juvenile Policy Board on an interim basis pending comment.
Section 6. Administration.
A. It is the intent of this rule to leave the direct supervision of juvenile court employees
at the district court level.
It is also the intent to assure the consistent delivery of programs and services through
the Policy Board and the State Juvenile Services Coordinator (or such other person
within the State Court Administrator's Office assigned the juvenile portfolio
regardless of title).
B. The State Juvenile Services Coordinator shall have the responsibility and authority
to assure implementation of policies as approved by the Supreme Court and
procedures approved by the Board. The coordinator will work with the juvenile
courts on a statewide basis and on an individual basis to assure implementation. The
Coordinator shall make recommendations and reports to the judges of the district, the
Policy Board, or the Supreme Court in matters relating to budget, staffing, personnel,
programs, performance and other related matters.
N.D. Sup. Ct. Admin. R.Rule 35 was adopted as an emergency rule effective June 24, 1992;
amended and readopted July 27, 1992; amended and readopted effective January 1, 1995; amended
effective April 1, 2006 (Supreme Court No. 20060059); amended effective August 15, 2007;
amended effective March 6, 2013; and amended effective April 1, 2014.
SOURCE: N.D. Const. art. VI, § 3; N.D.C.C. § 27–02–05.1; N.D.C.C. § 27–20–01. N.D. Sup. Ct.
Admin. R. adopted as an emergency rule effective June 24, 1992; amended and readopted July 27,
1992; amended and readopted effective January 1, 1995; amended effective April 1, 2006 (Supreme
Court No. 20060059); amended effective August 15, 2007; amended effective March 6, 2013;
amended effective April 1, 2014.