N.D.R. Lawyer Discipl.RULE 2.1. THE DISCIPLINARY BOARD.
1 A. Appointment. The board consists of one lawyer member from each
2 judicial district of North Dakota, and three public members from the state at
3 large. Board members each serve for a term of three years and until a successor is
4 appointed and qualifies. Terms must be staggered so that no more than three
5 lawyer members and one public member are appointed for full three-year terms in
6 any one year. Except when filling an unexpired term, a member may not serve for
7 more than two consecutive three-year terms. Past members may serve on hearing
8 bodies. Vacancies must be filled by appointment by the court.
9 B. Nominations. Each lawyer member is appointed by the court from a list
10 of three practicing lawyers submitted by the association's governing board. Each
11 public member is appointed by the court from a list of three nominees submitted by
12 a committee consisting of the president of the association, the attorney general, and
13 the chair of the judicial conference. If a lawyer member or public member is
14 nominated for reappointment, a list of nominees is not required unless requested by
15 the court.
16 C. Election of Officers. At the first meeting of the board in each calendar
17 year, the members of the board shall elect a chair and vice-chair. The chair, and in
18 the chair's absence the vice-chair, performs the duties normally associated with
19 that office and presides over all meetings of the full board.
20 D. Secretary. The clerk of the court is the ex officio secretary of the board.
21 The secretary shall maintain permanent records of disability and discipline matters,
22 subject to the expunction requirements of these rules, and compile statistics to aid
23 in the administration of the system, including a single log of all complaints
24 received, investigative files, statistical summaries of docket processing and case
25 dispositions, transcripts of all proceedings (or the reporter's notes if not
26 transcribed), and other records as the board or the court requires to be maintained.
27 Counsel appointed under these rules shall cooperate with the secretary, and assist
28 the secretary in the performance of the obligations of that office. The secretary
29 may, with the board's approval, delegate recordkeeping obligations to counsel to
30 avoid duplication and promote efficiency.
31 E. Quorum. Six members are a quorum.The board may act only with the
32 concurrence of a majority of the entire board except as to administrative matters,
33 which only require a simple majority of a quorum.
34 F. Compensation. Members receive no compensation for their services, but
35 are reimbursed for reasonable and necessary expenses incurred in the performance
36 of their duties. The salaries of counsel and staff, their expenses, administrative
37 costs, and the expenses of the members of the board and of hearing panels are paid
38 out of funds deposited or dedicated for those purposes.
39 G. Abstention. A board member shall refrain from taking part in any
40 proceedings in which a judge, similarly situated, would be required to abstain.
41 H. Powers and Duties. The board shall:
42 (1) Upon receiving an appeal of a district inquiry
43 disposition, approve, modify or disapprove the disposition, or remand to the
44 district inquiry
Committee committee for further proceedings;
45 (2) Conduct hearings through a hearing panel on formal charges of
46 misconduct, petitions for reinstatement, and petitions for transfer to and from
47 disability inactive or incapacitated status;
48 (3) Inform the public about the existence and operation of the disability and
49 disciplinary system, the disposition of each matter in which public discipline has
50 been imposed, when a lawyer has been transferred to or from disability inactive or
51 incapacitated status, or when a lawyer has been reinstated or readmitted;
52 (4) Delegate, in its discretion, to the chair or vice-chair power to act for the
53 board on administrative and procedural matters;
54 (5) Annually review the operation of the disability and disciplinary system
55 with the court, counsel, and district inquiry committees; and
56 (6) Propose amendments to these rules for adoption by the court.
57 [Adopted effective January 1, 1995; amended on an emergency basis
58 effective July 16, 1998; adopted on a final basis effective September 8, 1998;
59 amended effective November 15, 1998; amended effective July 1, 1999; amended
60 effective January 1, 2014; amended effective March 1, 2017.]