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