ADMINISTRATIVE ORDER 22 - REVIEW OF GUARDIANSHIPS - PROCESS
1 Section 1. Purpose. 2 This order implements N.D.C.C. § 30.1-28-04(5), which requires the 3 Supreme Court to provide by rule or order for the regular review of guardianships 4 in existence on August 1, 2015. The review is the antecedent corollary of the 5 prospective regular review of guardianships established on or after August 1, 2015, 6 for purposes of ensuring that the best interests of the ward are adequately served 7 by guardianships established by the courts.
8 Section 2. Identification of Guardianship Cases. 9 The State Court Administrator, in coordination with the Director of the 10 Information Technology Department, must identify active guardianships in 11 existence on August 1, 2015, in each judicial district. The State Court 12 Administrator must notify each unit trial court administrator of guardianships 13 established in the respective judicial districts.
14 Section 3. Implementation of Review. 15 Each unit trial court administrator, in consultation with the presiding judge 16 of each judicial district in the administrative unit, must establish a process of case 17 assignment and review of guardianships in existence on August 1, 2015, in each 18 judicial district. The process must consider judicial workload, availability of 19 judges, hearing schedules, the age of guardianship cases, and other relevant factors 20 to ensure the timely review of existing guardianships. The following elements 21 must be included in the review process: 22 (A) Reviews of guardianships in existence on August 1, 2015, must be 23 completed within five years. 24 (B) At least twenty percent of existing guardianships must be reviewed each 25 year. 26 (C) Reviews must begin with the earliest established guardianships and 27 proceed to review of later established guardianships.
28 Section 4. Review Result. 29 Following review of each guardianship, the court must determine whether 30 the existing guardianship will be continued, a new guardian appointed, or the 31 guardianship terminated. The court may reappoint the existing guardian or appoint 32 a new guardian for up to another five years.
33 Section 5.Effective Date. 34 This order is effective _____________ and remains in effect until further order of 35 the Court.
36 The Supreme Court of the State of North Dakota convened this ____ day of 37 _________, 2015, with the Honorable Gerald W. VandeWalle, Chief Justice, and the 38 Honorable Dale V. Sandstrom, the Honorable Carol Ronning Kapsner, the Honorable 39 Daniel J. Crothers, and the Honorable Lisa Fair McEvers, Justices, directing the Clerk of 40 the Supreme Court to enter the above order.
41 Penny Miller 42 Clerk 43 North Dakota Supreme Court