TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: December 31, 2014
RE: Rule 13, N.D. Sup. Ct. Admin. R., Judicial Referees
At the April 2014 meeting, the committee approved proposed amendments to Admin. Rule 13 that would have eliminated the district judge review procedure for referee decisions. The Supreme Court considered this proposal and decided to send it back to the committee for further study and discussion. The Court's referral letter is attached.
The Court requested that additional information be gathered on referee review. Staff has contacted the State Court Administrator and requested that information be gathered to answer the following questions posed by the Court:
In how many referee cases is review by a district judge requested?
When review is requested in a referee case, how often are those cases sent back to the referee for changes or otherwise changed by the district judge after review?
When review is requested in a referee case, how often are those cases then appealed after review?
How many referee cases are appealed directly to the Court, without district judge review?
The committee may wish to discuss whether it wants the Court Administrator to gather information on any additional questions related to referee review.
The Court did approve one of the committee's amendments to the rule and it made an amendment to the explanatory note on its own. A copy of the adopted amendments to Admin. Rule 13, which take effect March 1, is attached.