Administrative Order 22 - REVIEW OF GUARDIANSHIPS - PROCESS
Section 1. Purpose.
This order implements N.D.C.C. § 30.1-28-04(5), which requires the Supreme Court to provide by
rule or order for the regular review of guardianships in existence on August 1, 2015, The review is
the antecedent corollary of the prospective regular review of guardianships established on or after
August 1, 2015, for purposes of ensuring that the best interests of the ward are adequately served by
guardianships established by the courts.
Section 2. Identification of Guardianship Cases.
The State Court Administrator, in coordination with the Director of the Information Technology
Department, shall identify active guardianships in existence on August 1, 2015, in each judicial
district. The State Court Administrator shall notify each unit trial court administrator of
guardianships established in the respective judicial districts.
Section 3. Implementation of Review.
Each unit trial court administrator, in consultation with the presiding judge of each judicial district
in the administrative unit, shall establish a process of case assignment and review of guardianships
in existence on August 1, 2015, in each judicial district. The process must consider judicial
workload, availability of judges, hearing schedules, the age of guardianship cases, and other relevant
factors to ensure the orderly review of existing guardianships. The following elements must be
included in the review process:
A. Reviews of guardianships in existence on August 1, 2015, must be completed within
B. At least twenty percent of existing guardianships must be reviewed each year.
C. Reviews must begin with the earliest established guardianships and proceed to
review of later established guardianships.
Section 4. Review Result.
Following review of each guardianship, the court shall determine whether the existing guardianship
shall be continued, a new guardian appointed, or the guardianship terminated.
Section 5. Effective Date.
This order is effective March 1, 2016.
The Supreme Court of the State of North Dakota convened the 28th day of January, 2016,
with the Honorable Gerald W. VandeWalle, Chief Justice, and the Honorable Dale V. Sandstrom,
the Honorable Carol Ronning Kapsner, the Honorable Daniel J. Crothers and the Honorable Lisa Fair
McEvers, Justices, directing the Clerk of the Supreme Court to enter the above order.
Penny Miller Clerk North Dakota Supreme Court
Under this order, the review process remains in effect until August 1, 2020.
The State Court Administrator shall annually provide a summary of the disposition of cases reviewed
under this process.