LOCAL RULE 91-1. AUTOMATIC AND ALTERNATIVE CASE ASSIGNMENT PROCEDURE

Obsolete Date: 12/23/1998

1. Purpose.This local court rule is established pursuant to AR 2(8) and (9) and the North Dakota Rule on Local Court Procedural Rules of the North Dakota Supreme Court to provide a district-wide procedure for automatic assignment of cases and reassignment of cases in the event a recusal is filed by or a demand for change of judge is filed against the pre iding judge of the Southeast Judicial District.

Procedure.

A. Automatic Assignment. The clerks of district court in the Southeast Judicial District shall assign a district judge to all cases filed in district court as follows:

(1) In Barnes County, the district judge chambered in Valley City, except for civil jury cases which shall be assigned pursuant to the Order Assigning Terms of Court dated May 17, 1993.

(2) In Dickey County, the county judge chambered in Ellendale, pursuant to the Order dated April 20, 1993, assigning all Dickey County district court cases to Judge Ronald E. Goodman.

(3) In Eddy County, the county judge chambered in New Rockford, pursuant to the Order dated April 20, 1993, assigning all Eddy County district court cases to Judge James M. Bekken.

(4) In Foster County, the county judge chambered in New Rockford, pursuant to the Order dated April 20, 1993, assigning all Foster County district court cases to Judge James M. Bekken.

(5) In LaMoure County, the county judge chambered in Ellendale, pursuant to the Order dated April 20, 1993, assigning all LaMoure County district court cases to Judge Ronald E. Goodman.

(6) In Ransom County, the county judge chambered in Lisbon, pursuant to the Order dated April 20, 1993, assigning all Ransom County district court cases to Judge Lowell O. Tjon.

(7) In Richland County, the district judge chambered in Wahpeton, except for civil jury cases which shall be assigned pursuant to the Order Assigning Terms of Court dated May 17, 1993.

(8) In Sargent County, the county judge chambered in Lisbon, pursuant to the Order dated April 20, 1993, assigning all Sargent County district court cases to Judge Lowell O. Tjon.

(9) In Stutsman County, the district judge chambered in Jamestown, except for civil jury cases which shall be assigned pursuant to the Order Assigning Terms of Court dated May 17, 1993.

(10) In Wells County, the county judge chambered in New Rockford, pursuant to the Order dated July 1, 1993, assigning all Wells County district court cases to Judge James M. Bekken.

B. Alternative Assignment. If the presiding judge has filed a recusal, or if a demand for change of judge is filed against the presiding judge, the clerk of district court in the county of venue shall refer the case to the district court administrator for referral to the designated acting presiding judge appointed pursuant to AR 2(4)for reassignment of the case among the district judges of the district, unless a recusal or demand for change of judge has previously been filed in the same case against the designated acting presiding judge, in which case the district court administrator shall refer the case to the alternate designated acting presiding judge of the district for reassignment.

Following referral to the acting presiding judge, if in the same case the acting presiding judge files a recusal or a demand for change of judge is filed against the acting presiding judge, the clerk of the district court in the county of venue shall refer the case to the district court administrator for referral to the alternate designated acting presiding judge of the district for reassignment.

If no presiding judge, acting presiding judge or alternate acting presiding judge within the district is able to make a reassignment, the district court administrator shall refer the case to the clerk of the supreme court for reassignment by the chief justice.

3. Effective Date. This local court rule shall become effective on the date of approval by the supreme court pursuant to AR2(8) and (9)and shall continue in effect for five years thereafter pursuant to ND Local Ct R 10.1.

[Approved by Supreme Court November 3, 1993.]

CROSS REFERENCE: See Effective Term of Local Court Rule, 10, ND Local Ct R.