SECTION 8. STANDING COMMITTEES ON RULES AND ORDERS
Effective Date: 4/1/2006
8.1 The following standing committees are established to provide continuing study and review of present rules and orders and to propose the adoption of new rules and the amendment or repeal of existing rules and orders for consideration by the Supreme Court. Each standing committee is responsible for the full extent of its area of jurisdiction.
(a) The Joint Procedure Committee shall study and review all rules of pleading, practice, and procedure, including:(b) The Judiciary Standards Committee shall study and review all rules for judiciary supervision including:(i) Rules of Appellate Procedure,
(ii) Specialized Court Proceeding Procedures,
(iii) Rules of Evidence,
(iv) Rules of Criminal Procedure,
(v) Rules of Civil Procedure,
(vi) Rules of Court of District Court, and
(vii) Procedural Rules of Lower Courts.(c) The Court Services Administration Committee shall study and review all rules and orders relating to the administrative supervision of the judicial system.(i) Judicial Discipline,
(ii) Judicial Code of Ethics, and
(iii) Judicial Nominating Committee.
The Supreme Court may establish other committees and jurisdictional responsibilities as circumstances warrant.
8.2 The membership of each committee is composed of one liaison member appointed by the Board of Governors of the State Bar Association of North Dakota and such non-liaison members as are appointed by the Chief Justice after consultation with the Supreme Court. Each member of a committee, including the liaison member, will serve for a term not to exceed three years and is eligible for reappointment. At the end of a non-liaison member's term a successor will be appointed by the Chief Justice and at the end of a liaison member's term a successor will be appointed by the Board of Governors of the State Bar Association of North Dakota. No member may serve more than three consecutive three-year terms. A former member who served three consecutive terms is eligible for reappointment after a six-year break in service. A member of the Joint Procedure Committee is not eligible for reappointment if the person is no longer practicing law full time, teaching law full time, or serving as a judge full time. The Chief Justice shall designate a chair for each committee from among its members.
8.3 Each committee shall be assigned appropriate staff assistance through the State Court Administrator.
8.4 Each committee shall make any reports as requested by the Chief Justice.
8.5 Any proposed rules or orders and amendments shall be submitted pursuant to the petition procedure of Section 3.
8.6 Each rule and order shall be reviewed by the appropriate Committee and its findings and recommendations reported to the Supreme Court at least once within a period of 10 years after the effective date for each rule and at least once within a period of five years after the effective date for each order.
[Amended on an emergency basis September 7, 1994; permanently adopted November 16, 1994; Section 8.2 amended November 15, 1995, subject to comment; permanently adopted January 17, 1996; Section 8.2 amended April 1, 2006.]
Comment (2006 Amendment)
The 2006 amendments to Sec. 8.2 establish term limits for committees operating under this rule. The intent of the amendments is that no member should serve more than three consecutive terms and that no member who has served three consecutive terms should be reappointed until after a six-year break in service.
Comment (1994 Amendment)
The 1994 amendments to Sec. 8.2 disestablish the Attorney Standards Committee. A Joint Attorney Standards Committee is established under Administrative Rule 38.
Comment (1984 Amendment)
In implementing the amendment (07/01/84) to Sec. 8.2 of this rule it is the intent that vacancies of attorney members of the Attorney Standards Committee would be filled by SBAND nomination until the one-third membership requirement of the proposal is met. The membership of each of the other committees should remain as now and any attorney vacancy should be filled by SBAND appointment to meet the proposed liaison member proposal.
Comment (1982 Amendment)
Section 8(b) Amendment (07/01/82) deleted Mandatory Continuing Legal Education and added subdivision (v).
Cross Reference
Comment (Original Rule)
The Rules Subcommittee expects that the Chief Justice will choose representatives of agencies, such as the Judicial Council, the Legislative Council, the Board of Law Examiners, the Judicial Qualifications Commission, the State Bar Association of North Dakota, the Disciplinary Board, the Law School at the University of North Dakota, the North Dakota State's Attorneys Association, and the various associations of judicial officials and court support personnel for membership on the appropriate standing committees. The Committee expects that the Chief Justice will consult with those agencies in the selection of members of the standing committees and their chairpersons.
Items listed in Section 8.1(a), (b), and (c) are intended to provide an initial indication of the scope of the jurisdiction of each committee and do not imply any determination or recommendation regarding the desirability of the retention of any particular rule or set of rules.
The Rules Subcommittee stresses the substantial importance of limiting the size of standing committees as much as possible and of providing by committee rules for a quorum for the transaction of business.