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Administrative Rule 11 - AUTHORITY AND APPOINTMENT OF THE CHIEF JUSTICE

Effective Date: 11/5/2019

1. The Chief Justice shall exercise all administrative authority of the Chief Justice pursuant to Sections 3 and 11 of Article VI of the North Dakota Constitution.

2. The Chief Justice may exercise authority concurrent with and shall have supervision over the Clerk of the Supreme Court in all matters pursuant to N.D. Sup. Ct. Admin. R. 5.

3. The Chief Justice shall sign and execute on behalf of the Supreme Court any order directed to be entered by the Court.

4. The Chief Justice may designate any Justice or Justices of the Supreme Court as Administrative Justice or Justices to act in the absence, disqualification, or at the direction of the Chief Justice. An Administrative Justice, in the absence, disqualification, or at the direction of the Chief Justice, shall have the administrative authority of the Chief Justice.

5. The Chief Justice shall designate a presiding judge, elected under N.D. Sup. Ct. Admin. R. 2, who shall have the administrative authority of the Chief Justice in the event the Chief Justice and all the Justices of the Supreme Court are incapacitated and unable to act. In the event the designee is incapacitated, the district judge with the longest service as a district judge shall have the administrative authority of the Chief Justice.

6. The Chief Justice is appointed by the Justices of the Supreme Court and the district judges of all judicial districts in accordance with sections 7 and 8. Vacancies in the office of Chief Justice are filled for the remainder of the term by vote as prescribed in this rule. Appointment results must be sent to all Justices and district judges by e-mail and posted on the Supreme Court website.

7. The Chief Justice will be appointed for a term of five years or until that Justice’s term expires, whichever shall first occur beginning January 1. A Justice desiring to be included on the ballot must notify the State Court Administrator in writing before November 7 of the year the vote is to be taken. Ballots will be sent by the State Court Administrator to each Justice and every district judge of every judicial district. Upon receiving the ballot, each Justice or district judge will mark one choice for Chief Justice and return it for receipt by the State Court Administrator by November 18. Upon receipt of the ballots, the State Court Administrator will, through consultation with the Chief Justice, set a place, date, and time of opening and notify all Justices and district judges of the place, date, and time of opening. The Chief Justice, and any other interested person, may be present at the ballot count. The candidate with a majority of the votes cast will be declared the winner. If no candidate receives a majority of the votes cast, reballoting will take place with only the top two candidates remaining in contention. For reballoting, the State Court Administrator shall within five days after the prior vote count send new ballots to each Justice and every district judge of each judicial district. Upon receiving the ballot, each Justice or district judge will mark one choice for Chief Justice and return it for receipt by the State Court Administrator within 10 days after the State Court Administrator sent the ballot.

8. The following instructions will be provided with each ballot: “Along with these instructions you should have one ballot with the names of all Justices of the Supreme Court who have asked to have their names included on the ballot, one envelope marked ‘Chief Justice Ballot--Inner Envelope’ and one pre-addressed outer envelope. Mark with an ‘x’ in front of your one choice for Chief Justice, seal your ballot in the inner envelope provided and place this in the outer pre-addressed envelope provided and return it to the court administrator for receipt by the deadline provided in Administrative Rule 11, section 7. Additional appointment information can be found in North Dakota Supreme Court Administrative Rule 11.”

SOURCE: N.D. Const., Art. VI, Sec. 3 and 11; N.D.C.C. § 27-02-01; AR 11 Emergency Rule Adopted January 24, 1980; Permanent Rule Adopted March 4, 1980; amended effective November 5, 2019.

Effective Date Obsolete Date
11/05/2019 View
12/04/2006 11/05/2019 View
03/14/1985 12/04/2006 View