Administrative Rule 17 - RULE RELATING TO DISTRICT JUDGE AND MUNICIPAL JUDGE SELF-DISQUALIFICATION PROCEDURE

Effective Date: 3/1/2012

1. Whenever a district judge or municipal judge for whom an alternate judge has not been appointed pursuant to statute determines, for any reason, that it is inappropriate to preside in an assigned case, the judge shall refer the case to the presiding judge of the judicial district for reassignment.

2. If a presiding judge determines, for any reason, that it is inappropriate for the presiding judge to preside in an assigned case, the presiding judge shall refer the case to the Clerk of the Supreme Court for reassignment by the Chief Justice.

3. If the presiding judge is unable to make an appropriate assignment from among the judges within the judicial district, the presiding judge shall refer the case to the Clerk of the Supreme Court for reassignment by the Chief Justice.

4. Reassignment of a judge from out of the district may include consideration of the following factors:

a. whether reassignment in the same administrative unit as the district of venue is appropriate;
b. whether reassignment to a district geographically contiguous to the administrative unit where the case is venued is appropriate;
c. the most recent weighted caseload study; and
d. other relevant factors in the exercise of the constitutional authority of the Chief Justice to assign judges for temporary duty in any court or district.

Dated this 18th day of January, 2012, with amendments, effective March 1, 2012.

Gerald W. VandeWalle, Chief Justice
Dale V. Sandstrom, Justice
Mary Muehlen Maring, Justice
Carol Ronning Kapsner, Justice
Daniel J. Crothers, Justice

ATTEST:
Penny Miller, Clerk
North Dakota Supreme Court

[Adopted effective July 1, 1982 and January 1, 1983; amended effective January 1, 1995; March 1, 2012.]

Effective Date Obsolete Date
03/01/2012 View
01/01/1995 03/01/2012 View