Administrative Rule 32 - NORTH DAKOTA JUDICIAL PERFORMANCE EVALUATION COMMISSION RULES [Terminated 8-3-93 under Rule 8, Sunset Provision]

RULE 1. POLICY.

Pursuant to the recommendation and request of the Judiciary Standards Committee, it is the policy of the North Dakota Judicial System to provide a pilot program for a process for the evaluation of judicial performance for the self-improvement of individual judges and the judiciary as a whole, and to improve the design and content of continuing legal education programs.

RULE 2. APPLICABILITY.

This Rule shall apply to all Justices of the Supreme Court, Judges of District Court, and Judges of County Court of this State included in the pilot program, except that any judge may at any time elect in writing not to participate in the pilot program. This Rule shall not apply to Judges of the Court of Appeals or Judges of Municipal Court.

RULE 3. NORTH DAKOTA JUDICIAL PERFORMANCE EVALUATION COMMISSION.

(a) There is established within the North Dakota Judicial System, the North Dakota Judicial Performance Evaluation Commission, consisting of seven members. One member shall represent District Court Judges and shall be appointed by the president of the North Dakota District Court Judges Association. One member shall represent County Court Judges and shall be appointed by the president of the North Dakota County Court Judges Association. One member shall represent the Supreme Court Justices and shall be appointed by the Chief Justice, after consultation with the Supreme Court. One member shall represent the Bar and shall be appointed by the Board of Governors of the State Bar Association of North Dakota. One member shall represent local government and shall be appointed by the president of the North Dakota Association of Counties.Two members shall represent the public and may be appointed by the Governor of North Dakota or, in the event the Governor declines to make an appointment, by the Chief Justice, in consultation with the Supreme Court. The Commission shall elect a chairperson.

(b) Members of the Commission shall serve without compensation for their services, but are entitled to reimbursement for their actual expenses incurred in the performance of their duties from funds available.

(c) Of the members initially appointed, as determined by lot, two shall be appointed for one year, two for two years, and three for three years. Thereafter, each appointment shall be for a three-year term.

(d) No member shall serve more than two successive three-year terms. Each member shall serve until the member's successor is appointed.

(e) Staff services shall be provided through the cooperation of the University of North Dakota Law School.

RULE 4. DUTIES OF THE COMMISSION.

The Commission, as may be appropriate, shall:

(a) provide planning, suggestions, consultation, and assistance to individual judges in improving judicial services;

(b) adopt guidelines regarding judicial performance evaluation including:

(1) Standards for evaluation of judicial performance. No evaluation relative to a standard shall be implemented unless the standard has been adopted by the Commission and has been in effect for one year;

(2) Criteria, timing, and methodology for a fair, accurate, and reliable measure of an individual judge's or justice's performance;

(3) Rules for the procedures for time, place and manner of public disclosure of the results of the judicial performance evaluations;

(4) Communication of collected evaluation data results to individual judges; and

(5) Recommendations for the improvement of the design and content of judicial education programs, with appropriate reference to the American Bar Association Guidelines for Evaluation of Judicial Performance (August, 1985).

(c) prepare and submit to the Chief Justice an annual report on or before February 1 of each year;

(d) prepare a recommended biennial budget for the Commission for submission to the Legislative Assembly within the judicial branch budget;

(e) monitor the experience and research regarding judicial performance evaluation programs in other states; and

(f) adopt rules for the operation of the Commission which are not inconsistent with these Rules;

The Commission shall provide appropriate open hearings, when adopting the guidelines of Rule 4(b).

RULE 5. CONFIDENTIALITY.

The identity of any persons responding to questionnaires or otherwise requested to furnish evaluation information shall be kept confidential.

RULE 6. CITATION.

The North Dakota Judicial Performance Evaluation Commission may be cited NDJPEC.

RULE 7. EFFECTIVE DATE.

These Rules shall take effect on September 17, 1990.

RULE 8. SUNSET PROVISION.

These Rules shall terminate on August 30, 1993.

Dated this 5th day of September, 1990.

Ralph J. Erickstad, Chief Justice
Gerald W. VandeWalle, Justice
H. F. Gierke III, Justice
Herbert L. Meschke, Justice
Beryl J. Levine, Justice

ATTEST:
Penny Miller
Deputy Clerk

SOURCE: June 1, 1990, minutes of the Judiciary Standards Committee; May 10 and May 24, 1990, minutes of the Judicial Performance Evaluation Study Subcommittee; AR 32 adopted September 5, 1990, to be effective September 17, 1990.