Administrative Rule 5 - POWERS AND DUTIES OF THE CLERK OF THE SUPREME COURT

Obsolete Date: 8/1/1997

Pursuant to Section 87 of the North Dakota Constitution, the Supreme Court of North Dakota promulgates the following Administrative Rule relating to the powers, duties, qualifications, and term of office of the Clerk of the Supreme Court:

I. The minimum qualifications of the Clerk of the Supreme Court shall be completion of four years of college or the equivalent in a court-related administrative position.

II. The Clerk of the Supreme Court shall be appointed by the Chief Justice with the approval of the justices of the Supreme Court to serve at the pleasure of the Court pursuant to Section 87 of the North Dakota Constitution.

III. The Clerk of the Supreme Court shall serve as Secretary-Treasurer of the State Bar Board as provided by Section 27-11-10 NDCC and shall serve as Secretary of the Disciplinary Board of the Supreme Court and as Secretary of the Judicial Qualifications Commission.

IV. Under the authority of the justices of the Supreme Court and the supervision of the Chief Justice or Administrative Justice, the Clerk of the Supreme Court shall have authority to:

A. employ and supervise such deputies, assistants and staff as may be necessary;

B. supervise the calendaring and assignment of cases, court records, statistical reporting and filing, distribution and publication of opinions of the Supreme Court;

C. serve as recording secretary for meetings of the justices;

D. serve as liaison with the public, members of the Bar, and the news media;

E. grant motions or applications for orders which are supported by stipulations signed by counsel for the respective parties consenting to the relief sought;

F. consider and determine motions and petitions seeking:

1. to file or extend the time for filing briefs, records on appeal, transcripts, pleadings and other papers provided for by the North Dakota Rules of Appellate Procedure; and to deny extensions of time for filing briefs in excess of thirty days;

2. to consolidate cases;

3. to file amicus curiae briefs;

4. to file briefs in excess of the prescribed number of pages;

5. to remand record to the trial court for purposes of preparation of the record;

6. to direct correction in record upon agreement of parties and/or court reporter;

7. to substitute parties;

8. to enlarge time for argument;

9. to appeal in forma pauperis;

10. to refer to the appropriate trial court requests for appointment of counsel for an indigent appellant;

11. to stay or recall a mandate;

12. to advance or continue cases for oral argument;

13. to assign a judge when a demand for change of judge is filed;

14. to rule on other purely procedural matters relating to any action, proceeding, or process in the Supreme Court preparatory to hearing or a decision on the merits.

Any person adversely affected by orders issued by the Clerk of the Supreme Court under Section F may request reconsideration, vacation or modification of such order pursuant to Rule 27(b) NDRAppP.

The Clerk of the Supreme Court shall perform other services and assume other responsibilities as the Chief Justice or Justices of the Supreme Court may direct.

The effective date of this rule is January 1, 1980.

Dated this 26th day of September, 1979.

Ralph J. Erickstad, Chief Justice
Wm. L. Paulson, Justice
Vernon R. Pederson, Justice
Paul M. Sand, Justice
Gerald W. VandeWalle

ATTEST:
Luella Dunn, Clerk
North Dakota Supreme Court

[Adopted effective January 1, 1980.]