Obsolete Date: 1/1/2014
Section 1. Authority and Purpose.
In accordance with Article VI, Section 3, of the North Dakota Constitution, the Supreme Court adopts this rule providing for administrative units and defining the role of trial court administrators.
Section 2. Administrative Units — Establishment.
- A. To provide consistent, effective, and efficient administrative support services to the district courts, the state is divided into four administrative units. The administrative units consist of existing judicial districts.
B. The administrative units are:
1. Unit 1 consisting of the Northeast and Northeast Central judicial districts.
2. Unit 2 consisting of the Southeast and East Central judicial districts.
3. Unit 3 consisting of the South Central and Southwest judicial districts.
4. Unit 4 consisting of the Northwest judicial district.
Section 3. Trial Court Administrator — Position, Duties, and Responsibilities.
Trial court administrators assist the State Court Administrator and the judges in the administrative unit in ensuring uniform and consistent implementation of Judicial Branch policies and procedures.
A. Trial court administrators are hired by the presiding judges and the State Court Administrator. Qualifications of the trial court administrator are established by Supreme Court policy.
B. Trial court administrators are supervised by the State Court Administrator.
C. The duties and responsibilities of each trial court administrator include:
1. Implementing and ensuring compliance with the policies and procedures adopted by the Judicial Branch and ensuring compliance with all applicable rules and policies adopted by the Supreme Court.
2. Implementing and ensuring compliance with policies and procedures adopted by the judges in the administrative unit which are not inconsistent with Judicial Branch policies and procedures.
3. With the exception of judicial referees, law clerks, court reporters, and secretaries to judges, hiring and supervising all trial court personnel in the administrative unit, including state-employed clerks of court, juvenile court personnel, and calendar control clerks.
4. Monitoring compliance with personnel-related policies and providing interpretation of policies to trial court personnel.
5. If supervisory authority is delegated to the trial court administrator by the presiding judge, supervising judicial referees, law clerks, court reporters, and secretaries to judges hired by the presiding judge of the judicial district.
6. Developing work plans to ensure efficient use of administrative personnel.
7. Assigning subordinate personnel to other locations within the administrative unit in accordance with Judicial Branch staffing.
8. Providing regular reports to the Council on the state of the district courts within the administrative unit, including fiscal management, case management, jury management, juvenile court services, indigent defense services, facilities, and personnel and records management.
9. In consultation with the presiding judges of the administrative unit, preparing a budget for the unit each biennium.
10. Performing duties or responsibilities as may be directed by the State Court Administrator.
11. Performing such other non-conflicting duties or responsibilities as may be directed by the presiding judges of the judicial districts within the administrative unit.
D. The trial court administrator may delegate supervisory or other authority to assistants or local administrative personnel as considered appropriate or necessary.
E. The trial court administrator shall oversee the provision of administrative support services throughout the administrative unit for which the administrator is responsible.
Section 4. Effective Date.
The effective date of this rule is August 1, 2004.
Dated at Bismarck, North Dakota, March 8, 2004.
Gerald W. VandeWalle, Chief Justice
William A. Neumann, Justice
Mary Muehlen Maring, Justice
Carol Ronning Kapsner, Justice
I dissent. The "judicial reorganization plan" reflected in these rule changes received extensive public comment. Almost all of those who commented, including the Board of Governors of the State Bar Association and most of the district judges, objected to the plan. Although some of the objections may have been met by changes to the plan, it appears most have not.
I would make implementation of the rule changes subject to approval of the North Dakota Judicial Conference.
Dale V. Sandstrom, Justice
Penny Miller, Clerk
SOURCE: Administrative Reorganization of the Judicial System, Supreme Court No. 20030098.
[Adopted effective August 1, 2004.]