Obsolete Date: 8/1/2009
The 1979 Legislative Assembly provided for the appointment of temporary judges in Chapter 27-24, NDCC (Chapter 367, S.L. 1979). Pursuant to Section 27-24-01(2), NDCC, the Supreme Court hereby adopts the following administrative rule for the appointment of temporary judges.
Section 1. Creation of Statewide List of Temporary Judge Candidates.
a. The presiding judge, acting in conjunction with the local advisory committee of each judicial district, shall nominate persons eligible under Section 27-24-01, NDCC, as candidates for temporary judge. It is recommended that at least two nominations be made from each judicial district.
b. The presiding judge shall submit the nominations to the State Court Administrator, who shall keep the statewide list of all nominations. The Supreme Court may make additional nominations on its own motion.
c. Each nominee shall sign a statement of eligibility, qualifications, consent to accept appointment as temporary judge during a period of two years, and indicate willingness to attend training sessions as provided by the State Court Administrator. The statement must accompany the nomination.
d. The first statewide list of candidates must be established no later than 90 days after the effective date of this rule. The candidates will be available for appointment during a period of two years commencing on the date the list is established.
e. The persons on the first statewide list shall serve terms as initially determined by lot, one-half of the candidates to serve for one year and one-half to serve for two years. Except for nominations made by the Supreme Court, at the end of a candidate's term, or in the event of the death or resignation of a candidate, the presiding judge shall submit names of additional candidate(s) to the State Court Administrator, who shall incorporate the candidates' names in the statewide list.
Section 2. Determination of Need for Temporary Judge.
Need for the appointment of a temporary judge shall be determined by the Supreme Court upon recommendation of the presiding judge of a judicial district to the Chief Justice, or by the Supreme Court on its own motion. Need is established when the appointment is found to be reasonably necessary to the efficient administration of justice.
Section 3. Appointment of Temporary Judge.
a. When a determination has been made that there is a need for a temporary judge, the Supreme Court shall select a candidate from the statewide list and issue an order appointing the candidate to serve as temporary judge. A candidate shall not be appointed to serve as temporary judge in the judicial district of the candidate's residence or principal practice.
b. Pursuant to Section 27-24-01, NDCC, the appointment shall be made for not more than 30 days. Except under unusual circumstances, no person shall be appointed to more than two 30-day terms during a consecutive two-year period.
Section 4. Retention of Assigned Matters Beyond Period of Appointment.
a. If the temporary judge has made a determination on an issue of law or fact that would substantially affect the final disposition of the matter or case, the jurisdiction shall continue beyond the expiration of the appointment pursuant to Section 27-24-03(1), NDCC, otherwise the case shall be reassigned by the presiding judge.
b. In divorce and child custody cases jurisdiction shall not continue beyond the period of appointment except as provided in subsection a of this section.
Section 5. Assignment of Cases to Temporary Judge.
In assigning cases to the temporary judge, the presiding judge to the extent appropriate, shall assign matters likely to be of relatively short duration and avoid assigning matters likely to involve substantial periods of time beyond the duration of the appointment.
Section 6. State Court Administrator Assistance.
a. The State Court Administrator shall provide assistance to the presiding judge and the temporary judge regarding compensation, expenses and other matters relating to the service of the temporary judge.
b. The State Court Administrator may provide training sessions and shall furnish instructive materials to temporary judges.
Dated at Bismarck, North Dakota, this 15th day of May 1980.
Ralph J. Erickstad, Chief Justice
Wm. L. Paulson, Justice
Vernon R. Pederson, Justice
Paul M. Sand, Justice
Gerald W. VandeWalle, Justice
Clerk of the Supreme Court
[Adopted effective July 1, 1980.]