RULE 23.1. SPECIAL SUPREME COURT

A. In instances relating to alleged criminal conduct, professional misconduct, incapacity, or disability of a justice of the supreme court, a special supreme court shall be constituted to sit in place of the supreme court.

B. The court shall be constituted upon the notification of pending criminal prosecution against a justice; the submission, by the office of disciplinary counsel, of an application for interim suspension of a justice; or the filing of a formal petition alleging misconduct, incapacity, or disability of a justice.

C. The special supreme court shall consist of the five (5) longest serving,currently active, presiding judges of the North Dakota district courts.Appointments will be subject to the same recusal parameters set forth in theCode of Judicial Conduct. In the event of a recusal, the next senior mostpresiding judge shall be appointed. In the event no presiding judge is able toserve, the most senior judge shall be appointed.