North Dakota Judicial Job Performance Guide

This guide provides a means of measuring the performance of a justice or judgeby identifying relevant criteria essential to performing the responsibilities. Thisperformance guide is only to be used in determining whether a justice or judgeis incapacitated.

Justice’s and Judge’s Role and Responsibility Within North Dakota’sUnified System

Under Article VI, § 1 of the North Dakota Constitution, "judicial power of thestate is vested in a unified judicial system consisting of a supreme court, adistrict court, and such other courts as may be provided by law."

A supreme court justice serves as one of five justices embodying the highestcourt. N.D. Const. art. VI, § 2. The supreme court has appellate and originaljurisdiction with the authority to review district court decisions and to issue, hear,and determine original and remedial writs as necessary to exercise itsjurisdiction. N.D. Const. art. VI, § 2. The supreme court has authority topromulgate rules and regulations for the admission to practice, conduct,disciplining, and disbarment of attorneys at law. N.D. Const. art. VI, § 3.

A district court judge serves in judicial districts divided and organized bysupreme court order. N.D. Const. art. VI, § 9. The district court has originaljurisdiction of all causes, except as otherwise provided by law, and hasappellate jurisdiction as provided by law or supreme court rule. The district courthas authority to issue writs as necessary to exercise its jurisdiction. N.D. Const.art. VI, § 8.

The North Dakota Constitution requires that a judge be a citizen of the UnitedStates and a resident of North Dakota who is learned in the law and possessesadditional qualifications prescribed by law.

To effectuate the supreme court’s and district courts’ exercise and fulfillment of its constitutional and statutory mandates, justices and judges necessarily must perform at a reasonable level of professionalism, ability, skill, and endurance. 

Minimum Performance Criteria 

Below are benchmark minimum performance criteria a justice or judge should possess. The criteria are categorized by legal ability, integrity and impartiality, communication skills, administrative performance, procedural fairness, and physical and mental ability. A justice and judge should demonstrate a: 

A. Reasonable degree of legal ability, including:

(1) Possessing knowledge of substantive law;

(2) Possessing knowledge of rules of procedure and evidence;

(3) Comprehending briefs, court records, and other documents as necessary to exercise the court’s trial, appellate, or original jurisdiction;

(4) Hearing, reading, and comprehending arguments presented by parties;

(5) Researching, interpreting, and applying laws, regulations, and precedent to make informed and principled decisions resolving matters before the court;

(6) Participating in professional education and training; and

(7) Keeping current on developments in law, procedure, and evidence.

B. Reasonable degree of integrity and impartiality, including: 

(1) Avoiding impropriety and the appearance of impropriety;

(2) Treating all people with dignity and respect;

(3) Acting without favor or disfavor toward anyone, including considerations based on race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status;

(4) Acting fairly by giving people individual consideration;

(5) Considering both sides of an argument before rendering a decision;

(6) Basing decisions on the law and the facts without regard to the identity of the parties or counsel, and with an open mind in considering the issues; and

(7) Possessing the ability to make difficult or unpopular decisions.

C. Reasonable degree of communication, including: 

(1) Orally communicating clearly and logically; and

(2) Communicating clearly and logically in writing.

D. Reasonable degree of professionalism and temperament, including:

(1) Acting in a dignified manner;

(2) Treating people with courtesy;

(3) Acting with patience and self-control; and

(4) Dealing with self-represented litigants and litigation fairly and

E. Reasonable degree of administrative capacity, including:

(1) Being punctual and prepared for oral arguments, hearings, or trials;

(2) Maintaining control over the courtroom and court processes;

(3) Enforcing court rules, orders, and deadlines in an appropriate fashion;

(4) Making decisions and rulings in a prompt, timely manner;

(5) Efficiently managing his or her personal and court calendars;

(6) Using settlement conferences and alternative dispute resolution mechanisms as appropriate;

(7) Effectively using technology adopted by the court and court system; and

(8) Fostering a productive work environment with other justices, judges, 119 and court staff.

F. Reasonable degree of physical endurance and mental acuity, including:

(1) Grasping, seeing, walking, sitting, talking, hearing, feeling, fingering, 124 and some repetitive motions or utilizing other reasonable methods that accommodate an individual in completing these essential functions;

(2) Performing irregular hours required to accommodate court schedules and caseloads;

(3) Traveling to accommodate special terms, in district and out-of-district assignments, and caseload demands;

(4) Accomplishing sedentary work, including ability to exert up to 10 lbs. 134 of force occasionally and a negligible amount of force frequently or 135 constantly to lift, carry, push, pull, or otherwise move objects, including the human body;

(5) Handling stressful situations and managing demanding workload; and

(6) Exercising sound judgment and decision-making.