Order of Adoption and Notice of Hearing Wednesday, June 24, 1998

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

ORDER OF ADOPTION

and

NOTICE OF HEARING

Supreme Court No. 980235

Proposed Amendments to North Dakota Rules for Lawyer Discipline and North Dakota Rules of the Judicial Conduct Commission

On July 2, 1998, the Joint Attorney Standards Committee petitioned the Supreme Court for Amendments to Rule 2, North Dakota Rules for Lawyer Discipline, establishing an Operations Committee and amending the powers and duties of the Disciplinary Board and Disciplinary Counsel. The Joint Attorney Standards Committee also petitioned for amendments to Rule 4, Rules of the Judicial Conduct Commission, regarding the appointment as well as the powers and duties of Disciplinary Counsel. The Court considered the matter, and

ORDERED, that the proposed amendments to Rule 2, North Dakota Rules for Lawyer Discipline, and Rule 4, North Dakota Rules of the Judicial Conduct Commission, as further amended by the Court, are ADOPTED on an emergency basis, effective immediately.

IT IS FURTHER ORDERED, that a hearing be held on the proposed amendments to the North Dakota Rules for Lawyer Discipline and the North Dakota Rules of the Judicial Conduct Commission, on Tuesday, September 8, 1998, at 10:45 a.m., in the Courtroom of the Supreme Court, at the State Capitol in Bismarck, North Dakota. Time for personal appearances will be limited. Any person who cannot appear at the hearing may address written comments on the proposed amendments to Penny Miller, Clerk of the Supreme Court, 600 E. Boulevard Ave., Dept. 180, Bismarck, ND 58505-0530. The proposed amendments are attached.

The Supreme Court of the State of North Dakota convened July 16, 1998, with the Honorable Gerald W. VandeWalle, Chief Justice, and the Honorable Herbert L. Meschke, the Honorable William A. Neumann, and the Honorable Mary Muehlen Maring, Justices, directing the Clerk of the Supreme Court to enter the above order. The Honorable Dale V. Sandstrom dissents from this action because he believes it is inappropriate to implement these amendments without prior public notice and public hearing.

/s/ Penny Miller, Clerk
North Dakota Supreme Court