Judicial Vacancy - Northwest Judicial District

On December 31, 1997, Wallace J. Berning, District Judge for the Northwest Judicial District, notified this Court that he will not be seeking reelection when his term expires thus creating a vacancy under Section 27-05-02.1(4), N.D.C.C. Section 27-05-02.1, N.D.C.C., requires the Supreme Court to determine whether the vacancy should be filled.

Judicial Vacancy - South Central Judicial District

On January 8, 1998, William F. Hodny, District Judge for the South Central Judicial District, notified this Court that he will not be seeking reelection when his term expires, thus creating a vacancy under Section 27-05-02.1(4), N.D.C.C. Section 27-05-02.1, N.D.C.C., requires the Supreme Court to determine whether the vacancy should be filled.

Order of Adoption

On July 10, 1997, the Joint Procedure Committee filed a Petition for Adoption, Amendment, or Repeal of Procedural Court Rules under Section 3, NDRPR, recommending amendments to Rules 4, 5, 38, 50, 52, 54, and 59, NDRCivP; Rules 5.1, 17.1, 33, 43, Forms 7, 7(a), 7(b), and 8, NDRCrimP; Rules 412 and 804, NDREv; Rules 2.1, 4, 10, 30 and 35.1, NDRAppP; Rules 6.7 and 6.8, NDROC; and Administrative Rule 39. A Notice of Hearing was served under Section 7, NDRPR, for a hearing on the proposed amendments and the submission of written comments. Written comments were referred to the Court and on October 30, 1997, the Court heard argument on the proposed amendments. At the time of the hearing, the Joint Procedure Committee recommended revised amendments to Rule 4, NDRCivP, and Rule 6.8, NDROC. The Court considered the matter, and

Order of Adoption

On July 10, 1997, the Joint Procedure Committee filed a Petition for Adoption, Amendment, or Repeal of Procedural Court Rules under Section 3, NDRPR, recommending amendments to Rules 4, 5, 38, 50, 52, 54, and 59, NDRCivP; Rules 5.1, 17.1, 33, 43, Forms 7, 7(a), 7(b), and 8, NDRCrimP; Rules 412 and 804, NDREv; Rules 2.1, 4, 10, 30 and 35.1, NDRAppP; Rules 6.7 and 6.8, NDROC; and Administrative Rule 39.

Judicial Vacancy - Southeast Judicial District

On November 7, 1997, Governor Edward T. Schafer notified this Court that the Honorable James A. Wright, District Judge for the Southeast Judicial District, had passed away November 4, 1997, thus creating a vacancy under Section 27-05-02.1(1), N.D.C.C. Section 27-05-02.1, N.D.C.C., requires the Supreme Court to determine whether the vacancy should be filled. The Supreme Court considered the matter, and

Order of Adoption

On September 16, 1996, the Court Services Administration Committee submitted a proposed rule regarding access to judicial records and on September 25, 1996, this Court adopted Administrative Rule 41, on an emergency basis effective October 1, 1996, subject to a 30-day comment period. On October 31, 1996, this Court submitted the comments to Administrative Rule 41 to the Court Services Administration Committee for review. The Court Services Administration Committee completed its review of Administrative Rule 41 and on October 30, 1997, filed further amendments to Administrative Rule 41. The Court considered the matter, and

Proposed Amendments to North Dakota Rules

The Joint Procedure Committee filed proposed amendments to the following: Rules 4, 5, 38, 50, 52, 54, and 59 of the North Dakota Rules of Civil Procedure; Rules 5.1, 17.1, 33, 43, Forms 7, 7(a), 7(b), and 8 of the North Dakota Rules of Criminal Procedure; Rules 412 and 804 of the North Dakota Rules of Evidence; Rules 2.1, 4, 10, 30, and 35.1 of the North Dakota Rules of Appellate Procedure; Rules 6.7 and 6.8 of the North Dakota Rules of Court; and Rule 39 of the North Dakota Administrative Rules. The Petition and a synopses of the proposed amendments submitted by the Joint Procedure Committee are attached.

Order of Adoption

On March 1, 1995, a majority of this Court adopted amendments to Administrative Rule 39 regarding the recording of trial court proceedings and the preparation of transcripts. Certain amendments to Section 9 of the rule regarding fees were effective July 1, 1997. Unified Judicial System Policy 206R was then amended July 26, 1995.

Order of Adoption

On May 9, 1997, the State Bar Association of North Dakota petitioned the Supreme Court to amend Rule 2.3 of the North Dakota Rules for Lawyer Discipline to allow the appointment of special members to the District Inquiry Committees to assist in the investigation of complaints, and prepare and present investigative reports because of the impact of the flood in the Red River Valley. The Court considered the matter, and

Order of Adoption

In January, 1997, the North Dakota Supreme Court adopted the use of medium-neutral case citations, using the South Dakota model, pending development of a North Dakota rule implementing medium-neutral case citations. The North Dakota Rules of Court (NDROC) have been amended to include a new rule implementing medium-neutral case citations. The proposed rule, numbered Rule 11.6, NDROC, and current rule 11.6, renumbered Rule 11.7, NDROC, to reflect the additional rule, have been referred to the Court. The Court considered the matter, and