In this chapter, unless the context or subject matter otherwise requires: 1. "Chair" means the chair of the commission and includes any acting chair. 2. "Commission" means the judicial conduct commission. 3. "Disciplinary counsel" means one or more attorneys appointed by the commission to gather and present evidence and act on its behalf in proceedings before the commission, a hearing panel, or the supreme court. 4. "Hearing panel" means a four-member panel consisting of at least two citizen members of the commission, appointed by the chair to conduct a hearing and make recommendations after the filing of formal charges or a petition for transfer to incapacity inactive status. 5. "Judge" means a justice of the supreme court, a judge of the district court, a judicial referee, a judge of a municipal court, and, in the case provided in section 29-01-14, a small claims court referee. 6. "Shall" is mandatory, but not jurisdictional, and "may" is permissive.
27-23-02. Creation and composition of commission, terms of office, appointment, and powers. The judicial conduct commission consists of two judges of the district court, one lawyer licensed to practice law in this state, and four citizens who are not judges, retired judges, or lawyers. Members representing the district court must be appointed by their state association and the lawyer member must be appointed by the board of governors of the state bar association of North Dakota. The citizen members must be appointed by the governor. The term of each member is three years. A member may not serve more than two full three-year terms. Membership terminates if a member ceases to hold the position that qualified the member for appointment. A vacancy must be filled by the appointing power for the remainder of the term. Any appointment to fill a vacancy not made within forty-five days after the vacancy occurs or the term of office ends must be made by the supreme court. The commission shall select one of its members as chair. The commission has the power to investigate complaints against any judge in the state and the chair may appoint a hearing panel to conduct hearings concerning the discipline, removal, retirement, or transfer to incapacity inactive status of any judge.