Title 27, Judicial Branch of Government

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 comm…

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 …

1. A judge is disqualified from acting as a judge, without loss of salary, while there is pending: a. An indictment or an information charging the judge in the United States with a crime punishable as a felony under North Dakota or federal law; or b. A recommendation submitted by…

State and local governmental bodies and departments, officers and employees thereof, and officials, officers, and employees of the courts of this state shall cooperate with and give reasonable assistance and information to the commission and any authorized representative thereof,…

It is the duty of the sheriffs and police officers in the several counties and cities, upon request of the commission or its authorized representative, to serve process and execute all lawful orders of the commission.

In the conduct of investigations and formal proceedings, the commission, hearing panel, or disciplinary counsel may: 1. Administer oaths. 2. Order and otherwise provide for the inspection of books and records. 3. Issue subpoenas for the attendance of witnesses and the production …

In any investigation or formal proceeding under this chapter, process, wherever issued, extends to all parts of the state. A person is obliged to attend as a witness in any investigation or proceeding under this chapter and is punishable as provided in section 12.1-10-02 for fail…

If a person refuses to attend, testify, or produce any writings or things required by subpoena, the commission or the hearing panel may petition the district court for the county in which the hearing is pending for an order compelling a person to attend and testify or produce the…

In any investigation or formal proceeding under this chapter, the commission, hearing panel, or disciplinary counsel, under the North Dakota Rules of Civil Procedure, may order the deposition of a person residing within or without the state to be taken.

Each witness, other than an officer or employee of the state or a political subdivision or an officer or employee of a court of this state, shall receive for the witness's attendance the same fees and all witnesses shall receive the same mileage allowed by law to a witness in a c…

No award of costs may be made in any proceeding before the commission, a master, or the supreme court.

The commission is responsible for preparing and presenting to the legislative assembly a proposed biennial budget for the commission and is responsible and accountable for the expenditure of any funds appropriated. The supreme court administrator shall assist in the financial tra…

1. The supreme court may appoint any eligible person to serve as temporary judge in any court other than the supreme court, whenever the supreme court determines that the appointment is reasonably necessary and will promote the more efficient administration of justice. A person, …

1. A temporary judge appointed as provided in this chapter to serve in any court, other than the supreme court, in any county or judicial district may, at any time while serving under the appointment, be transferred and assigned by the supreme court to serve as temporary judge in…

1. It is the duty of a temporary judge appointed as provided in section 27-24-01 to hear, decide, and dispose of all cases and matters submitted to the judge as promptly as the nature of the questions involved will permit. The powers, jurisdiction, and judicial authority of the t…

1. A temporary judge appointed as provided in section 27-24-01 must receive as compensation for each day of service in the performance of duties under the appointment an amount equal to five percent of the gross monthly salary of a regularly elected or appointed judge of the cour…

In this chapter, unless the context or subject matter otherwise requires: 1. "Candidate" means any person under consideration by the committee to fill a judicial vacancy. 2. "Chairman" means the chairman of the committee and includes any acting chairman. 3. "Committee" means the …

1. A judicial nominating committee is hereby created to consist of six permanent members and three temporary members. 2. The governor, the chief justice, and the president of the state bar association each shall appoint two permanent members to the committee, one of whom is a jud…

The committee shall submit to the governor a list of not fewer than two nor more than seven nominees for appointment within sixty days after receipt of written notice from the governor that a vacancy in the office of judge exists. No list of nominees submitted to the governor by …

Within thirty days after receipt of the list of nominees, the governor shall do any of the following: 1. Fill the vacancy by appointment from the list of nominees submitted by the committee. 2. Return the list of nominees and direct the committee to reconvene. 3. Call a special e…

The committee shall: 1. Seek out qualified judicial candidates and may solicit judicial candidate nominations from any citizen. 2. Make such inquiry into the qualifications of each candidate, including legal knowledge and ability, judicial temperament, experience, and moral chara…

A person may submit a name of any qualified citizen for consideration as a candidate. Submission must be in writing on forms provided by the committee. Any candidate may withdraw from consideration by written request to the chairman of the committee.

No member of the committee may be considered as a candidate or nominee during the member's term on the committee.

Committee members must be allowed expenses for travel, board, and lodging incurred in the performance of their duties as provided in sections 44-08-04 and 54-06-09.

The supreme court shall prepare and present to the legislative assembly a proposed biennial budget for the committee.

A temporary court of appeals is established to exercise appellate and original jurisdiction as delegated by the supreme court. Panels of the temporary court of appeals may issue original and remedial writs necessary to properly exercise jurisdiction in cases assigned to them. The…

1. The supreme court may provide for the assignment of active or retired district court judges, retired justices of the supreme court, and lawyers, to serve on three-judge panels of the temporary court of appeals if the chief justice certifies to the governor that the supreme cou…

1. Panels of the temporary court of appeals have jurisdiction to hear and to decide all cases assigned by the supreme court. 2. The supreme court may order reassignment of any case from a panel of the temporary court of appeals to the supreme court. 3. A majority of the three jud…

1. The clerk of the supreme court shall provide clerk services to panels of the temporary court of appeals. 2. Panels of the temporary court of appeals may hold court in any place the panel considers convenient and efficient for conducting its business. 3. All proceedings of the …

The chief justice of the supreme court shall designate a chief judge of each panel of the temporary court of appeals who shall preside pursuant to rules of the supreme court.

Any party in interest who is aggrieved by a judgment or order of a panel of the temporary court of appeals may petition the supreme court for review of the judgment or order pursuant to rules of the supreme court. Upon the filing of a petition for review by the supreme court, the…

This chapter does not provide or create a right of appeal if that right is not otherwise provided by law. An appeal assigned to a panel of the temporary court of appeals fulfills the right of appeal provided by section 28-27-02.

All appeals must be treated as one appeal process under the jurisdiction of the supreme court. In any appeal there may be only one filing and one filing fee required. The filing fee is as prescribed by section 27-03-05.

Opinions of the panels of the temporary court of appeals may be published pursuant to rules of the supreme court.

1. The supreme court may establish a program to assist rural counties and municipalities in recruiting and retaining attorneys. 2. A county or municipality interested in participating in the program shall apply to the supreme court. After determining eligibility, the supreme cour…

A county is eligible to participate in the recruitment and retention assistance program if the county: 1. Has five or fewer licensed attorneys residing in the county; 2. Agrees to provide the county's portion of the incentive payment as required under section 27-02.2-06; and 3. I…

A municipality is eligible to participate in the recruitment and retention assistance program if the municipality: 1. Has a population of five thousand or fewer; 2. Agrees to provide the municipality's portion of the incentive payment as required under section 27-02.2-06; and 3. …

An attorney licensed to practice in the state who meets all requirements set by the supreme court may participate in the recruitment and retention assistance program. An attorney participating in the program shall practice in a supreme court-selected county or municipality for at…

An attorney selected by the supreme court to participate in the recruitment and retention assistance program is entitled to receive an incentive payment of forty-five thousand dollars to be paid in five equal annual installments.

1. An agreement for the payment of recruitment and retention assistance under this chapter must require the county or municipality served by the attorney to provide thirty-five percent of the total amount of the incentive payment in five equal installments. 2. The state bar assoc…

A county or municipality may appropriate funds for the purpose of carrying out this chapter. A county or municipality may enter an agreement with any other county, municipality, school district, or nonprofit entity to assist the county or municipality in carrying out this chapter…

1. Notwithstanding any other provision of law, the supreme court may receive fifteen percent of the total amount of an incentive payment in five equal annual installments from the state bar association of North Dakota, the North Dakota bar foundation, or any other legal associati…

The attorney recruitment and retention assistance program fund is established in the state treasury. Payments collected under section 27-02.2-08 must be deposited in the attorney recruitment and retention assistance program fund. The funds deposited in the attorney recruitment an…

A recruitment and retention assistance agreement entered under this chapter becomes effective when the agreement is filed with and approved by the supreme court. The agreement must require the attorney to practice law full-time in the eligible county or municipality for at least …

If an individual has previously participated in an attorney recruitment and retention program under this chapter, or any other state or federal scholarship, loan repayment, or tuition reimbursement program requiring the individual to provide attorney services within an underserve…

The supreme court may adopt rules as necessary to implement this chapter.