§ 27-05-02.1 — Vacancy in office of district judge - Transfer of judgeships - Hearing

North Dakota § 27-05-02.1

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-05: District Courts

Text

1. Notwithstanding section 44-02-03, when a vacancy occurs in the office of district court
judge, the supreme court shall determine, within ninety days of receiving notice of the
vacancy from the governor and in consultation with the judges and attorneys in the
affected judicial district, whether that office is necessary for effective judicial
administration or whether the district judgeship may be transferred to another location
to fulfill a need for judicial services. The supreme court may, consistent with that
determination, order that:
a. The vacancy be filled in the manner provided pursuant to chapter 27-25;
b. The vacant office be transferred to a judicial district in which an additional judge is
necessary for effective judicial administration, and that the vacancy be filled in the
manner provided pursuant to chapter 27-25 with respect to that judicial district; or
c. The vacant office be abolished with or without transfer of a district judgeship as
provided in subsection 3.
2. For purposes of subsection 1, a vacancy is also only deemed to have occurred in the
office of district judge if the judge in the affected office declares the intention not to
seek re-election or if a judge fails to timely file a petition for candidacy with the
secretary of state pursuant to section 16.1-11-06. The secretary of state shall
immediately notify the supreme court if a judge fails to timely file a petition. The
supreme court may establish by rule procedures for providing notice of the intention
not to seek re-election. The supreme court, within ninety days of receiving notice of a
judge's intention not to seek re-election or within twenty-one days of receiving notice
that a judge has failed to timely file a petition for candidacy, shall determine whether
the office is necessary for effective judicial administration. The supreme court shall
consult with the judges and attorneys of the affected judicial district in making the
determination. The supreme court, consistent with that determination, may order any
disposition available under subsection 1. The supreme court shall notify the secretary
of state of its determination.
3. The supreme court may transfer a district judgeship to any location in which a judge is
necessary for effective judicial administration.
4. The supreme court shall notify the governor of its determinations made pursuant to
this section.