§ 27-05-03.1 — Retirement for mental or physical disability of supreme court judges and district court judges

North Dakota § 27-05-03.1

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

Text

district court judges.
Whenever a judge of the supreme court or a judge of the district court of this state who is
not a member of the public employees retirement system becomes unable, because of mental
or physical disability, to perform the judicial duties of the office during the remainder of the term
for which that judge has been elected or appointed and makes a written application to the chief
justice or acting chief justice of the supreme court for retirement, setting forth the nature and
extent of such disability, the supreme court judges and the district court judges shall make such
investigation as they deem advisable. If two-thirds of the supreme court judges and the district
court judges thereby determine that disability exists and that the performance of that judge's
judicial duties is thereby substantially impaired and that the impairment will not likely be
remedied, the chief justice or acting chief justice, by written order to be filed in the office of the
secretary of state, shall thereupon direct the retirement of the judge. The order must specify the
effective date of the retirement and thereby create a vacancy in the office which must be filled
by appointment as provided by law. A copy of the order must be transmitted to the office of

management and budget. If the disability renders the judge unable to make or direct the making
of the application, it may be made by a legally appointed guardian of the judge.