§ 27-23-03 — Other powers

North Dakota § 27-23-03

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-23: Judicial Conduct Commission

Text

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 the commission to the supreme court for the
judge's removal or retirement.
2. On recommendation of the commission or on its own motion, the supreme court may
suspend a judge from office without salary when, in the United States, the judge
pleads guilty or no contest or is found guilty of a crime punishable as a felony under
North Dakota or federal law or of any other crime that involves moral turpitude under
that law. If the judge's conviction is reversed, suspension terminates and the judge
must be paid the salary for the period of suspension. If the judge is suspended and the
conviction becomes final, the supreme court shall remove the judge from office.
3. On recommendation of the commission or a hearing panel of the commission, the
supreme court may:
a. Retire a judge for disability that seriously interferes with the performance of the
judge's duties and is, or is likely to become, permanent;

b. Transfer, with the possibility of reinstatement, a judge to incapacity inactive
status; or
c. Publicly censure or remove a judge for action that constitutes willful misconduct in
office, willful failure to perform duties prescribed by law or by administrative rule
of the supreme court, willful violation of the code of judicial conduct as adopted by
the supreme court, or habitual intemperance.
The commission may impose private, nonpublic discipline for minor misconduct that
does not warrant public discipline or may direct disposition of allegations of
misconduct in other manners considered appropriate. A proceeding under this section
or implementing rules of the supreme court may not be instituted for alleged acts
occurring more than six years before receiving a complaint.
4. A judge retired by the supreme court must be considered to have retired voluntarily. A
judge removed by the supreme court is ineligible for judicial office, and pending further
order of the court, the judge is suspended from practicing law in this state.
5. The supreme court shall make rules implementing this chapter and providing for
confidentiality of proceedings.
6. The procedure provided for in this section may be used in addition to the impeachment
proceedings provided for in the Constitution of North Dakota as applicable to district
and supreme court judges.
7. The commission may employ or share the employment of such officers, assistants,
and other employees as it deems necessary for the performance of the duties and
exercise of the powers conferred upon the commission; may arrange for and
compensate medical and other experts and reporters; may arrange for attendance of
witnesses, including witnesses not subject to subpoena; and may pay from funds
available to it all expenses reasonably necessary for effectuating the purposes of this
chapter, whether or not specifically enumerated herein. The attorney general shall, if
requested by the commission, act as its counsel generally or in any particular
investigation or proceeding. The commission may employ special counsel from time to
time whenever it deems necessary.
8. Each member of the commission must be allowed expenses for travel, board, and
lodging incurred in the performance of official duties, as provided in sections 44-08-04
and 54-06-09.
9. An act of the commission or hearing panel is not valid unless concurred in by at least a
majority of its members.