27-05 District Courts

Statutes > North Dakota Statutes > Chapter 27 Judicial Branch of Government > 27-05 District Courts

Loading PDF...

CHAPTER 27-05DISTRICT COURTS27-05-00.1. County courts abolished - Election of additional district court judges -Case file transition - Budget and property considerations.1.Following the completion on January 1, 1995, of the terms of the judges of all county courts, the county court and office of judge of the county court in each county are abolished.2.District court judgeships are established on January 2, 1995, in number equal to the number of county judges serving the county courts on January 1, 1991, or the number of county judges serving the county courts on January 1, 1994, whichever is the lesser number.The district court judgeships established pursuant to thissubsection must be filled by election at the general election in 1994. All statutes relating to the district court apply to the district court judgeships established pursuant to this subsection, except as otherwise provided by this section.3.The supreme court shall designate by rule, prior to January 1, 1994, the judicial district for each additional district court judgeship established pursuant to subsection 2. The judicial district designated by the supreme court for each district court judgeship established pursuant to subsection 2 is the area of election for that office at the general election in 1994. The supreme court shall designate, prior to January 1, 1994, staggered terms for each district court judgeship established pursuant to subsection 2 in a manner that results in approximately one-third of those offices with initial terms of two years, one-third with initial terms of four years, and one-third with initial terms of six years. Any judge elected pursuant to subsection 2 shall take office on January 2, 1995, and shall hold office until completion of the designated initial term or until a successor is elected and has qualified. Subsequent to these initial terms, a judge elected to a judgeship established by subsection 2 shall hold office for the term provided in section 27-05-02.4.All case files, untried cases, or any other unfinished business of each county court abolished pursuant to subsection 1 must be considered case files, untried cases, and other unfinished business of the district court of the judicial district in which that county is located.5.Beginning in 1992, the budget for the district courts submitted to the legislative assembly pursuant to section 27-01-01.1 and to the director of the budget for informational purposes pursuant to section 54-44.1-13 must include all salaries and expenses for the district court judgeships established pursuant to subsection 2. Any equipment, furnishings, and law libraries in the control and custody of the county courts on January 1, 1991, and any property acquired by county courts from that date until January 1, 1995, must be transferred on January 2, 1995, to the custody and control of the district court of the county in which each county court is located until the state court administrator determines that these items are no longer needed by the district court. Upon that determination, custody and control of the property must revert to the county.27-05-01. Judicial districts - Number of judges. The judicial districts in this state andthe number of judges in each of the judicial districts are as designated by rule of the supreme court.27-05-02. Election and term of office of district judges. There must be elected ineach judicial district of this state the number of judges for such district provided for by law. Any judge so elected shall hold office for six years or until that judge's successor is elected and has qualified.Page No. 127-05-02.1. Vacancy in office of district judge - Transfer of judgeships - Hearing.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; orb.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.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 reelection 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 shallimmediately 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 reelection. The supreme court, within ninety days of receiving notice of a judge's intention not to seek reelection 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.27-05-03. Salaries and expenses of district judges. The annual salary of each districtjudge is one hundred thirteen thousand six hundred forty-eight dollars through June 30, 2010, and one hundred nineteen thousand three hundred thirty dollars thereafter. Each district judge is entitled to travel expenses, including mileage and subsistence while engaged in the discharge of official duties outside the city in which the judge's chambers are located.The salary andexpenses are payable monthly in the manner provided by law. A presiding judge of a judicial district is entitled to receive an additional three thousand two hundred eighty-two dollars per annum through June 30, 2010, and three thousand four hundred forty-seven dollars thereafter.27-05-03.1. Retirement for mental or physical disability of supreme court judgesand 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.Page No. 2The 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.27-05-03.2.Judicial retirement salary payable to judge retired for mental orphysical disability. If a judge of the supreme court or a judge of the district court retires under the provisions of section 27-05-03.1, the judge shall receive the compensation allotted to the judge's office for the remainder of the judge's term and thereafter judicial retirement salary as provided for in subsection 3 of section 27-17-01, regardless of the judge's age or years of service at that time. The provisions of this section are applicable to those judges who retire pursuant to section 27-05-03.1 after January 1, 1973.27-05-04.Expenses of district judges sitting with supreme court or in otherdistricts - Allowance - Payment. If a district judge is called to sit with the supreme court or is acting in any district court outside of the district judge's judicial district, that judge, when so called or so acting, is entitled to receive the actual and necessary expenses incurred by that judge as a result thereof.27-05-05. Presiding judge of district - How determined - Term of office. The districtand county judges in judicial districts of this state having more than one district judge shall elect from among the district judges a presiding judge who shall serve for a period of three years beginning January 1, 1992. A presiding judge in districts having more than one district judge must be elected every three years. In the event of a vacancy, a presiding judge must be elected in the manner provided in this section to serve the remainder of the term.27-05-06.Jurisdiction of district courts.The district courts of this state have thegeneral jurisdiction conferred upon the courts by the constitution, and in the exercise of that jurisdiction the courts have power to issue all writs, process, and commissions provided therein or by law or which may be necessary for the due execution of the powers with which the courts are vested. The courts have:1.Common-law jurisdiction and authority within their respective judicial districts for the redress of all wrongs committed against the laws of this state affecting persons or property.2.Power to hear and determine all civil actions and proceedings.3.All the powers, according to the usages of courts of law and equity, necessary to the full and complete jurisdiction of the causes and parties and the full and complete administration of justice, and to carrying into effect the courts' judgments, orders, and other determinations, subject to a reexamination by the supreme court as provided by law.4.Jurisdiction of appeals from all final judgments of municipal judges and from the determinations of inferior officers, boards, or tribunals, in the cases and pursuant to the regulations as may be prescribed by law.5.Disputed property line proceedings pursuant to section 11-20-14.1.6.Power to hear and determine all actions and proceedings arising from the enforcement of county home rule charter ordinances.27-05-07. Purposes for which district courts always open - When and where issuesof fact triable. Superseded by N.D.R.Civ.P., Rule 77.27-05-08. Chambers - Residence.Page No. 31.The locations of the chambers of the district judges in each of the respective districts shall be as determined by rule of the supreme court.However, not more thanseventy percent of the chambers of the district judges may be located in cities with a population of more than ten thousand.2.Each district judge shall reside within the district where the judge's chambers are located, and, for the purposes of this section, the chief justice of the supreme court shall designate the respective chambers within the district to which each district judge is assigned.27-05-08.1.Terms of district court to be fixed by supreme court.Repealed byS.L. 1981, ch. 316, </DIV></DIV></DIV> </DIV>  <DIV></DIV> <DIV></DIV> <DIV></DIV> <DIV></DIV>  <DIV id=footer> <DIV class=container> Copyright © 2012-2022 Laws9.Com All rights reserved.  <A href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A href="/terms.html">Terms</A> | <A href="/privacy.html">Privacy</A> </DIV> </DIV> </BODY></HTML>

Find Legal Information

North Dakota Codes and Statutes

27-05 District Courts