2013 North Dakota Century Code Title 27 Judicial Branch of Government Chapter 27-23 Judicial Conduct Commission
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CHAPTER 27-23
JUDICIAL CONDUCT COMMISSION
27-23-01. Definitions.
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 commission to
gather and present evidence and act on its behalf in proceedings before the
commission, a hearing panel, or the supreme court.
4. "Hearing panel" means a four-member panel consisting of at least two citizen
members of the commission, appointed by the chair to conduct a hearing and make
recommendations after the filing of formal charges or a petition for transfer to
incapacity inactive status.
5. "Judge" means a justice of the supreme court, a judge of the district court, a judicial
referee, a judge of a municipal court, and, in the case provided in section 29-01-14, a
small claims court referee.
6. "Shall" is mandatory, but not jurisdictional, and "may" is permissive.
27-23-02. Creation and composition of commission, terms of office, appointment, and
powers.
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
and the lawyer member must be appointed by the board of governors of the state bar
association of North Dakota. The citizen members must be appointed by the governor. The term
of each member is three years. A member may not serve more than two full three-year terms.
Membership terminates if a member ceases to hold the position that qualified the member for
appointment. A vacancy must be filled by the appointing power for the remainder of the term.
Any appointment to fill a vacancy not made within forty-five days after the vacancy occurs or the
term of office ends must be made by the supreme court. The commission shall select one of its
members as chair.
The commission has the power to investigate complaints against any judge in the state and
the chair may appoint a hearing panel to conduct hearings concerning the discipline, removal,
retirement, or transfer to incapacity inactive status of any judge.
27-23-03. Other powers.
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;
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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.
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.
The supreme court shall make rules implementing this chapter and providing for
confidentiality of proceedings.
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.
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.
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.
An act of the commission or hearing panel is not valid unless concurred in by at least a
majority of its members.
27-23-04. Cooperation with, and assistance and information to, commission.
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, in connection with any investigations or proceedings within the jurisdiction of the
commission.
27-23-05. Duty of sheriffs and police officers to serve process and execute orders of
commission.
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.
27-23-06. General powers of commission, hearing panel, and disciplinary counsel.
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.
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3.
Issue subpoenas for the attendance of witnesses and the production of papers, books,
accounts, documents, and testimony relevant to any investigation or formal
proceeding.
The power to administer oaths, to issue subpoenas, or to make orders for or concerning the
inspection of books and records may be exercised by a member of the commission or a hearing
panel, unless the commission otherwise determines.
27-23-07. Process extends to all parts of state.
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 failure to
do so.
27-23-08. Petition for order compelling person to attend or testify or produce writings
or things - Service of order to appear before court - Order to appear before commission
or hearing panel - Contempt.
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 writings or things required by the subpoena before the commission or hearing panel. The
court shall order a person to appear before it at a specified time and place to show cause why
the person has not attended or testified or produced the writings or things as required. A copy of
the order must be served upon the person. If it appears to the court that the subpoena was
regularly issued, the court shall order a person to appear before the commission or hearing
panel at the time and place fixed in the order and testify or produce the required writings or
things. Upon failure to obey the order, a person must be punished as provided in section
12.1-10-02.
27-23-09. Deposition.
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.
27-23-10. Fees and mileage of witnesses.
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 civil
case. The amounts must be paid by the commission from funds appropriated for the use of the
commission.
27-23-11. Costs.
No award of costs may be made in any proceeding before the commission, a master, or the
supreme court.
27-23-12. Commission budget.
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 transactions of the commission by providing administrative bookkeeping services and
similar related activities but has no authority to expend any funds without specific approval of
the commission.
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