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27-02.1 Court of Appeals

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CHAPTER 27-02.1COURT OF APPEALS27-02.1-01.(Effective through January 1, 2012) Temporary court of appealsestablished - Jurisdiction - Writ authority - Administration. A temporary court of appeals is<br>established to exercise appellate and original jurisdiction as delegated by the supreme court.<br>Panels of the temporary court of appeals may issue original and remedial writs necessary to<br>properly exercise jurisdiction in cases assigned to them. The panels of the temporary court of<br>appeals are subject to administration by the supreme court pursuant to sections 3 and 8 of article<br>VI of the Constitution of North Dakota.27-02.1-02.(Effective through January 1, 2012) Number, assignment, andcompensation of judges.1.The supreme court may provide for the assignment of active or retired district court<br>judges, retired justices of the supreme court, and lawyers, to serve on three-judge<br>panels of the temporary court of appeals if the chief justice certifies to the governor<br>that the supreme court has disposed of two hundred fifty cases in the twelve months<br>preceding September first of any year.Assignments may be made for a timecertain, not to exceed one year from the date of assignment, or specifically for one<br>or more cases on the docket of the supreme court.2.An active or retired district court judge serving on the temporary court of appeals<br>may not be assigned to hear cases in which the judge participated while serving on<br>the district court. An active district court judge may not be assigned to hear cases<br>that originated in the judicial district of the judge.3.An active district court judge serving on the temporary court of appeals is not entitled<br>to additional compensation, but is entitled to reimbursement for expenses as<br>provided by sections 44-08-04 and 54-06-09.4.Retired justices of the supreme court, retired district court judges, and lawyers<br>serving as judges on panels of the temporary court of appeals are entitled to receive<br>as compensation for each day of service in the performance of duties pursuant to<br>the assignment an amount equal to five percent of the gross monthly salary as<br>provided for a regularly elected or appointed justice of the supreme court, or one-half<br>of the daily compensation for services of one-half day or less. The compensation<br>must be paid upon certification by the judge that the services were performed for the<br>number of days shown on the certificate and must be paid in the same manner as<br>the salaries of the regularly elected or appointed judges are paid.27-02.1-03. (Effective through January 1, 2012) Assignment and reassignment ofcases - Quorum for decision of cases - Authority in furtherance of jurisdiction.1.Panels of the temporary court of appeals have jurisdiction to hear and to decide all<br>cases assigned by the supreme court.2.The supreme court may order reassignment of any case from a panel of the<br>temporary court of appeals to the supreme court.3.A majority of the three judges of a panel of the temporary court of appeals hearing a<br>case is necessary to pronounce a decision.4.When a judgment or order is reversed, modified, or confirmed by a panel of the<br>temporary court of appeals, the reasons must be concisely stated in writing, signed<br>by the judges concurring, filed in the office of the clerk of the supreme court, and<br>preserved with the record of the case. Any judge concurring or dissenting may givePage No. 1the reasons for the judge's concurrence or dissent in writing over the judge's<br>signature.27-02.1-04. (Effective through January 1, 2012) Administration - Employees andclerical assistance - Court of record - Place of sessions.1.The clerk of the supreme court shall provide clerk services to panels of the<br>temporary court of appeals.2.Panels of the temporary court of appeals may hold court in any place the panel<br>considers convenient and efficient for conducting its business.3.All proceedings of the panels of the temporary court of appeals must be pursuant to<br>the rules adopted by the supreme court.27-02.1-05. (Effective through January 1, 2012) Chief judge. The chief justice of thesupreme court shall designate a chief judge of each panel of the temporary court of appeals who<br>shall preside pursuant to rules of the supreme court.27-02.1-06. (Effective through January 1, 2012) Review of decisions of panels. Anyparty in interest who is aggrieved by a judgment or order of a panel of the temporary court of<br>appeals may petition the supreme court for review of the judgment or order pursuant to rules of<br>the supreme court. Upon the filing of a petition for review by the supreme court, the order or<br>judgment and mandate of the panel of the temporary court of appeals is stayed pending action of<br>the supreme court. The supreme court has discretion to grant or deny the petition.27-02.1-07. (Effective through January 1, 2012) Right to appeal not created. Thischapter does not provide or create a right of appeal if that right is not otherwise provided by law.<br>An appeal assigned to a panel of the temporary court of appeals fulfills the right of appeal<br>provided by section 28-27-02.27-02.1-08. (Effective through January 1, 2012) Unitary appeal - Filing of appeal -Filing fee. All appeals must be treated as one appeal process under the jurisdiction of the<br>supreme court. In any appeal there may be only one filing and one filing fee required. The filing<br>fee is as prescribed by section 27-03-05.27-02.1-09. (Effective through January 1, 2012) Publication of opinions. Opinions ofthe panels of the temporary court of appeals may be published pursuant to rules of the supreme<br>court.Page No. 2Document Outlinechapter 27-02.1 court of appeals