27-23 Judicial Conduct Commission
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<![CDATA[CHAPTER 27-23JUDICIAL CONDUCT COMMISSION27-23-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires: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<br>gather and present evidence and act on its behalf in proceedings before the<br>commission, a hearing panel, or the supreme court.4."Hearing panel" means a four-member panel consisting of at least two citizen<br>members of the commission, appointed by the chair to conduct a hearing and make<br>recommendations after the filing of formal charges or a petition for transfer to<br>incapacity inactive status.5."Judge" means a justice of the supreme court, a judge of the district court, a judicial<br>referee, a judge of a municipal court, and, in the case provided in section 29-01-14,<br>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<br>lawyer licensed to practice law in this state, and four citizens who are not judges, retired judges,<br>or lawyers. Members representing the district court must be appointed by their state association<br>and the lawyer member must be appointed by the board of governors of the state bar association<br>of North Dakota. The citizen members must be appointed by the governor. The term of each<br>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<br>appointment. A vacancy must be filled by the appointing power for the remainder of the term.<br>Any appointment to fill a vacancy not made within forty-five days after the vacancy occurs or the<br>term of office ends must be made by the supreme court. The commission shall select one of its<br>members as chair.The commission has the power to investigate complaints against any judge in the stateand the chair may appoint a hearing panel to conduct hearings concerning the discipline,<br>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<br>pending:a.An indictment or an information charging the judge in the United States with a<br>crime punishable as a felony under North Dakota or federal law; orb.A recommendation submitted by the commission to the supreme court for the<br>judge's removal or retirement.2.On recommendation of the commission or on its own motion, the supreme court<br>may suspend a judge from office without salary when, in the United States, the judge<br>pleads guilty or no contest or is found guilty of a crime punishable as a felony under<br>North Dakota or federal law or of any other crime that involves moral turpitude under<br>that law. If the judge's conviction is reversed, suspension terminates and the judgePage No. 1must be paid the salary for the period of suspension. If the judge is suspended and<br>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<br>supreme court may:a.Retire a judge for disability that seriously interferes with the performance of the<br>judge's duties and is, or is likely to become, permanent;b.Transfer, with the possibility of reinstatement, a judge to incapacity inactive<br>status; orc.Publicly censure or remove a judge for action that constitutes willful misconduct<br>in office, willful failure to perform duties prescribed by law or by administrative<br>rule of the supreme court, willful violation of the code of judicial conduct as<br>adopted by the supreme court, or habitual intemperance.The commission may impose private, nonpublic discipline for minor misconduct that<br>does not warrant public discipline or may direct disposition of allegations of<br>misconduct in other manners considered appropriate.A proceeding under thissection or implementing rules of the supreme court may not be instituted for alleged<br>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.<br>A judge removed by the supreme court is ineligible for judicial office, and pending<br>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<br>confidentiality of proceedings.6.The procedure provided for in this section may be used in addition to the<br>impeachment proceedings provided for in the Constitution of North Dakota as<br>applicable to district and supreme court judges.7.The commission may employ or share the employment of such officers, assistants,<br>and other employees as it deems necessary for the performance of the duties and<br>exercise of the powers conferred upon the commission; may arrange for and<br>compensate medical and other experts and reporters; may arrange for attendance of<br>witnesses, including witnesses not subject to subpoena; and may pay from funds<br>available to it all expenses reasonably necessary for effectuating the purposes of<br>this chapter, whether or not specifically enumerated herein. The attorney general<br>shall, if requested by the commission, act as its counsel generally or in any particular<br>investigation or proceeding. The commission may employ special counsel from time<br>to time whenever it deems necessary.8.Each member of the commission must be allowed expenses for travel, board, and<br>lodging incurred in the performance of official duties, as provided in sections<br>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<br>a majority of its members.27-23-04. Cooperation with, and assistance and information to, commission. Stateand local governmental bodies and departments, officers and employees thereof, and officials,<br>officers, and employees of the courts of this state shall cooperate with and give reasonable<br>assistance and information to the commission and any authorized representative thereof, in<br>connection with any investigations or proceedings within the jurisdiction of the commission.Page No. 227-23-05. Duty of sheriffs and police officers to serve process and execute ordersof commission. It is the duty of the sheriffs and police officers in the several counties and cities,<br>upon request of the commission or its authorized representative, to serve process and execute<br>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<br>disciplinary counsel may:1.Administer oaths.2.Order and otherwise provide for the inspection of books and records.3.Issue subpoenas for the attendance of witnesses and the production of papers,<br>books, accounts, documents, and testimony relevant to any investigation or formal<br>proceeding.The power to administer oaths, to issue subpoenas, or to make orders for or concerning the<br>inspection of books and records may be exercised by a member of the commission or a hearing<br>panel, unless the commission otherwise determines.27-23-07.Process extends to all parts of state.In any investigation or formalproceeding under this chapter, process, wherever issued, extends to all parts of the state. A<br>person is obliged to attend as a witness in any investigation or proceeding under this chapter and<br>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 producewritings or things - Service of order to appear before court - Order to appear before<br>commission or hearing panel - Contempt. If a person refuses to attend, testify, or produce<br>any writings or things required by subpoena, the commission or the hearing panel may petition<br>the district court for the county in which the hearing is pending for an order compelling a person<br>to attend and testify or produce the writings or things required by the subpoena before the<br>commission or hearing panel. The court shall order a person to appear before it at a specified<br>time and place to show cause why the person has not attended or testified or produced the<br>writings or things as required. A copy of the order must be served upon the person. If it appears<br>to the court that the subpoena was regularly issued, the court shall order a person to appear<br>before the commission or hearing panel at the time and place fixed in the order and testify or<br>produce the required writings or things.Upon failure to obey the order, a person must bepunished as provided in section 12.1-10-02.27-23-09. Deposition. In any investigation or formal proceeding under this chapter, thecommission, hearing panel, or disciplinary counsel, under the North Dakota Rules of Civil<br>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 oremployee of the state or a political subdivision or an officer or employee of a court of this state,<br>shall receive for the witness's attendance the same fees and all witnesses shall receive the same<br>mileage allowed by law to a witness in a civil case.The amounts must be paid by thecommission from funds appropriated for the use of the commission.27-23-11.Costs.No award of costs may be made in any proceeding before thecommission, a master, or the supreme court.27-23-12.Commission budget.The commission is responsible for preparing andpresenting to the legislative assembly a proposed biennial budget for the commission and is<br>responsible and accountable for the expenditure of any funds appropriated. The supreme court<br>administrator shall assist in the financial transactions of the commission by providing<br>administrative bookkeeping services and similar related activities but has no authority to expend<br>any funds without specific approval of the commission.Page No. 3Document Outlinechapter 27-23 judicial conduct commission]]>