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27-24 Temporary Judges

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CHAPTER 27-24TEMPORARY JUDGES27-24-01. Appointment of eligible person to temporary judgeship.1.The supreme court may appoint any eligible person to serve as temporary judge in<br>any court other than the supreme court, whenever the supreme court determines<br>that the appointment is reasonably necessary and will promote the more efficient<br>administration of justice. A person, except a retired justice of the supreme court or a<br>retired judge of the district court, is eligible for appointment if the person is a resident<br>of this state and has been engaged in the active practice of law in this state for a<br>period of at least three years next preceding the appointment.2.An appointment under this section must be made by order of the supreme court.<br>The supreme court shall provide, to the extent it deems necessary or desirable, rules<br>and regulations for appointments under this section.No appointment madepursuant to this chapter may be for a duration longer than thirty calendar days.3.An appointment under this section does not become effective until the appointee<br>subscribes and files in the office of the secretary of state an oath or affirmation<br>substantially as follows:I do solemnly swear (or affirm) that I will support the constitutions of the United<br>States and the state of North Dakota, and that I will faithfully discharge the<br>duties of the office of judge of the state of North Dakota to the best of my ability.27-24-02.Transfer, challenge, disqualification, and supervision of personappointed.1.A temporary judge appointed as provided in this chapter to serve in any court, other<br>than the supreme court, in any county or judicial district may, at any time while<br>serving under the appointment, be transferred and assigned by the supreme court to<br>serve as temporary judge in any one or more other counties or judicial districts<br>during the term of the appointment.2.Each temporary judge appointed and qualified as provided in section 27-24-01 has,<br>in the city, county, or judicial district assigned, all the judicial powers, duties,<br>jurisdiction, and authority, while serving under the appointment, of a regularly<br>elected or appointed judge of the appropriate court.3.The eligibility, appointment, or qualification of an appointee under section 27-24-01,<br>or the appointee's right to hold the position of temporary judge in any particular city,<br>county, or judicial district while serving under the appointment, is subject to<br>challenge only in a direct proceeding instituted for that purpose as provided by law.<br>The proceeding may be instituted in the supreme court if it consents to take original<br>jurisdiction thereof.4.A temporary judge appointed as provided in section 27-24-01 is subject to demand<br>for change of judge as provided in section 29-15-21.5.A temporary judge appointed as provided in section 27-24-01 or assigned as<br>provided in subsection 1 to a district court with one or more regularly elected or<br>appointed and qualified judges on active duty is subject to the directions of the<br>regular presiding judge of the district court in respect to the assignment of cases and<br>the general administration of the business of the court. A temporary judge assigned<br>to any other court is under the supervision of the supreme court.Page No. 127-24-03. Extension and termination of appointment of temporary judge - Eligibilityto appear as an attorney.1.It is the duty of a temporary judge appointed as provided in section 27-24-01 to hear,<br>decide, and dispose of all cases and matters submitted to the judge as promptly as<br>the nature of the questions involved will permit. The powers, jurisdiction, and judicial<br>authority of the temporary judge in respect to any case or matter tried or heard while<br>serving under the appointment shall continue beyond the expiration of the<br>appointment so far as may be necessary to:a.Decide and dispose of any case or matter on trial or held under advisement.b.Hear and decide any motion for a new trial or for a judgment notwithstanding<br>the verdict, or objections to any cost bill, that may be filed in the case.c.Settle a transcript for appeal and grant extensions of time therefor.2.The supreme court at any time by order may terminate the term of appointment of a<br>temporary judge as of a date specified in the order, but termination does not affect<br>the validity of any judgment, decree, order, or other action of the temporary judge<br>before the effective date of the termination.3.A temporary judge appointed as provided in section 27-24-01 is not eligible to<br>appear as attorney in the court to which the judge was appointed in any case tried by<br>a jury selected from the same jury panel which was in existence during the time<br>which that individual served as temporary judge.27-24-04. Compensation and expenses of person appointed temporary judge.1.A temporary judge appointed as provided in section 27-24-01 must receive as<br>compensation for each day of service in the performance of duties under the<br>appointment an amount equal to five percent of the gross monthly salary of a<br>regularly elected or appointed judge of the court in which the temporary judge is to<br>serve, or one-half of that daily compensation for services of one-half day or less.<br>The compensation must be paid upon the certificate of the temporary judge that the<br>services were performed for the number of days shown in the certificate and must<br>be paid in the same manner as the salaries of the regularly elected or appointed<br>judges are paid.2.A temporary judge appointed as provided in section 27-24-01 or assigned as<br>provided in section 27-24-02 to serve outside the county in which the judge resides<br>or maintains an office mustreceive, in addition to daily compensation,reimbursement for travel expenses necessarily incurred in the performance of duties<br>as temporary judge. The expenses must be reimbursed upon the certification by the<br>temporary judge that the expenses were actually incurred, in the same manner as<br>like expenses of regularly elected or appointed judges are paid.Page No. 2Document Outlinechapter 27-24 temporary judges