27-25 Judicial Nominating Committee
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<![CDATA[CHAPTER 27-25JUDICIAL NOMINATING COMMITTEE27-25-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Candidate" means any person under consideration by the committee to fill a judicial<br>vacancy.2."Chairman" means the chairman of the committee and includes any acting<br>chairman.3."Committee" means the judicial nominating committee, consisting of six members in<br>the event of a vacancy in the office of supreme court judge and nine members in the<br>event of a vacancy in the office of a district court judge.4."Judge" means a justice of the supreme court or a judge of district court.5."Nominee" means any candidate selected by the committee for inclusion on the list<br>of candidates submitted to the governor.6."Permanent member" means a person appointed to serve on the committee for all<br>vacancies in the office of judge during that member's term.7."Temporary member" means a person appointed to serve on the committee only for<br>the time necessary to fill a vacancy in the office of district judge in that member's<br>district.27-25-02. Creation and composition of committee - Terms of office - Appointment -Vacancies.1.A judicial nominating committee is hereby created to consist of six permanent<br>members and three temporary members.2.The governor, the chief justice, and the president of the state bar association each<br>shall appoint two permanent members to the committee, one of whom is a judge or<br>an attorney authorized to practice law in the state and one of whom is not a judge,<br>former judge, or attorney. The term of each member is three years. Initially, as<br>determined by lot, two members shall serve for two years, and two members shall<br>serve for one year. At the end of the member's term, the appointing authority shall<br>appoint a successor for a full three-year term. No member may serve for more than<br>two three-year terms. A vacancy must be filled by the appointing authority for the<br>remainder of the term.The governor shall designate one of the members aschairman of the committee.3.Each appointing authority shall appoint an additional temporary member, from the<br>judicial district having a vacancy, to serve on the committee for the time necessary<br>to fill the vacancy. If two or more vacancies in the office of district judge occur in one<br>district at the same time, the committee may submit a combined list to the governor.4.The judicial nominating committee for vacancies in the office of supreme court judge<br>must be composed of the six permanent members. If two or more vacancies occur<br>in the office of the supreme court judge at the same time, the committee may submit<br>a combined list of candidates to the governor.5.The executive director of the state bar association shall serve as nonvoting secretary<br>of the committee.Page No. 127-25-03. Submission of nominee list to governor. The committee shall submit to thegovernor a list of not fewer than two nor more than seven nominees for appointment within sixty<br>days after receipt of written notice from the governor that a vacancy in the office of judge exists.<br>No list of nominees submitted to the governor by the committee is valid unless concurred in by a<br>majority of its members and certified by the chairman. If the committee fails to submit a list of at<br>least two nominees within the time prescribed by this section, the governor may direct that the<br>committee be reconvened or proceed according to subsection 3 of section 27-25-04.If thecommittee fails to submit a list of at least two nominees to the governor within sixty days after<br>receipt of written notice from the governor directing the committee to reconvene, the governor<br>shall proceed according to subsection 3 of section 27-25-04.27-25-04. Governor to appoint or call special election. Within thirty days after receiptof the list of nominees, the governor shall do any of the following:1.Fill the vacancy by appointment from the list of nominees submitted by the<br>committee.2.Return the list of nominees and direct the committee to reconvene.3.Call a special election to fill the vacancy for the remainder of the term.If the governor determines to call a special election to fill the vacancy, the governor shall issue a<br>writ of election to the auditors of the counties in the district in which the district vacancy occurs<br>commanding them to notify the boards of election in the counties to hold a special election at a<br>time designated by the governor. If the governor determines to call a special election within sixty<br>days of the time of the next general election, the special election must be held at the same time<br>as the general election.27-25-05. Powers and duties. The committee shall:1.Seek out qualified judicial candidates and may solicit judicial candidate nominations<br>from any citizen.2.Make such inquiry into the qualifications of each candidate, including legal<br>knowledge and ability, judicial temperament, experience, and moral character, as<br>the committee deems appropriate in order to secure a list of the most highly qualified<br>nominees.27-25-06. Submission of names by citizens - Withdrawal. A person may submit aname of any qualified citizen for consideration as a candidate. Submission must be in writing on<br>forms provided by the committee. Any candidate may withdraw from consideration by written<br>request to the chairman of the committee.27-25-07. Committee members ineligible for vacancy appointment. No member ofthe committee may be considered as a candidate or nominee during the member's term on the<br>committee.27-25-08. Expenses of committee. Committee members must be allowed expensesfor travel, board, and lodging incurred in the performance of their duties as provided in sections<br>44-08-04 and 54-06-09.27-25-09. Committee budget. The supreme court shall prepare and present to thelegislative assembly a proposed biennial budget for the committee.Page No. 2Document Outlinechapter 27-25 judicial nominating committee]]>