N.D. R. Jud. Cond. Comm. 3

As amended through March 18, 2024

Rule 3 - Organization and Authority of the Commission

A. Composition, Panels, and Meetings. The commission consists of seven members as provided under Section 27-23-02, NDCC. The full commission shall meet periodically as determined by the commission to direct disposition of complaints under Rule 10D, conduct reviews on the record under Rule 16E, and consider administrative matters. All acts of the commission, except those involving administrative matters, must be concurred in by a majority of its members. Meetings of the commission other than periodic meetings may be called by the chair upon the chair's own motion and shall be called by the chair upon the written request of three members of the commission.

B. Delegation of Duty and Authority. The commission may delegate to disciplinary counsel the duty and authority to:

(1) maintain the commission's records;

(2) maintain statistics concerning the operation of the commission and make them available to the commission and the Supreme Court;

(3) prepare the commission's budget for its approval and administer the funds;

(4) notify the appropriate appointing authority of vacancies on the commission;

(5) prepare an annual report of the commission's activities for presentation to the Supreme Court and the public; and

(6) inform the public of the existence and operation of the judicial discipline system, including the commission's address and telephone number and the disposition of each matter in which public discipline is imposed.

C. Hearing Panel - Duty and Authority. If the commission directs the filing of formal charges, the commission chair shall appoint a four member hearing panel consisting of at least two citizen members of the commission. The hearing panel has the duty and authority to rule on prehearing motions, conduct hearings on formal charges and make findings, conclusions, and recommendations to the Supreme Court for sanctions or dismiss the case under Rule 16D or refer a matter to the commission for a review on the record under Rule 16E.

N.d. R. Jud. Cond. Comm. 3