N.D. Sup. Ct. Admin. R. & Ord. Order 23

As amended through March 18, 2024

Rule Order 23 - Review of Conservatorships - Process

Section 1.Purpose

This order implements N.D.C.C. § 30.1-29-08(3), which requires the supreme court to provide by rule or order for the regular review of conservatorships in existence on August 1, 2017. The review is the antecedent corollary of the prospective regular review of conservatorships established on or after August 1, 2017, for purposes of ensuring that the best interests of the protected person are adequately served by conservatorships established by the courts.

Section 2.Identification of Conservatorship Cases

The state court administrator, in coordination with the director of the information technology department, will identify active conservatorships in existence on August 1, 2017, in each judicial district. The state court administrator shall notify each unit administrator of conservatorships established in the respective judicial districts.

Section 3.Implementation of Review.

Each unit administrator, in consultation with the presiding judge of each judicial district in the administrative unit, will establish a process of case assignment and review of conservatorships in existence on August 1, 2017, in each judicial district. The process must consider judicial workload, availability of judges, hearing schedules, the age of conservatorship cases, and other relevant factors to ensure the orderly review of existing conservatorships. The following elements must be included in the review process:

(a) Reviews of conservatorships in existence on August 1, 2017, must be completed within five years.

(b) At least twenty percent of existing conservatorships must be reviewed each year.

(c) Reviews must begin with the earliest established conservatorships and proceed to review of later established conservatorships.

Section 4.Review Result

Following review of each conservatorship, the court must determine whether the existing conservatorship will be continued, a new conservator appointed, or the conservatorship terminated.

Section 5.Effective Date

This order is effective October 1, 2017.

The Supreme Court of the State of North Dakota convened the 13th day of September, 2017, with the Honorable Gerald W. VandeWalle, Chief Justice, and the Honorable Daniel J. Crothers, the Honorable Lisa Fair McEvers, the Honorable Jerod E. Tufte and the Honorable Jon J. Jensen, Justices, directing the Clerk of the Supreme Court to enter the above order.

Penny Miller

Clerk

North Dakota Supreme Court

N.D. Sup. Ct. Admin. R. & Ord. Order 23

EXPLANATORY NOTE

Under this order, the review process remains in effect until August 1, 2022.

The state court administrator shall annually provide a summary of the disposition of cases reviewed under this process.

Reference: Supreme Court No. 20170342

Order 23 was adopted effective 10/1/2017; amended effective 8/11/2021.