2005 Annual Report: North Dakota Supreme Court

North Dakota Courts Annual Report 2005

Judicial Conduct Commission
The Judicial Conduct Commission was established in 1975 to receive, investigate, and evaluate complaints against any judges or officers of the judicial system in this state and, when necessary, conduct hearings concerning the discipline, removal or retirement of any judge.
The procedures of the Commission are set forth in the North Dakota Rules of the Judicial Conduct Commission. Significant procedural changes effective August 1, 1997, included evaluation of the complaint and summary dismissal by Disciplinary Counsel, after providing an opportunity for Commission members to request further consideration. An admonition (formerly a private censure) requires the consent of the judge. Complaints are filed with Disciplinary Counsel for the Commission. The Supreme Court must take final action on public censure, removal, suspension, retirement, or other public discipline against a judge.

The number of complaints against judges in 2005 was up by one from those filed in 2004. The majority were dismissed as being without merit because complainants frequently believe the Commission has the authority to change a judge’s decision or influence trial proceedings in some way.

The table, which follows, includes a summary of the nature and the disposition of complaints filed with the Judicial Conduct Commission in 2005.

New Complaints Opened in 2005	61
General Nature of Complaints: Administrative irregularity Bias, discrimination/partiality Corruption/bribery Conflict of interest Delay court business Ex parte communications Improper conduct on bench Improper decision/ruling Incompetence as judge No specific allegation Political activity Reputation of judicial office Other	1 5 1 2 1 1 5 39 2 1 1 1 1
TOTAL	61
Complaint Files Carried Over from 2004	20
Total Files Pending Consideration in 2005	81
Disposition of Complaints: Dismissed Summarily Dismissed Admonition Total 2005 Dispositions	2 57 2 61
Total 2005 Dispositions	61
Complaint Files Pending as of 12/31/05	20

Of the new complaints filed in 2005:

10 were against 6 Supreme Court Judges
46 were against 32 District Court Judges
1 was against an Alternate Municipal Court Judge
3 were against Judicial Referees
1 was against a Municipal Judge