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) now requires the consent of the judge. Complaints are now filed with Disciplinary Counsel for the Commission, with the Clerk of the Supreme Court relieved of all ex officio administrative duties for the Commission. As before, 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 2004 was up by sixteen from those filed in 2003. 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 2004.
New Complaints Opened in 2004 | 60 |
| General Nature of Complaints: Bias, discrimination/partiality Corruption/bribery Criminal behavior Election violations Ex parte communications Failure to disqualify General demeanor/decorum Improper conduct on bench Improper decision/ruling Other Loss of Temper | 7 1 1 1 2 2 1 4 39 1 1 |
TOTAL | 60 |
Complaint Files Carried Over from 2003 | 10 |
Total Files Pending Consideration in 2004 | 70 |
Disposition of Complaints: | 48 1 1 |
Total 2004 Dispositions | 50 |
Complaint Files Pending as of 12/31/04 | 20 |