23.8016.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2045
of North Dakota
Introduced by
Judiciary Committee
(At the request of the Supreme Court)
1 A BILL for an Act to amend and reenact sections 27-02.1-01, 27-02.1-02, 27-02.1-03,
2 27-02.1-04, 27-02.1-05, 27-02.1-06, 27-02.1-07, 27-02.1-08, and 27-02.1-09 of the North
3 Dakota Century Code, relating to the temporary court of appeals; and to provide an expiration
4 date.
5 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
6 SECTION 1. AMENDMENT. Section 27-02.1-01 of the North Dakota Century Code is
7 amended and reenacted as follows:
8 27-02.1-01. Temporary court of appeals established - Jurisdiction - Writ authority -
9 Administration. (Effective through January 1, 20242034)
10 A temporary court of appeals is established to exercise appellate and original jurisdiction as
11 delegated by the supreme court. Panels of the temporary court of appeals may issue original
12 and remedial writs necessary to properly exercise jurisdiction in cases assigned to them. The
13 panels of the temporary court of appeals are subject to administration by the supreme court
14 pursuant to sections 3 and 8 of article VI of the Constitution of North Dakota.
15 SECTION 2. AMENDMENT. Section 27-02.1-02 of the North Dakota Century Code is
16 amended and reenacted as follows:
17 27-02.1-02. Number, assignment, and compensation of judges. (Effective through
18 January 1, 20242034)
19 1. The supreme court may provide for the assignment of active or retired district court
20 judges, retired justices of the supreme court, and lawyers, to serve on three-judge
21 panels of the temporary court of appeals if the chief justice certifies to the governor
22 that the supreme court has disposed of two hundred fifty cases in the twelve months
23 preceding September first of any year. Assignments may be made for a time certain,
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1 not to exceed one year from the date of assignment, or specifically for one or more
2 cases on the docket of the supreme court.
3 2. An active or retired district court judge serving on the temporary court of appeals may
4 not be assigned to hear cases in which the judge participated while serving on the
5 district court. An active district court judge may not be assigned to hear cases that
6 originated in the judicial district of the judge.
7 3. An active district court judge serving on the temporary court of appeals is not entitled
8 to additional compensation, but is entitled to reimbursement for expenses as provided
9 by sections 44-08-04 and 54-06-09.
10 4. Retired justices of the supreme court, retired district court judges, and lawyers serving
11 as judges on panels of the temporary court of appeals are entitled to receive as
12 compensation for each day of service in the performance of duties pursuant to the
13 assignment an amount equal to five percent of the gross monthly salary as provided
14 for a regularly elected or appointed justice of the supreme court, or one-half of the
15 daily compensation for services of one-half day or less. The compensation must be
16 paid upon certification by the judge that the services were performed for the number of
17 days shown on the certificate and must be paid in the same manner as the salaries of
18 the regularly elected or appointed judges are paid.
19 SECTION 3. AMENDMENT. Section 27-02.1-03 of the North Dakota Century Code is
20 amended and reenacted as follows:
21 27-02.1-03. Assignment and reassignment of cases - Quorum for decision of cases -
22 Authority in furtherance of jurisdiction. (Effective through January 1, 20242034)
23 1. Panels of the temporary court of appeals have jurisdiction to hear and to decide all
24 cases assigned by the supreme court.
25 2. The supreme court may order reassignment of any case from a panel of the temporary
26 court of appeals to the supreme court.
27 3. A majority of the three judges of a panel of the temporary court of appeals hearing a
28 case is necessary to pronounce a decision.
29 4. When a judgment or order is reversed, modified, or confirmed by a panel of the
30 temporary court of appeals, the reasons must be concisely stated in writing, signed by
31 the judges concurring, filed in the office of the clerk of the supreme court, and
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1 preserved with the record of the case. Any judge concurring or dissenting may give the
2 reasons for the judge's concurrence or dissent in writing over the judge's signature.
3 SECTION 4. AMENDMENT. Section 27-02.1-04 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 27-02.1-04. Administration - Employees and clerical assistance - Court of record -
6 Place of sessions. (Effective through January 1, 20242034)
7 1. The clerk of the supreme court shall provide clerk services to panels of the temporary
8 court of appeals.
9 2. Panels of the temporary court of appeals may hold court in any place the panel
10 considers convenient and efficient for conducting its business.
11 3. All proceedings of the panels of the temporary court of appeals must be pursuant to
12 the rules adopted by the supreme court.
13 SECTION 5. AMENDMENT. Section 27-02.1-05 of the North Dakota Century Code is
14 amended and reenacted as follows:
15 27-02.1-05. Chief judge. (Effective through January 1, 20242034)
16 The chief justice of the supreme court shall designate a chief judge of each panel of the
17 temporary court of appeals who shall preside pursuant to rules of the supreme court.
18 SECTION 6. AMENDMENT. Section 27-02.1-06 of the North Dakota Century Code is
19 amended and reenacted as follows:
20 27-02.1-06. Review of decisions of panels. (Effective through January 1, 20242034)
21 Any party in interest who is aggrieved by a judgment or order of a panel of the temporary
22 court of appeals may petition the supreme court for review of the judgment or order pursuant to
23 rules of the supreme court. Upon the filing of a petition for review by the supreme court, the
24 order or judgment and mandate of the panel of the temporary court of appeals is stayed
25 pending action of the supreme court. The supreme court has discretion to grant or deny the
26 petition.
27 SECTION 7. AMENDMENT. Section 27-02.1-07 of the North Dakota Century Code is
28 amended and reenacted as follows:
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1 27-02.1-07. Right to appeal not created. (Effective through January 1, 20242034)
2 This chapter does not provide or create a right of appeal if that right is not otherwise
3 provided by law. An appeal assigned to a panel of the temporary court of appeals fulfills the
4 right of appeal provided by section 28-27-02.
5 SECTION 8. AMENDMENT. Section 27-02.1-08 of the North Dakota Century Code is
6 amended and reenacted as follows:
7 27-02.1-08. Unitary appeal - Filing of appeal - Filing fee. (Effective through January 1,
8 20242034)
9 All appeals must be treated as one appeal process under the jurisdiction of the supreme
10 court. In any appeal there may be only one filing and one filing fee required. The filing fee is as
11 prescribed by section 27-03-05.
12 SECTION 9. AMENDMENT. Section 27-02.1-09 of the North Dakota Century Code is
13 amended and reenacted as follows:
14 27-02.1-09. Publication of opinions. (Effective through January 1, 20242034)
15 Opinions of the panels of the temporary court of appeals may be published pursuant to
16 rules of the supreme court.
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Statutes affected:
INTRODUCED: 27-02.1-01, 27-02.1-02, 27-02.1-03, 27-02.1-04, 27-02.1-05, 27-02.1-06, 27-02.1-07, 27-02.1-08, 27-02.1-09
Enrollment: 27-02.1-01, 27-02.1-02, 27-02.1-03, 27-02.1-04, 27-02.1-05, 27-02.1-06, 27-02.1-07, 27-02.1-08, 27-02.1-09