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ND SB2102

ND SB2102
A written demand for change of judge; and to provide for application.


summary

Introduced
01/07/2025
In Committee
01/20/2025
Crossed Over
Passed
Dead
05/03/2025

Introduced Session

69th Legislative Assembly

Bill Summary

A BILL for an Act to amend and reenact section 29-15-21 of the North Dakota Century Code, relating to a written demand for change of judge; and to provide for application.

AI Summary

This bill amends North Dakota's law regarding judicial recusal by modifying the process for demanding a change of judge in civil and criminal proceedings. The bill clarifies and updates the existing rules for filing a demand for judicial change, including specific requirements for when and how such a demand can be made. Key changes include requiring the demand to state the reason for seeking a judge's change, specifying that the demand must be filed within ten days of certain events (such as notice of trial scheduling or judge assignment), and establishing that the judge sought to be disqualified cannot determine the validity of the demand. The bill also outlines that a judge must immediately step back upon receiving a valid demand and that the presiding judge of the judicial district will assign a replacement judge. Additionally, the bill provides that multiple demands for judicial change have specific limitations, such as restricting subsequent demands within five days of a judge's assignment. The legislation applies only to civil or criminal actions commenced after the bill's effective date, ensuring it does not retroactively impact existing cases.

Committee Categories

Justice

Sponsors (2)

Last Action

Second reading, failed to pass, yeas 4 nays 43 (on 01/21/2025)

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