SUPREME COURT APPROVES
NEW RULE ON SPECIALIZED DOCKETS
MIKE HAGBURG
Attorney at Law
The Supreme Court took a step towards
expanding problem-solving courts in North
Dakota on Sept. 19, when it approved
new Administrative Rule 60 creating “an
interdisciplinary committee on specialized
dockets.” The new rule takes effect Jan. 1,
2019.
The state has had problem-solving courts
for more than a decade. There are adult drug
courts in Bismarck, Fargo, Grand Forks, and
Minot, and juvenile drug courts in these
cities plus Devils Lake, Jamestown, and
Valley City. There is also a domestic violence
court in Grand Forks that has been operating
since 2016 and a DUI court in Wahpeton.
The purpose of the committee established
by Rule 60 is to “acquire and analyze
relevant information related to the need for
and feasibility of establishing specialized
dockets.” Under the rule, “specialized docket”
means “a juvenile or district court that
oversees a therapeutic program comprised
of interdisciplinary teams, enhanced judicial
involvement, court-supervised treatment
programs, and other components designed
to achieve effective alternatives to traditional
case dispositions.”
According to a study by the Department
of Justice Bureau of Justice Statistics,
drug courts are the most common type
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THE GAVEL
of problem-solving court in the United
States, with more than 1,000 active in the
country. Other types of these courts include
mental health, domestic violence, and
veterans courts. Minnesota calls these courts
“treatment courts” and is trying out most
of the types, including a family dependency
treatment court: “a juvenile or family court
docket of which selected abuse, neglect,
and dependency cases are identified where
parental substance abuse is a primary factor.”
The membership of North Dakota’s new
interdisciplinary committee on specialized
dockets will consist of a Supreme Court
justice, two district judges, and, if agreed
to by their departments, a representative of
the Department of Human Services and
the Department of Corrections. The state
court administrator or designee will also be
a member. The rule allows the committee
chair to appoint temporary members to
help review particular specialized docket
proposals.
The committee’s primary work will be to
consider requests for the establishment
of specialized dockets. The committee is
required to promptly review information
supporting each specialized docket request
and analyze it to determine the need for
a proposed court. It will then submit its
conclusions to the Supreme Court.
The rule requires the committee to address
specific factors as it carries out its reviews,
including the funding required for a
proposed court and the funding source;
whether proposed services are needed in
a particular geographic area; availability
of adequate judicial resources to support
a particular court; availability of potential
specialized docket team members;
population of eligible participants in
the locality of a proposed court; and the
availability of treatment resources in a
proposed court’s area of operation.
The rule allows the Supreme Court to
withdraw approval or suspend operation of
a specialized docket if adequate funding,
judicial resources, or support services are
not available or if the specialized docket
is not effectively addressing the needs for
which it was created.
In addition to approving the new
specialized dockets committee rule,
the Supreme Court has also amended
Administrative Rule 13 on judicial referees
effective Jan. 1, 2019. The Court expanded
the scope of duties delegable to a judicial
referee to include presiding in proceedings
under N.D.C.C. ch. 30.1-29, which
covers the protection of the property of
disabled persons and minors. North Dakota
currently has judicial referees in the East
Central, North Central, and South Central
Judicial Districts.
New Administrative Rule 60 and the
amendments to Administrative Rule 13 are
available on the North Dakota Supreme
Court website, www.ndcourts.gov.