RULE 25. JUDGE; DISABILITY
Effective Date: 3/1/1990
Obsolete Date: 3/1/2006
(a) During Jury Trial. If, by reason of termination of office, death, sickness, or other disability, the judge before whom a jury trial has commenced is unable to proceed with the trial, a successor in office or any other judge regularly sitting in or assigned to the court, upon certifying familiarity with the record of the trial, may proceed with and complete the trial.
(b) After Verdict or Finding of Guilt. If, by reason of termination of office, absence, death, sickness, or other disability, the judge before whom the defendant has been tried is unable to perform the duties to be performed by the court after a verdict or finding of guilt, a successor in office or any other judge regularly sitting in or assigned to the court in which the action was tried may perform those duties; but if the substitute judge is satisfied that he or she cannot perform those duties for any reason, the substitute judge may order a new trial.
Rule 25 was amended, effective March 1, 1990; March 1, 2006.
Rule 25 is an adaptation of Fed.R.Crim.P. 25, but differs to the extent that it is designed to be applicable to the court system of North Dakota. Rule 25 covers those situations in which a judge may become disabled during a jury trial to the extent that the judge is precluded from completing the trial, and after trial to the extent the judge is unable to perform those duties necessary following a verdict of finding of guilt.
Rule 25 was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.
Rule 25 was amended, effective March 1, 2006, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Subdivision (a) describes the instances under which a judge may be disabled from completing a jury trial. This provision is consistent with N.D.C.C. § 27-02-05.1 (Administration by Supreme Court). It should be noted that subdivision (a) applies only to jury trials.
Subdivision (b) is applicable to both jury and court trials wherein the judge is unable to perform the judge's duties after a verdict or finding of guilt. This subdivision applies only to judicial disability after trial and not to the inability of the judge to perform after conviction on a plea of guilty. This provision is also consistent with N.D.C.C. § 27-02-05.1.
SOURCES: Joint Procedure Committee Minutes of January 27-28, 2005, pages 20-21; April 20, 1989, page 4; December 3, 1987, page 15; October 17-20, 1972, pages 24-28; September 26-27, 1968, pages 13-14; Fed.R.Crim.P. 25.
STATUTES AFFECTED:
SUPERSEDED FOR CRIMINAL PROCESS ONLY: N.D.C.C. § 27-07-23.
CONSIDERED: N.D.C.C. §§ 27-02-05.1, 27-08-34, 27-18-04.1.