27-02.1-02. Number, assignment, and compensation of judges. (Effective through
January 1, 2034)
1. The supreme court may provide for the assignment of active or retired district court
judges, retired justices of the supreme court, and lawyers, to serve on three-judge
panels of the temporary court of appeals if the chief justice certifies to the governor
that the supreme court has disposed of two hundred fifty cases in the twelve months
preceding September first of any year. Assignments may be made for a time certain,
not to exceed one year from the date of assignment, or specifically for one or more
cases on the docket of the supreme court.
2. An active or retired district court judge serving on the temporary court of appeals may
not be assigned to hear cases in which the judge participated while serving on the
district court. An active district court judge may not be assigned to hear cases that
originated in the judicial district of the judge.
3. An active district court judge serving on the temporary court of appeals is not entitled
to additional compensation, but is entitled to reimbursement for expenses as provided
by sections 44-08-04 and 54-06-09.
4. Retired justices of the supreme court, retired district court judges, and lawyers serving
as judges on panels of the temporary court of appeals are entitled to receive as
compensation for each day of service in the performance of duties pursuant to the
assignment an amount equal to five percent of the gross monthly salary as provided
for a regularly elected or appointed justice of the supreme court, or one-half of the
daily compensation for services of one-half day or less. The compensation must be
paid upon certification by the judge that the services were performed for the number of
days shown on the certificate and must be paid in the same manner as the salaries of
the regularly elected or appointed judges are paid.
