1. Notwithstanding section 44-02-03, when a vacancy occurs in the office of district court judge, the supreme court shall determine, within ninety days of receiving notice of the vacancy from the governor and in consultation with the judges and attorneys in the affected judicial district, whether that office is necessary for effective judicial administration or whether the district judgeship may be transferred to another location to fulfill a need for judicial services. The supreme court may, consistent with that determination, order that: a. The vacancy be filled in the manner provided pursuant to chapter 27-25; b. The vacant office be transferred to a judicial district in which an additional judge is necessary for effective judicial administration, and that the vacancy be filled in the manner provided pursuant to chapter 27-25 with respect to that judicial district; or c. The vacant office be abolished with or without transfer of a district judgeship as provided in subsection 3. 2. For purposes of subsection 1, a vacancy is also only deemed to have occurred in the office of district judge if the judge in the affected office declares the intention not to seek re-election or if a judge fails to timely file a petition for candidacy with the secretary of state pursuant to section 16.1 -11-06. The secretary of state shall immediately notify the supreme court if a judge fails to timely file a petition. The supreme court may establish by rule procedures for providing notice of the intention not to seek re-election. The supreme court, within ninety days of receiving notice of a judge's intention not to seek re-election or within twenty -one days of receiving notice that a judge has failed to timely file a petition for candidacy, shall determine whether the office is necessary for effective judicial administration. The supreme court shall consult with the judges and attorneys of the affected judicial district in making the determination. The supreme court, consistent with that determination, may order any disposition available under subsection 1. The supreme court shall notify the secretary of state of its determination. 3. The supreme court may transfer a district judgeship to any location in which a judge is necessary for effective judicial administration. 4. The supreme court shall notify the governor of its determinations made pursuant to this section.
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