1. A judge is disqualified from acting as a judge, without loss of salary, while there is pending: a. An indictment or an information charging the judge in the United States with a crime punishable as a felony under North Dakota or federal law; or b. A recommendation submitted by the commission to the supreme court for the judge's removal or retirement. 2. On recommendation of the commission or on its own motion, the supreme court may suspend a judge from office without salary when, in the United States, the judge pleads guilty or no contest or is found guilty of a crime punishable as a felony under North Dakota or federal law or of any other crime that involves moral turpitude under that law. If the judge's conviction is reversed, suspension terminates and the judge must be paid the salary for the period of suspension. If the judge is suspended and the conviction becomes final, the supreme court shall remove the judge from office. 3. On recommendation of the commission or a hearing panel of the commission, the supreme court may: a. Retire a judge for disability that seriously interferes with the performance of the judge's duties and is, or is likely to become, permanent; b. Transfer, with the possibility of reinstatement, a judge to incapacity inactive status; or c. Publicly censure or remove a judge for action that constitutes willful misconduct in office, willful failure to perform duties prescribed by law or by administrative rule of the supreme court, willful violation of the code of judicial conduct as adopted by the supreme court, or habitual intemperance. The commission may impose private, nonpublic discipline for minor misconduct that does not warrant public discipline or may direct disposition of allegations of misconduct in other manners considered appropriate. A proceeding under this section or implementing rules of the supreme court may not be instituted for alleged acts occurring more than six years before receiving a complaint. 4. A judge retired by the supreme court must be considered to have retired voluntarily. A judge removed by the supreme court is ineligible for judicial office, and pending further order of the court, the judge is suspended from practicing law in this state. 5. The supreme court shall make rules implementing this chapter and providing for confidentiality of proceedings. 6. The procedure provided for in this section may be used in addition to the impeachment proceedings provided for in the Constitution of North Dakota as applicable to district and supreme court judges. 7. The commission may employ or share the employment of such officers, assistants, and other employees as it deems necessary for the performance of the duties and exercise of the powers conferred upon the commission; may arrange for and compensate medical and other experts and reporters; may arrange for attendance of witnesses, including witnesses not subject to subpoena; and may pay from funds available to it all expenses reasonably necessary for effectuating the purposes of this chapter, whether or not specifically enumerated herein. The attorney general shall, if requested by the commission, act as its counsel generally or in any particular investigation or proceeding. The commission may employ special counsel from time to time whenever it deems necessary. 8. Each member of the commission must be allowed expenses for travel, board, and lodging incurred in the performance of official duties, as provided in sections 44 -08-04 and 54-06-09. 9. An act of the commission or hearing panel is not valid unless concurred in by at least a majority of its members.
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