N.D. Cent. Code § 34-08-12

Current through 2023 Legislative Sessions

Section 34-08-12 - Change of judge to hear contempt charge - Demand required

The defendant in any proceeding for contempt of court arising out of matters covered by the provisions of this chapter may file with the court, prior to the hearing in such proceeding, a demand for the retirement of the judge sitting in the proceeding if:

1. The contempt is alleged to have arisen from an attack upon the character or conduct of such judge; and

2. The attack which is alleged to be the basis of such proceeding occurred elsewhere than in the presence of the court or so near thereto as to interfere directly with the administration of justice.

Upon the filing of such demand, the judge shall proceed no further in the matter and another judge must be designated by the supreme court to hear the same.

N.D.C.C. § 34-08-12