Summary
The North Dakota Supreme Court accepted an Affidavit of Consent and Agreement concerning Judge Richard L. Hagar's failure to timely decide several assigned matters. The Court censured Judge Hagar for violating Canon 3(B)(1) and Canon 3(B)(8) of the North Dakota Code of Judicial Conduct and ordered him to pay $500 in costs.
Topics
Practice areas
Questions Presented
- Whether the Supreme Court should accept the Affidavit of Consent and Agreement and the Hearing Panel's recommendation for discipline.
- Whether Judge Hagar should be censured for violating Canon 3(B)(1) and Canon 3(B)(8) of the North Dakota Code of Judicial Conduct.
- Whether Judge Hagar should be ordered to pay $500 in costs and expenses of the disciplinary proceeding.
Holdings
- The Supreme Court accepted and adopted the Affidavit of Consent and Agreement and the Hearing Panel's recommendation.
- Judge Hagar violated Canon 3(B)(1), requiring a judge to hear and decide assigned matters except those requiring disqualification, and Canon 3(B)(8), requiring a judge to dispose of judicial matters promptly, efficiently, and fairly.
- Judge Hagar was censured and ordered to pay $500 in costs and expenses of the disciplinary proceeding.
Key quotations
“Judge Richard Hagar is CENSURED for his violations of Canon 3(B)(1), N.D.Code Jud. Conduct, which provides a judge shall hear and decide matters assigned to the judge except those in which disqualification is required, and Canon 3(B)(8), N.D.Code Jud. Conduct, which provides a judge shall dispose of all judicial matters promptly, efficiently and fairly.” (¶ 6)
Factual background
Judge Richard L. Hagar failed to promptly decide multiple cases assigned to him, including cases in which trials occurred months or years before he entered findings, conclusions, and judgments. The Presiding Judge of the Northwest Judicial District reassigned Hagar's new case assignments for thirty days and directed him to devote full time to bringing his docket current. Despite counseling and encouragement, Hagar did not satisfy his obligation to decide assigned matters promptly. Hagar acknowledged the alleged misconduct and consented to censure.
Procedural history
The Judicial Conduct Commission filed formal charges alleging that Judge Hagar failed to promptly decide multiple matters. Hagar answered the charges and entered into an agreement for discipline by consent. The Hearing Panel accepted the agreement and forwarded it to the Supreme Court. The Supreme Court initially remanded the matter for inclusion of a written docket-currency plan, then adopted the agreement and recommendation after receiving the plan.