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Assignment of judges to Family District Court
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48. (1) The Sixth Schedule to the Act of 1961 shall not apply to the assignment of an ordinary judge of the District Court to the Family District Court.
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(2) The President of the District Court may assign an ordinary judge of the District Court to be a judge of the Family District Court where he or she is satisfied that the judge concerned is, by reason of his or her training or experience and his or her temperament, a suitable person to deal with family law proceedings.
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(3) Subject to subsection (8), a person who, on and after the coming into operation of this section, is assigned as a judge of the Family District Court shall be so assigned—
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(a) for a term of not less than 3 years, or
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(b) until he or she reaches the appropriate age of judicial retirement as an ordinary judge of the District Court,
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whichever occurs first, and, in a case to which paragraph (a) relates, shall, on the expiry of the period referred to in that paragraph, be eligible for reassignment under subsection (2) as a judge of the Family District Court.
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(4) A person who is to be appointed, or who is appointed, an ordinary judge of the District Court who wishes to express an interest in being assigned by the President of the District Court under subsection (2) may forward an expression of such interest to the President of the District Court.
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(5) An expression of interest referred to in subsection (4) shall not be forwarded by the person expressing the interest to any person other than the President of the District Court.
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(6) An ordinary judge of the District Court who is assigned to a Family District Court district and who has completed 3 years as a judge of the Family District Court may request that his or her assignment be terminated.
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(7) Where the period of assignment of a judge of the Family District Court referred to in subsection (3)(a) expires, or is terminated pursuant to a request under subsection (6), the President of the District Court may at any time thereafter reassign the judge concerned to fill a vacancy for a judge in the District Court.
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(8) Where the President of the District Court, in consultation with the Principal Judge of the Family District Court, is satisfied that it is in the interests of the good administration of the District Court or the Family District Court to do so, he or she may—
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(a) reassign a judge of the Family District Court to the District Court, and
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(b) assign a new judge of the Family District Court under subsection (2) to take the place of the judge reassigned under paragraph (a).
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(9) Where a judge is reassigned under subsection (7) or (8)(a), he or she shall, at the request of the Principal Judge of the Family District Court, complete the hearing of any case that has been partly heard by him or her during his or her assignment as a judge of the Family District Court.
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