N.D. Cent. Code § 27-20.4-24 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-24
27-20.4-24. Reasonable efforts to prevent removal or to reunify - When required
Status: in_force

27-20.4-24. Reasonable efforts to prevent removal or to reunify - When required

1. As used in this section, "reasonable efforts" means the exercise of due diligence, by

the agency granted authority over the child under this chapter, to use appropriate and

available services to meet the needs of the child and the child's family in order to

prevent removal of the child from the child's family or, after removal, to use appropriate

and available services to eliminate the need for removal, to reunite the child and the

child's family, and to maintain family connections. In determining reasonable efforts to

be made with respect to a child under this section, and in making reasonable efforts,

the child's health and safety must be the paramount concern.

2. Except as provided in subsection 4, reasonable efforts must be made to preserve

families, reunify families, and maintain family connections:

a. Before the placement of a child in foster care, to prevent or eliminate the need for

removing the child from the child's home;

b. To make it possible for a child to return safely to the child's home;

c. Whether and, if applicable, to place siblings in the same foster care, relative,

guardianship, or adoptive placement, unless it is determined that such a joint

placement would be contrary to the safety or well-being of any of the siblings; and

d. In the case of siblings removed from the home of the siblings who are not jointly

placed, to provide for frequent visitation or other ongoing interaction between the

siblings, unless it is contrary to the safety or well-being of any of the siblings.

3. If the court or the child's custodian determined that continuation of reasonable efforts,

as described in subsection 2, is inconsistent with the permanency plan for the child,

reasonable efforts must be made to place the child in a timely manner in accordance

with the permanency plan and to complete whatever steps are necessary to finalize

the permanent placement of the child.

4. Reasonable efforts of the type described in subsection 2 are not required if:

a. A court of competent jurisdiction has determined a parent has subjected a child to

aggravated circumstances; or

b. The parental rights of the parent, with respect to another child of the parent, have

been involuntarily terminated.

5. Efforts to place a child for adoption, with a fit and willing relative or other appropriate

individual as a legal guardian, or in another planned permanent living arrangement,

may be made concurrently with reasonable efforts of the type described in

subsection 2.

6. Removal of a child from the child's home for placement in foster care must be based

on judicial findings stated in the court's order, and determined on a case-by-case basis

in a manner that complies with the requirements of titles IV-B and IV-E of the federal

Social Security Act [42 U.S.C. 620 et seq. and 42 U.S.C. 6701 et seq.], as amended,

and federal regulations adopted under those federal laws, provided that this

subsection may not provide a basis for overturning an otherwise valid court order.

7. For the purpose of section 27-20.3-17, reasonable efforts were made under this

section to meet the child's needs before a foster care placement for a child remaining

in care for continued foster care purposes.
N.D. Cent. Code § 27-09.1-11 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-11
27-09.1-11. Excuses from jury service
Status: in_force

27-09.1-11. Excuses from jury service

1. The court, upon request of a prospective juror or on its own initiative, shall determine

on the basis of information provided on the juror qualification form or interview with the

prospective juror or other competent evidence whether the prospective juror should be

excused from jury service. The clerk shall enter this determination in the space

provided on the juror qualification form.

2. A person who is not disqualified for jury service may be excused from jury service by

the court upon a showing of undue hardship, extreme inconvenience, or public

necessity, for a period the court deems necessary, at the conclusion of which the

person shall reappear for jury service in accordance with the court's direction.
N.D. Cent. Code § 27-13-04 — ND Code / Title 27 / Chapter 27-13 / Section 27-13-04
27-13-04. Court may require proof of attorney's authority - Proceedings stayed until proof furnished
Status: in_force

27-13-04. Court may require proof of attorney's authority - Proceedings stayed until

proof furnished.

A court, on motion of either party and on the showing of reasonable grounds therefor, may

require the attorney for the adverse party, or for any one of the several adverse parties, to

produce or prove by the attorney's oath or otherwise the authority under which the attorney

appears and until the attorney does so may stay all proceedings by that attorney on behalf of

the parties for whom that attorney assumes to appear.
N.D. Cent. Code § 27-20.2-18 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-18
27-20.2-18. Guardian ad litem - Immunity
Status: in_force

27-20.2-18. Guardian ad litem - Immunity

The court at any stage of a proceeding under this chapter, on application of a party or on

motion of the court, shall appoint a guardian ad litem for a child who is a party to the proceeding

if the child has no parent, guardian, or custodian appearing on the child's behalf or the interests

of the parent, guardian, or custodian conflict with the child's or in any other case in which the

interests of the child require a guardian. A party to the proceeding or that party's employee or

representative may not be appointed. A guardian ad litem appointed under this section is

immune from civil liability for damages for any act or omission arising out of that individual's

duties and responsibilities as a guardian ad litem, unless the act or omission constitutes gross

or willful negligence or gross or willful misconduct.
N.D. Cent. Code § 27-09.1-06 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-06
27-09.1-06. Master jury wheel
Status: repealed

27-09.1-06. Master jury wheel

Repealed by S.L. 1991, ch. 332, § 9.
N.D. Cent. Code § 27-20.3-18 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-18
27-20.3-18. Reasonable efforts to prevent removal or to reunify - When required
Status: in_force

27-20.3-18. Reasonable efforts to prevent removal or to reunify - When required

1. As used in this section, "reasonable efforts" means the exercise of due diligence, by

the agency granted authority over the child under this chapter, to use appropriate and

available services to meet the needs of the child and the child's family in order to

prevent removal of the child from the child's family or, after removal, to use appropriate

and available services to eliminate the need for removal, to reunite the child and the

child's family, and to maintain family connections. In determining reasonable efforts to

be made with respect to a child under this section, and in making reasonable efforts,

the child's health and safety must be the paramount concern.

2. Except as provided in subsection 4, reasonable efforts must be made to preserve

families, reunify families, and maintain family connections:

a. Before the placement of a child in foster care, to prevent or eliminate the need for

removing the child from the child's home;

b. To make it possible for a child to return safely to the child's home;

c. Whether and, if applicable, to place siblings in the same foster care, relative,

guardianship, or adoptive placement, unless it is determined that such a joint

placement would be contrary to the safety or well-being of any of the siblings; and

d. In the case of siblings removed from the home of the siblings who are not jointly

placed, to provide for frequent visitation or other ongoing interaction between the

siblings, unless it is contrary to the safety or well-being of any of the siblings.

3. If the court or the child's custodian determined that continuation of reasonable efforts,

as described in subsection 2, is inconsistent with the permanency plan for the child,

reasonable efforts must be made to place the child in a timely manner in accordance

with the permanency plan and to complete steps that are necessary to finalize the

permanent placement of the child.

4. Reasonable efforts of the type described in subsection 2 are not required if:

a. A court of competent jurisdiction has determined a parent has subjected a child to

aggravated circumstances; or

b. The parental rights of the parent, with respect to another child of the parent, have

been involuntarily terminated.

5. Efforts to place a child for adoption, with a fit and willing relative or other appropriate

individual as a legal guardian, or in another planned permanent living arrangement,

may be made concurrently with reasonable efforts of the type described in

subsection 2.

6. Removal of a child from the child's home for placement in foster care must be based

on judicial findings stated in the court's order, and determined on a case-by-case basis

in a manner that complies with the requirements of titles IV-B and IV-E of the federal

Social Security Act [42 U.S.C. 620 et seq. and 42 U.S.C. 6701 et seq.], as amended,

and federal regulations adopted under this federal Act, provided that this subsection

may not provide a basis for overturning an otherwise valid court order.

7. For the purpose of section 27-19.1-01, reasonable efforts were made under this

section to meet the child's needs before a foster care placement for a child remaining

in care for continued foster care purposes.
N.D. Cent. Code § 27-21-01 — ND Code / Title 27 / Chapter 27-21 / Section 27-21-01
27-21-01. Creation of division of juvenile services - Director
Status: in_force

27-21-01. Creation of division of juvenile services - Director

A division of juvenile services is hereby created and established with the powers and duties

prescribed by this chapter. The division of juvenile services must be created within the

department of corrections and rehabilitation, and its chief administrative officer must be

appointed by the director of the department of corrections and rehabilitation and must be known

as the director of the division of juvenile services. On July 27, 1989, each child committed to the

custody of the state youth authority will, by operation of law, be committed to the custody of the

division of juvenile services subject to the order committing the child.
N.D. Cent. Code § 27-09.1-10 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-10
27-09.1-10. No exemptions
Status: in_force

27-09.1-10. No exemptions

No qualified prospective juror is exempt from jury service.
N.D. Cent. Code § 27-20.3-01 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-01
27-20.3-01. Definitions (Effective through July 31, 2027)
Status: in_force

27-20.3-01. Definitions. (Effective through July 31, 2027)

As used in this chapter:

1. "Abandon" means:

a. As to a parent of a child not in the custody of that parent, failure by the

noncustodial parent significantly without justifiable cause:

(1) To communicate with the child; or

(2) To provide for the care and support of the child as required by law; or

b. As to a parent of a child in that parent's custody:

(1) To leave the child for an indefinite period without making firm and agreed

plans, with the child's immediate caregiver, for the parent's resumption of

physical custody;

(2) Following the child's birth or treatment at a hospital, to fail to arrange for the

child's discharge within ten days after the child no longer requires hospital

care; or

(3) Willfully to fail to furnish food, shelter, clothing, or medical attention

reasonably sufficient to meet the child's needs.

2. "Abandoned infant" means a child who has been abandoned before reaching the age

of one year.

3. "Aggravated circumstances" means circumstances in which a parent:

a. Abandons, tortures, chronically abuses, or sexually abuses a child;

b. Fails to make substantial, meaningful efforts to secure treatment for the parent's

addiction, mental illness, behavior disorder, or any combination of those

conditions for one year;

c. Engages in conduct prohibited under sections 12.1-20-01 through 12.1-20-08 or

chapter 12.1-27.2, in which a child is the victim or intended victim;

d. Engages in conduct that constitutes one of the following crimes, or of an offense

under the laws of another jurisdiction which requires proof of substantially similar

elements:

(1) A violation of section 12.1-16-01, 12.1-16-02, 12.1-16-03, or 14-09-22 in

which the victim is another child of the parent;

(2) Aiding, abetting, attempting, conspiring, or soliciting a violation of section

12.1-16-01, 12.1-16-02, or 12.1-16-03 in which the victim is a child of the

parent; or

(3) A violation of section 12.1-17-02 in which the victim is a child of the parent

and has suffered serious bodily injury;

e. Engages or attempts to engage in conduct, prohibited under sections 12.1-17-01

through 12.1-17-04, in which a child is the victim or intended victim;

f. In the case of a child age nine or older, has been incarcerated under a sentence

for which the latest release date is after the child's age of majority;

g. Subjects the child to prenatal exposure to chronic or severe use of alcohol or any

controlled substance as defined in chapter 19-03.1 in a manner not lawfully

prescribed by a practitioner; or

h. Allows the child to be present in an environment subjecting the child to exposure

to a controlled substance, chemical substance, or drug paraphernalia as

prohibited by section 19-03.1-22.2.

4. "Certified shelter care" means a nonsecure permanent dwelling operated by an

agency certified by the department of health and human services, where employees

offer safe shelter, food, and a structured routine, and which is available twenty-four

hours a day to a resident in need of emergency placement, not to exceed seven days,

unless otherwise approved by the department.

5. "Child in need of protection" means a child who:

a. Is without proper parental care or control, subsistence, education as required by

law, or other care or control necessary for the child's physical, mental, or

emotional health, or morals, and the need for services or protection is not due

primarily to the lack of financial means of the child's parents, guardian, or other

custodian;

b. Has been placed for care or adoption in violation of law;

c. Has been abandoned by the child's parents, guardian, or other custodian;

d. Is without proper parental care, control, or education as required by law, or other

care and control necessary for the child's well-being because of the physical,

mental, emotional, or other illness or disability of the child's parent or parents,

and that such lack of care is not due to a willful act of commission or act of

omission by the child's parents, and care is requested by a parent;

e. Is in need of treatment and whose parents, guardian, or other custodian have

refused to participate in treatment as ordered by the juvenile court;

f. Was subject to prenatal exposure to chronic or severe use of alcohol or any

controlled substance as defined in chapter 19-03.1 in a manner not lawfully

prescribed by a practitioner;

g. Is present in an environment subjecting the child to exposure to a controlled

substance, chemical substance, or drug paraphernalia as prohibited by section

19-03.1-22.2;

h. Is a victim of human trafficking as defined in title 12.1; or

i. Is in need of care and treatment and:

(1) Has been diagnosed with a severe mental health condition or behavioral

health disorder by a licensed child psychologist or psychiatrist;

(2) Has committed an act of a violent or sexual nature against another family

member living in the household, which if committed by an adult would be

considered a crime under the laws of this state, and if the criteria under

section 27-20.4-11 are met, has at minimum been considered for informal

adjustment; and

(3) Whose parent is unable to provide proper control of the child and is in fear

for the safety of a family member living in the same household as the child.

6. "Child in need of services" means a child who:

a. Is habitually and without justification truant from school subject to compulsory

school attendance and is absent from school without an authorized excuse more

than three days during a school year;

b. Is habitually disobedient of the reasonable and lawful commands of the child's

parent, guardian, or other custodian, including running away, and is ungovernable

or who is willfully in a situation dangerous or injurious to the health, safety, or

morals of the child or others;

c. Has committed an offense applicable only to a child, except for an offense

committed by a minor fourteen years of age or older under subsection 2 of

section 12.1-31-03 or an equivalent local ordinance or resolution; or

d. Is under the age of fourteen years and has purchased, possessed, smoked, or

used tobacco, a tobacco-related product, an electronic smoking device, or an

alternative nicotine product in violation of subsection 2 of section 12.1-31-03. As

used in this subdivision, "electronic smoking device" and "alternative nicotine

product" have the same meaning as in section 12.1-31-03; and

e. In any of the foregoing instances is in need of treatment or rehabilitation.

7. "Custodian" means a person, other than a parent or legal guardian, which stands in

loco parentis to the child and a person to which legal custody of the child has been

given by order of a court.

8. "Diversion" means an intervention strategy that redirects a child away from formal

processing in the juvenile justice system, while still holding the child accountable for

that child's actions.

9. "Fit and willing relative or other appropriate individual" means a relative or other

individual who has been determined, after consideration of an assessment that

includes a criminal history record investigation under chapter 50-11.3, to be a qualified

individual under chapters 27-20.1 and 30.1-27, and who consents in writing to act as a

legal guardian.

10. "Home" as used in the phrase "to return home" means the abode of the child's parent

with whom the child formerly resided.

11. "Human service zone" means a county or consolidated group of counties

administering human services within a designated area in accordance with an

agreement or plan approved by the department of health and human services.

12. "Permanency hearing" means a hearing, conducted with respect to a child who is in

foster care, to determine the permanency plan for the child which includes the

following:

a. Whether and, if applicable, when the child will be returned to the parent.

b. Whether and, if applicable, when the child will be placed for adoption and the

state will file a petition for termination of parental rights.

c. Whether and, if applicable, when a fit and willing relative or other appropriate

individual will be appointed as a legal guardian.

d. Whether and, if applicable, to place siblings in the same foster care, relative,

guardianship, or adoptive placement, unless it is determined that the joint

placement would be contrary to the safety or well-being of any of the siblings.

e. Whether and, if applicable, in the case of siblings removed from the home of the

siblings who are not jointly placed, to provide for frequent visitation or other

ongoing interaction between the siblings, unless it is determined to be contrary to

the safety or well-being of any of the siblings.

f. In cases in which a compelling reason has been shown that it would not be in the

child's best interests to return home, to have parental rights terminated, to be

placed for adoption, to be placed with a fit and willing relative, or to be placed with

a legal guardian, whether and, if applicable, when the child, aged sixteen or older,

will be placed in another planned permanent living arrangement. The court shall:

(1) Ask the child whether the child has a desired permanency outcome of

another planned permanent living arrangement;

(2) Make a judicial determination explaining why another planned permanent

living arrangement is the best permanency plan for the child; and

(3) Identify the compelling reasons it continues not to be in the best interest of

the child to return home, be placed for adoption, be placed with a legal

guardian, or be placed with a fit and willing relative.

g. In the case of a child who has been placed in foster care outside the state in

which the home of the parents is located, or if the parents maintain separate

homes, outside the state in which the home of the parent who was the child's

primary caregiver is located, whether out-of-state placements have been

considered. If the child is currently in an out-of-state placement, the court shall

determine whether the placement continues to be appropriate and in the child's

best interests.

h. In the case of a child who has attained age fourteen, the services needed to

assist the child to make the transition to successful adulthood.

13. "Qualified residential treatment programs" mean residential child care facilities that

provide a higher level of care which must use a trauma-informed treatment model and

employ registered or licensed nursing staff and other licensed clinical staff to meet the

treatment needs of children in out-of-home placement.

14. "Referral" means a written report submitted to the director of the human service zone

concerning a child in need of services as authorized in this chapter.

15. "Relative" or "kinship relative" means:

a. The child's grandparent, great-grandparent, sibling, half-sibling, aunt, great-aunt,

uncle, great-uncle, nephew, niece, or first cousin;

b. An individual with a relationship to the child, derived through a current or former

spouse of the child's parent, similar to a relationship described in subdivision a;

c. An individual recognized in the child's community as having a relationship with

the child similar to a relationship described in subdivision a; or

d. The child's stepparent.

16. "Shelter care" means temporary care during which a child needs a safe bed outside of

the home, in a shelter care site or a certified shelter care site managed by an agency

or licensed foster care facility.

Definitions. (Effective after July 31, 2027)

As used in this chapter:

1. "Abandon" means:

a. As to a parent of a child not in the custody of that parent, failure by the

noncustodial parent significantly without justifiable cause:

(1) To communicate with the child; or

(2) To provide for the care and support of the child as required by law; or

b. As to a parent of a child in that parent's custody:

(1) To leave the child for an indefinite period without making firm and agreed

plans, with the child's immediate caregiver, for the parent's resumption of

physical custody;

(2) Following the child's birth or treatment at a hospital, to fail to arrange for the

child's discharge within ten days after the child no longer requires hospital

care; or

(3) Willfully to fail to furnish food, shelter, clothing, or medical attention

reasonably sufficient to meet the child's needs.

2. "Abandoned infant" means a child who has been abandoned before reaching the age

of one year.

3. "Aggravated circumstances" means circumstances in which a parent:

a. Abandons, tortures, chronically abuses, or sexually abuses a child;

b. Fails to make substantial, meaningful efforts to secure treatment for the parent's

addiction, mental illness, behavior disorder, or any combination of those

conditions for one year;

c. Engages in conduct prohibited under sections 12.1-20-01 through 12.1-20-08 or

chapter 12.1-27.2, in which a child is the victim or intended victim;

d. Engages in conduct that constitutes one of the following crimes, or of an offense

under the laws of another jurisdiction which requires proof of substantially similar

elements:

(1) A violation of section 12.1-16-01, 12.1-16-02, 12.1-16-03, or 14-09-22 in

which the victim is another child of the parent;

(2) Aiding, abetting, attempting, conspiring, or soliciting a violation of section

12.1-16-01, 12.1-16-02, or 12.1-16-03 in which the victim is a child of the

parent; or

(3) A violation of section 12.1-17-02 in which the victim is a child of the parent

and has suffered serious bodily injury;

e. Engages or attempts to engage in conduct, prohibited under sections 12.1-17-01

through 12.1-17-04, in which a child is the victim or intended victim;

f. In the case of a child age nine or older, has been incarcerated under a sentence

for which the latest release date is after the child's age of majority;

g. Subjects the child to prenatal exposure to chronic or severe use of alcohol or any

controlled substance as defined in chapter 19-03.1 in a manner not lawfully

prescribed by a practitioner; or

h. Allows the child to be present in an environment subjecting the child to exposure

to a controlled substance, chemical substance, or drug paraphernalia as

prohibited by section 19-03.1-22.2.

4. "Certified shelter care" means a nonsecure permanent dwelling operated by an

agency certified by the department of health and human services, where employees

offer safe shelter, food, and a structured routine, and which is available twenty-four

hours a day to a resident in need of emergency placement, not to exceed seven days,

unless otherwise approved by the department.

5. "Child in need of protection" means a child who:

a. Is without proper parental care or control, subsistence, education as required by

law, or other care or control necessary for the child's physical, mental, or

emotional health, or morals, and the need for services or protection is not due

primarily to the lack of financial means of the child's parents, guardian, or other

custodian;

b. Has been placed for care or adoption in violation of law;

c. Has been abandoned by the child's parents, guardian, or other custodian;

d. Is without proper parental care, control, or education as required by law, or other

care and control necessary for the child's well-being because of the physical,

mental, emotional, or other illness or disability of the child's parent or parents,

and that such lack of care is not due to a willful act of commission or act of

omission by the child's parents, and care is requested by a parent;

e. Is in need of treatment and whose parents, guardian, or other custodian have

refused to participate in treatment as ordered by the juvenile court;

f. Was subject to prenatal exposure to chronic or severe use of alcohol or any

controlled substance as defined in chapter 19-03.1 in a manner not lawfully

prescribed by a practitioner;

g. Is present in an environment subjecting the child to exposure to a controlled

substance, chemical substance, or drug paraphernalia as prohibited by section

19-03.1-22.2; or

h. Is a victim of human trafficking as defined in title 12.1.

6. "Child in need of services" means a child who:

a. Is habitually and without justification truant from school subject to compulsory

school attendance and is absent from school without an authorized excuse more

than three days during a school year;

b. Is habitually disobedient of the reasonable and lawful commands of the child's

parent, guardian, or other custodian, including running away, and is ungovernable

or who is willfully in a situation dangerous or injurious to the health, safety, or

morals of the child or others;

c. Has committed an offense applicable only to a child, except for an offense

committed by a minor fourteen years of age or older under subsection 2 of

section 12.1-31-03 or an equivalent local ordinance or resolution; or

d. Is under the age of fourteen years and has purchased, possessed, smoked, or

used tobacco, a tobacco-related product, an electronic smoking device, or an

alternative nicotine product in violation of subsection 2 of section 12.1-31-03. As

used in this subdivision, "electronic smoking device" and "alternative nicotine

product" have the same meaning as in section 12.1-31-03; and

e. In any of the foregoing instances is in need of treatment or rehabilitation.

7. "Custodian" means a person, other than a parent or legal guardian, which stands in

loco parentis to the child and a person to which legal custody of the child has been

given by order of a court.

8. "Diversion" means an intervention strategy that redirects a child away from formal

processing in the juvenile justice system, while still holding the child accountable for

that child's actions.

9. "Fit and willing relative or other appropriate individual" means a relative or other

individual who has been determined, after consideration of an assessment that

includes a criminal history record investigation under chapter 50-11.3, to be a qualified

individual under chapters 27-20.1 and 30.1-27, and who consents in writing to act as a

legal guardian.

10. "Home" as used in the phrase "to return home" means the abode of the child's parent

with whom the child formerly resided.

11. "Human service zone" means a county or consolidated group of counties

administering human services within a designated area in accordance with an

agreement or plan approved by the department of health and human services.

12. "Permanency hearing" means a hearing, conducted with respect to a child who is in

foster care, to determine the permanency plan for the child which includes the

following:

a. Whether and, if applicable, when the child will be returned to the parent.

b. Whether and, if applicable, when the child will be placed for adoption and the

state will file a petition for termination of parental rights.

c. Whether and, if applicable, when a fit and willing relative or other appropriate

individual will be appointed as a legal guardian.

d. Whether and, if applicable, to place siblings in the same foster care, relative,

guardianship, or adoptive placement, unless it is determined that the joint

placement would be contrary to the safety or well-being of any of the siblings.

e. Whether and, if applicable, in the case of siblings removed from the home of the

siblings who are not jointly placed, to provide for frequent visitation or other

ongoing interaction between the siblings, unless it is determined to be contrary to

the safety or well-being of any of the siblings.

f. In cases in which a compelling reason has been shown that it would not be in the

child's best interests to return home, to have parental rights terminated, to be

placed for adoption, to be placed with a fit and willing relative, or to be placed with

a legal guardian, whether and, if applicable, when the child, aged sixteen or older,

will be placed in another planned permanent living arrangement. The court shall:

(1) Ask the child whether the child has a desired permanency outcome of

another planned permanent living arrangement;

(2) Make a judicial determination explaining why another planned permanent

living arrangement is the best permanency plan for the child; and

(3) Identify the compelling reasons it continues not to be in the best interest of

the child to return home, be placed for adoption, be placed with a legal

guardian, or be placed with a fit and willing relative.

g. In the case of a child who has been placed in foster care outside the state in

which the home of the parents is located, or if the parents maintain separate

homes, outside the state in which the home of the parent who was the child's

primary caregiver is located, whether out-of-state placements have been

considered. If the child is currently in an out-of-state placement, the court shall

determine whether the placement continues to be appropriate and in the child's

best interests.

h. In the case of a child who has attained age fourteen, the services needed to

assist the child to make the transition to successful adulthood.

13. "Qualified residential treatment programs" mean residential child care facilities that

provide a higher level of care which must use a trauma-informed treatment model and

employ registered or licensed nursing staff and other licensed clinical staff to meet the

treatment needs of children in out-of-home placement.

14. "Referral" means a written report submitted to the director of the human service zone

concerning a child in need of services as authorized in this chapter.

15. "Relative" or "kinship relative" means:

a. The child's grandparent, great-grandparent, sibling, half-sibling, aunt, great-aunt,

uncle, great-uncle, nephew, niece, or first cousin;

b. An individual with a relationship to the child, derived through a current or former

spouse of the child's parent, similar to a relationship described in subdivision a;

c. An individual recognized in the child's community as having a relationship with

the child similar to a relationship described in subdivision a; or

d. The child's stepparent.

16. "Shelter care" means temporary care during which a child needs a safe bed outside of

the home, in a shelter care site or a certified shelter care site managed by an agency

or licensed foster care facility.
N.D. Cent. Code § 27-04-07 — ND Code / Title 27 / Chapter 27-04 / Section 27-04-07
27-04-07. Reporter's duties as legislative reference librarian
Status: repealed

27-04-07. Reporter's duties as legislative reference librarian

Repealed by S.L. 2019, ch. 251, § 1.
N.D. Cent. Code § 27-11-22 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-22
27-11-22. Annual licenses to practice law and to serve on certain courts - Requirement - Issuance - Fees
Status: in_force

27-11-22. Annual licenses to practice law and to serve on certain courts -

Requirement - Issuance - Fees.

A person who has an unrevoked certificate of admission to the bar of this state and who

desires to engage in the practice of law, or who is to serve as a judge of a court of record, must

secure an annual license from the state board of law examiners on or before January first of

each year. The secretary-treasurer of the board shall issue the license upon compliance with the

rules adopted or approved by the supreme court to assure the professional competence of

attorneys, and upon payment of a fee established by the state bar association at its annual

meeting, by a majority vote of its members in attendance at the meeting, not to exceed four

hundred dollars. The license is valid for the calendar year for which it is issued. Issuance of an

annual license to practice law may not be conditioned upon payment of any surcharge,

assessment, or fee in excess of the maximum fee established by this section. This section does

not prohibit imposition of a reasonable fee for filing and processing reports of compliance with

continuing education requirements.
N.D. Cent. Code § 27-10-27 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-27
27-10-27. Undertaking on appeal in contempt where stay of execution not desired
Status: repealed

27-10-27. Undertaking on appeal in contempt where stay of execution not desired

Repealed by S.L. 1993, ch. 89, § 32.
N.D. Cent. Code § 27-13-08 — ND Code / Title 27 / Chapter 27-13 / Section 27-13-08
27-13-08. Misconduct of attorney - Penalty - Treble civil damages forfeited
Status: in_force

27-13-08. Misconduct of attorney - Penalty - Treble civil damages forfeited

Every attorney who:

1. Is guilty of any deceit or collusion or consents to any deceit or collusion with intent to

deceive the court or any party;

2. Willfully delays the attorney's client's suit with a view to the attorney's own gain; or

3. Willfully receives any money or other property for or on account of any money or debt

which the attorney has not laid out or become answerable for,

is guilty of a class A misdemeanor and in addition forfeits to the party injured treble damages to

be recovered in a civil action.
N.D. Cent. Code § 27-05-10 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-10
27-05-10. Second judicial district - General terms
Status: repealed

27-05-10. Second judicial district - General terms

Repealed by S.L. 1947, ch. 229, § 2.
N.D. Cent. Code § 27-20.3-22 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-22
27-20.3-22. Proceeding for termination of parental rights
Status: in_force

27-20.3-22. Proceeding for termination of parental rights

1. The petition must contain information required by the North Dakota Rules of Juvenile

Procedure and state clearly that an order for termination of parental rights is requested

and that the effect will be as stated in section 27-20.3-23.

2. If both of the biological parents of the child are not named in the petition either as

petitioner or as respondent, the court shall cause inquiry to be made of the petitioner

and other appropriate persons in an effort to identify an unnamed parent. The inquiry

must include, to the extent necessary and appropriate, all of the following:

a. Whether any man is presumed to be the father of the child under chapter 14-20.

b. Whether the biological mother of the child was cohabiting with a man at the time

of conception or birth of the child.

c. Whether the biological mother of the child has received from any man support

payments or promises of support with respect to the child or in connection with

the pregnancy.

d. Whether any individual has formally or informally acknowledged or declared that

individual's possible parentage of the child.

e. Whether any individual claims any right to custody of the child.

3. The court shall add as respondent to the petition and cause to be served with a

summons any individual identified by the court as an unnamed parent, unless the

individual has relinquished parental rights, or parental rights have been previously

terminated by a court.

4. If the court, after inquiry, is unable to identify an unnamed parent and no individual has

appeared in the proceeding claiming to be an unnamed parent of the child or to have

any right of custody of the child, the court shall enter an order terminating all parental

rights of the unnamed parent with reference to the child and the parent and child

relationship.

5. If a petition for termination of parental rights is made by a parent of the child under this

section or if a parent consents to termination of parental rights, that parent is entitled to

legal counsel during all stages of a proceeding to terminate the parent and child

relationship.

6. Subject to the disposition of an appeal, upon the expiration of thirty days after an order

terminating parental rights is issued under this section, the order may not be

questioned by any person, including the petitioner, in any manner, or upon any ground,

including fraud, misrepresentation, failure to give any required notice, or lack of

jurisdiction of the parties or of the subject matter, unless the person retained custody

of the child.

7. At least ten days before the petition is heard, the clerk of district court or juvenile court

shall provide a copy of the petition and summons, if any, to the director of the human

service zone.
N.D. Cent. Code § 27-20.2-01 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-01
27-20.2-01. Definitions
Status: in_force

27-20.2-01. Definitions

As used in this chapter, unless the context requires otherwise:

1. "Abandon" means:

a. As to a parent of a child not in the custody of that parent, failure by the

noncustodial parent significantly without justifiable cause:

(1) To communicate with the child; or

(2) To provide for the care and support of the child as required by law; or

b. As to a parent of a child in that parent's custody:

(1) To leave the child for an indefinite period without making firm and agreed

plans, with the child's immediate caregiver, for the parent's resumption of

physical custody;

(2) Following the child's birth or treatment at a hospital, to fail to arrange for the

child's discharge within ten days after the child no longer requires hospital

care; or

(3) Willfully fail to furnish food, shelter, clothing, or medical attention reasonably

sufficient to meet the child's needs.

2. "Abandoned infant" means a child who has been abandoned before reaching the age

of one year.

3. "Certified shelter care" means a nonsecure permanent dwelling operated by an

agency certified by the department of health and human services, where employees

offer safe shelter, food, and a structured routine, and which is available twenty-four

hours a day to a resident in need of emergency placement, not to exceed seven days,

unless otherwise approved by the department.

4. "Child" means an individual who is:

a. Under the age of eighteen years and is not married; or

b. Under the age of twenty years with respect to a delinquent act committed while

under the age of eighteen years and not married.

5. "Child in need of protection" means a child who:

a. Is without proper parental care or control, subsistence, education as required by

law, or other care or control necessary for the child's physical, mental, or

emotional health, or morals, and the need for services or protection is not due

primarily to the lack of financial means of the child's parents, guardian, or other

custodian;

b. Has been placed for care or adoption in violation of law;

c. Has been abandoned by the child's parents, guardian, or other custodian;

d. Is without proper parental care, control, or education as required by law, or other

care and control necessary for the child's well-being because of the physical,

mental, emotional, or other illness or disability of the child's parent or parents,

and that such lack of care is not due to a willful act of commission or act of

omission by the child's parents, and care is requested by a parent;

e. Is in need of treatment and whose parents, guardian, or other custodian have

refused to participate in treatment as ordered by the juvenile court;

f. Was subject to prenatal exposure to chronic or severe use of alcohol or any

controlled substance as defined in chapter 19-03.1 in a manner not lawfully

prescribed by a practitioner;

g. Is present in an environment subjecting the child to exposure to a controlled

substance, chemical substance, or drug paraphernalia as prohibited by section

19-03.1-22.2; or

h. Is a victim of human trafficking as defined in title 12.1.

6. "Child in need of services" means a child who in any of the foregoing instances is in

need of treatment or rehabilitation:

a. Is habitually and without justification truant from school subject to compulsory

school attendance and is absent from school without an authorized excuse more

than three days during a school year;

b. Is habitually disobedient of the reasonable and lawful commands of the child's

parent, guardian, or other custodian, including running away, and is ungovernable

or who is willfully in a situation dangerous or injurious to the health, safety, or

morals of the child or others;

c. Has committed an offense applicable only to a child, except for an offense

committed by a minor fourteen years of age or older under subsection 2 of

section 12.1-31-03 or an equivalent local ordinance or resolution; or

d. Is under the age of fourteen years and has purchased, possessed, smoked, or

used tobacco, a tobacco-related product, an electronic smoking device, or an

alternative nicotine product. As used in this subdivision, "electronic smoking

device" and "alternative nicotine product" have the same meaning as in section

12.1-31-03; and

e. In any of the foregoing instances is in need of treatment or rehabilitation.

7. "Custodian" means a person, other than a parent or legal guardian, which stands in

loco parentis to the child and a person that has been given legal custody of the child

by order of a court.

8. "Delinquent act" means an act designated a crime under the law, including local

ordinances or resolutions of this state, or of another state if the act occurred in that

state, or under federal law.

9. "Delinquent child" means a child who has committed a delinquent act and is in need of

treatment or rehabilitation or is a child subject to proceedings arising under the

interstate compact on juveniles.

10. "Director" means the director of juvenile court or the director's designee.

11. "Diversion" means an intervention strategy that redirects a child away from formal

processing in the juvenile justice system, while still holding the child accountable for

that child's actions.

12. "Facility" means buildings, structures, or systems, including those for essential

administration and support, which are used to provide residential treatment for

children.

13. "Host county" means the county within the human service zone in which the human

service zone administrative office is located and in which the human service zone

team members are employed.

14. "Human service zone" means a county or consolidated group of counties

administering human services within a designated area in accordance with an

agreement or plan approved by the department of health and human services.

15. "Individual justice planning" means a process to identify, accommodate, and develop

appropriate consequences for behaviors caused by or related to an individual's mental

or cognitive impairment.

16. "Juvenile court" means the district court of this state.

17. "Juvenile treatment court" means a program established by the supreme court which is

a post-petition or post-adjudication program aimed at intervening in substance use

disorders through intense supervision and participation in recovery services.

18. "Proceeding" means any hearing conducted before a juvenile court or a referral for

service.

19. "Qualified residential treatment program" means a licensed or approved residence

providing an out-of-home treatment placement for children, including a

trauma-informed model.

20. "Relative" or "kinship relative" means:

a. The child's grandparent, great-grandparent, sibling, half-sibling, aunt, great-aunt,

uncle, great-uncle, nephew, niece, or first cousin;

b. An individual with a relationship to the child, derived through a current or former

spouse of the child's parent, similar to a relationship described in subdivision a;

c. An individual recognized in the child's community as having a relationship with

the child similar to a relationship described in subdivision a; or

d. The child's stepparent.

21. "Restorative justice" means a system of justice which focuses on the rehabilitation of

offenders through reconciliation with victims and the community at large.

22. "Shelter care" means temporary care during which a child needs a safe bed outside

the home, in a shelter care site or certified shelter care site managed by an agency or

licensed foster care facility.

23. "The court" means the district courts as designated by the North Dakota supreme

court which includes juvenile court as a subset of district court.

24. "Willfully" has the meaning provided in section 12.1-02-02.
N.D. Cent. Code § 27-11-12 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-12
27-11-12. Compensation of secretary-treasurer of state board of law examiners
Status: in_force

27-11-12. Compensation of secretary-treasurer of state board of law examiners

The secretary-treasurer of the state board of law examiners must be allowed such

compensation for services and expenses as the board determines.
N.D. Cent. Code § 27-10-26 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-26
27-10-26. Undertaking for stay of execution of order on appeal in civil contempts
Status: repealed

27-10-26. Undertaking for stay of execution of order on appeal in civil contempts

Repealed by S.L. 1993, ch. 89, § 32.
N.D. Cent. Code § 27-05-17 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-17
27-05-17. General provisions concerning terms
Status: repealed

27-05-17. General provisions concerning terms

Repealed by S.L. 1981, ch. 316, § 2.
N.D. Cent. Code § 27-20.3-13 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-13
27-20.3-13. Conduct of child in need of protection hearings
Status: in_force

27-20.3-13. Conduct of child in need of protection hearings

1. A hearing under this chapter must be conducted by the court without a jury, in an

informal but orderly manner and separately from other proceedings not included in

section 27-20.2-03 and in accordance with the North Dakota Rules of Juvenile

Procedure.

2. If the hearing has not been held within the time limit, or any extension of the time limit,

required by supreme court rule, the petition must be dismissed.

3. The state's attorney shall present the evidence in support of any allegations of the

petition not admitted and otherwise conduct the proceedings on behalf of the state.

4. The proceedings must be recorded by stenographic notes or by electronic,

mechanical, or other appropriate means.

5. Juvenile court hearings are closed to the public even if the purpose of the hearing is to

declare a person in contempt of court. The general public must be excluded from other

hearings under this chapter. In hearings from which the general public is excluded,

only the parties, counsel of the parties, witnesses, victims, and any other persons the

court finds have a proper interest in the proceedings may be admitted by the court.

The court may temporarily exclude the child or other person from the hearing if, after

being warned by the court that disruptive conduct will cause removal from the

courtroom, the child or other person persists in conduct that justifies removal from the

courtroom.
N.D. Cent. Code § 27-02.2-08 — ND Code / Title 27 / Chapter 27-02.2 / Section 27-02.2-08
27-02.2-08. Payments
Status: in_force

27-02.2-08. Payments

1. Notwithstanding any other provision of law, the supreme court may receive fifteen

percent of the total amount of an incentive payment in five equal annual installments

from the state bar association of North Dakota, the North Dakota bar foundation, or

any other legal association in North Dakota as required under this chapter.

2. A county or municipality may prepay its portion of the incentive program to the

supreme court at any time during the five-year period.
N.D. Cent. Code § 27-02-01 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-01
27-02-01. Appointment and duties of chief justice of the supreme court
Status: in_force

27-02-01. Appointment and duties of chief justice of the supreme court

The judges of the supreme court and district courts shall appoint from the members of the

supreme court a chief justice who shall serve for a term of five years or until that justice's term

expires, whichever shall first occur. The chief justice may resign the office of chief justice without

resigning from the office of judge of the supreme court. The chief justice shall preside at all

terms of the supreme court. In the absence of the chief justice, the judge having the shortest

term to serve shall preside in the chief justice's stead.
N.D. Cent. Code § 27-05-13 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-13
27-05-13. Fifth judicial district - General terms
Status: repealed

27-05-13. Fifth judicial district - General terms

Repealed by S.L. 1947, ch. 229, § 2.
N.D. Cent. Code § 27-20.3-11 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-11
27-20.3-11. Diversion
Status: in_force

27-20.3-11. Diversion

A child in need of services may be diverted.
N.D. Cent. Code § 27-20.1-07 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-07
27-20.1-07. Procedure upon filing of petition
Status: in_force

27-20.1-07. Procedure upon filing of petition

1. A supporting affidavit establishing the basis for the guardianship under subdivision n of

subsection 2 of section 27-20.1-06, and that the guardianship is in the best interest of

the child, must be filed with the petition. Where a child in need of protection is alleged

under paragraph 4 of subdivision n of subsection 2 of section 27-20.1-06, the petition

must contain sufficient statements to establish a child in need of protection unless the

child has resided in the home of the proposed guardian for at least one year before the

filing date of the petition.

2. A petition under this chapter must be reviewed by the court to determine whether the

contents of the petition comply with section 27-20.1-06.

3. If a petition alleges a child in need of protection, the petition will be reviewed by the

court to determine whether there has been a sufficient showing of a child in need of

protection.

4. If the petitioner has made an insufficient showing of a child in need of protection, the

court, without oral argument or an evidentiary hearing shall issue an order denying the

petition. If the petitioner has made a sufficient showing of a child in need of protection

justifying a guardianship, the court shall set a date for an evidentiary hearing.
N.D. Cent. Code § 27-20.4-19.1 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-19.1
27-20.4-19.1. Collateral consequences - Registration - Firearms - Driving privileges
Status: in_force

27-20.4-19.1. Collateral consequences - Registration - Firearms - Driving privileges

1. A child may be ordered to register as a sexual offender under section 12.1-32-15.

2. A child may be prohibited from possessing a firearm in accordance with section

62.1-02-01.

3. If a child is adjudicated delinquent of an offense that would be a class A misdemeanor

or a felony if the offense were committed by an adult, the juvenile court may suspend

the child's driving privileges for a period of up to six months for the first offense, and up

to one year for a second or subsequent offense. The juvenile court may order the

successful completion of an appropriate driver's examination as a condition for

reinstating the child's driving privileges.

a. If the juvenile court suspends a child's driving privileges, the court immediately

shall take possession of the child's driver's license or permit and send a copy of

the court's order to the director of the department of transportation who shall

make notation of the child's suspended driving privileges.

b. The record of the child's suspension of driving privileges under this section:

(1) Must be kept confidential;

(2) May not be released except to law enforcement personnel in connection

with law enforcement activities; and

(3) May not be disclosed to or shared with the licensing officials of any other

state or jurisdiction.

c. At the end of the six-month or one-year suspension period, the director shall

remove and destroy all records of the child's suspension of driving privileges

under this section.

4. A child may be prohibited from participating in extracurricular activities in accordance

with section 15.1-09-33.4.
N.D. Cent. Code § 27-20.1-20 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-20
27-20.1-20. Protective order
Status: in_force

27-20.1-20. Protective order

1. At any stage of the proceedings, upon application of a party or on the court's own

motion, the court may make an order restraining or otherwise controlling the conduct

of an individual if the court finds the conduct:

a. Is or may be detrimental or harmful to the child; or

b. Will tend to defeat the execution of an order of disposition; and

2. Due notice of the application or motion and the grounds therefor and an opportunity to

be heard have been given to the person against whom the order is directed.
N.D. Cent. Code § 27-09.1-19 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-19
27-09.1-19. Savings clause
Status: repealed

27-09.1-19. Savings clause

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 27-15-10 — ND Code / Title 27 / Chapter 27-15 / Section 27-15-10
27-15-10. Compensation - Expenses
Status: in_force

27-15-10. Compensation - Expenses

No member of the conference is entitled to receive compensation for any services rendered

in that capacity, but any necessary travel expenses, including mileage and subsistence, incurred

by any member must be paid from funds appropriated for the purposes of the judicial

conference from the supreme court budget.
N.D. Cent. Code § 27-19-02 — ND Code / Title 27 / Chapter 27-19 / Section 27-19-02
27-19-02. Method of acceptance
Status: in_force

27-19-02. Method of acceptance

Acceptance of jurisdiction may be by either of the following methods:

1. Upon petition of a majority of the enrolled residents of a reservation who are eighteen

years of age or older; or

2. The affirmative vote of the majority of the enrolled residents voting on the question

who are eighteen years of age or older, at an election called and supervised by the

North Dakota Indian affairs commission upon petition of fifteen percent or more of

those eligible to vote at such an election.
N.D. Cent. Code § 27-09.1-01 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-01
27-09.1-01. Legislative intent
Status: in_force

27-09.1-01. Legislative intent

The legislative assembly of the state of North Dakota hereby declares that it is the policy of

this state that all persons selected for jury service be selected at random from a fair cross

section of the population of the area served by the court, and that all qualified citizens have the

opportunity in accordance with this chapter to be considered for jury service in this state and an

obligation to serve as jurors when summoned for that purpose.
N.D. Cent. Code § 27-20.2-19 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-19
27-20.2-19. Costs and expenses for care of child
Status: in_force

27-20.2-19. Costs and expenses for care of child

1. The following expenses are a charge upon the funds of the county or human service

zone upon certification of the expenses by the court:

a. The cost of medical and other examinations and treatment of a child ordered by

the court.

b. The cost of care and support of a child committed by the court to the legal

custody of a public agency other than an institution for delinquent children or to a

private agency or individual other than a parent.

c. The cost of any necessary transportation for medical and other examinations and

treatment of a child ordered by the court unless the child is in the legal custody of

a state agency.

d. The cost of a guardian ad litem under subsection 5 of section 27-20.1-16 or

section 30.1-27-06 or the cost of an attorney under subsection 6 of section

27-20.1-16 if the court finds the parent's or child's estate is insufficient to meet the

cost.

2. The commission on legal counsel for indigents shall pay reasonable compensation for

services and related expenses of counsel provided at public expense for a party and

the supreme court shall pay reasonable compensation for a guardian ad litem. The

attorney general shall pay the witness fees, mileage, and travel expense of witnesses

incurred in the proceedings under this chapter in the amount and at the rate provided

for in section 31-01-16, except the commission on legal counsel for indigents shall pay

the witness fees, mileage, and travel expenses of witnesses subpoenaed by counsel

employed by or contracted with the commission for proceedings under this chapter in

the amount and at the rate provided for in section 31-01-16. Expenses of the state

include the cost of any necessary transportation for medical and other examinations

and treatment of a child ordered by the court if the child is in the legal custody of a

state agency in which case the cost must be reimbursed to the county or human

service zone by that state agency at the state mileage rate, excluding meals and

lodging, plus twenty-nine cents per mile.

3. If, after due notice to the parents or other persons legally obligated to care for and

support the child, and to a child over the age of eighteen, and after affording the

parents, other persons, and children over eighteen years of age an opportunity to be

heard, the court finds that the parents, other persons, or a child over eighteen years of

age is financially able to pay all or part of the costs and expenses stated in

subsection 1, and expenses payable by the supreme court under subsection 2, the

court may order the party to pay the same and prescribe the manner of payment.

Unless otherwise ordered, payment shall be made to the clerk of court for remittance

to the person to which compensation is due, or if the costs and expenses have been

paid by the county, human service zone, or the state to the county treasurer of the

county, the county treasurer of the host county, or to the state treasurer.

4. Unless the court finds there is no likelihood the party is or will be able to pay attorney's

fees and expenses, the court, in the order or judgment following a hearing under this

chapter, shall order the parents or other persons legally obligated to care for and

support the child, and the child if over the age of eighteen, to reimburse the presumed

amount of indigent defense costs and expenses, as determined by the commission on

legal counsel for indigents, and shall notify the party of the right to a hearing on the

reimbursement amount. If the party or the state requests a hearing within thirty days of

receiving notice under this subsection, the court shall schedule a hearing at which the

actual amount of attorney's fees and expenses must be shown. In determining the

amount of reimbursement and method of payment, the court shall consider the

financial resources of the party and the nature of the burden that reimbursement of

costs and expenses will impose.

5. A party who is required to reimburse indigent defense costs and expenses and who is

not willfully in default in that reimbursement may at any time petition the court to waive

reimbursement of all or any portion of the attorney's fees and expenses. If the court is

satisfied reimbursement of the amount due will impose undue hardship on the party or

the party's immediate family, the court may waive reimbursement of all or any portion

of the amount due or modify the method of payment.
N.D. Cent. Code § 27-14-02 — ND Code / Title 27 / Chapter 27-14 / Section 27-14-02
27-14-02. Causes for suspension or revocation of certificate of admission to bar
Status: in_force

27-14-02. Causes for suspension or revocation of certificate of admission to bar

The certificate of admission to the bar of this state of an attorney and counselor at law may

be revoked or suspended by the supreme court if that attorney has:

1. Committed an offense determined by the supreme court to have a direct bearing upon

a person's ability to serve the public as an attorney and counselor at law, or the

supreme court determines, following conviction of an offense, that the person is not

sufficiently rehabilitated under section 12.1-33-02.1;

2. Willfully disobeyed or violated an order of the court requiring the attorney to do or to

refrain from doing an act connected with or in the course of the attorney's professional

practice;

3. Willfully violated any of the duties of an attorney or counselor at law;

4. Engaged, while attorney general or assistant attorney general of this state, or while

employed in the office of the attorney general, in the private practice of the law, or

rendered to any person, for pay, profit, and remuneration, any legal services other than

those required in performing the duties imposed upon the attorney by virtue of the

duties of the attorney's office, but an assistant attorney general may finish any case,

proceeding, or legal business in which the assistant attorney general was engaged at

the time of the person's appointment, and an attorney general or assistant attorney

general with the permission of the attorney general may voluntarily represent indigent

clients referred by an organized pro bono program in addition to the regular duties of

the attorney's office; such pro bono representation must be at no cost to the state of

North Dakota;

5. Appeared, while state's attorney or assistant state's attorney of any county of this state

or while an employee in the office of the state's attorney, as an attorney for the

defense in any criminal action which it was the attorney's duty to prosecute;

6. Been convicted of any offense mentioned in section 27-13-08, 27-13-09, 27-13-11, or

27-13-12; or

7. Committed any other act which tends to bring reproach upon the legal profession. The

enumeration of certain grounds for disbarment or suspension of attorneys at law may

not be deemed a limitation upon the general powers of the supreme court to suspend

or disbar for professional misconduct.
N.D. Cent. Code § 27-20.4-21 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-21
27-20.4-21. Transfer to other courts
Status: in_force

27-20.4-21. Transfer to other courts

1. After a petition has been filed alleging delinquency based on conduct that is

designated a crime or public offense under the laws, including local ordinances or

resolutions of this state, the court before hearing the petition on the merits shall

transfer the offense for prosecution to the appropriate court having jurisdiction of the

offense if:

a. The child is over sixteen years of age and requests the transfer;

b. The child was fourteen years of age or more at the time of the alleged conduct

and the court determines that there is probable cause to believe the child

committed the alleged delinquent act and the delinquent act involves the offense

of murder or attempted murder; gross sexual imposition or the attempted gross

sexual imposition of a victim by force or by threat of imminent death, serious

bodily injury, or kidnapping; or

c. (1) The child was fourteen or more years of age at the time of the alleged

conduct;

(2) A hearing on whether the transfer should be made is held in conformity with

sections 27-20.2-12, 27-20.2-13, and 27-20.4-14;

(3) Notice in writing of the time, place, and purpose of the hearing is given to

the child and the child's parents, guardian, or other custodian at least three

days before the hearing; and

(4) The court finds that there are reasonable grounds to believe:

(a) The child committed the delinquent act alleged;

(b) The child is not amenable to treatment or rehabilitation as a child

through available programs;

(c) The child is not treatable in an institution for individuals who are

intellectually disabled or who are mentally ill;

(d) The interests of the community require that the child be placed under

legal restraint or discipline; and

(e) If the child is fourteen or fifteen years old, the child committed a

delinquent act involving the infliction or threat of serious bodily harm.

2. The burden of proving reasonable grounds to believe that a child is amenable to

treatment or rehabilitation as a child through available programs is on the child:

a. If the alleged delinquent act involves the offense of manslaughter, aggravated

assault, robbery, arson involving an inhabited structure, or escape involving the

use of a firearm, destructive device, or other dangerous weapon;

b. If the alleged delinquent act involves an offense that if committed by an adult

would be a felony and the child has two or more previous delinquency

adjudications for offenses that would be a felony if committed by an adult; or

c. If the child is twenty-five years of age or older.

3. In determining a child's amenability to treatment and rehabilitation, the court shall

consider and make specific findings on the following factors:

a. Age;

b. Mental capacity;

c. Maturity;

d. Degree of criminal sophistication exhibited;

e. Previous record;

f. Success or failure of previous attempts to rehabilitate;

g. Whether the child can be rehabilitated before expiration of juvenile court

jurisdiction;

h. Any psychological, probation, or institutional reports;

i. The nature and circumstances of the acts for which the transfer is sought;

j. The prospect for adequate protection of the public; and

k. Any other relevant factors.

4. A child subject to the jurisdiction of the juvenile court, either before or after reaching

eighteen years of age, may not be prosecuted for an offense previously committed

unless the case has been transferred as provided in this section.

5. Statements made by the child at a hearing under this section are not admissible

against the child over objection in the criminal proceedings following the transfer

except for impeachment.

6. If the case is not transferred, the judge who conducted the hearing may not over

objection of an interested party preside at the hearing on the petition. If the case is

transferred to a court of which the judge who conducted the hearing is also a judge,

the judge likewise is disqualified over objection from presiding in the prosecution.
N.D. Cent. Code § 27-02-11 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-11
27-02-11. Notice of intention to promulgate rule - Requirement - Method of giving - Hearing interested parties
Status: repealed

27-02-11. Notice of intention to promulgate rule - Requirement - Method of giving -

Hearing interested parties.

Repealed by S.L. 1981, ch. 317, § 1.
N.D. Cent. Code § 27-14-05 — ND Code / Title 27 / Chapter 27-14 / Section 27-14-05
27-14-05. Report by bar board
Status: in_force

27-14-05. Report by bar board

When the state bar board has completed its investigation of a complaint filed against a

member of the bar as provided in section 27-14-04, it shall make a report to the supreme court

stating therein its conclusions as to the charges investigated and its recommendations as to

further proceedings.
N.D. Cent. Code § 27-11-02 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-02
27-11-02. Power to admit vested in the supreme court
Status: in_force

27-11-02. Power to admit vested in the supreme court

The power to admit persons to practice as attorneys and counselors at law in the courts of

this state is vested in the supreme court.
N.D. Cent. Code § 27-05.2-02 — ND Code / Title 27 / Chapter 27-05.2 / Section 27-05.2-02
27-05.2-02. State funding of clerk of district court services - Agreements to provide services - Transition schedule
Status: in_force

27-05.2-02. State funding of clerk of district court services - Agreements to provide

services - Transition schedule.

1. Except as provided in subsection 2, the supreme court, within the limits of legislative

appropriations and pursuant to subsection 7, shall provide clerk of district court

services in each county in the state. The supreme court may provide such services

through clerks of district court, deputies, and assistants who are employees of the

judicial system or through service agreements under subsection 6. The supreme court

shall develop standards and procedures to ensure that adequate clerk of district court

services are provided. "Clerk of district court services" means those duties and

services, as provided by statute or rule of the supreme court, that directly serve the

judicial system and the provision of effective and efficient judicial services to the public.

Beginning January 1, 2003, the individual designated by a board of county

commissioners to provide clerk of district court services under subsection 2 or 6

serves as ex officio clerk of district court. The salary and bond for the ex officio clerk of

district court must be fixed by a resolution adopted by the board of county

commissioners.

2. A county may elect to provide clerk of district court services at the county's own

expense. The board of county commissioners shall forward to the supreme court a

resolution indicating its election to provide services under this subsection. Such

services must be provided in a manner consistent with standards and procedures

established by the supreme court. If the county is unable to provide adequate clerk of

district court services, the supreme court shall provide for those services in any

manner it considers appropriate. If a county has entered into an agreement under

subsection 6, the county may not provide clerk of district court services under this

subsection until after the agreement has expired.

3. In a county in which the supreme court determines that at least five full-time

employees are necessary to provide adequate clerk of district court services, the

elected clerk of district court and clerk of court staff designated by the supreme court

shall become employees of the state judicial system if the board of county

commissioners consents to the transition after consultation with the elected clerk. This

subsection applies upon receipt by the supreme court of a resolution adopted by the

board of county commissioners indicating its consent. Any equipment, including

technology-related equipment, and furnishings in the control and custody of the clerk

of district court on the date the clerk becomes a state employee must remain in the

control and custody of the clerk until the state court administrator determines the items

are no longer needed. The clerk, upon becoming a state employee, shall receive a

salary in an amount not less than the salary received as a county employee and shall

remain an employee of the state judicial system until the clerk retires, resigns, or the

term for which the clerk was initially elected expires, whichever occurs earlier.

Thereafter, the clerk of district court must be appointed in the manner provided by

supreme court rule. If the board of county commissioners does not consent to the clerk

and designated staff becoming employees of the state judicial system, the county must

provide clerk of district court services at its own expense in accordance with

subsection 2.

4. In a county in which the supreme court determines that one or more, but less than five,

full-time employees are necessary to provide clerk of district court services, the

elected clerk of district court and clerk of court staff designated by the supreme court

shall become employees of the state judicial system in the manner described in

subsection 3. If the board of county commissioners does not consent to the clerk and

designated staff becoming employees of the state judicial system, the county may

provide clerk of district court services at its own expense under subsection 2 or the

supreme court may provide funding for clerk of district court services in accordance

with an agreement under subsection 6.

5. In a county in which the supreme court determines that less than one full-time

employee is necessary to provide clerk of district court services, the supreme court

may provide funding for such services in accordance with an agreement under

subsection 6.

6. The supreme court may enter into an agreement with one or more boards of county

commissioners to provide funding for the provision of clerk of district court services in

a manner consistent with standards and procedures established by the supreme court.

Funding for personnel under the agreement must be equal to the amount, based on

county employee compensation levels, necessary for the number of full-time

employees needed to provide clerk of district court services. Funding must be

available under the agreement to defray the cost of technology-related equipment

considered necessary by the supreme court for the delivery of adequate clerk of

district court services. After entering into an agreement under this subsection, a county

may, under chapter 11-10.2 or 11-10.3, provide for the delivery of clerk of district court

services in a manner consistent with the agreement. If a county fails to fulfill the terms

of an agreement or is unable to provide clerk of district court services consistent with

standards and procedures established by the supreme court, the supreme court shall

provide for those services in any manner it considers appropriate.

7. a. State funding for the provision of clerk of district court services may be provided

beginning January 1, 2001. Before April 1, 2000, each board of county

commissioners shall notify the supreme court of its election to provide clerk of

district court services under subsection 2, of its consent to the elected clerk of

court and designated staff becoming state employees under subsection 3 or 4, or

of its election to enter into an agreement under subsection 6. If a board of county

commissioners elects to enter into an agreement under subsection 6, the

agreement must be executed before July 1, 2000. If an agreement is not

executed before that date, the county must provide clerk of district court services

at its own expense under subsection 2.

b. Before April 1, 2002, and thereafter before April first of each succeeding

even-numbered year, each board of county commissioners that has executed an

agreement under subsection 6 or whose county is providing clerk of district court

services under subsection 2 must notify the supreme court of its election to

continue the existing arrangement or initiate a different option. If a board of

county commissioners elects to enter into an agreement under subsection 6, the

agreement must be executed before July first of the year the election is made. If

an agreement is not executed before that date, the county must provide clerk of

district court services at its own expense under subsection 2.
N.D. Cent. Code § 27-20.2-17 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-17
27-20.2-17. Rights and duties of legal custodian
Status: in_force

27-20.2-17. Rights and duties of legal custodian

1. As used in this section, "sibling of the child entering foster care" means:

a. A brother or sister who has at least one biological or adoptive parent in common;

b. A fictive brother or sister with a significant bond as identified by the child or

parent; or

c. A child who would have been considered a sibling but for the termination or other

disruption of parental rights, including a death of a parent.

2. A legal custodian has:

a. The right to the physical custody of the child and the right to determine the nature

of the care, placement, and treatment of the child, including ordinary medical care

as well as medical or surgical treatment for a serious physical condition or illness

that in the opinion of a licensed physician requires prompt treatment, except for

any limits the court may impose.

b. The right and duty to provide for the care, protection, training, and education and

the physical, mental, and moral welfare of the child, subject to the conditions and

limitations of the order and to the remaining rights and duties of the child's

parents or guardian.

c. A duty within thirty days after the removal of a child from the custody of the parent

or parents of the child for the purpose of placement into foster care, to exercise

due diligence to identify and provide notice to the following relatives: all parents of

a sibling of the child entering foster care who have legal custody of the sibling, all

adult grandparents, and any other adult suggested by the parents, subject to

exceptions due to family or domestic violence, that:

(1) Specifies that the child has been or is being removed from the custody of

the parent or parents of the child;

(2) Explains the options the relative has under federal, state, and local law to

participate in the care and placement of the child, including any options that

may be lost by failing to respond to the notice;

(3) Describes the requirements and standards to become a foster family home

and the additional services and supports that are available for children

placed in that home; and

(4) Describes how the relative of the child may enter an agreement with the

department of health and human services and human service zone to

receive a subsidized guardianship payment.
N.D. Cent. Code § 27-10-07 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-07
27-10-07. Order to show cause or warrant of attachment for contempt not committed in presence of judge
Status: in_force

27-10-07. Order to show cause or warrant of attachment for contempt not committed

in presence of judge.

In addition to the procedure set out in section 27-10-01.3, when an act punishable as

contempt is not committed in the immediate view and presence of the court, the court, upon

being satisfied of the commission of the offense, may:

1. Order the accused to show cause at a specified time and place why the accused

should not be punished for the alleged offense; or

2. Issue a warrant of attachment directed to the sheriff of any county where the accused

may be found commanding the sheriff to arrest and bring the accused before the court

at a specified time and place to answer for the alleged offense.
N.D. Cent. Code § 27-25-01 — ND Code / Title 27 / Chapter 27-25 / Section 27-25-01
27-25-01. Definitions
Status: in_force

27-25-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Candidate" means any person under consideration by the committee to fill a judicial

vacancy.

2. "Chairman" means the chairman of the committee and includes any acting chairman.

3. "Committee" means the judicial nominating committee, consisting of six members in

the event of a vacancy in the office of supreme court judge and nine members in the

event of a vacancy in the office of a district court judge.

4. "Judge" means a justice of the supreme court or a judge of district court.

5. "Nominee" means any candidate selected by the committee for inclusion on the list of

candidates submitted to the governor.

6. "Permanent member" means a person appointed to serve on the committee for all

vacancies in the office of judge during that member's term.

7. "Temporary member" means a person appointed to serve on the committee only for

the time necessary to fill a vacancy in the office of district judge in that member's

district.
N.D. Cent. Code § 27-10-12 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-12
27-10-12. Accused discharged from arrest on delivering undertaking - Nature of undertaking
Status: repealed

27-10-12. Accused discharged from arrest on delivering undertaking - Nature of

undertaking.

Repealed by S.L. 1993, ch. 89, § 32.
N.D. Cent. Code § 27-02-04 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-04
27-02-04. Jurisdiction of supreme court - Appellate - Original
Status: in_force

27-02-04. Jurisdiction of supreme court - Appellate - Original

The supreme court may exercise appellate jurisdiction only, except when otherwise

specially provided by law or by the constitution. Such court, in the exercise of its original

jurisdiction, may issue writs of habeas corpus, mandamus, quo warranto, certiorari, and

injunction. In the exercise of its appellate jurisdiction, and in its superintending control over

inferior courts, it may issue such original and remedial writs as are necessary to the proper

exercise of such jurisdiction. Such court shall exercise its original jurisdiction only in habeas

corpus cases and in such cases of strictly public concern as involve questions affecting the

sovereign rights of this state or its franchises or privileges.
N.D. Cent. Code § 27-17-03 — ND Code / Title 27 / Chapter 27-17 / Section 27-17-03
27-17-03. Services and compensation of retired justices and judges
Status: in_force

27-17-03. Services and compensation of retired justices and judges

1. Upon retirement of a justice of the supreme court or a judge of the district court, the

chief justice of the supreme court may appoint the retired justice or judge to serve as a

surrogate judge of the supreme court to aid and assist the court in the performance of

judicial duties within the unified judicial system as may be assigned by the chief justice

with the retired justice's or judge's consent.

2. An appointment under this section does not become effective until the appointee

subscribes and files in the office of the secretary of state an oath or affirmation

substantially as follows: "I do solemnly swear (or affirm) that I will support the

constitutions of the United States and the state of North Dakota, and that I will faithfully

discharge the duties of the office of surrogate judge of the state of North Dakota to the

best of my ability."

3. Subject to subsection 4, a surrogate judge is entitled to receive compensation for

services rendered for each day actually engaged in the performance of judicial duties

in an amount equal to five percent of the gross monthly salary of a regularly elected or

appointed and qualified justice or judge of the court to which the services are

rendered, or one-half of that daily compensation for services of one-half day or less.

4. A surrogate judge is not entitled to receive as compensation for services rendered in

the performance of judicial duties during any calendar year a sum of money which

when added to any judicial retirement benefits received by the surrogate judge for that

year exceeds the annual salary of a justice or judge of the court from which the justice

or judge retired. The compensation must be paid upon the certificate of the surrogate

judge showing that the services were performed for the number of days claimed in the

certificate. Services of a surrogate judge under this section and receipt of

compensation therefor do not reduce or otherwise affect the amount of any retirement

benefits to which the judge otherwise would be entitled.

5. In addition to daily compensation, a surrogate judge is entitled to receive

reimbursement for travel expenses necessarily incurred in the performance of judicial

duties under the assignment, as regularly elected or appointed and qualified justices

and judges are entitled to receive.

6. A retired justice of the supreme court or a retired judge of the district court is also

eligible to serve as a master and to be compensated for services rendered in any civil

case or other judicial proceeding when so designated by the court having power to

appoint masters; a retired justice or judge, when requested, is also eligible to serve as

legal counsel and to be compensated for services rendered in the office of the attorney

general, in any executive department, commission, or bureau of the state, and for any

committee of the legislative assembly.
N.D. Cent. Code § 27-02-21 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-21
27-02-21. Adjournments
Status: in_force

27-02-21. Adjournments

If a majority of the judges of the supreme court do not attend on the first or on any other day

of a term, the clerk of such court must enter such fact on record, and the judge or judges

present shall adjourn the court to the next day and so on from day to day for six days, if a

majority of the judges fail to appear. At the end of such period, said court must be adjourned and

all matters pending therein must stand continued until the next regular or special term. If none of

the judges appear at such time, the clerk of said court may adjourn the term from day to day as

provided in this section.
N.D. Cent. Code § 27-20.2-27 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-27
27-20.2-27. Rules of court
Status: in_force

27-20.2-27. Rules of court

The North Dakota supreme court may adopt rules of procedure governing proceedings

under this chapter.
N.D. Cent. Code § 27-02.2-05 — ND Code / Title 27 / Chapter 27-02.2 / Section 27-02.2-05
27-02.2-05. Incentive payment to participating attorneys
Status: in_force

27-02.2-05. Incentive payment to participating attorneys

An attorney selected by the supreme court to participate in the recruitment and retention

assistance program is entitled to receive an incentive payment of forty-five thousand dollars to

be paid in five equal annual installments.
N.D. Cent. Code § 27-21-02 — ND Code / Title 27 / Chapter 27-21 / Section 27-21-02
27-21-02. Division of juvenile services - Powers and duties
Status: in_force

27-21-02. Division of juvenile services - Powers and duties

The division of juvenile services is the administrative agency which shall take custody of

delinquent and unruly children committed to its care by the juvenile courts. Upon committing a

child to the custody of the division of juvenile services, the juvenile court, law enforcement

officers, and other public officials shall make available to the division of juvenile services all

pertinent data in their possession with respect to the child. Upon taking custody or if authorized

by the court prior to receiving custody of a child, the division of juvenile services shall process

the child through such diagnostic testing and evaluation programs as may be necessary to

determine the treatment and rehabilitation which is in the best interest of the child and in the

best interest of the state. In doing so, the division of juvenile services may utilize the

psychological, addiction, psychiatric, career and technical education, medical, and other

diagnostic and testing services that are available, examine all the pertinent circumstances, and

review the reasons for the child's commitment. Upon completion of the diagnostic testing and

evaluation of a child committed to its custody, the division shall make disposition under

subsection 1, 2, or 3 and inform the court of its disposition. Upon completion of the diagnostic

testing and evaluation of a child not in its custody, the division shall develop and recommend to

the juvenile court an individualized treatment and rehabilitation plan for the child. This plan must

include recommendations for the disposition of the child as follows:

1. Placement in the care of the child's parent, relative, guardian, or in a foster home or

suitable private institution licensed by the state for the care or treatment and

rehabilitation of children;

2. Placement in the care of the North Dakota youth correctional center; or

3. Placement in the care of a career and technical education, training, or other treatment

and rehabilitation institution for children or young adults within this state or in another

state in the event that adequate facilities for the child's treatment and rehabilitation are

not available within this state and the committing juvenile court concurs in the

placement.

4. If the division of juvenile services receives any money on behalf of a child committed

to its custody and care under this section for child support, payments in excess of

foster care maintenance payments, or money received from the social security

administration, the division may establish an account for the child and use the money

in a manner it determines will serve the best interests of the child, including setting

aside any amounts for the child's future needs or making all or part of the money

available to the person responsible for meeting the child's daily needs to be used for

the child's benefit.
N.D. Cent. Code § 27-12-08 — ND Code / Title 27 / Chapter 27-12 / Section 27-12-08
27-12-08. Use of funds
Status: repealed

27-12-08. Use of funds

Repealed by S.L. 1971, ch. 297, § 7.
N.D. Cent. Code § 27-20.6-01 — ND Code / Title 27 / Chapter 27-20.6 / Section 27-20.6-01
27-20.6-01. Definitions
Status: in_force

27-20.6-01. Definitions

As used in this chapter:

1. "Child" means an individual under the age of eighteen.

2. "Custodian" means a person, other than a genetic parent or legal guardian, which

stands in loco parentis to the child and to which legal custody of the child has been

given by the court.

3. "Department" means the department of health and human services.

4. "Division of juvenile services" means the division within the department of corrections

and rehabilitation established in chapter 27-21.

5. "Genetic parent" means the biological mother or adjudicated mother of the child, or the

presumed father or adjudicated father of the child under chapter 14-20.

6. "Human service zone" means a county or consolidated group of counties

administering human services within a designated area in accordance with an

agreement or plan approved by the department.

7. "Parental rights and responsibilities" means all rights and responsibilities a genetic

parent has concerning the parent's child.

8. "Re-establishment of the legal parent and child relationship" means the physical

reunification of a child under the custody of the human service zone or division of

juvenile services, and a previously terminated genetic parent, and restoration of all

rights, powers, privileges, immunities, duties, and obligations that were severed and

terminated by the court under section 27-20.3-20.
N.D. Cent. Code § 27-12-01 — ND Code / Title 27 / Chapter 27-12 / Section 27-12-01
27-12-01. State bar association of North Dakota - How governed
Status: in_force

27-12-01. State bar association of North Dakota - How governed

The state bar association of North Dakota shall operate under the constitution, bylaws, and

rules adopted at the annual meeting of such association held in 1921 and amendments thereof

duly adopted pursuant to the provisions of such constitution and bylaws.
N.D. Cent. Code § 27-20.3-19 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-19
27-20.3-19. Indian child welfare - Active efforts and procedures
Status: repealed

27-20.3-19. Indian child welfare - Active efforts and procedures

Repealed by S.L. 2023, ch. 293, § 3.
N.D. Cent. Code § 27-24-04 — ND Code / Title 27 / Chapter 27-24 / Section 27-24-04
27-24-04. Compensation and expenses of person appointed temporary judge
Status: in_force

27-24-04. Compensation and expenses of person appointed temporary judge

1. A temporary judge appointed as provided in section 27-24-01 must receive as

compensation for each day of service in the performance of duties under the

appointment an amount equal to five percent of the gross monthly salary of a regularly

elected or appointed judge of the court in which the temporary judge is to serve, or

one-half of that daily compensation for services of one-half day or less. The

compensation must be paid upon the certificate of the temporary judge that the

services were performed for the number of days shown in the certificate and must be

paid in the same manner as the salaries of the regularly elected or appointed judges

are paid.

2. A temporary judge appointed as provided in section 27-24-01 or assigned as provided

in section 27-24-02 to serve outside the county in which the judge resides or maintains

an office must receive, in addition to daily compensation, reimbursement for travel

expenses necessarily incurred in the performance of duties as temporary judge. The

expenses must be reimbursed upon the certification by the temporary judge that the

expenses were actually incurred, in the same manner as like expenses of regularly

elected or appointed judges are paid.
N.D. Cent. Code § 27-21-07 — ND Code / Title 27 / Chapter 27-21 / Section 27-21-07
27-21-07. Report by caretaker to division of juvenile services
Status: in_force

27-21-07. Report by caretaker to division of juvenile services

Any person, agency, department, or career and technical education, training, or other

treatment and rehabilitation institution, either within or outside of this state, that has received

care of a child under this chapter, other than temporary care, shall:

1. Submit to the director of the division, in such form as the director may reasonably

prescribe, a quarterly report of the progress of the child; and

2. Submit to the director of the division, in such form as the director may reasonably

prescribe, any interim report of the progress of the child that the director deems

necessary in the interest of the child.

Quarterly and interim reports must be made available to the committing juvenile court.
N.D. Cent. Code § 27-10-19 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-19
27-10-19. Undertaking may be ordered prosecuted by and in behalf of party aggrieved - Extent of recovery
Status: in_force

27-10-19. Undertaking may be ordered prosecuted by and in behalf of party aggrieved

- Extent of recovery.

An order directing an undertaking given for the appearance of a person accused of

contempt to be prosecuted, in the discretion of the court, may direct the prosecution thereof by

and in the name of any party aggrieved by the misconduct of the accused. In such a case, the

plaintiff may recover damages to the extent of the loss or injury sustained by reason of the

misconduct, together with the costs and expenses of prosecuting the proceedings in which the

warrant was issued, but the recovery may not exceed the sum specified in the undertaking.
N.D. Cent. Code § 27-02-13 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-13
27-02-13. Means of putting into effect rules or amendments to rules adopted by supreme court
Status: repealed

27-02-13. Means of putting into effect rules or amendments to rules adopted by

supreme court.

Repealed by S.L. 1981, ch. 317, § 1.
N.D. Cent. Code § 27-20.5-06 — ND Code / Title 27 / Chapter 27-20.5 / Section 27-20.5-06
27-20.5-06. Fitness to proceed examination (Effective after January 1, 2027)
Status: in_force

27-20.5-06. Fitness to proceed examination. (Effective after January 1, 2027)

1. If there is reason to doubt the minor's fitness to proceed, the court shall order the

minor to be examined by a tier 1a mental health professional.

2. This section does not prohibit any party from retaining the party's own qualified tier 1a

mental health professional to conduct additional evaluations at the party's own

expense.

3. The fitness to proceed examination must be conducted in the least restrictive

environment and may not be conducted in a treatment facility as defined in section

25-03.1-02.

4. The court shall order the prosecuting attorney, minor's attorney, and juvenile court staff

to submit any information considered relevant to the fitness to proceed examination to

the tier 1a mental health professional, including:

a. The names and addresses of all attorneys involved;

b. Information about the alleged offense; and

c. Any information about the minor's background which is in the prosecuting

attorney's possession.

5. Except as prohibited by federal law, the court shall require the attorneys and juvenile

court staff to provide any available records regarding the minor and any other

information relevant to the examination to the tier 1a mental health professional,

including:

a. Psychiatric records;

b. School records;

c. Medical records; and

d. Child protective services records.

6. The requirement to provide records or information under subsections 4 and 5 does not

limit, waive, or abrogate the work product doctrine or the attorney-client privilege, and

release of records and information under subsections 4 and 5 is subject to the work

product doctrine and the attorney-client privilege.

7. The fitness to proceed examination must occur within twenty days from receipt of

materials identified in subsections 4 and 5 and notice of entry of the order served on

the tier 1a mental health professional.

a. The court may grant up to an additional fifteen days to complete the examination

if good cause is shown.

b. The materials required in subsections 4 and 5 must be disclosed

contemporaneously with the order.

c. The tier 1a mental health professional shall notify the court and request any

missing or additional information within seventy-two hours upon discovery of the

missing information or receiving this information, and the attorneys and juvenile

court staff have seven days to send the information to the tier 1a mental health

professional.

8. A tier 1a mental health professional who conducts a fitness to proceed examination

shall submit a written report to the court no later than fifteen days from completing the

fitness to proceed examination. The report must include:

a. A description of the nature, content, and extent of the examination, including:

(1) A description of the assessment procedure, technique, and test used;

(2) Medical, educational, and court records reviewed; and

(3) Social, clinical, developmental, and available legal history.

b. A clinical assessment that includes:

(1) A mental status examination;

(2) The diagnosis and functional impact of mental illness, developmental

disability, or cognitive impairment. If the minor is taking medication, the

impact of the medication on the minor's mental state and behavior;

(3) An assessment of the minor's intelligence and maturity level, when relevant;

(4) The minor's age, developmental state, and decisionmaking abilities; and

(5) Whether the minor has any other factor that affects fitness to proceed.

c. A description of abilities and deficits in the following mental competency functions

related to the minor's fitness to proceed:

(1) The ability to factually and rationally understand and appreciate the nature

and object of the proceedings, including the ability to:

(a) Understand the role of the participants in the court process, including

the roles of the judge, the minor's attorney, the prosecuting attorney,

the probation officer, witnesses, and the jury, and to understand the

adversarial nature of the process;

(b) Appreciate the offense and understand the seriousness of the offense;

(c) Understand and realistically appraise the likely outcomes; and

(d) Extend thinking into the future.

(2) The ability to render meaningful assistance to the minor's attorney in the

preparation of the case, including:

(a) The ability to disclose to an attorney a reasonably coherent

description of facts and events pertaining to the charge, as perceived

by the minor;

(b) The ability to consider the impact of the minor's action on others;

(c) Verbal articulation abilities or the ability to express himself or herself in

a reasonable and coherent manner;

(d) Logical decisionmaking abilities, including multifactored problem

solving or the ability to take several factors into consideration in

making a decision;

(e) The ability to reason about available options by weighing the

consequences, including distinguishing between a not guilty and guilty

plea, weighing pleas, dispositions, waivers, and strategies; and

(f) The ability to display appropriate courtroom behavior and testify

relevantly.

9. The tier 1a mental health professional shall provide the court with a written report

about the minor's fitness to proceed. If the tier 1a mental health professional

determines the minor lacks fitness to proceed, the tier 1a mental health professional

shall comment on the nature of any psychiatric or psychological disorder or cognitive

impairment, the prognosis, and the available services needed to remediate the minor

to fitness, if possible, within a projected time frame.

10. The court shall provide copies of the written report to the minor's attorney, the

prosecuting attorney, the parents' attorney, and any guardian ad litem for the minor as

soon as possible.
N.D. Cent. Code § 27-01-08 — ND Code / Title 27 / Chapter 27-01 / Section 27-01-08
27-01-08. Service of process by mail by federal marshals
Status: repealed

27-01-08. Service of process by mail by federal marshals

Repealed by
N.D. Cent. Code § 27-23-11 — ND Code / Title 27 / Chapter 27-23 / Section 27-23-11
27-23-11. Costs
Status: in_force

27-23-11. Costs

No award of costs may be made in any proceeding before the commission, a master, or the

supreme court.
N.D. Cent. Code § 27-19.1-03 — ND Code / Title 27 / Chapter 27-19.1 / Section 27-19.1-03
27-19.1-03. Court proceedings
Status: in_force

27-19.1-03. Court proceedings

1. In a proceeding involving the foster care placement of or termination of parental rights

to an Indian child whom the court knows or has reason to know may be an Indian

child, the party seeking the foster care placement or termination of parental rights, for

the first hearing of the proceeding, shall notify the Indian child's parent, Indian

custodian, and tribe, by registered mail, return receipt requested, of the pending

proceeding and of the parties' right to intervene in the proceeding and shall file the

return receipt with the court. Notice of subsequent hearings in a proceeding must be in

writing and may be given by mail, personal delivery, facsimile transmission, or

electronic mail. If the identity or location of the Indian child's parent, Indian custodian,

or tribe cannot be determined, that notice shall be given to the United States secretary

of the interior in like manner. The first hearing in the proceeding may not be held until

at least ten days after receipt of the notice by the parent, Indian custodian, and tribe or

until at least fifteen days after receipt of the notice by the United States secretary of

the interior. On request of the parent, Indian custodian, or tribe, the court shall grant a

continuance of up to twenty additional days to enable the requester to prepare for that

hearing.

2. Each party to a child custody proceeding of an Indian child has the right to examine all

reports or other documents filed with the court upon which a decision with respect to

the out-of-home care placement, termination of parental rights, or return of custody

may be based.
N.D. Cent. Code § 27-20.3-10 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-10
27-20.3-10. Release from shelter care - Hearing - Conditions of release
Status: in_force

27-20.3-10. Release from shelter care - Hearing - Conditions of release

1. If a child is brought before the court or delivered to a shelter care or certified shelter

care facility, the human service zone immediately shall make an investigation and

release the child unless it appears that the child's shelter care is warranted or required

under section 27-20.3-07. If there is reason to believe the child may be an Indian child

and the federal Indian Child Welfare Act of 1978 [25 U.S.C. 1901 through 1963] may

apply, the judge or referee may order the child be placed under the custody of the

human service zone for a maximum of thirty days from the date of the emergency

removal upon finding:

a. A return of the child to the parent or Indian custodian would subject the child to

imminent danger or harm;

b. The court has been unable to transfer the proceeding to the appropriate Indian

tribe; or

c. Holding an adjudicatory hearing is not possible.

2. If the child is not released, a judge or referee shall hold a shelter care hearing promptly

and not later than ninety-six hours after the child is placed in shelter care to determine

whether there is probable cause to believe that the child is in need of protection and

whether the child's shelter care is required under section 27-20.3-07. Reasonable

notice, either oral or written, stating the time, place, and purpose of the shelter care

hearing must be given to the child and, if able to be found, to the child's parents,

guardian, or other custodian. Before the commencement of the hearing, the court shall

inform the parties of the rights of the parties to counsel and to counsel at public

expense if the parties are indigent.

3. If continued shelter care is required, the judge or referee may order that the child be

kept in shelter care for no more than sixty days from the date the child was placed in

shelter care.

4. As a condition to the child's release from shelter care, the court may order a parent,

guardian, custodian, or any other member of the household in which the child resides

to vacate the child's residence if probable cause exists to believe that the parent,

guardian, custodian, or other member of the household has committed a sexual

offense with or against the child, pursuant to sections 12.1-20-03 through 12.1-20-07

or section 12.1-20-11, and the presence of the alleged sexual offender in the child's

residence presents a danger to the child's life or physical, emotional, or mental health.

The court may order that the parent, guardian, or custodian not allow contact with an

identified person if the court determines the order is in the best interests of the child.

5. If the child is not released and a parent, guardian, or custodian has not been notified of

the hearing, did not appear or waive appearance at the hearing, and files an affidavit

showing these facts, the court shall rehear the matter without unnecessary delay and

order the child's release, unless it appears from the hearing that the child's shelter

care is required under section 27-20.3-07.
N.D. Cent. Code § 27-20.2-07 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-07
27-20.2-07. Transfer from other courts
Status: in_force

27-20.2-07. Transfer from other courts

If it appears to the court in a criminal proceeding, except for an offense transferred under

section 27-20.4-20, that the defendant is a child subject to the jurisdiction of the juvenile court,

the court immediately shall transfer the case to the juvenile court together with a copy of the

accusatory pleading and other papers, documents, and transcripts of testimony relating to the

case. The court shall order that the defendant be taken immediately to the juvenile court or to a

place of detention designated by the juvenile court, or release the defendant to the custody of

the defendant's parent, guardian, custodian, or other person legally responsible for the

defendant, to be brought before the juvenile court at a time designated by that court. The

accusatory pleading may serve in lieu of a petition in the juvenile court unless that court directs

the filing of a petition.
N.D. Cent. Code § 27-02.1-09 — ND Code / Title 27 / Chapter 27-02.1 / Section 27-02.1-09
27-02.1-09. Publication of opinions (Effective through January 1, 2034)
Status: in_force

27-02.1-09. Publication of opinions. (Effective through January 1, 2034)

Opinions of the panels of the temporary court of appeals may be published pursuant to

rules of the supreme court.
N.D. Cent. Code § 27-02.1-08 — ND Code / Title 27 / Chapter 27-02.1 / Section 27-02.1-08
27-02.1-08. Unitary appeal - Filing of appeal - Filing fee (Effective through January 1, 2034)
Status: in_force

27-02.1-08. Unitary appeal - Filing of appeal - Filing fee. (Effective through January 1,

2034)

All appeals must be treated as one appeal process under the jurisdiction of the supreme

court. In any appeal there may be only one filing and one filing fee required. The filing fee is as

prescribed by section 27-03-05.
N.D. Cent. Code § 27-13-03 — ND Code / Title 27 / Chapter 27-13 / Section 27-13-03
27-13-03. Attorney not to be surety
Status: in_force

27-13-03. Attorney not to be surety

No practicing attorney and counselor at law may be a surety in any action or proceeding

which may be instituted in any of the courts of this state.
N.D. Cent. Code § 27-19-11 — ND Code / Title 27 / Chapter 27-19 / Section 27-19-11
27-19-11. Petition for withdrawal
Status: in_force

27-19-11. Petition for withdrawal

Civil jurisdiction as herein provided over an Indian reservation may be terminated by petition

of three-fourths of the enrolled residents of a reservation who are eighteen years of age or older.

Such petition must be filed with the North Dakota Indian affairs commission.
N.D. Cent. Code § 27-02-18 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-18
27-02-18. Calendar of the supreme court
Status: in_force

27-02-18. Calendar of the supreme court

All cases pending in the supreme court, on appeal or otherwise, must be placed on the

calendar of such court and are subject to call for argument and for final disposition in such

manner and at such times as the supreme court, by rule or order, may prescribe.
N.D. Cent. Code § 27-02-02.1 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-02.1
27-02-02.1. Additional compensation - Supreme and district court judges
Status: repealed

27-02-02.1. Additional compensation - Supreme and district court judges

Repealed by S.L. 1975, ch. 266, § 3.
N.D. Cent. Code § 27-11-15 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-15
27-11-15. Records to be kept by state board of law examiners
Status: in_force

27-11-15. Records to be kept by state board of law examiners

The state board of law examiners shall keep a record of all of its proceedings and a record

of all applications for admission and admissions to the bar of this state and shall enroll in a book

to be kept for this purpose the name of each person admitted to practice in this state as an

attorney at law.
N.D. Cent. Code § 27-11-27 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-27
27-11-27. When foreign attorneys may practice in this state
Status: repealed

27-11-27. When foreign attorneys may practice in this state

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 27-20.1-16 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-16
27-20.1-16. Procedure for modification, resignation, or termination of a guardianship
Status: in_force

27-20.1-16. Procedure for modification, resignation, or termination of a guardianship

1. A guardian may petition for permission to resign. A petition for permission to resign

must include a request for appointment of a successor guardian unless continuation of

the guardianship is no longer necessary. Resignation of a guardian does not terminate

the guardianship unless specifically ordered by the court.

2. Any party to the proceeding in which the child's status was adjudicated, the director,

the child, if fourteen or more years of age, or any interested person, may petition for

removal or modification of a guardian on the grounds the removal or modification

would be in the best interest of the child. A petition for removal or modification must

include a request for appointment of a successor guardian unless continuation of the

guardianship is no longer necessary.

3. Any party to the proceeding in which the child's status was adjudicated, the director,

the child, if fourteen or more years of age, or any interested person, may petition for

termination of the guardianship due to:

a. The child's death, adoption, marriage, or attainment of majority;

b. The withdrawal of the parent's consent; or

c. The basis for the guardianship no longer exists.

4. The person seeking modification, resignation, removal, or termination of the

guardianship shall file a supporting affidavit with the petition demonstrating the basis

for the petition, and serve the petition and affidavit on the child, if the child is age

fourteen or older, the child's parents, unless the parents' rights have been terminated

or the parents are deceased, and any interested persons designated by the court in its

order. The petition must be reviewed by the court to determine whether to set an

evidentiary hearing. If an insufficient showing has been made, the court shall issue an

order denying the petition.

5. If, at any time in the proceeding, the court determines it is in the best interest of the

child, the court may appoint a guardian ad litem.

6. If, at any time in the proceeding, the court determines the interests of the child are or

may be inadequately represented, the court may appoint an attorney to represent the

child.
N.D. Cent. Code § 27-25-09 — ND Code / Title 27 / Chapter 27-25 / Section 27-25-09
27-25-09. Committee budget
Status: in_force

27-25-09. Committee budget

The supreme court shall prepare and present to the legislative assembly a proposed

biennial budget for the committee.
N.D. Cent. Code § 27-20.1-02 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-02
27-20.1-02. Jurisdiction
Status: in_force

27-20.1-02. Jurisdiction

The juvenile court has exclusive original jurisdiction of proceedings to grant, modify, or

terminate guardianship for a child, except the testamentary appointment of a guardian for a

minor governed by chapter 30.1-27 and the appointment of a guardian for a minor becoming an

incapacitated adult under section 30.1-28-03.3.
N.D. Cent. Code § 27-19.1-05 — ND Code / Title 27 / Chapter 27-19.1 / Section 27-19.1-05
27-19.1-05. Placement preferences
Status: in_force

27-19.1-05. Placement preferences

1. Subject to subsections 3 and 4, in placing an Indian child for adoption or in delegating

powers, as described in a lawful executed power of attorney regarding an Indian child,

preference must be given, in the absence of good cause, as described in subsection 6,

to the contrary, to a placement with or delegation to one of the following, in the order of

preference listed:

a. The tribe's statutory adopted placement preference, if applicable;

b. An extended family member of the Indian child;

c. Another member of the Indian child's tribe;

d. Another Indian family with whom the Indian child has a relationship or an Indian

family from a tribe that is culturally similar to or linguistically connected to the

Indian child's tribe; or

e. Another Indian family.

2. An Indian child who is accepted for a foster care placement or a preadoptive

placement must be placed in the least restrictive setting that most approximates a

family that meets the Indian child's special needs, if any, and which is within

reasonable proximity to the Indian child's home, taking into account those special

needs. Subject to subsections 4 and 6, in placing an Indian child in a foster care

placement or a preadoptive placement, preference must be given, in the absence of

good cause, as described in subsection 6, to the contrary, to a placement in one of the

following, in the order of preference listed:

a. The tribe's statutory adopted placement preference, if applicable;

b. The home of an extended family member of the Indian child;

c. A foster home licensed, approved, or specified by the Indian child's tribe;

d. An Indian foster home licensed or approved by the department; or

e. A qualified residential treatment facility or residential care center for children and

youth approved by an Indian tribe or operated by an Indian organization that has

a program suitable to meet the needs of the Indian child.

3. An Indian child who is the subject of an emergency removal or placement under a

child custody determination under section 27-20.3-06 must be placed in compliance

with foster care placement or preadoptive placement preferences, unless the person

responsible for determining the placement finds good cause, as described in

subsection 6, for departing from the order of placement preference under subsection 2

or finds that emergency conditions necessitate departing from that order. When the

reason for departing from that order is resolved, the Indian child must be placed in

compliance with the order of placement preference under subsection 2.

4. In placing an Indian child under subsections 1 and 2 regarding an Indian child under

subsection 1, if the Indian child's tribe has established, by resolution, an order of

preference that is different from the order specified in subsection 1 or 2, the order of

preference established by that tribe must be followed, in the absence of good cause,

as described in subsection 6, to the contrary, so long as the placement under

subsection 1 is appropriate for the Indian child's special needs, if any, and the

placement under subsection 2 is the least restrictive setting appropriate for the Indian

child's needs as specified in subsection 2.

5. The standards to be applied in meeting the placement preference requirements of this

subsection must be the prevailing social and cultural standards of the Indian

community in which the Indian child's parent, Indian custodian, or extended family

members reside or with which the Indian child's parent, Indian custodian, or extended

family members maintain social and cultural ties.

6. a. If a party asserts that good cause not to follow the placement preferences exists,

the reasons for that belief or assertion must be stated orally on the record or

provided in writing to the parties to the child custody proceeding and the court.

b. The party seeking departure from the placement preferences bears the burden of

proving by clear and convincing evidence that there is good cause to depart from

the placement preferences.

c. A court's determination of good cause to depart from the placement preferences

must be made on the record or in writing and must be based on one or more of

the following considerations:

(1) The request of the Indian child's parent, if they attest that they have

reviewed the placement options, if any, that comply with the order of

preference.

(2) The request of the Indian child, if the Indian child is of sufficient age and

capacity to understand the decision being made.

(3) The presence of a sibling attachment that can be maintained only through a

particular placement.

(4) The extraordinary physical, mental, or emotional needs of the Indian child,

such as specialized treatment services that may be unavailable in the

community where families who meet the placement preferences live.

(5) The unavailability of a suitable placement after a determination by the court

that a diligent search was conducted to find suitable placements meeting the

preference criteria, but none has been located. For purposes of this

analysis, the standards for determining whether a placement is unavailable

must conform to the prevailing social and cultural standards of the Indian

community in which the Indian child's parent, Indian custodian, or extended

family resides or with which the Indian child's parent, Indian custodian, or

extended family members maintain social and cultural ties.

d. A placement may not depart from the preferences based on the socioeconomic

status of any placement relative to another placement.

e. A placement may not depart from the preferences based solely on ordinary

bonding or attachment that flowed from time spent in a nonpreferred placement

that was made in violation of this chapter.

f. The burden of establishing good cause to depart from the order of placement

preference is on the party requesting that departure.

7. The department or a child welfare agency shall maintain a record of each adoptive

placement, foster care placement, preadoptive placement, and delegation of powers,

made of an Indian child, evidencing the efforts made to comply with the placement

preference requirements specified in this section, and shall make that record available

at any time on the request of the United States secretary of the interior or the Indian

child's tribe.
N.D. Cent. Code § 27-23-03 — ND Code / Title 27 / Chapter 27-23 / Section 27-23-03
27-23-03. Other powers
Status: in_force

27-23-03. Other powers

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.
N.D. Cent. Code § 27-11-03.1 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-03.1
27-11-03.1. Conviction not bar to certification - Exceptions
Status: in_force

27-11-03.1. Conviction not bar to certification - Exceptions

Conviction of an offense does not disqualify a person from a certificate of admission and

licensure under this chapter unless the state board of law examiners and the supreme court

determine that the offense has a direct bearing upon a person's ability to serve the public as an

attorney and counselor at law, or that the person, following conviction of any offense, is not

sufficiently rehabilitated under section 12.1-33-02.1.
N.D. Cent. Code § 27-19-08 — ND Code / Title 27 / Chapter 27-19 / Section 27-19-08
27-19-08. Limitations upon jurisdiction
Status: in_force

27-19-08. Limitations upon jurisdiction

Nothing in this section authorizes the alienation, encumbrance, or taxation of any real or

personal property belonging to any Indian or Indian tribe, band, or community that is held in trust

by the United States or is subject to a restriction against alienation imposed by the United

States; or authorizes regulation of the use of the property in a manner inconsistent with any

federal treaty, agreement, or statute, or with any regulation made pursuant thereto; or confers

jurisdiction upon the state to adjudicate, in probate proceedings or otherwise, the ownership or

right to possession of such property or any interest therein. The civil jurisdiction herein accepted

and assumed includes the determination of parentage of children, termination of parental rights,

commitments by district courts, guardianship, marriage contracts, and obligations for the

support of spouse, children, or other dependents.
N.D. Cent. Code § 27-09.1-07 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-07
27-09.1-07. Juror qualification form
Status: in_force

27-09.1-07. Juror qualification form

1. From time to time and in a manner prescribed by the court, the clerk shall mail to the

prospective juror a qualification form accompanied by instructions to fill out and return

the form by mail to the clerk within ten days after its receipt. The juror qualification form

must be approved by the state court administrator as to matters of form and must elicit

the name, address of residence, and age of the prospective juror and whether the

prospective juror:

a. Is a citizen of the United States and a resident of the county;

b. Is able with reasonable accommodation to communicate and understand the

English language;

c. Has any physical or mental disability that may require reasonable

accommodation to render satisfactory jury service; and

d. Has lost the right to vote because of imprisonment resulting from conviction of a

felony (section 27-09.1-08).

The juror qualification form must contain the prospective juror's declaration that the

responses are true to the best of the prospective juror's knowledge and the

prospective juror's acknowledgment that a willful misrepresentation of a material fact

may be punished by a fine of not more than one thousand dollars or imprisonment in

the county jail for not more than thirty days, or both. Notarization of the juror

qualification form is not required. If the prospective juror is unable to fill out the form,

another person may do it for the prospective juror and shall indicate that fact and the

reason therefor. If it appears there is an omission, ambiguity, or error in a returned

form, the clerk shall again send the form with instructions to the prospective juror to

make the necessary addition, clarification, or correction and to return the form to the

clerk within ten days after its second receipt.

2. Any prospective juror who fails to return a completed juror qualification form as

instructed shall be directed by the clerk to appear forthwith before the clerk to fill out

the juror qualification form. At the time of the prospective juror's appearance for jury

service, or at the time of any interview before the court or clerk, the prospective juror

may be required to fill out another juror qualification form in the presence of the court

or clerk, at which time the prospective juror may be questioned, but only with regard to

responses to questions contained on the form and grounds for excuse or

disqualification. Any information thus acquired by the court or clerk shall be noted on

the juror qualification form.

3. Any person who willfully misrepresents a material fact on a juror qualification form for

the purpose of avoiding or securing service as a juror is guilty of a class B

misdemeanor.
N.D. Cent. Code § 27-05-08.1 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-08.1
27-05-08.1. Terms of district court to be fixed by supreme court
Status: repealed

27-05-08.1. Terms of district court to be fixed by supreme court

Repealed by S.L. 1981, ch. 316, § 2.
N.D. Cent. Code § 27-02.2-13 — ND Code / Title 27 / Chapter 27-02.2 / Section 27-02.2-13
27-02.2-13. Annual report
Status: in_force

27-02.2-13. Annual report

Before July first of each year, the supreme court shall submit a report on the status of the

program to the legislative management.
N.D. Cent. Code § 27-20.4-15 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-15
27-20.4-15. Predispositional assessment (Effective through January 1, 2027)
Status: in_force

27-20.4-15. Predispositional assessment. (Effective through January 1, 2027)

1. Before the disposition hearing, the court shall direct the director or designee, to

conduct a predisposition assessment and to prepare a written report for the court,

unless waived by the court.

2. The predisposition assessment must consist of a risk and needs assessment together

with any other appropriate screenings.

3. During the pendency of any proceeding the court may order:

a. The child to be examined at a suitable place by a physician, psychologist, or

certified addiction counselor;

b. The child to be tested by appropriate forensic methods to determine whether the

child has been exposed to a controlled substance or other substance considered

injurious to the child's health;

c. Medical or surgical treatment of a child who is suffering from a serious physical

condition or illness, or alcohol or drug abuse, which in the opinion of a licensed

physician requires prompt treatment, even if the parent, guardian, or other

custodian has not been given notice of a hearing, is not available, or without good

cause informs the court of that person's refusal to consent to the treatment;

d. An evidence-based risk and needs assessment, mental health screening, or

trauma screening; or

e. The child to be examined to determine the child's competence or criminal

responsibility. If the child is found to lack competency or criminal responsibility the

court may:

(1) Dismiss the delinquency proceedings against the child and order the release

of the child to the child's parent, guardian, or legal custodian upon

conditions considered appropriate by the court;

(2) Suspend the delinquency proceedings against the child for a period of up to

one year and order services be provided to the child as an outpatient or

inpatient, by commitment to an institution for persons with intellectual

disabilities or mental illness; or

(3) Dismiss the delinquency proceedings and direct that child in need of

protection proceedings be initiated.

Predispositional assessment. (Effective after January 1, 2027)

1. Before the disposition hearing, the court shall direct the director or designee, to

conduct a predisposition assessment and to prepare a written report for the court,

unless waived by the court.

2. The predisposition assessment must consist of a risk and needs assessment together

with any other appropriate screenings.

3. During the pendency of any proceeding the court may order:

a. The child to be examined at a suitable place by a physician, psychologist, or

certified addiction counselor;

b. The child to be tested by appropriate forensic methods to determine whether the

child has been exposed to a controlled substance or other substance considered

injurious to the child's health;

c. Medical or surgical treatment of a child who is suffering from a serious physical

condition or illness, or alcohol or drug abuse, which in the opinion of a licensed

physician requires prompt treatment, even if the parent, guardian, or other

custodian has not been given notice of a hearing, is not available, or without good

cause informs the court of that person's refusal to consent to the treatment; or

d. An evidence-based risk and needs assessment, mental health screening, or

trauma screening.
N.D. Cent. Code § 27-03-08 — ND Code / Title 27 / Chapter 27-03 / Section 27-03-08
27-03-08. Clerk of supreme court to procure necessary records, supplies, and furniture
Status: in_force

27-03-08. Clerk of supreme court to procure necessary records, supplies, and

furniture.

The clerk of the supreme court shall procure the necessary records, seal, stationery,

postage, and furniture for the use of the supreme court, and the expenses thereof must be paid

out of the moneys appropriated to the supreme court for that purpose.
N.D. Cent. Code § 27-20.1-05 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-05
27-20.1-05. Petition - Who may file
Status: in_force

27-20.1-05. Petition - Who may file

A petition to establish, modify, or terminate a guardianship order, other than one that has

been transferred by the district court under chapter 30.1-27, may be filed by any person

interested in the welfare of the child who has knowledge of the facts alleged or has information

and belief that the facts are true.
N.D. Cent. Code § 27-05.2-08 — ND Code / Title 27 / Chapter 27-05.2 / Section 27-05.2-08
27-05.2-08. Court facilities improvement and maintenance fund - Administration - Continuing appropriation
Status: in_force

27-05.2-08. Court facilities improvement and maintenance fund - Administration -

Continuing appropriation.

The court facilities improvement and maintenance fund is a special fund in the state

treasury. The state treasurer shall deposit in the fund certain fees collected under section
N.D. Cent. Code § 27-05.2-04 — ND Code / Title 27 / Chapter 27-05.2 / Section 27-05.2-04
27-05.2-04. Clerk to keep record of fees - Monthly report to county auditor or state treasurer - Continuing appropriation
Status: in_force

27-05.2-04. Clerk to keep record of fees - Monthly report to county auditor or state

treasurer - Continuing appropriation.

A clerk of the district court providing clerk services in accordance with subsection 2 or 6 of

section 27-05.2-02 shall keep a public record of all money received as fees for services

rendered as clerk. Within three days after the close of each calendar month, the clerk shall file

with the county auditor a statement under oath showing the amount of fees received as clerk

since the date of the clerk's last report and within three days thereafter the clerk shall deposit

with the county treasurer the total sum of such fees which must be used for facilities, except

fees that the clerk is directed to deposit with the state treasurer or is authorized expressly to

retain. Within three days after the close of each calendar month, a clerk who has become a

state employee under subsection 3 or 4 of section 27-05.2-02 shall file with the state treasurer a

statement under oath showing the amount of fees received by the clerk since the date of the

clerk's last report. Within three days thereafter, the clerk shall deposit with the state treasurer

the total sum of fees required to be deposited in the general fund or in a designated special

fund. The clerk shall forward to the county treasurer any fees received under section 27-05.2-03

which are not required to be deposited in the state general fund or a designated special fund.

Those fees must be used for facilities. A special court receivables fund is established in the

state treasury for purposes of depositing any money received by the clerk which is not required

to be deposited in the state general fund, a different special fund, or the county treasury and

which is received as bail or restitution, or otherwise received pursuant to an order of the court.

Moneys in the special fund are appropriated to the judicial branch on a continuing basis for

purposes of refunding bail, forwarding restitution amounts to the entitled recipient, or otherwise

making payments as directed by an order of the court. To facilitate making payments from the

special fund, the clerk may establish a special account in the Bank of North Dakota or in a

banking institution designated as a depository of public funds under chapter 21-04. If money

deposited as bail is forfeited, the clerk shall submit the appropriate sum to the state treasurer for

deposit in the state general fund. If the clerk is unable to make payments from the special

account because the address of the recipient is unknown or the recipient cannot otherwise be

located, the clerk shall dispose of the deposited money in accordance with chapter 47-30.2.
N.D. Cent. Code § 27-20.3-25 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-25
27-20.3-25. Court order required for removal of child
Status: in_force

27-20.3-25. Court order required for removal of child

An order of disposition or other adjudication in a proceeding under this chapter, in those

cases in which a child is removed from the home of a parent, custodian, or guardian for the

reason that continuation in such home would be contrary to the welfare of such child, must

specifically state that a continuation of the child in the home of the parent, custodian, or

guardian would be contrary to the welfare of the child.
N.D. Cent. Code § 27-01-04 — ND Code / Title 27 / Chapter 27-01 / Section 27-01-04
27-01-04. Authority of judges of the district and county courts in bankruptcy proceedings
Status: repealed

27-01-04. Authority of judges of the district and county courts in bankruptcy

proceedings.

Repealed by S.L. 1991, ch. 326, § 203.
N.D. Cent. Code § 27-08.1-02 — ND Code / Title 27 / Chapter 27-08.1 / Section 27-08.1-02
27-08.1-02. Commencement of action - Claim affidavit
Status: in_force

27-08.1-02. Commencement of action - Claim affidavit

Actions in the small claims court are commenced whenever any person executes and files

with the court a claim affidavit, and causes the affidavit to be served by a person of legal age,

not a party to or interested in the action, on the defendant or mails it to the defendant by

certified mail with restricted delivery along with a form upon which the defendant must indicate

whether a hearing is requested and whether the defendant elects to remove the action to district

court. If, within twenty days of service of the affidavit and form, the court has not received a

request for a hearing or an election to remove to district court, or if the defendant indicates that

a hearing is not requested, a hearing will not be scheduled and judgment may be entered

against the defendant by default. If the defendant requests a hearing in small claims court, the

hearing must be not less than ten days and not more than thirty days after receipt of the

request. Except for an action under subdivision e of subsection 2 of section 27-08.1-01, the

mailing or personal service may be made anywhere within the state. Forms used in small claims

court actions must be approved by the state court administrator and obtained from, or at the

direction of, the clerk of district court or in electronic form from the supreme court.
N.D. Cent. Code § 27-20.2-06 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-06
27-20.2-06. Commencement of proceedings
Status: in_force

27-20.2-06. Commencement of proceedings

A proceeding under this chapter may be commenced:

1. By transfer of a case from another court as provided in section 27-20.2-07; or

2. In other cases by the filing of a petition as provided in this chapter. The petition and all

other documents in the proceeding must be entitled "In the interest of

_______________, a child". If a child is in shelter care, the petition must be filed within

thirty days of the shelter care, this is the date on which the child was removed both

physically and legally from the parents, legal guardians, or custodians.
N.D. Cent. Code § 27-01-05 — ND Code / Title 27 / Chapter 27-01 / Section 27-01-05
27-01-05. Expenses on change of venue
Status: repealed

27-01-05. Expenses on change of venue

Repealed by S.L. 1991, ch. 326, § 203.
N.D. Cent. Code § 27-21-04 — ND Code / Title 27 / Chapter 27-21 / Section 27-21-04
27-21-04. Creation of state youth authority advisory board - Members - Meetings - Powers and duties
Status: repealed

27-21-04. Creation of state youth authority advisory board - Members - Meetings -

Powers and duties.

Repealed by S.L. 1989, ch. 157, § 12.
N.D. Cent. Code § 27-05-15 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-15
27-05-15. Terms for naturalization
Status: repealed

27-05-15. Terms for naturalization

Repealed by S.L. 1981, ch. 316, § 2.
N.D. Cent. Code § 27-10-01.2 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-01.2
27-10-01.2. Power of court to punish for contempt of court
Status: in_force

27-10-01.2. Power of court to punish for contempt of court

1. A court of record of this state may impose a remedial or punitive sanction for contempt

of court under this chapter.

2. Upon the trial of an action or issue by a referee appointed by the court, the

commission of any offense that constitutes contempt of court must be deemed

contempt of the court appointing the referee, and the offense may be punished by the

court in the manner and upon the proceedings in this chapter provided, except that the

offense may be presented to the court by a report of the referee instead of by affidavit.
N.D. Cent. Code § 27-05-18 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-18
27-05-18. District judges prohibited from holding consecutive jury terms - Exception
Status: repealed

27-05-18. District judges prohibited from holding consecutive jury terms - Exception

Repealed by S.L. 1995, ch. 295, § 1.
N.D. Cent. Code § 27-05-25 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-25
27-05-25. How business of district courts assigned judges and regulated - Several cases triable at same time
Status: in_force

27-05-25. How business of district courts assigned judges and regulated - Several

cases triable at same time.

In judicial districts of this state having more than one judge, the business of the court must

be divided between or among the judges and otherwise regulated as the supreme court by

order shall direct. Each of such judges may try court or jury cases separately during the same

term and at the same time.
N.D. Cent. Code § 27-12-04 — ND Code / Title 27 / Chapter 27-12 / Section 27-12-04
27-12-04. Moneys payable from state bar fund to state bar association
Status: in_force

27-12-04. Moneys payable from state bar fund to state bar association

The state bar association of North Dakota, out of the state bar fund, must receive for

operation of the lawyer discipline system seventy-five dollars of each license fee beginning

January 1, 1999. Eighty percent of the remaining amount of the annual license fees paid by

licensed members must be paid to the state bar association for the purpose of administering

and operating the association. These sums must be paid quarterly to the association by the

state board of law examiners upon vouchers drawn in accordance with section 54-44-12.
N.D. Cent. Code § 27-10-01.1 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-01.1
27-10-01.1. Definitions
Status: in_force

27-10-01.1. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Contempt of court" means:

a. Intentional misconduct in the presence of the court which interferes with the court

proceeding or with the administration of justice, or which impairs the respect due

the court;

b. Intentional nonpayment of a sum of money ordered by the court to be paid in a

case when by law execution cannot be awarded for the collection of the sum;

c. Intentional disobedience, resistance, or obstruction of the authority, process, or

order of a court or other officer, including a referee or magistrate;

d. Intentional refusal of a witness to appear for examination, to be sworn or to affirm,

or to testify after being ordered to do so by the court;

e. Intentional refusal to produce a record, document, or other object after being

ordered to do so by the court;

f. Intentional behavior in derogation of any provision of a summons issued pursuant

to rule 8.4 of the North Dakota Rules of Court; or

g. Any other act or omission specified in the court rules or by law as a ground for

contempt of court.

2. "Court" means a court of record of this state.

3. "Punitive sanction" includes a sanction of imprisonment if the sentence is for a definite

period of time. A sanction requiring payment of a sum of money is punitive if the

sanction is not conditioned upon performance or nonperformance of an act, and if the

sanction's purpose is to uphold the authority of the court.

4. "Remedial sanction" includes a sanction that is conditioned upon performance or

nonperformance of an act required by court order. A sanction requiring payment of a

sum of money is remedial if the sanction is imposed to compensate a party or

complainant, other than the court, for loss or injury suffered as a result of the

contempt.
N.D. Cent. Code § 27-20.2-24 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-24
27-20.2-24. Children's fingerprints, photographs
Status: in_force

27-20.2-24. Children's fingerprints, photographs

1. A child under fourteen years of age may not be fingerprinted in the investigation of a

crime except as provided in this section. Fingerprints of a child who is referred to the

court may be taken and filed by law enforcement officers in investigating the

commission of the following crimes: murder, manslaughter, gross sexual imposition,

robbery, aggravated assault, burglary, theft, forgery, and unlawful possession or use of

a handgun.

2. Fingerprint files of children must be kept separate from those of adults. Copies of

fingerprints known to be those of a child may be maintained locally and copies may be

sent to a central state depository but may not be sent to a federal depository unless

needed in the interest of national security.

3. Fingerprint files of children may be inspected by law enforcement officers if necessary

for the discharge of official duties of law enforcement officers. Other inspections may

be authorized by the court in individual cases upon a showing it is necessary in the

public interest.

4. Fingerprints of a child are considered a part of the child's juvenile or adult investigative

file and must be removed from the state and local files and destroyed in accordance

with section 27-20.2-25.

5. If latent fingerprints are found during the investigation of an offense and a law

enforcement officer has probable cause to believe the latent fingerprints are those of a

particular child, the officer may fingerprint the child regardless of age or offense for

purposes of immediate comparison with the latent fingerprints. If the comparison is

negative, the fingerprint card and other copies of the fingerprints taken must be

destroyed immediately. If the child is not referred to the court, the fingerprints must be

destroyed immediately.

6. A child may be photographed by a law enforcement officer at the time of arrest for the

crimes of murder, manslaughter, gross sexual imposition, robbery, aggravated assault,

burglary, theft, forgery, or unlawful possession or use of a handgun. The photograph

must be destroyed if the child is not referred to the juvenile court. If a court finds facts

that would justify a finding that a child at least fourteen years of age at the time of the

offense is delinquent and the finding involves the unlawful use or possession of a

handgun or the commission of an act proscribed by the criminal laws of this state and

punishable as a felony or a class A misdemeanor committed for the benefit of, at the

direction of, or in association or affiliation with any criminal street gang, with the intent

to promote, further, or assist in the activities of a criminal gang, the juvenile court shall

order upon the request of the state's attorney the taking and retention of a photograph

of the child for purposes of identification. Photographs of children under this

subsection may be maintained on a local basis and sent to a central state depository

but must be maintained separate from those of adults and must be destroyed in

accordance with section 27-20.2-25.
N.D. Cent. Code § 27-02-19 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-19
27-02-19. Causes given preference on supreme court calendar
Status: in_force

27-02-19. Causes given preference on supreme court calendar

On a second and each subsequent appeal to the supreme court, or when an appeal has

once been dismissed for defect or irregularity, the cause must be placed upon the calendar as

of the time of filing the first appeal. If an appeal is taken from any judgment or order for or

against the state of North Dakota, any state officer, or any board of state officers, as sole plaintiff

or defendant, such appeal must have a preference in the supreme court and upon motion of

either party thereto may be moved out of the order on the calendar.
N.D. Cent. Code § 27-20.4-01 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-01
27-20.4-01. Definitions
Status: in_force

27-20.4-01. Definitions

1. "Accountability" means that after a child is determined to have committed delinquent

behavior, by admission or adjudication, the child is held responsible for the behavior

through individualized and structured consequences or sanctions for the loss, damage,

or injury suffered and proportionate to the offense.

2. "Arrest" means a taking into custody of a child by law enforcement in the manner

authorized by law to answer for the commission of a delinquent offense.

3. "Attendant care" is a nonsecure holdover site for delinquent children who have been

picked up by law enforcement and need constant short-term supervision on a

preadjudicatory basis or as an alternative to detention.

4. "Certified shelter care" means a nonsecure permanent dwelling operated by an

agency certified by the department of health and human services, where employees

offer safe shelter, food, and a structured routine, and which is available twenty-four

hours a day to a resident in need of emergency placement, not to exceed seven days,

unless otherwise approved by the department.

5. "Child" means an individual who is:

a. Under the age of eighteen years and is not married; or

b. Eighteen years of age or older with respect to a delinquent act committed while

under the age of eighteen years and not married, unless an offense is transferred

under section 27-20.4-21.

6. "Community-based program" means a nonresidential program.

7. "Custodian" means a person, other than a parent or legal guardian, which stands in

loco parentis to the child and a person that has been given legal custody of the child

by order of a court.

8. "Delinquent act" means an act designated a crime under the law, including local

ordinances or resolutions of this state, or of another state if the act occurred in that

state, or under federal law.

9. "Delinquent child" means a child who has committed a delinquent act and is in need of

treatment or rehabilitation or is a child subject to proceedings arising under the

interstate compact on juveniles.

10. "Detention" means a physically secure facility with locked doors. The term does not

include shelter care, attendant care, or home confinement.

11. "Director" means the director of juvenile court services.

12. "Dispositional stage" means any proceeding after adjudication for a delinquent offense.

13. "Diversion" means an intervention strategy made by a person with authority which

directs the child away from formal court processing to a specifically designed program

or activity to hold the child accountable for the actions of the child and prevents further

involvement in the formal legal system.

14. "Division" means the division of juvenile services.

15. "Evidence-based" means a program or practice that has had multiple randomized

control studies demonstrating the program or practice is effective for a specific

population, has been researched, and has been rated as effective by a standardized

program evaluation tool.

16. "Facility" means buildings, structures, or systems, including those for essential

administration and support, which are used to provide residential treatment for

children.

17. "Fit and willing relative or other appropriate individual" means a relative or other

individual who has been determined, after consideration of an assessment that

includes a criminal history record investigation under chapter 50-11.3, to be a qualified

individual under chapters 27-20.1 and 30.1-27, and who consents in writing to act as a

legal guardian.

18. "Graduated sanctions" means a calibrated system of sanctions designed to ensure

that children face timely and consistent consequences that correspond to the

frequency and nature of a child's noncompliant behaviors, public safety risk, and

engagement in supervision and services.

19. "Home" when used in the phrase "to return home" means the abode of the child's

parent with whom the child formerly resided.

20. "Home confinement" means predisposition or post-disposition temporary placement of

a child in the child's home, or a surrogate home with the consent of the child's parent,

guardian, or custodian for supervision.

21. "Human service zone" means a county or consolidated group of counties

administering human services within a designated area in accordance with an

agreement or plan approved by the department of health and human services.

22. "Incentives" means calibrated system of rewards designed so that children receive

immediate and consistent feedback that supports appropriate behavior and follow

through with probation conditions.

23. "Informal adjustment" means a meeting held by the director of juvenile court or

designee to resolve a low-level delinquent referral and is an alternative to the filing of a

petition for formal court processing.

24. "Intensive supervision probation program" means a community-based alternative that

provides a higher degree of supervision and use of graduated incentives and

sanctions over a child, post-adjudication, to ensure public safety and applies to

children who are at high risk to reoffend.

25. "Juvenile court" means the district court of this state.

26. "Juvenile treatment court" means a program established by the supreme court which is

a post-petition or post-adjudication program aimed at intervening in substance use

disorders through intense supervision and participation in recovery services.

27. "Pick up and hold order" means an order of the court to take a child into custody based

upon an allegation of delinquency or failure to appear for court, or a determination the

child poses a risk to public safety while under court-ordered supervision.

28. "Predisposition assessment" means an investigation, assessment, and written report

to the court based on the results of risk and need screening and assessment tools

regarding a disposition for a delinquent child.

29. "Proceeding" means any hearing or informal adjustment conducted before a court.

30. "Qualified residential treatment program" means a licensed or approved residence

providing an out-of-home treatment placement for children including a trauma-

informed model.

31. "Referral" means a written report of alleged delinquent behavior of a child which is

received by the director of juvenile court.

32. "Relative" or "kinship relative" means:

a. The child's grandparent, great-grandparent, sibling, half-sibling, aunt, great-aunt,

uncle, great-uncle, nephew, niece, or first cousin;

b. An individual with a relationship to the child, derived through a current or former

spouse of the child's parent, similar to a relationship described in subdivision a;

c. An individual recognized in the child's community as having a relationship with

the child similar to a relationship described in subdivision a; or

d. The child's stepparent.

33. "Risk factors" means characteristics and behaviors that, when addressed or changed,

affect a child's risk for committing delinquent acts.

34. "Shelter care" means temporary care during which a child needs a safe bed outside

the home, in a shelter care site or a certified shelter care site managed by an agency

or licensed foster care facility.

35. "Treatment" means targeting interventions that focus on risk factors, improved mental

health, and improved positive youth outcomes.
N.D. Cent. Code § 27-20.1-18 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-18
27-20.1-18. Appointment of emergency guardian of a child
Status: in_force

27-20.1-18. Appointment of emergency guardian of a child

1. Upon petition by a person interested in the child's welfare, the court may appoint an

emergency guardian if the court finds that compliance with the procedures of this

chapter will likely result in substantial harm to the child's health, safety, or welfare.

Immediately upon receipt of the petition for an emergency guardian, the court shall

appoint a guardian ad litem to advocate for the best interests of the child.

2. An emergency guardian may be appointed without hearing or notice to the child, the

child's parent or legal custodian, or the child's guardian ad litem only if the court finds

from affidavit or other sworn testimony that the child will be substantially harmed

before a hearing can be held. If the court appoints an emergency guardian without

hearing or notice to the child, the child's parent or legal custodian, or the child's

guardian ad litem, the child, the child's parent or legal custodian, and the child's

guardian ad litem must be given notice of the emergency appointment by the petitioner

within forty-eight hours after the emergency appointment. The court shall hold a

hearing on the appropriateness of the emergency appointment within ninety-six hours

after the emergency appointment or filing of the petition.

3. Reasonable notice, either oral or written, stating the time, place, and purpose of the

hearing must be given to the child, if fourteen years of age or older, and, to the child's

parents or legal custodian, if they can be found. If oral notice is provided, the petitioner

must file an affidavit stating that oral notice including the time, place, and purpose of

the hearing has been provided.

4. The court shall determine if there is probable cause to believe the emergency

appointment is in the best interest of the child and one of the provisions of

subsection 1 of section 27-20.1-11 is met.

5. If the emergency guardian is found to be appropriate, the court may order the

emergency guardian remain in place for no more than sixty days from the date of the

hearing. The court may extend the emergency order for up to six months.

6. A request for an emergency guardian may be included in a petition for appointment of

a guardian of a child under section 27-20.1-05.
N.D. Cent. Code § 27-20.4-16 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-16
27-20.4-16. Adjudication
Status: in_force

27-20.4-16. Adjudication

1. If the court finds by proof beyond a reasonable doubt that the child committed the acts

by reason of which the child is alleged to be delinquent, the court shall proceed

immediately or at a postponed hearing to hear evidence as to whether the child is in

need of treatment or rehabilitation and to make and file findings. In the absence of

evidence to the contrary, evidence of the commission of which constitute a felony is

sufficient to sustain a finding that the child is in need of treatment or rehabilitation. If

the court finds that the child is not in need of treatment or rehabilitation, the court shall

dismiss the proceeding and discharge the child from any detention or other restriction

previously ordered.

2. After hearing the evidence on the petition, the court shall make and file findings as to

whether the child is delinquent and whether the acts ascribed to the child were

committed by the child. If the court finds the allegations of delinquent conduct have not

been established, the court shall dismiss the petition and order the child discharged

from any detention or other restriction previously ordered in the proceeding.

3. In hearings under subsection 1, all evidence helpful in determining the questions

presented, including the predisposition assessment and any other oral and written

reports, may be received by the court and relied upon to the extent of its probative

value even though not otherwise competent in the hearing on the petition. The parties

or the counsel of the parties must be afforded an opportunity to examine and

controvert written reports so received and to cross-examine individuals making the

reports. Sources of confidential information need not be disclosed.

4. On motion of the court or that of a party, the court may continue the hearings under

this section for a reasonable period to receive reports and other evidence bearing on

the disposition or the need for treatment or rehabilitation. In this event the court shall

make an appropriate order for detention of the child or the child's release from

detention subject to supervision of the court during the period of the continuance. In

scheduling investigations and hearings the court shall give priority to proceedings in

which a child is in detention or has otherwise been removed from the child's home

before an order of disposition has been made.
N.D. Cent. Code § 27-20.4-04 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-04
27-20.4-04. Powers and duties of director of juvenile court
Status: in_force

27-20.4-04. Powers and duties of director of juvenile court

1. For the purpose of carrying out the objectives and purposes of this chapter and subject

to the limitations of this chapter or imposed by the court, a director shall:

a. Make investigations, reports, and recommendations to the juvenile court.

b. Receive and examine complaints, referrals, and charges of delinquency for the

purpose of considering the commencement of proceedings under this chapter.

c. Make a determination upon intake of runaway referrals subject to the interstate

compact on juveniles for purposes of compliance with the compact.

d. Supervise and assist a child placed on probation for delinquency.

e. Make appropriate referrals to other private or public agencies of the community if

their assistance appears to be needed or desirable.

f. Issue a temporary custody order concerning a child who is referred to the

director's supervision or care as a delinquent child. Except as provided by this

chapter, a director does not have the powers of a law enforcement officer.

g. Take acknowledgments of instruments for the purpose of this chapter.

h. Perform all other functions designated by this chapter, under section 27-05-30, or

by order of the court, including, if qualified, those of a referee.

i. Issue an order to a law enforcement authority to transport a child to and from a

specified location.

j. Receive and examine requests for review of a child's placement at a qualified

residential treatment program under the Family First Prevention Services Act

[Pub. L. 115-123; 132 Stat. 64; 42 U.S.C. 675].

2. Any of the foregoing functions may be performed in another state if authorized by the

court of this state and permitted by the laws of the other state.
N.D. Cent. Code § 27-20.1-15 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-15
27-20.1-15. Powers and duties of guardian of a child
Status: in_force

27-20.1-15. Powers and duties of guardian of a child

1. A guardian of a child has the powers and responsibilities of a legal custodian if there is

a parent with remaining parental rights. If there is no parent with remaining parental

rights, the guardian has the rights of a legal custodian and the authority to consent to

the child's adoption, marriage, enlistment in the armed forces of the United States, and

surgical and other medical treatment. A guardian is not liable to third persons by

reason of the parental relationship for acts of the child.

2. A guardian has the following powers and duties:

a. The guardian must take reasonable care of the child's personal effects and

commence protective proceedings if necessary to protect other property of the

child.

b. The guardian may receive money payable for the support of the child to the

child's parent, guardian, or custodian under the terms of any statutory benefit or

insurance system, or any private contract, devise, trust, conservatorship, or

custodianship.

(1) The guardian may receive money or property of the child paid or delivered

by virtue of section 30.1-26-03. Any sums received must be applied to the

child's current needs for support, care, and education.

(2) The guardian must exercise due care to conserve any excess sum for the

child's future needs unless a conservator has been appointed for the estate

of the child, in which case the excess sum must be paid over at least

annually to the conservator. Sums so received by the guardian are not to be

used for compensation for the guardian's services except as approved by

order of the court or as determined by a duly appointed conservator other

than the guardian.

(3) The guardian may not use funds from the child's estate for room and board

that the guardian or the guardian's spouse have furnished to the child unless

a charge for the service is approved by order of the court made upon notice

to at least one of the child's next of kin, if notice is possible.

(4) A guardian may institute proceedings to compel the performance by any

person of a duty to support the child or to pay sums for the welfare of the

child.

c. To facilitate the child's education, social, or other activities.

d. To authorize medical or other professional care, treatment, or advice. A guardian

is not liable by reason of this consent for injury to the child resulting from the

negligence or acts of third persons unless it would have been illegal for a parent

to have consented.

e. A guardian shall file an annual report with the court regarding the exercise of

powers and duties under this subsection.

(1) The report must describe the status or condition of the child, including any

change of residence and reasons for the change, any medical treatment

received by or withheld from the child, the child's educational progress, any

expenditure and income affecting the child, and any exercise of legal

authority by the guardian affecting the child.

(2) The report must include changes that have occurred since the previous

reporting period and an accounting of the child's estate.

(3) The guardian shall report whether the child continues to require a

guardianship.

(4) The report must be filed with the court.

(5) The filing of the report does not constitute an adjudication or a determination

of the merits of the report nor does the filing of the report constitute the

court's approval of the report.

(6) The court shall review the report and a hearing may be set.

(7) The office of the state court administrator shall provide forms that may be

used to fulfill reporting requirements. Any report must be similar in

substance to the state court administrator's form.

(8) Copies of the guardian's annual report and of any other reports required by

the court must be mailed to the child, if the child is age fourteen or older, the

child's parents, unless the parents' rights have been terminated or the

parents are deceased, and any interested persons designated by the court

in its order.

(9) If a guardian fails to file a complete annual report as required by this

subdivision, fails to file a report at other times as the court may direct, or

fails to provide an accounting of an estate, the court, upon its own motion or

upon petition of any interested person, may issue an order compelling the

guardian to show cause why the guardian should not immediately make and

file the report or account, or be found in contempt for failure to comply. A

copy of the order to show cause must be provided to the child, if the child is

age fourteen or older, the child's parents, unless the parents' rights have

been terminated or the parents are deceased, any interested persons

designated by the court in its order, and the juvenile court director.

f. The guardian shall inform the court of any change in the child's residence within

thirty days of the change, but must seek prior authorization of the court to

establish or move the child's residence outside of the state.

g. In determining what is in the child's best interest, the guardian shall take into

account the child's preferences to the extent actually known or reasonably

ascertainable by the guardian.

h. To the extent reasonable, the guardian shall delegate to the child responsibilities

for decisions affecting the child's well-being.

i. The guardian may not delegate authority as a guardian under a power of attorney

without prior approval from the court.
N.D. Cent. Code § 27-10-01.3 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-01.3
27-10-01.3. Nonsummary procedure for remedial and punitive sanctions - Joint hearing and trial - Summary procedure - Appeal
Status: in_force

27-10-01.3. Nonsummary procedure for remedial and punitive sanctions - Joint

hearing and trial - Summary procedure - Appeal.

1. a. The court on its own motion or motion of a person aggrieved by contempt of court

may seek imposition of a remedial sanction for the contempt by filing a motion for

that purpose in the proceeding to which the contempt is related. The court, after

notice and hearing, may impose a remedial sanction authorized by this chapter.

In a proceeding to impose a remedial sanction for failure to pay child or spousal

support, an order to pay support is prima facie evidence the obligor has the ability

to pay, and the burden of persuasion is upon the obligor to prove inability to pay

the support ordered.

b. The state's attorney of a county, the attorney general, or a special prosecutor

appointed by the court may seek the imposition of a punitive sanction by issuing a

complaint charging a person with contempt of court and reciting the sanction

sought to be imposed. The state's attorney, attorney general, or special

prosecutor may initiate issuance of the complaint or may issue the complaint on

the request of a party to an action or proceeding in a court or of the judge

presiding in an action or proceeding. A judge is disqualified from presiding at the

trial of an alleged contemnor if a reasonable likelihood or appearance of bias or

prejudice will otherwise exist, if the contempt alleged involves disrespect or

criticism of the judge, or if the judge has personal knowledge of disputed

evidentiary facts. The person charged is entitled to a trial by jury.

c. The court may hold a hearing on a motion for a remedial sanction jointly with a

trial on a complaint seeking a punitive sanction.

2. The judge presiding in an action or proceeding may impose a punitive sanction upon a

person who commits contempt of court in the actual presence of the court. The judge

shall impose the punitive sanction immediately after the contempt of court and only for

the purpose of preserving order in the court and protecting the authority and dignity of

the court.

3. An appeal may be taken to the supreme court from any order or judgment finding a

person guilty of contempt. An order or judgment finding a person guilty of contempt is

a final order or judgment for purposes of appeal.
N.D. Cent. Code § 27-14-03 — ND Code / Title 27 / Chapter 27-14 / Section 27-14-03
27-14-03. Reference to state bar board by supreme court
Status: in_force

27-14-03. Reference to state bar board by supreme court

Whenever a verified complaint is made and filed with the clerk of the supreme court

charging any member of the bar of this state with conduct warranting that person's disbarment

or suspension as an attorney at law and it appears to the court that those charges should be

investigated, those charges must be referred to the state bar board with directions to investigate

the same.
N.D. Cent. Code § 27-12-09 — ND Code / Title 27 / Chapter 27-12 / Section 27-12-09
27-12-09. Confidential records
Status: in_force

27-12-09. Confidential records

Information provided to the state bar association regarding applicants or participants in a

lawyer referral service or volunteer lawyer program administered by the state bar association is

confidential.
N.D. Cent. Code § 27-11-19 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-19
27-11-19. Supreme court to order issuance of certificate of admission
Status: in_force

27-11-19. Supreme court to order issuance of certificate of admission

The supreme court, after receiving and considering the state board of law examiners' report

of the results of an examination of applicants for admission to the bar of this state and the

recommendations of the board, shall enter an order authorizing the issuance of certificates of

admission to the bar to those applicants the court considers entitled to admission. The issuance

of the certificates is dependent upon the taking of the oath and pledge of office by the applicants

at the time and place the order provides.
N.D. Cent. Code § 27-20.2-13 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-13
27-20.2-13. Other basic rights
Status: in_force

27-20.2-13. Other basic rights

1. A party is entitled to the opportunity to introduce evidence and otherwise be heard in

the party's own behalf and to cross-examine adverse witnesses.

2. A child charged with a delinquent act need not be a witness against or otherwise

incriminate oneself. An extrajudicial statement, if obtained in the course of violation of

this chapter or which would be constitutionally inadmissible in a criminal proceeding,

may not be used against a child. Evidence illegally seized or obtained may not be

received over objection to establish the allegations made against a child. A confession

validly made by a child out of court is insufficient to support an adjudication of

delinquency unless the confession is corroborated in whole or in part by other

evidence.
N.D. Cent. Code § 27-03-06 — ND Code / Title 27 / Chapter 27-03 / Section 27-03-06
27-03-06. Fees to be deposited monthly with state treasurer
Status: in_force

27-03-06. Fees to be deposited monthly with state treasurer

The clerk of the supreme court shall keep an accurate account of all fees received by the

clerk of the supreme court and shall deposit such fees monthly with the state treasurer.
N.D. Cent. Code § 27-02-16 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-16
27-02-16. Issuance and return of writs by supreme court
Status: in_force

27-02-16. Issuance and return of writs by supreme court

The supreme court, subject to such regulations and conditions as it may prescribe, always

must be open for the issuance and return of all writs and process which it may lawfully issue

and for the hearing and determination of the same. Any judge of said court may order the

issuance of any such writ or process and prescribe the time and manner of service and the time

and place of return of the same. In cases of habeas corpus, the judge of the supreme court who

issues or causes the writ to issue may direct that the writ must be made returnable and must be

heard and determined, either before the supreme court or any judge thereof, or before any

district court of this state, or any judge of any district court of this state. Any district court or any

judge thereof before whom any writ is made returnable as prescribed in this section is

authorized to carry into complete execution all of its judgments, decrees, and determinations,

subject to appeal as provided by law.
N.D. Cent. Code § 27-19-06 — ND Code / Title 27 / Chapter 27-19 / Section 27-19-06
27-19-06. Acceptance by guardian
Status: in_force

27-19-06. Acceptance by guardian

A guardian appointed by the tribal court or court of Indian offenses may consent to state civil

jurisdiction for the guardian's ward provided the guardian is authorized to do so by the tribal

court or court of Indian offenses.
N.D. Cent. Code § 27-20.1-13 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-13
27-20.1-13. Effect of order appointing a guardian
Status: in_force

27-20.1-13. Effect of order appointing a guardian

1. An order appointing a guardian of a child suspends any authority of a parent that is

granted to the guardian under that order. A parent subject to such an order is entitled

to treatment as a party at any subsequent juvenile court proceeding regarding the

child.

2. While a guardianship is in effect, the parent has the following rights:

a. Parenting time, contact, and information, to the extent delineated in the

guardianship order issued by the court. A parent may petition the court for specific

enforcement provisions of the order relating to contact, parenting time, or

information; and

b. Inheritance from the child.

3. The parent has the primary responsibility to financially support the child.
N.D. Cent. Code § 27-03-05 — ND Code / Title 27 / Chapter 27-03 / Section 27-03-05
27-03-05. Fees to be charged and collected by clerk of supreme court
Status: in_force

27-03-05. Fees to be charged and collected by clerk of supreme court

The clerk of the supreme court shall charge and collect in advance a fee of two hundred fifty

dollars upon the filing in the supreme court of the record in any cause upon appeal or upon the

filing in the court of a petition in any cause seeking the exercise of the original court's

jurisdiction. In addition to the fee required by this section, the clerk of the supreme court shall

charge and collect any electronic filing processing fee established by court rule for any matter

filed in an electronic format.
N.D. Cent. Code § 27-14-10 — ND Code / Title 27 / Chapter 27-14 / Section 27-14-10
27-14-10. Expenses of prosecution
Status: in_force

27-14-10. Expenses of prosecution

The expenses incident to the investigation of charges against a member of the bar of this

state and to a prosecution of the accused must be paid out of the state bar fund.
N.D. Cent. Code § 27-02.1-06 — ND Code / Title 27 / Chapter 27-02.1 / Section 27-02.1-06
27-02.1-06. Review of decisions of panels (Effective through January 1, 2034)
Status: in_force

27-02.1-06. Review of decisions of panels. (Effective through January 1, 2034)

Any party in interest who is aggrieved by a judgment or order of a panel of the temporary

court of appeals may petition the supreme court for review of the judgment or order pursuant to

rules of the supreme court. Upon the filing of a petition for review by the supreme court, the

order or judgment and mandate of the panel of the temporary court of appeals is stayed pending

action of the supreme court. The supreme court has discretion to grant or deny the petition.
N.D. Cent. Code § 27-15-02 — ND Code / Title 27 / Chapter 27-15 / Section 27-15-02
27-15-02. Term of office - Vacancy - How filled
Status: in_force

27-15-02. Term of office - Vacancy - How filled

The judges of the supreme court and district courts, the attorney general, the dean of the

university of North Dakota school of law, and the surrogate judges shall hold office as members

of the judicial conference during the time they occupy their respective official positions. The term

of office of the two municipal judges is two years, except that of the municipal judges first

appointed after July 1, 1985, one must be appointed for a term of one year. The term of office of

the five members of the bar is five years, except that of the members of the bar first appointed

after July 1, 1985, one must be appointed for a term of five years, one for a term of four years,

one for a term of three years, one for a term of two years, and one for a term of one year. All

terms of members serving on July 1, 1985, expire on December 31, 1985. Thereafter all terms

commence on January first. A vacancy must be filled by the authority originally selecting the

member.
N.D. Cent. Code § 27-04-04 — ND Code / Title 27 / Chapter 27-04 / Section 27-04-04
27-04-04. Location of office of supreme court reporter
Status: repealed

27-04-04. Location of office of supreme court reporter

Repealed by S.L. 2019, ch. 251, § 1.
N.D. Cent. Code § 27-10-22 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-22
27-10-22. Procedure to punish contempt before referee
Status: repealed

27-10-22. Procedure to punish contempt before referee

Repealed by S.L. 1993, ch. 89, § 32.
N.D. Cent. Code § 27-05-19 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-19
27-05-19. Effect where first day of term falls on legal holiday
Status: repealed

27-05-19. Effect where first day of term falls on legal holiday

Repealed by S.L. 1981, ch. 316, § 2.
N.D. Cent. Code § 27-01-10 — ND Code / Title 27 / Chapter 27-01 / Section 27-01-10
27-01-10. Fee assessments for funding crime victim and witness programs
Status: in_force

27-01-10. Fee assessments for funding crime victim and witness programs

1. The governing body of a county shall, by resolution, authorize the district judges

serving that county to assess a fee under subsection 3 of not more than twenty-five

dollars as part of a sentence imposed on a defendant who pleads guilty to or is

convicted of a criminal offense or of violating a municipal ordinance for which the

maximum penalty that may be imposed by law for the offense or violation includes

imprisonment.

2. The governing body of a city shall, by ordinance, authorize a municipal judge to

assess a fee under subsection 3 of not more than twenty-five dollars as part of a

sentence imposed on a defendant who pleads guilty to or is convicted of violating a

municipal ordinance for which the maximum penalty that may be imposed under the

ordinance for the violation includes imprisonment.

3. The governing body of the county or city shall determine the amount of the fee to be

assessed in all cases or it may authorize the district or municipal judge to determine

the amount of the fee to be assessed in each case. The fee assessed under this

section is in addition to any fine, penalty, costs, or administrative fee prescribed by law.

The district or municipal judge shall assess the fee when sentence is imposed or when

sentence is suspended or imposition of sentence is deferred, unless the defendant is

indigent and unable to pay the fee. All fees paid to a district or municipal court under

this section must be deposited monthly in the county or city treasury for allocation by

the governing body of the county or city to one or more of the following programs as

determined by the governing body or by agreement of the attorney general, the North

Dakota league of cities, and the North Dakota association of counties:

a. A private, nonprofit domestic violence or sexual assault program.

b. A victim and witness advocacy program of which the primary function is to

provide direct services to victims of and witnesses to crime.

c. The statewide automated victim information and notification system, as provided

for under chapter 12.1-34.
N.D. Cent. Code § 27-14-06 — ND Code / Title 27 / Chapter 27-14 / Section 27-14-06
27-14-06. Prosecution by state bar board
Status: in_force

27-14-06. Prosecution by state bar board

Upon receiving the report mentioned in section 27-14-05, the supreme court may order and

direct the state bar board to file accusations and begin proceedings for the disbarment,

suspension, or other discipline of the accused attorney in accordance with the procedure

provided in this chapter, or such other procedure as the court may prescribe. If an order is made

directing the bar board to begin such proceedings, it then is the duty of such board to comply

therewith and to select and designate an attorney to prosecute the proceeding or to conduct the

prosecution by its own members.
N.D. Cent. Code § 27-19-12 — ND Code / Title 27 / Chapter 27-19 / Section 27-19-12
27-19-12. Withdrawal proclamation
Status: in_force

27-19-12. Withdrawal proclamation

Upon the filing of a petition for withdrawal from the civil jurisdiction of the state, the

executive director of the North Dakota Indian affairs commission after substantiating that the

provisions of section 27-19-11 have been complied with shall certify such withdrawal to the

governor. Upon such certification, the governor shall, within ten days, issue a proclamation

proclaiming that thirty days from the date of the issuance of such proclamation the civil

jurisdiction of the state is terminated except as to those claims for relief which arose prior to the

effective date of such termination or to those contractual obligations which were incurred prior to

the effective date of such termination of state civil jurisdiction.
N.D. Cent. Code § 27-08.1-08 — ND Code / Title 27 / Chapter 27-08.1 / Section 27-08.1-08
27-08.1-08. Referees of small claims court - Appointment - Term - Method of qualifying - Powers and duties - Compensation
Status: in_force

27-08.1-08. Referees of small claims court - Appointment - Term - Method of

qualifying - Powers and duties - Compensation.

The presiding judge of the judicial district may appoint a referee of the small claims court

who shall hold office at the pleasure of the judge. The referee shall qualify in the same manner

as other civil officers, except that the referee need not be a qualified elector of the county, and

the duties and powers of the referee in the conduct of trials in the small claims court are

governed by the provisions of rule 53(c) of the North Dakota Rules of Civil Procedure insofar as

those provisions are not in conflict with the provisions of this chapter. The referee appointed

must be a person versed in the law. The presiding judge shall determine the salary or fee of the

referee, within the limits of legislative appropriations.
N.D. Cent. Code § 27-11-20 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-20
27-11-20. Oath and pledge to be taken by applicants admitted to the bar
Status: in_force

27-11-20. Oath and pledge to be taken by applicants admitted to the bar

Each applicant for admission to the bar of this state, upon being admitted to practice as an

attorney and counselor at law, shall take, in open court, the oath prescribed in section 4 of

article XI of the Constitution of North Dakota, and such additional oath or pledge as the supreme

court may require.
N.D. Cent. Code § 27-20.4-25 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-25
27-20.4-25. Law enforcement and correctional facility records
Status: in_force

27-20.4-25. Law enforcement and correctional facility records

1. Unless a charge of delinquency is transferred for criminal prosecution under section

27-20.4-20, the interest of national security requires, or the court otherwise orders in

the interest of the child, the law enforcement and correctional facility records and files

of a child alleged or found to be delinquent are not open to public inspection; but

inspection of these records and files is permitted by:

a. A juvenile court having the child before the court in any proceeding;

b. Counsel for a party to the proceeding;

c. The officers of public institutions or agencies to whom the child is or may be

committed;

d. Law enforcement officers of other jurisdictions if necessary for the discharge of

official duties of the officers;

e. A court in which the child is convicted of a criminal offense for the purpose of a

presentence report or other dispositional proceeding, or by officials of correctional

facilities to which the child is detained or committed, or by the parole board, the

governor, or the pardon advisory board, if one has been appointed, in considering

the child's parole or discharge or in exercising supervision over the child;

f. The professional staff of the uniform crime victims compensation program if

necessary for the discharge of the duties of the professional staff pursuant to

chapter 54-23.4; and

g. A superintendent, assistant superintendent, principal, or designee of the school in

which the child is currently enrolled or of a school in which the child wishes to

enroll.

2. Notwithstanding that law enforcement records and files of a child alleged or found to

be delinquent are not open to public inspection, this section does not limit the release

of general information that does not identify the identity of the child.
N.D. Cent. Code § 27-19.1-02 — ND Code / Title 27 / Chapter 27-19.1 / Section 27-19.1-02
27-19.1-02. Jurisdiction over custody proceedings
Status: in_force

27-19.1-02. Jurisdiction over custody proceedings

1. This chapter includes requirements that apply if an Indian child is the subject of:

a. A child custody proceeding, including:

(1) An involuntary proceeding;

(2) A voluntary proceeding that could prohibit the parent or Indian custodian

from regaining custody of the Indian child upon demand; and

(3) A proceeding involving status offenses if any part of the proceeding results

in the need for out-of-home placement of the child, including a foster care,

preadoptive or adoptive placement, or termination of parental rights.

b. An emergency proceeding.

2. This chapter does not apply to:

a. A tribal court proceeding;

b. A proceeding regarding a delinquent act;

c. An award of custody of the Indian child to one of the parents, including an award

in a divorce proceeding; or

d. A voluntary placement that either parent, both parents, or the Indian custodian

has, of his or her or their free will, without a threat of removal by a state agency,

chosen for the Indian child and that does not operate to prohibit the Indian child's

parent or Indian custodian from regaining custody of the Indian child upon

demand.

3. If a proceeding under subsection 1 concerns an Indian child, this chapter applies to

that proceeding. In determining whether this chapter applies to a proceeding, the state

court may not consider factors such as the participation of a parent or the Indian child

in tribal cultural, social, religious, or political activities; the relationship between the

Indian child and the Indian child's parent; whether the parent ever had custody of the

Indian child; or the Indian child's blood quantum.

4. If this chapter applies at the commencement of a proceeding, this chapter does not

cease to apply solely because the Indian child reaches age eighteen during the

pendency of the proceeding.

5. An Indian tribe has exclusive jurisdiction over an Indian child custody proceeding

involving an Indian child who resides or is domiciled within the reservation of the tribe,

except if that jurisdiction is otherwise vested in the state by federal law. If an Indian

child is a ward of a tribal court, the Indian tribe retains exclusive jurisdiction regardless

of the residence or domicile of the Indian child.

6. In an Indian child custody proceeding under this chapter involving an Indian child who

is not residing or domiciled within the reservation of the Indian child's tribe, the court

assigned to exercise jurisdiction under this chapter, upon the petition of the Indian

child's parent, Indian custodian, or tribe, shall transfer the proceeding to the jurisdiction

of the tribe unless any of the following apply:

a. A parent of the Indian child objects to the transfer.

b. The Indian child's tribe does not have a tribal court, or the tribal court of the

Indian child's tribe declines jurisdiction.

c. The court determines good cause exists to deny the transfer. In determining

whether good cause exists to deny the transfer, the court may not consider any

perceived inadequacy of the tribal social services department or the tribal court of

the Indian child's tribe. The court may determine good cause exists to deny the

transfer only if the person opposing the transfer shows by clear and convincing

evidence the evidence or testimony necessary to decide the case cannot be

presented in tribal court without undue hardship to the parties or the witnesses

and that the tribal court is unable to mitigate the hardship by making

arrangements to receive the evidence or testimony by use of telephone or live

audiovisual means, by hearing the evidence or testimony at a location that is

convenient to the parties and witnesses, or by use of other means permissible

under the tribal court's rules of evidence.

7. An Indian child's tribe may intervene at any point in an Indian child custody

proceeding.

8. The state shall give full faith and credit to the public acts, records, and judicial

proceedings of an Indian tribe which are applicable to an Indian child custody

proceeding to the same extent that the state gives full faith and credit to the public

acts, records, and judicial proceedings of any other governmental entity.
N.D. Cent. Code § 27-05-26 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-26
27-05-26. Change of venue
Status: in_force

27-05-26. Change of venue

A change of venue may be taken from one judge to another in the same district or in

another district, or from one county to another, or from one district to another in the manner

provided by law.
N.D. Cent. Code § 27-23-02 — ND Code / Title 27 / Chapter 27-23 / Section 27-23-02
27-23-02. Creation and composition of commission, terms of office, appointment, and powers
Status: in_force

27-23-02. Creation and composition of commission, terms of office, appointment, and

powers.

The judicial conduct commission consists of two judges of the district court, one lawyer

licensed to practice law in this state, and four citizens who are not judges, retired judges, or

lawyers. Members representing the district court must be appointed by their state association

and the lawyer member must be appointed by the board of governors of the state bar

association of North Dakota. The citizen members must be appointed by the governor. The term

of each member is three years. A member may not serve more than two full three-year terms.

Membership terminates if a member ceases to hold the position that qualified the member for

appointment. A vacancy must be filled by the appointing power for the remainder of the term.

Any appointment to fill a vacancy not made within forty-five days after the vacancy occurs or the

term of office ends must be made by the supreme court. The commission shall select one of its

members as chair.

The commission has the power to investigate complaints against any judge in the state and

the chair may appoint a hearing panel to conduct hearings concerning the discipline, removal,

retirement, or transfer to incapacity inactive status of any judge.
N.D. Cent. Code § 27-20.1-14 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-14
27-20.1-14. Acceptance of appointment - Consent to jurisdiction - Letters of guardianship
Status: in_force

27-20.1-14. Acceptance of appointment - Consent to jurisdiction - Letters of

guardianship.

1. By accepting the appointment, a guardian submits personally to the jurisdiction of the

court in any proceeding relating to the guardianship that may be instituted by any

interested person.

2. By accepting the appointment, a guardian acknowledges the duty to file an annual

report under section 27-20.1-15.

3. Upon the guardian's acceptance of the appointment, the court shall issue letters of

guardianship. The letters of guardianship must contain:

a. The name, address, and telephone number of the guardian;

b. The full name of the child;

c. Any limitations on the guardian's authority to make decisions on behalf of the

child;

d. The expiration date of the appointment; and

e. The date by which the guardian must file the annual report required under section

27-20.1-15.