N.D. Cent. Code § 27-04-05 — ND Code / Title 27 / Chapter 27-04 / Section 27-04-05
27-04-05. Opinions and reports of supreme court printed and published by reporter
Status: repealed

27-04-05. Opinions and reports of supreme court printed and published by reporter

Repealed by S.L. 1969, ch. 277, § 2.
N.D. Cent. Code § 27-05-21 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-21
27-05-21. District judges to have statewide jurisdiction - Exception
Status: repealed

27-05-21. District judges to have statewide jurisdiction - Exception

Repealed by S.L. 1981, ch. 316, § 2.
N.D. Cent. Code § 27-20.4-05 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-05
27-20.4-05. Taking into custody
Status: in_force

27-20.4-05. Taking into custody

1. A child may be taken into custody:

a. Pursuant to a pick up and hold order or other order of the court under this

chapter;

b. Pursuant to the laws of arrest and as authorized after scoring of the detention

screening tool; or

c. For preadjudicatory supervision in attendant care, shelter care, certified shelter

care, or detention.

2. The taking of a child into custody is not an arrest, except for the purpose of

determining the validity of the arrest under the Constitution of North Dakota or the

United States Constitution.

3. A law enforcement officer shall transport a child if necessary as determined by the

court.
N.D. Cent. Code § 27-02-03 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-03
27-02-03. Stenographers for supreme court
Status: in_force

27-02-03. Stenographers for supreme court

The supreme court may employ such stenographic assistance as may be necessary, but the

salaries and expenses therefor may not exceed the amount appropriated for salaries and

expenses by the legislative assembly.
N.D. Cent. Code § 27-04-09 — ND Code / Title 27 / Chapter 27-04 / Section 27-04-09
27-04-09. Court security
Status: in_force

27-04-09. Court security

The state highway patrol and other law enforcement agencies, at the request of the chief

justice, shall provide security services to the supreme court when the court considers those

services to be necessary.
N.D. Cent. Code § 27-01-09 — ND Code / Title 27 / Chapter 27-01 / Section 27-01-09
27-01-09. Reciprocal recognition of certain state and tribal court judgments, decrees, and orders - Conditions
Status: in_force

27-01-09. Reciprocal recognition of certain state and tribal court judgments, decrees,

and orders - Conditions.

The district courts shall recognize and cause to be enforced any judgment, decree, or order

of the tribal court of the Three Affiliated Tribes of the Fort Berthold Reservation in any case

involving the dissolution of marriage, the distribution of property upon divorce, child custody,

adoption, an adult abuse protection order, or an adjudication of the delinquency, dependency, or

neglect of Indian children if the tribal court had jurisdiction over the subject matter of the

judgment, decree, or order. The tribal court judgment, decree, or order must be rendered by a

judge who is a graduate of an accredited law school and holds a current valid license to practice

law in at least one state. A state court may inquire as to the facts of the case or tribal law only to

the extent necessary to determine whether the tribal court had jurisdiction over the subject

matter of the judgment, decree, or order and personal jurisdiction over the parties to the action.

Recognition and enforcement of tribal court judgments, decrees, and orders under this section

is conditioned upon recognition and enforcement of state court judgments, decrees, and orders

by the tribal court of the Three Affiliated Tribes and tribal law enforcement agencies under the

same limitations provided by this section for recognition and enforcement of tribal court

judgments, decrees, and orders by state courts.
N.D. Cent. Code § 27-02.1-03 — ND Code / Title 27 / Chapter 27-02.1 / Section 27-02.1-03
27-02.1-03. Assignment and reassignment of cases - Quorum for decision of cases - Authority in furtherance of jurisdiction (Effective through January 1, 2034)
Status: in_force

27-02.1-03. Assignment and reassignment of cases - Quorum for decision of cases -

Authority in furtherance of jurisdiction. (Effective through January 1, 2034)

1. Panels of the temporary court of appeals have jurisdiction to hear and to decide all

cases assigned by the supreme court.

2. The supreme court may order reassignment of any case from a panel of the temporary

court of appeals to the supreme court.

3. A majority of the three judges of a panel of the temporary court of appeals hearing a

case is necessary to pronounce a decision.

4. When a judgment or order is reversed, modified, or confirmed by a panel of the

temporary court of appeals, the reasons must be concisely stated in writing, signed by

the judges concurring, filed in the office of the clerk of the supreme court, and

preserved with the record of the case. Any judge concurring or dissenting may give the

reasons for the judge's concurrence or dissent in writing over the judge's signature.
N.D. Cent. Code § 27-20.4-03 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-03
27-20.4-03. Venue
Status: in_force

27-20.4-03. Venue

A proceeding under this chapter may be commenced in the county in which the acts

constituting the alleged delinquent conduct occurred. If delinquent conduct is alleged in part in

one county and in part in another county, the venue is in either of the counties. If it is in the best

interest of the child, the case may be commenced in the child's county of residence.
N.D. Cent. Code § 27-09.1-08 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-08
27-09.1-08. Disqualification from jury service
Status: in_force

27-09.1-08. Disqualification from jury service

1. The court, upon request of the clerk of court or 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 is disqualified for jury service. The clerk shall enter this determination

in the space provided on the juror qualification form and as otherwise directed by the

state court administrator.

2. A prospective juror is disqualified to serve on a jury if the prospective juror:

a. Is not a citizen of the United States and a resident of the state and county in the

jury pool;

b. Is not at least eighteen years old;

c. Is unable with reasonable accommodation to communicate and understand the

English language;

d. Is incapable, by reason of a physical or mental disability and with reasonable

accommodation, of rendering satisfactory jury service, but a person claiming this

disqualification may be required to submit a physician's certificate as to the

disability and the certifying physician is subject to inquiry by the court at its

discretion; or

e. Has lost the right to vote because of imprisonment in the penitentiary (section

12.1-33-01) or conviction of a criminal offense which by special provision of law

disqualified the prospective juror for such service.
N.D. Cent. Code § 27-10-25 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-25
27-10-25. Undertaking for stay of execution of order on appeal in criminal contempt
Status: repealed

27-10-25. Undertaking for stay of execution of order on appeal in criminal contempt

Repealed by S.L. 1993, ch. 89, § 32.
N.D. Cent. Code § 27-20.3-24 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-24
27-20.3-24. Disposition upon termination of parental rights
Status: in_force

27-20.3-24. Disposition upon termination of parental rights

1. If, upon entering an order terminating the parental rights of a parent, there is no parent

having parental rights, the court shall:

a. Commit the child to the custody of the human service zone director or a licensed

child-placing agency willing to accept custody for the purpose of placing the child

for adoption or, in the absence of such an agreement, in a foster home;

b. Appoint a fit and willing relative or other appropriate individual as the child's legal

guardian; or

c. Establish some other planned permanent living arrangement.

2. The custodian has the rights of a legal custodian and authority to consent to the child's

adoption, marriage, enlistment in the armed forces of the United States, and surgical

and other medical treatment.

3. If the child is not placed for adoption within twelve months after the date of the order

and a legal guardianship or other planned permanent living arrangement for the child

has not been established by a court of competent jurisdiction, the child must be

returned to the court issuing the original termination order for entry of further orders for

the care, custody, and control of the child.

4. Unless chapter 27-19.1 or the federal Indian Child Welfare Act of 1978 [25 U.S.C.

1901 et seq.] applies, and if after conducting a diligent and exhaustive search, a fit and

willing relative interested in adoption is not located, a human service zone director or

licensed child-placing agency that places a child for adoption under subdivision a of

subsection 1, shall consider granting the adoptive placement to a licensed, certified, or

approved family foster home for children provider interested in adopting the child, if the

licensed, certified, or approved family foster home for children provider provided foster

care to the child:

a. For one year or longer leading up to the termination of parental rights; and

b. Without a correction order, fiscal sanction, or license revocation proceeding.

5. Subsection 4 does not apply if considering the adoptive placement to the licensed,

certified, or approved family foster home for children provider would result in siblings

who are placed for adoption being placed in separate homes.
N.D. Cent. Code § 27-19.1-06 — ND Code / Title 27 / Chapter 27-19.1 / Section 27-19.1-06
27-19.1-06. Adoptee information
Status: in_force

27-19.1-06. Adoptee information

1. The state court entering a final adoption decree or order in any voluntary or involuntary

Indian child adoptive placement must furnish a copy of the decree or order within thirty

days to the Bureau of Indian Affairs, as prescribed by the Bureau of Indian Affairs,

along with the following information, in an envelope marked "Confidential":

a. The birth name and birth date of the Indian child, and tribal affiliation and name of

the Indian child after adoption;

b. The names and addresses of the biological parents;

c. The names and addresses of the adoptive parents;

d. The name and contact information for any agency having files or information

relating to the adoption;

e. Any affidavit signed by the biological parent or parents requesting the parent's

identity remain confidential; and

f. Any information relating to tribal membership or eligibility for tribal membership of

the adopted Indian child.

2. The court shall give the birth parent of an Indian child the opportunity to file an affidavit

indicating that the birth parent wishes the United States secretary of the interior to

maintain the confidentiality of the birth parent's identity. If the birth parent files that

affidavit, the court shall include the affidavit with the information provided to the United

States secretary of the interior under subsection 1, and that secretary shall maintain

the confidentiality of the birth parent's identity.
N.D. Cent. Code § 27-02.1-01 — ND Code / Title 27 / Chapter 27-02.1 / Section 27-02.1-01
27-02.1-01. Temporary court of appeals established - Jurisdiction - Writ authority - Administration (Effective through January 1, 2034)
Status: in_force

27-02.1-01. Temporary court of appeals established - Jurisdiction - Writ authority -

Administration. (Effective through January 1, 2034)

A temporary court of appeals is established to exercise appellate and original jurisdiction as

delegated by the supreme court. Panels of the temporary court of appeals may issue original

and remedial writs necessary to properly exercise jurisdiction in cases assigned to them. The

panels of the temporary court of appeals are subject to administration by the supreme court

pursuant to sections 3 and 8 of article VI of the Constitution of North Dakota.
N.D. Cent. Code § 27-03-10 — ND Code / Title 27 / Chapter 27-03 / Section 27-03-10
27-03-10. Clerk to furnish copies of opinions, abstracts, and briefs to supreme court reporter
Status: repealed

27-03-10. Clerk to furnish copies of opinions, abstracts, and briefs to supreme court

reporter.

Repealed by S.L. 1975, ch. 267, § 1.
N.D. Cent. Code § 27-19-10 — ND Code / Title 27 / Chapter 27-19 / Section 27-19-10
27-19-10. Other benefits not affected
Status: in_force

27-19-10. Other benefits not affected

The provisions of this chapter may not be construed as requiring the extension of any

health, welfare, educational, or other governmental service to Indian reservations or Indian

country, not otherwise required by the laws or constitution of this state.
N.D. Cent. Code § 27-03-09 — ND Code / Title 27 / Chapter 27-03 / Section 27-03-09
27-03-09. Clerk to furnish copy of syllabus of each decision to daily newspaper
Status: repealed

27-03-09. Clerk to furnish copy of syllabus of each decision to daily newspaper

Repealed by S.L. 1977, ch. 257, § 2.
N.D. Cent. Code § 27-20.4-26 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-26
27-20.4-26. Substance use programming
Status: in_force

27-20.4-26. Substance use programming

1. If a child is subject to nonjudicial adjustments under this chapter or is found to be

delinquent under section 27-20.4-16, the juvenile court may require a substance use

screening and subsequent programming to appropriately address:

a. A child who is found to have violated section 39-08-01 or equivalent; or

b. If a child is found to have an alcohol concentration of at least two one-hundredths

of one percent by weight at the time of performance of a test within two hours

after driving or being in physical control of a motor vehicle.

2. If a child is subject to informal adjustment under this chapter and is required to

participate in the twenty-four seven sobriety program, the period of participation may

not exceed six months.

3. If a child required to participate in the twenty-four seven sobriety program under this

section fails to comply with program requirements without being excused, the testing

site shall notify the juvenile court and refer the child to the juvenile court for further

disposition. The child may not be detained or otherwise taken into custody without

authorization from the juvenile court.

4. If the juvenile court requires the child to participate in a juvenile treatment court

program, the juvenile court may waive the participation in the twenty-four seven

sobriety program requirements of this section.
N.D. Cent. Code § 27-04-11 — ND Code / Title 27 / Chapter 27-04 / Section 27-04-11
27-04-11. Appointment and duties of bailiff of supreme court - Compensation of bailiff
Status: in_force

27-04-11. Appointment and duties of bailiff of supreme court - Compensation of

bailiff.

The judges of the supreme court may designate the supreme court reporter, or any other

person, to act as bailiff of such court and may prescribe the duties of such bailiff. The supreme

court reporter, if designated to act as bailiff, shall receive no additional compensation therefor,

but any other person so designated may be allowed by such court such compensation for that

person's services as may be reasonable.
N.D. Cent. Code § 27-04-01 — ND Code / Title 27 / Chapter 27-04 / Section 27-04-01
27-04-01. Supreme court reporter - Appointment, qualifications, term, titles
Status: repealed

27-04-01. Supreme court reporter - Appointment, qualifications, term, titles

Repealed by S.L. 2019, ch. 251, § 1.
N.D. Cent. Code § 27-20.3-08 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-08
27-20.3-08. Release or delivery to court
Status: in_force

27-20.3-08. Release or delivery to court

1. A person taking a child into protective custody, with all reasonable speed and without

first taking the child elsewhere, shall:

a. Release the child to the child's parent, guardian, custodian, or other responsible

adult able and willing to assume custody of the child, upon that person's promise

to bring the child before the court if requested by the court, unless the child's

shelter care is warranted or required; or

b. Bring the child before the court or deliver the child to a shelter care facility

designated by the court or to a medical facility if the child is believed to suffer

from a serious physical condition or illness that requires prompt treatment. The

person taking the child into custody promptly shall give notice of taking the child

into custody, together with a statement of the reason for taking the child into

custody, to a parent, guardian, or other custodian and to the court. Any

questioning of the child necessary to comply with this subdivision must conform

to the procedures and conditions prescribed by this chapter and rules of court.

2. If a parent, guardian, or other custodian, when requested, fails to bring the child before

the court as provided in subsection 1, the court may issue a temporary custody order

directing the child be taken into custody and brought before the court.

3. If the petition is not filed within thirty days from the date of protective custody, the child

must be released from shelter care.
N.D. Cent. Code § 27-24-02 — ND Code / Title 27 / Chapter 27-24 / Section 27-24-02
27-24-02. Transfer, challenge, disqualification, and supervision of person appointed
Status: in_force

27-24-02. Transfer, challenge, disqualification, and supervision of person appointed

1. A temporary judge appointed as provided in this chapter to serve in any court, other

than the supreme court, in any county or judicial district may, at any time while serving

under the appointment, be transferred and assigned by the supreme court to serve as

temporary judge in any one or more other counties or judicial districts during the term

of the appointment.

2. Each temporary judge appointed and qualified as provided in section 27-24-01 has, in

the city, county, or judicial district assigned, all the judicial powers, duties, jurisdiction,

and authority, while serving under the appointment, of a regularly elected or appointed

judge of the appropriate court.

3. The eligibility, appointment, or qualification of an appointee under section 27-24-01, or

the appointee's right to hold the position of temporary judge in any particular city,

county, or judicial district while serving under the appointment, is subject to challenge

only in a direct proceeding instituted for that purpose as provided by law. The

proceeding may be instituted in the supreme court if it consents to take original

jurisdiction thereof.

4. A temporary judge appointed as provided in section 27-24-01 is subject to demand for

change of judge as provided in section 29-15-21.

5. A temporary judge appointed as provided in section 27-24-01 or assigned as provided

in subsection 1 to a district court with one or more regularly elected or appointed and

qualified judges on active duty is subject to the directions of the regular presiding

judge of the district court in respect to the assignment of cases and the general

administration of the business of the court. A temporary judge assigned to any other

court is under the supervision of the supreme court.
N.D. Cent. Code § 27-05-07 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-07
27-05-07. Purposes for which district courts always open - When and where issues of fact triable
Status: in_force

27-05-07. Purposes for which district courts always open - When and where issues of

fact triable.

Superseded by N.D.R.Civ.P., Rule 77.
N.D. Cent. Code § 27-02-06 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-06
27-02-06. Terms
Status: repealed

27-02-06. Terms

Repealed by S.L. 1981, ch. 316, § 2.
N.D. Cent. Code § 27-15-01 — ND Code / Title 27 / Chapter 27-15 / Section 27-15-01
27-15-01. Judicial conference established
Status: in_force

27-15-01. Judicial conference established

There is established a judicial conference consisting of:

1. All judges of the supreme court and district courts.

2. The attorney general.

3. The dean of the university of North Dakota school of law.

4. Five members of the bar who are engaged in the practice of law who must be chosen

by the board of governors of the state bar association.

5. All surrogate judges appointed by the supreme court under section 27-17-03.

6. Two municipal judges selected by the municipal judges' association.

7. The clerk of the North Dakota supreme court.
N.D. Cent. Code § 27-10-18 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-18
27-10-18. Procedure when person arrested gives undertaking for appearance but fails to appear
Status: in_force

27-10-18. Procedure when person arrested gives undertaking for appearance but fails

to appear.

When a person arrested by authority of a warrant of attachment for contempt has given an

undertaking as prescribed in this chapter and fails to appear on the return day of the warrant,

the court may issue another warrant or may make an order directing the undertaking to be

prosecuted, or both.
N.D. Cent. Code § 27-23-07 — ND Code / Title 27 / Chapter 27-23 / Section 27-23-07
27-23-07. Process extends to all parts of state
Status: in_force

27-23-07. Process extends to all parts of state

In any investigation or formal proceeding under this chapter, process, wherever issued,

extends to all parts of the state. A person is obliged to attend as a witness in any investigation or

proceeding under this chapter and is punishable as provided in section 12.1-10-02 for failure to

do so.
N.D. Cent. Code § 27-20.6-10 — ND Code / Title 27 / Chapter 27-20.6 / Section 27-20.6-10
27-20.6-10. Trial home placement
Status: in_force

27-20.6-10. Trial home placement

1. After the petition is filed, the court may order the necessary parties to create a

transition plan. The plan must provide for the health and safety of the child and outline

the transition services to the genetic parent, as well as the conditions and supervisions

required by the human service zone for transitioning the child into the home on a trial

basis, with the ultimate goal being full reunification before the hearing on the petition.

2. The human service zone shall monitor the genetic parent during the implementation of

the plan and shall identify and assist the genetic parent in using appropriate family

preservation strategies and accessing community resources to provide for the health

and safety of the child.

3. During the time of transition, the human service zone shall remove the child from the

genetic parent's home upon any abuse or neglect allegation. If the child is removed,

the human service zone shall notify the court of the removal and the court shall deny

the petition as provided for in this chapter.
N.D. Cent. Code § 27-13-01 — ND Code / Title 27 / Chapter 27-13 / Section 27-13-01
27-13-01. Duties of attorneys
Status: in_force

27-13-01. Duties of attorneys

Every attorney and counselor at law shall:

1. Maintain respect for courts of justice and judicial officers;

2. Counsel or maintain no claim that appears to the attorney to be unjust, nor any

defense except one the attorney believes to be honestly debatable under the law;

3. Perform faithfully the attorney's responsibilities as an officer of the court and protector

of individual rights;

4. Support the provision of legal services for indigent persons, public service, and public

education about the law;

5. Work to make the legal system more accessible, responsive, and just;

6. Employ for purposes of maintaining the causes confided to the attorney, those means

only as are consistent with truth and honor, and never seek to mislead the judge or

jury by any artifice or false statement of fact or law; and

7. Never reject, from any consideration personal to the attorney, the cause of the

defenseless or oppressed, or delay anyone's cause for profit or malice.
N.D. Cent. Code § 27-23-01 — ND Code / Title 27 / Chapter 27-23 / Section 27-23-01
27-23-01. Definitions
Status: in_force

27-23-01. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Chair" means the chair of the commission and includes any acting chair.

2. "Commission" means the judicial conduct commission.

3. "Disciplinary counsel" means one or more attorneys appointed by the commission to

gather and present evidence and act on its behalf in proceedings before the

commission, a hearing panel, or the supreme court.

4. "Hearing panel" means a four-member panel consisting of at least two citizen

members of the commission, appointed by the chair to conduct a hearing and make

recommendations after the filing of formal charges or a petition for transfer to

incapacity inactive status.

5. "Judge" means a justice of the supreme court, a judge of the district court, a judicial

referee, a judge of a municipal court, and, in the case provided in section 29-01-14, a

small claims court referee.

6. "Shall" is mandatory, but not jurisdictional, and "may" is permissive.
N.D. Cent. Code § 27-20.6-05 — ND Code / Title 27 / Chapter 27-20.6 / Section 27-20.6-05
27-20.6-05. Contents of petition
Status: in_force

27-20.6-05. Contents of petition

A petitioner for re-establishment of the legal parent and child relationship shall sign the

petition under oath and the petition must include:

1. The full name, date of birth, address, and all other legal names and aliases by which

the genetic parents have been known at any time;

2. The full name and date of birth of each child for whom reunification is sought;

3. The petitioner's relationship to each child for whom reunification is sought;

4. To which genetic parent or parents the rights are sought to be re-established;

5. The reasons for seeking reunification and why reunification is in the child's best

interest;

6. The details of the termination of parental rights for which reunification is sought,

including the date and jurisdiction of the order, and the court file number and date of

any previous order terminating parental rights;

7. The details of any other active juvenile court case in which the genetic parent is a

named party, including the case's court file number;

8. The steps the genetic parent has taken toward personal rehabilitation since the order

terminating parental rights, including treatment, work, or other personal history

demonstrating rehabilitation;

9. How the genetic parent whose rights are sought to be re-established has corrected the

condition leading to the order terminating parental rights for which reunification is

sought;

10. The reason the genetic parent is willing and capable to provide day-to-day care and

maintain the health, safety, and welfare of the child; and

11. Any previous request by any party, whether for the present order terminating parental

rights or for any other order terminating parental rights, whether granted or not.
N.D. Cent. Code § 27-19-04 — ND Code / Title 27 / Chapter 27-19 / Section 27-19-04
27-19-04. Effective date
Status: in_force

27-19-04. Effective date

This chapter affects only those claims for relief which arise after the effective date of state

jurisdiction as provided in section 27-19-03.
N.D. Cent. Code § 27-11-16 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-16
27-11-16. Examinations for admission to bar conducted by state bar board - Nature of examinations
Status: repealed

27-11-16. Examinations for admission to bar conducted by state bar board - Nature of

examinations.

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 27-03-04 — ND Code / Title 27 / Chapter 27-03 / Section 27-03-04
27-03-04. Mileage and expenses allowed clerk
Status: in_force

27-03-04. Mileage and expenses allowed clerk

In addition to the salary provided for in section 27-03-03, the clerk of the supreme court

shall receive for the clerk's expenses in attending sessions of the supreme court, when held at

points other than at the seat of government, the mileage and traveling expenses allowed by law

to state officers.
N.D. Cent. Code § 27-20.4-07 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-07
27-20.4-07. Release or delivery to court
Status: in_force

27-20.4-07. Release or delivery to court

1. A person taking a child into custody, with all reasonable speed and without first taking

the child elsewhere, shall:

a. Complete the detention screening instrument and use the results in making a

release or hold decision. Release options include allowing a child to return home

with parental supervision and a promise to appear for court if notified, or release

with limited supervision, such as an electronic monitoring device or conditions for

home confinement.

b. Release the child to the child's parent, guardian, custodian, or other responsible

adult able and willing to assume custody of the child, upon that individual's

promise to bring the child before the court if requested by the court, unless the

child's detention is warranted or required under section 27-20.4-05; or

c. Bring the child before the court or deliver the child to a detention facility

designated by the court or to a medical facility if the child is believed to suffer

from a serious physical condition or illness that requires prompt treatment. The

person taking the child into custody promptly shall give notice of taking the child

into custody, together with a statement of the reason for taking the child into

custody, to a parent, guardian, or other custodian and to the court. Any temporary

detention or questioning of the child necessary to comply with this subdivision

must conform to the procedures and conditions prescribed by this chapter and

rules of court.

2. If a parent, guardian, or other custodian, if requested, fails to bring the child before the

court as provided in subsection 1, the court may issue a pick up and hold order

directing that the child be taken into custody and brought before the court.

3. If the petition is not filed within five days after the date of the detention hearing, the

child must be released from detention.
N.D. Cent. Code § 27-02.1-02 — ND Code / Title 27 / Chapter 27-02.1 / Section 27-02.1-02
27-02.1-02. Number, assignment, and compensation of judges (Effective through January 1, 2034)
Status: in_force

27-02.1-02. Number, assignment, and compensation of judges. (Effective through

January 1, 2034)

1. The supreme court may provide for the assignment of active or retired district court

judges, retired justices of the supreme court, and lawyers, to serve on three-judge

panels of the temporary court of appeals if the chief justice certifies to the governor

that the supreme court has disposed of two hundred fifty cases in the twelve months

preceding September first of any year. Assignments may be made for a time certain,

not to exceed one year from the date of assignment, or specifically for one or more

cases on the docket of the supreme court.

2. An active or retired district court judge serving on the temporary court of appeals may

not be assigned to hear cases in which the judge participated while serving on the

district court. An active district court judge may not be assigned to hear cases that

originated in the judicial district of the judge.

3. An active district court judge serving on the temporary court of appeals is not entitled

to additional compensation, but is entitled to reimbursement for expenses as provided

by sections 44-08-04 and 54-06-09.

4. Retired justices of the supreme court, retired district court judges, and lawyers serving

as judges on panels of the temporary court of appeals are entitled to receive as

compensation for each day of service in the performance of duties pursuant to the

assignment an amount equal to five percent of the gross monthly salary as provided

for a regularly elected or appointed justice of the supreme court, or one-half of the

daily compensation for services of one-half day or less. The compensation must be

paid upon certification by the judge that the services were performed for the number of

days shown on the certificate and must be paid in the same manner as the salaries of

the regularly elected or appointed judges are paid.
N.D. Cent. Code § 27-02-05 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-05
27-02-05. General powers of supreme court
Status: in_force

27-02-05. General powers of supreme court

The supreme court is vested with full power and authority necessary to carry into complete

execution all its judgments, decrees, and determinations in the matters over which it has

jurisdiction and for the exercise of its jurisdiction as the supreme judicial tribunal of this state.
N.D. Cent. Code § 27-04-08.1 — ND Code / Title 27 / Chapter 27-04 / Section 27-04-08.1
27-04-08.1. Secretary of state to purchase certain property and publication rights
Status: repealed

27-04-08.1. Secretary of state to purchase certain property and publication rights

Repealed by omission from this code.
N.D. Cent. Code § 27-20.4-23 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-23
27-20.4-23. Limitations of orders of disposition
Status: in_force

27-20.4-23. Limitations of orders of disposition

1. An order of disposition may not exceed twelve months from disposition unless

extended by the court. The director or designee may request two extensions up to four

months each for the child to complete the treatment goals of the court order and the

case plan.

2. An order of disposition committing a delinquent child to the division of juvenile services

may not exceed twelve months. The court may extend the order for an additional

twelve-month period, if:

a. A hearing is held upon motion of the division, or on the court's own motion, prior

to the expiration of the order;

b. Reasonable notice of the hearing and an opportunity to be heard are given to the

child and the parent, guardian, or other custodian;

c. The court finds the extension is necessary for the treatment or rehabilitation of

the child and has determined that such treatment cannot be provided in their

home community; and

d. The extension does not exceed twelve months from the expiration of an order

limited by subsection 3 or two years from the expiration of any other limited order.

3. Except as provided in subsection 2, an order of disposition pursuant to which a child is

placed in foster care may not continue for more than twelve months after the child is

considered to have entered foster care. A permanency hearing must be conducted

before the extension of any court order limited under this subsection. Any other order

of disposition may not continue in force for more than twelve months.

4. The court may terminate an order of disposition before the expiration of the order.

5. Except as provided in subsection 2, the court may terminate an order of disposition or

extension before its expiration, on or without an application of a party, if it appears to

the court the purposes of the order have been accomplished. If a party may be

adversely affected by the order of termination, the order may be made only after

reasonable notice and opportunity to be heard have been given to the party.
N.D. Cent. Code § 27-05-06 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-06
27-05-06. Jurisdiction of district courts
Status: in_force

27-05-06. Jurisdiction of district courts

The district courts of this state have the general jurisdiction conferred upon the courts by the

constitution, and in the exercise of that jurisdiction the courts have power to issue all writs,

process, and commissions provided therein or by law or which may be necessary for the due

execution of the powers with which the courts are vested. The courts have:

1. Common-law jurisdiction and authority within their respective judicial districts for the

redress of all wrongs committed against the laws of this state affecting persons or

property.

2. Power to hear and determine all civil actions and proceedings.

3. All the powers, according to the usages of courts of law and equity, necessary to the

full and complete jurisdiction of the causes and parties and the full and complete

administration of justice, and to carrying into effect the courts' judgments, orders, and

other determinations, subject to a re-examination by the supreme court as provided by

law.

4. Jurisdiction of appeals from all final judgments of municipal judges and from the

determinations of inferior officers, boards, or tribunals, in the cases and pursuant to the

regulations as may be prescribed by law.

5. Disputed property line proceedings pursuant to section 11-20-14.1.

6. Power to hear and determine all actions and proceedings arising from the enforcement

of county home rule charter ordinances.

7. Power to hear and determine all actions and proceedings arising from the enforcement

of city ordinances in a city:

a. With a population of fewer than five thousand in which there is not a municipal

court or municipal judge under chapter 40-18.1.

b. That has entered an agreement under section 40-18.1-23 or 40-18.1-25.
N.D. Cent. Code § 27-11-07 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-07
27-11-07. Oath of member of state board of law examiners
Status: in_force

27-11-07. Oath of member of state board of law examiners

Each member of the state board of law examiners, within ten days after appointment, shall

qualify by taking the oath provided for civil officers.
N.D. Cent. Code § 27-08.1-05 — ND Code / Title 27 / Chapter 27-08.1 / Section 27-08.1-05
27-08.1-05. Judgment
Status: in_force

27-08.1-05. Judgment

The court shall enter a written judgment indicating its decision on all cases filed with the

court on the basis of the evidence presented. A judgment must be entered even if either party

fails to appear at the hearing. The court may award the costs of the action to the prevailing

party. For purposes of enforcement and execution, a judgment of the small claims court has the

same force, effects, and attributes of a judgment of the district court.
N.D. Cent. Code § 27-01-02 — ND Code / Title 27 / Chapter 27-01 / Section 27-01-02
27-01-02. Sittings of courts public - When public may be excluded
Status: in_force

27-01-02. Sittings of courts public - When public may be excluded

The sittings of every court of this state must be public, and every citizen may freely attend

the same, except that on the trial of cases of a scandalous or obscene nature the presiding

judge or justice may exclude therefrom all persons not necessarily present as parties or

witnesses.
N.D. Cent. Code § 27-20.6-02 — ND Code / Title 27 / Chapter 27-20.6 / Section 27-20.6-02
27-20.6-02. Jurisdiction
Status: in_force

27-20.6-02. Jurisdiction

The juvenile court has exclusive original jurisdiction over all proceedings for

re-establishment of the legal parent and child relationship which are governed by this chapter.
N.D. Cent. Code § 27-08.1-07 — ND Code / Title 27 / Chapter 27-08.1 / Section 27-08.1-07
27-08.1-07. Records and destruction of records
Status: in_force

27-08.1-07. Records and destruction of records

Unless otherwise authorized by rules of the supreme court, records of the small claims court

consist of all documents filed in each action and an index for plaintiffs and defendants. Unless

otherwise directed by rules of the supreme court, after the judgment is satisfied or becomes ten

years old, the court may destroy all papers filed in the case, except the judgment. At the time of

destroying the papers, the clerk of court shall make a record upon the judgment identifying the

papers destroyed and the dates the papers were filed.
N.D. Cent. Code § 27-24-01 — ND Code / Title 27 / Chapter 27-24 / Section 27-24-01
27-24-01. Appointment of eligible person to temporary judgeship
Status: in_force

27-24-01. Appointment of eligible person to temporary judgeship

1. The supreme court may appoint any eligible person to serve as temporary judge in any

court other than the supreme court, whenever the supreme court determines that the

appointment is reasonably necessary and will promote the more efficient

administration of justice. A person, except a retired justice of the supreme court or a

retired judge of the district court, is eligible for appointment if the person is a resident

of this state and has been engaged in the active practice of law in this state for a

period of at least three years next preceding the appointment.

2. An appointment under this section must be made by order of the supreme court. The

supreme court shall provide, to the extent it deems necessary or desirable, rules and

regulations for appointments under this section. No appointment made pursuant to this

chapter may be for a duration longer than thirty calendar days.

3. 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 judge of the state of North Dakota to the best of my ability.
N.D. Cent. Code § 27-02-24 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-24
27-02-24. Regulations governing publication and distribution of official reports to be made by supreme court
Status: in_force

27-02-24. Regulations governing publication and distribution of official reports to be

made by supreme court.

The supreme court, by rules and regulations, shall provide for the filing, printing, publication,

and distribution of the official reports of the opinions of the court and for the making of a contract

through the supreme court reporter with any person, corporation, or limited liability company for

the printing, publishing, or distributing of such reports, not in excess of the biennial appropriation

made for that purpose by the legislative assembly.
N.D. Cent. Code § 27-05-16 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-16
27-05-16. District judges may call special terms and may summon juries thereto
Status: repealed

27-05-16. District judges may call special terms and may summon juries thereto

Repealed by S.L. 1981, ch. 316, § 2.
N.D. Cent. Code § 27-20.5-02 — ND Code / Title 27 / Chapter 27-20.5 / Section 27-20.5-02
27-20.5-02. Age (Effective after January 1, 2027)
Status: in_force

27-20.5-02. Age. (Effective after January 1, 2027)

1. An individual under the age of ten years is deemed incapable of commission of an

offense defined by the constitution or statutes of this state.

2. An individual ten years of age or older may be assessed for mental fitness or capacity

under this chapter.
N.D. Cent. Code § 27-20.2-10 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-10
27-20.2-10. Venue
Status: in_force

27-20.2-10. Venue

Except as provided in sections 27-20.3-03 and 27-20.4-03, a proceeding in this chapter may

be commenced in the county in which the child resides or the county in which the acts

constituting the alleged conduct occurred.
N.D. Cent. Code § 27-17-04 — ND Code / Title 27 / Chapter 27-17 / Section 27-17-04
27-17-04. Salary of retired judges
Status: repealed

27-17-04. Salary of retired judges

Repealed by S.L. 1957, ch. 210, § 3.
N.D. Cent. Code § 27-11-18 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-18
27-11-18. Board to report results of examinations and recommendations to supreme court
Status: repealed

27-11-18. Board to report results of examinations and recommendations to supreme

court.

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 27-05-00.1 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-00.1
27-05-00.1. County courts abolished - Election of additional district court judges - Case file transition - Budget and property considerations
Status: in_force

27-05-00.1. County courts abolished - Election of additional district court judges -

Case file transition - Budget and property considerations.

1. Following the completion on January 1, 1995, of the terms of the judges of all county

courts, the county court and office of judge of the county court in each county are

abolished.

2. District court judgeships are established on January 2, 1995, in number equal to the

number of county judges serving the county courts on January 1, 1991, or the number

of county judges serving the county courts on January 1, 1994, whichever is the lesser

number. The district court judgeships established pursuant to this subsection must be

filled by election at the general election in 1994. All statutes relating to the district court

apply to the district court judgeships established pursuant to this subsection, except as

otherwise provided by this section.

3. The supreme court shall designate by rule, prior to January 1, 1994, the judicial district

for each additional district court judgeship established pursuant to subsection 2. The

judicial district designated by the supreme court for each district court judgeship

established pursuant to subsection 2 is the area of election for that office at the

general election in 1994. The supreme court shall designate, prior to January 1, 1994,

staggered terms for each district court judgeship established pursuant to subsection 2

in a manner that results in approximately one-third of those offices with initial terms of

two years, one-third with initial terms of four years, and one-third with initial terms of

six years. Any judge elected pursuant to subsection 2 shall take office on January 2,

1995, and shall hold office until completion of the designated initial term or until a

successor is elected and has qualified. Subsequent to these initial terms, a judge

elected to a judgeship established by subsection 2 shall hold office for the term

provided in section 27-05-02.

4. All case files, untried cases, or any other unfinished business of each county court

abolished pursuant to subsection 1 must be considered case files, untried cases, and

other unfinished business of the district court of the judicial district in which that county

is located.

5. Beginning in 1992, the budget for the district courts submitted to the legislative

assembly pursuant to section 27-01-01.1 and to the director of the budget for

informational purposes pursuant to section 54-44.1-13 must include all salaries and

expenses for the district court judgeships established pursuant to subsection 2. Any

equipment, furnishings, and law libraries in the control and custody of the county

courts on January 1, 1991, and any property acquired by county courts from that date

until January 1, 1995, must be transferred on January 2, 1995, to the custody and

control of the district court of the county in which each county court is located until the

state court administrator determines that these items are no longer needed by the

district court. Upon that determination, custody and control of the property must revert

to the county.
N.D. Cent. Code § 27-20.1-03 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-03
27-20.1-03. Transfer from district court
Status: in_force

27-20.1-03. Transfer from district court

If a court does not approve acceptance of a testamentary guardian of a minor under chapter

30.1-27, the court shall immediately transfer the guardianship portion of the case to the juvenile

court and order the child be taken to the juvenile court immediately or to a place of shelter care

designated by the juvenile court, or release the child to the custody of the child's custodian,

relative, or other responsible adult able and willing to assume custody of the child, to be brought

to the juvenile court at a time designated by the court. The juvenile court shall immediately

reappoint the guardian ad litem who served in the probate case whenever possible, or shall

immediately appoint an alternative guardian ad litem.
N.D. Cent. Code § 27-20.5-03 — ND Code / Title 27 / Chapter 27-20.5 / Section 27-20.5-03
27-20.5-03. Motion for fitness to proceed examination (Effective after January 1, 2027)
Status: in_force

27-20.5-03. Motion for fitness to proceed examination. (Effective after January 1,

2027)

1. If there is reason to doubt the minor's fitness to proceed, the court may order on its

own motion, or at the request of the minor, the minor's parent, legal guardian, legal

custodian, or attorney, or the prosecuting attorney, a fitness to proceed examination to

determine whether the minor is fit to proceed if the minor is the subject of a

delinquency petition in the court. The minor's fitness to proceed may be raised by the

court before which the proceedings are pending or being held, or by motion of a party,

at any time during the proceeding.

2. If there is reason to doubt the minor's fitness to proceed, adjudication may not occur

until after a determination is made on the fitness of the minor to proceed in accordance

with this chapter.
N.D. Cent. Code § 27-20.2-14 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-14
27-20.2-14. Orders directed to parents or guardians
Status: in_force

27-20.2-14. Orders directed to parents or guardians

Every parent or guardian has an obligation and must participate in any treatment of the

parent's or guardian's child as ordered by the juvenile court.
N.D. Cent. Code § 27-20.2-09 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-09
27-20.2-09. Nonjudicial adjustment - Informal adjustment
Status: in_force

27-20.2-09. Nonjudicial adjustment - Informal adjustment

1. Before a petition is filed, the director of juvenile court or designee may give counsel

and advice to the parties and impose conditions for the conduct and control of the child

in lieu of further proceedings with a view to an informal adjustment if it appears:

a. The admitted facts bring the case within the jurisdiction of the court;

b. Information, advice, and conditions, if any, for the conduct and control of the child

without an adjudication would be in the best interest of the public and the child;

and

c. The child and the child's parents, guardian, or other custodian consent to the

counsel and advice with knowledge that consent is not obligatory.

2. If a victim is identified in the referral, the court must give reasonable written notice of

the informal adjustment to the victim.

3. The giving of information and advice and any conditions imposed for the conduct and

control of the child may not extend beyond six months from the day commenced

unless extended by the court for an additional period not to exceed six months and

does not authorize the detention of the child if not otherwise permitted by this chapter.

For a driving-related offense, the conditions may include a restriction on the child's

driving privileges as authorized under section 27-20.4-19.1.

4. An incriminating statement made by a child to the juvenile court officer or designee

giving information and advice incident to the giving of counsel and advice may not be

used against the child over objection in any proceeding or as part of a risk and need

screening or assessment process.
N.D. Cent. Code § 27-20.1-01 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-01
27-20.1-01. Definitions
Status: in_force

27-20.1-01. Definitions

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 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. "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.

5. "Custodian" means a person, other than a parent or legal guardian, that stands in loco

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

order of a court.

6. "Fit and willing person" 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 this chapter and

chapter 30.1-27, and who consents in writing to act as a legal guardian.

7. "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;

d. The child's stepparent; or

e. An extended family member as defined by the law or custom of an Indian child's

tribe.
N.D. Cent. Code § 27-02-08 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-08
27-02-08. Rules of pleading, practice, and procedure may be made by supreme court
Status: in_force

27-02-08. Rules of pleading, practice, and procedure may be made by supreme court

The supreme court of this state may make all rules of pleading, practice, and procedure

which it may deem necessary for:

1. The administration of justice in all civil and criminal actions, remedies, and

proceedings in any and all courts of this state; and

2. The method of taking, hearing, and deciding appeals to the courts from all decisions of

public officers, boards, commissions, departments, and institutions exercising

quasi-judicial functions, in any case in which an appeal from any such decision is

allowed by law.
N.D. Cent. Code § 27-10-16 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-16
27-10-16. Person imprisoned for contempt may be ordered discharged
Status: repealed

27-10-16. Person imprisoned for contempt may be ordered discharged

Repealed by S.L. 1993, ch. 89, § 32.
N.D. Cent. Code § 27-20.4-05.1 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-05.1
27-20.4-05.1. Method of making a delinquency referral to juvenile court
Status: in_force

27-20.4-05.1. Method of making a delinquency referral to juvenile court

1. A referral alleging a child has committed a delinquent act may be made to the juvenile

court by an employee of a public or nonpublic school attended by the child or a law

enforcement officer who has reasonable grounds and knowledge of the facts alleged

and believes such facts are true.

2. If a child is taken into custody on the alleged delinquent act, the law enforcement

officer shall send the referral to the juvenile court within twenty-four hours after the

time in which the minor is taken into custody under section 27-20.4-05.

3. A child who commits an infraction or misdemeanor offense on school property may not

be referred to the juvenile court unless school interventions have been unsuccessful

and documentation of internal or external consultations is included with the referral

indicating which interventions or educational approaches were attempted. A school

shall exhaust all school discipline policies before referring a child to juvenile court.

a. A school is not required to engage in interventions before referring a case for the

following misdemeanor offenses:

(1) Drug-related offenses under title 19;

(2) Offenses against a person under chapter 12.1-17, 12.1-31.2, or 14-07.1;

(3) Sex offenses under chapters 12.1-20, 12.1-27.1, 12.1-27.2, and 12.1-29;

and

(4) Any offense involving a firearm, weapon, or dangerous weapon as defined

in section 62.1-01-01.

b. A law enforcement officer may:

(1) Investigate possible delinquent offenses and conduct occurring at a school,

including conducting probable cause searches;

(2) Consult with school staff about the conduct of a child enrolled in a school;

(3) Refer a child to the juvenile court for a delinquent offense occurring on

school grounds or on school property as allowed by this section;

(4) Transport a child enrolled in a school to a location permitted by law;

(5) Take temporary custody of a child in accordance with section 27-20.4-05 or

protective custody of a child in accordance with section 27-20.3-06; and

(6) Protect the safety of students and the school community.
N.D. Cent. Code § 27-09.1-04 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-04
27-09.1-04. Jury commission
Status: repealed

27-09.1-04. Jury commission

Repealed by S.L. 1991, ch. 332, § 9.
N.D. Cent. Code § 27-20.6-09 — ND Code / Title 27 / Chapter 27-20.6 / Section 27-20.6-09
27-20.6-09. Prima facie review of petition
Status: in_force

27-20.6-09. Prima facie review of petition

1. Upon filing of a petition for the re-establishment of the legal parent and child

relationship, the court shall consider the petition without oral argument or evidentiary

hearing and shall deny the petition unless the court finds the petitioner has established

a prima facie case justifying that re-establishment of parental rights is in the child's

best interest. If a prima facie case is not established, the court shall dismiss the

petition.

2. If a prima facie case is established, the court shall set a date for an evidentiary

hearing. The clerk of district court or juvenile court shall provide a copy of the petition

and summons to any interested party.
N.D. Cent. Code § 27-20.4-18 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-18
27-20.4-18. Probation of a delinquent child
Status: in_force

27-20.4-18. Probation of a delinquent child

1. A probation order entered by the court must place the child under the supervision of

the director, unless the child is over eighteen years of age and the child's risk and

needs require supervision by the department of corrections and rehabilitation under

subsection 3 of section 27-20.4-17.

2. The conditions of probation must be specifically stated in writing and provided to the

child.

3. Probation conditions must relate to the individual child's risk and needs assessment

and the adjudicated offense.

4. Violations of probation conditions may be sanctioned by the juvenile director, or

designee utilizing graduated sanctions.

5. Formal probation orders may not exceed twelve months from disposition.

6. The court may release a child from probation or modify the terms and conditions of the

probation at any time, but the court shall release a child who has complied

satisfactorily with the terms, conditions, and duration of probation and the court shall

terminate the court's jurisdiction.

7. The director of juvenile court shall establish procedures regarding graduated sanctions

and incentives. The graduated sanctions program may include a program of home

confinement or electronic monitoring but may not include a secure detention stay.

8. The director or assigned probation court officer may request two extensions up to four

months each for failure to comply or meet the treatment goals of the court order and

case plan.

9. Probation may not be extended solely to collect restitution. If probation is terminated

with restitution owing the victim, court procedure governs continued collection or

motion for civil judgment against the parents, if appropriate.
N.D. Cent. Code § 27-20.4-12 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-12
27-20.4-12. Petition - Preliminary determination
Status: repealed

27-20.4-12. Petition - Preliminary determination

Repealed by S.L. 2025, ch. 302, § 19.
N.D. Cent. Code § 27-05-04 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-04
27-05-04. Expenses of district judges sitting with supreme court or in other districts - Allowance - Payment
Status: in_force

27-05-04. Expenses of district judges sitting with supreme court or in other districts -

Allowance - Payment.

If a district judge is called to sit with the supreme court or is acting in any district court

outside of the district judge's judicial district, that judge, when so called or so acting, is entitled

to receive the actual and necessary expenses incurred by that judge as a result thereof.
N.D. Cent. Code § 27-20.5-08 — ND Code / Title 27 / Chapter 27-20.5 / Section 27-20.5-08
27-20.5-08. Remediation (Effective after January 1, 2027)
Status: in_force

27-20.5-08. Remediation. (Effective after January 1, 2027)

1. If the minor lacks fitness to proceed but the court finds the minor may be remediated to

fitness to proceed within the period of the remediation order:

a. The matter must be dismissed if the offense is an infraction or a class B

misdemeanor, except a class B misdemeanor under chapter 12.1-17; or

b. The court may dismiss the matter or suspend the proceedings against the minor if

the offense is a felony, class A misdemeanor, or class B misdemeanor under

2. If the proceedings are suspended because the minor lacks fitness to proceed but the

court finds the minor may be remediated to fitness within the period of the remediation

order, then:

a. Before issuing a remediation order, the court shall hold a hearing to determine the

least restrictive available environment for completion of the remediation. The

least restrictive available environment may not be at the state hospital or the life

skills and transition center.

b. The court may issue a remediation order that is valid for sixty days from the date

of the court order finding the child incompetent or until one of the following

occurs, whichever occurs first:

(1) The minor has regained fitness or there is no substantial likelihood the minor

will regain fitness within the period of the order; or

(2) The delinquency proceedings are dismissed.

c. Following issuance of the remediation order, the remediation provider shall

submit a report to the court regarding the progress a minor made in remediation

services. The report must be submitted to the court no later than fourteen days

before the expiration of the sixty-day order or sooner if:

(1) The remediation provider determines the minor no longer lacks fitness to

proceed; or

(2) The remediation provider determines there is no substantial probability the

minor will be fit to proceed within the period of the order.

3. No later than fourteen days before the expiration of the initial sixty-day order, the

remediation provider may recommend to the court that the remediation order be

renewed by the court for another sixty days, if there is a substantial probability the

minor will be fit to proceed within the period of that renewed remediation order. The

remediation provider shall include a report of progress a minor made in remediation

services which demonstrates the minor is likely to be found fit to proceed if a renewal

is ordered. The remediation order and any renewed remediation order may not exceed

a total of one hundred twenty days.
N.D. Cent. Code § 27-17-06 — ND Code / Title 27 / Chapter 27-17 / Section 27-17-06
27-17-06. Immediate withdrawal of present active judges from judges retirement fund
Status: in_force

27-17-06. Immediate withdrawal of present active judges from judges retirement fund

1. From and after July 1, 1973, each judge of the supreme or district court serving on that

date and each former judge of the supreme or district court, not receiving judicial

retirement salary, may elect to withdraw the judge's previous contributions made

pursuant to this chapter, and thereafter not participate in a judicial retirement program

provided for by law. This option ceases to be available and may not be exercised after

June 30, 1975. If a judge selects this option, the judge is entitled to receive the

combined total of the following sums:

a. The entire amount of the judge's previous contributions made pursuant to this

chapter, to be calculated to the date of election under this section; plus

b. An amount calculated by applying the vesting schedule set forth in section

54-52-11 to an amount equal to sixty percent of the judge's individual

contributions as calculated in subsection 1, plus earnings thereon as calculated in

subsection 3; plus

c. An amount calculated by applying the figure .05625 to the periodic annual or

partial annual balances in the individual judge's account during the judge's years

of service prior to selecting the option provided by this section. The figure applied

pursuant to this subdivision must be compounded annually.

2. The total amounts received pursuant to this section may not be considered taxable

income for the purposes of chapter 57-38. Selection of the option provided by this

section must be made in writing to the director of the office of management and

budget.
N.D. Cent. Code § 27-20.4-13.1 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-13.1
27-20.4-13.1. Petition
Status: in_force

27-20.4-13.1. Petition

1. A petition alleging delinquency under this chapter must be reviewed by the director, the

court, or other person designated by the director and authorized by the court to

determine whether the filing of the petition is in the best interest of the public and the

child.

2. The state's attorney shall prepare, file, and serve a petition alleging delinquent conduct

on the parties. The juvenile court shall conduct an inquiry into and provide the last

known address of the parents or legal guardian of the child in the referral to the state's

attorney.

3. A petition alleging delinquent conduct may not include the adult class level of the

offense unless the offense level is a necessary element of the delinquent conduct.
N.D. Cent. Code § 27-21-05 — ND Code / Title 27 / Chapter 27-21 / Section 27-21-05
27-21-05. Division of juvenile services to report to the committing juvenile court
Status: in_force

27-21-05. Division of juvenile services to report to the committing juvenile court

Within ten days after the completion of diagnostic testing and evaluation of a child, the

division shall develop and recommend an individualized treatment and rehabilitation plan to the

committing juvenile court unless the recommendation is temporary care pursuant to section
N.D. Cent. Code § 27-20.5-01 — ND Code / Title 27 / Chapter 27-20.5 / Section 27-20.5-01
27-20.5-01. Definitions (Effective after January 1, 2027)
Status: in_force

27-20.5-01. Definitions. (Effective after January 1, 2027)

1. "Fitness to proceed" means sufficient present ability to consult with counsel and assist

in preparing the minor's defense with a reasonable degree of rational understanding or

a rational and factual understanding of the nature of the offense and delinquency

proceedings against the minor. A lack of fitness to proceed may result from the

presence of any condition, including mental illness, mental disorder, developmental

disability, or developmental immaturity.

2. "Minor" 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.

3. "Remediation" means the process of providing learning opportunities, services, and

support to achieve fitness to proceed.

4. "Remediation provider" means an individual providing remediation services for minors.

5. "Tier 1a mental health professional" is a psychiatrist licensed under chapter 43-17 or a

psychologist licensed under chapter 43-32.
N.D. Cent. Code § 27-21-10 — ND Code / Title 27 / Chapter 27-21 / Section 27-21-10
27-21-10. Cooperation with federal agencies and departments
Status: repealed

27-21-10. Cooperation with federal agencies and departments

Repealed by S.L. 1989, ch. 157, § 12.
N.D. Cent. Code § 27-20.1-12 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-12
27-20.1-12. Findings on petition to appoint guardian of a child - Order of appointment
Status: in_force

27-20.1-12. Findings on petition to appoint guardian of a child - Order of appointment

1. After hearing the evidence on the petition or after a waiver of the hearing, the court

shall make and file its findings as to whether the requirements of section 27-20.1-06

have been met, whether the guardian is a fit and willing person, and whether the

appointment of the guardian is in the child's best interest.

2. Upon finding that the requirements of section 27-20.1-06 have been met, the guardian

is a fit and willing person, and the appointment of the guardian is in the child's best

interest, the court shall order the appointment. The order must contain:

a. The name, address, and telephone number of the guardian.

b. Notice of the right to appeal the guardianship appointment and of the right to seek

modification or termination of the guardianship at any time.

c. If appropriate and in the child's best interest, the court shall determine the nature

and extent, if any, of any contact, sharing of information, and visitation between

the parents and the child, and the child and any other interested person.

d. A requirement that the guardian provide, within ninety days from the date of the

order, a beginning inventory of any assets owned by the child or in which the child

has an interest. The guardian shall file with the court and serve a copy of the

beginning inventory on the child if the child is fourteen years of age or older, and

any interested persons designated by the court in its order.

e. The date on which the first annual report is due and the requirement to file

annually thereafter.

f. The length of time the order is effective. An order appointing or reappointing a

guardian under this chapter is effective for up to one year unless the court, upon

a showing of good cause, sets a different time frame. An order may not be

effective for more than three years.
N.D. Cent. Code § 27-09.1-05.1 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-05.1
27-09.1-05.1. Selection of jurors from judicial district - Impact of natural disaster - Grounds and method for selection
Status: in_force

27-09.1-05.1. Selection of jurors from judicial district - Impact of natural disaster -

Grounds and method for selection.

The court, upon its own motion or in response to a motion by a party, may direct that

prospective jurors be selected from one or more counties in the judicial district in which the court

is located if the court determines that the number of prospective jurors within the county of

venue is insufficient to obtain an adequate jury pool. Following notification by the court, the clerk

of court of any county in the judicial district shall submit a specified number of names, with

mailing addresses, of the prospective, qualified jurors to the clerk of court of the county of

venue. If a natural disaster impairs the selection of a sufficient number of prospective jurors in

any county, the supreme court, by emergency order, may authorize the court in the affected

county to obtain additional names and mailing addresses of prospective, qualified jurors from

the clerk of court of an adjoining county or from the clerk of court of another county in the

judicial district if a sufficient number of names and addresses is not available from the adjoining

county.
N.D. Cent. Code § 27-01-06 — ND Code / Title 27 / Chapter 27-01 / Section 27-01-06
27-01-06. Payment of expenses on change of venue
Status: repealed

27-01-06. Payment of expenses on change of venue

Repealed by S.L. 1995, ch. 54, § 44.
N.D. Cent. Code § 27-02.2-02 — ND Code / Title 27 / Chapter 27-02.2 / Section 27-02.2-02
27-02.2-02. County eligibility
Status: in_force

27-02.2-02. County eligibility

A county is eligible to participate in the recruitment and retention assistance program if the

county:

1. Has five or fewer licensed attorneys residing in the county;

2. Agrees to provide the county's portion of the incentive payment as required under

section 27-02.2-06; and

3. Is determined to be eligible by the supreme court.
N.D. Cent. Code § 27-20.3-06 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-06
27-20.3-06. Taking into protective custody
Status: in_force

27-20.3-06. Taking into protective custody

1. A child alleged to be in need of protection may be taken into protective custody:

a. Pursuant to an order of the court under this chapter;

b. By a law enforcement officer or designee if there are reasonable grounds to

believe the child:

(1) Is suffering from illness or injury or is in immediate danger from the child's

surroundings, and the child's removal is necessary;

(2) Is in violation of a city or county curfew; or

(3) Has run away from the child's parents, guardian, or other custodian; or

c. By order of the director made pursuant to section 27-20.3-04.

2. The taking of a child into protective custody is not an arrest, except for the purpose of

determining the validity of the arrest under the Constitution of North Dakota or the

United States Constitution.

3. A law enforcement officer may transport a child to and from a shelter care facility or a

certified shelter care facility.

4. Without a compelling reason to the contrary, a court order transferring a child into

custody must provide a reasonable period of time to facilitate a beneficial transition for

the child and other parties involved.
N.D. Cent. Code § 27-05-22 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-22
27-05-22. District judges to act only within their districts - Exceptions
Status: in_force

27-05-22. District judges to act only within their districts - Exceptions

No judge of a district court of this state may hear or determine any action, special

proceeding, motion, or application, or make any order, or give any judgment, in any action or

proceeding pending or about to be commenced in a judicial district other than the one for which

that judge was elected, except:

1. Upon the written request of a judge of such other district;

2. When, upon the application of either party to such action or proceeding and upon due

notice to the opposite party, if that party has appeared and is entitled to such notice, it

shall be made to appear by affidavit to the satisfaction of such judge that the judges of

such other district are absent from their district, incapacitated, or disqualified to act

therein. Such application may be made only to a judge of a district adjoining that in

which such action or proceeding is pending or about to be commenced, and upon the

hearing thereof counter affidavits may be used;

3. When designated by the supreme court to act in such other district in the place and

stead of a district judge thereof who has been disqualified by the filing of an affidavit of

prejudice; or

4. A motion upon notice may be heard by a judge of a district court in which the action or

proceeding is not pending in the cases provided by law only, either in the district in

which the action or proceeding is pending or in an adjoining district, but such motion

when heard by the judge of the district in which the action or proceeding is pending

can be heard only in such district.
N.D. Cent. Code § 27-20.3-23 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-23
27-20.3-23. Effect of order terminating parental rights or appointing a legal guardian
Status: in_force

27-20.3-23. Effect of order terminating parental rights or appointing a legal guardian

An order terminating parental rights of a parent terminates all the parent's rights and

obligations with respect to the child and of the child to or through the parent arising from the

parental relationship. Following the order terminating parental rights, the parent is not entitled to

notice of proceedings for the adoption of the child by another nor has the parent any right to

object to the adoption or otherwise to participate in the proceedings.
N.D. Cent. Code § 27-04-06 — ND Code / Title 27 / Chapter 27-04 / Section 27-04-06
27-04-06. Reporter's duties as to state law library
Status: repealed

27-04-06. Reporter's duties as to state law library

Repealed by S.L. 2019, ch. 251, § 1.
N.D. Cent. Code § 27-23-12 — ND Code / Title 27 / Chapter 27-23 / Section 27-23-12
27-23-12. Commission budget
Status: in_force

27-23-12. Commission budget

The commission is responsible for preparing and presenting to the legislative assembly a

proposed biennial budget for the commission and is responsible and accountable for the

expenditure of any funds appropriated. The supreme court administrator shall assist in the

financial transactions of the commission by providing administrative bookkeeping services and

similar related activities but has no authority to expend any funds without specific approval of

the commission.
N.D. Cent. Code § 27-02.2-07 — ND Code / Title 27 / Chapter 27-02.2 / Section 27-02.2-07
27-02.2-07. County and municipal funding
Status: in_force

27-02.2-07. County and municipal funding

A county or municipality may appropriate funds for the purpose of carrying out this chapter.

A county or municipality may enter an agreement with any other county, municipality, school

district, or nonprofit entity to assist the county or municipality in carrying out this chapter.
N.D. Cent. Code § 27-10-15 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-15
27-10-15. Contents of order for punishment and warrant of commitment
Status: repealed

27-10-15. Contents of order for punishment and warrant of commitment

Repealed by S.L. 1993, ch. 89, § 32.
N.D. Cent. Code § 27-10-13 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-13
27-10-13. Procedure on return of warrant of attachment or order to show cause for contempt
Status: in_force

27-10-13. Procedure on return of warrant of attachment or order to show cause for

contempt.

When a person accused of contempt is produced by virtue of a warrant of attachment, or

appears upon the return of such a warrant or of an order to show cause, the court shall proceed

pursuant to subsection 1 of section 27-10-01.3.
N.D. Cent. Code § 27-09.1-16 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-16
27-09.1-16. Penalties for failure to perform jury service
Status: repealed

27-09.1-16. Penalties for failure to perform jury service

Repealed by S.L. 1993, ch. 89, § 32.
N.D. Cent. Code § 27-05.2-09 — ND Code / Title 27 / Chapter 27-05.2 / Section 27-05.2-09
27-05.2-09. Court facilities improvement advisory committee - Members
Status: in_force

27-05.2-09. Court facilities improvement advisory committee - Members

1. The court facilities improvement advisory committee consists of:

a. One member appointed by the North Dakota association of counties to represent

counties with a population fewer than seven thousand five hundred.

b. One member appointed by the North Dakota association of counties to represent

counties with a population of seven thousand five hundred or more.

c. The state court administrator, who shall serve as chairman of the committee.

d. One member appointed by the state bar association of North Dakota.

e. One member appointed by the chairman of the legislative management.

2. The term of each member is three years. Initially, as determined by lot, one member

shall serve for one year, two members shall serve for two years, and two members

shall serve for three years. At the end of the member's term, the appointing authority

shall appoint a successor for a full three-year term. Except for the state court

administrator, a member may not serve more than two 3-year terms. A vacancy must

be filled by the appointing authority for the remainder of the term.

3. At the initial meeting of the committee, the committee shall adopt rules of operation

and procedure for the committee. The committee shall submit the rules to the supreme

court for approval. The rules of operation must provide that a quorum of the committee

consists of at least three members.

4. The members of the committee are entitled to reimbursement for travel and expenses

as provided by law for other state officers. Travel and expense costs must be paid from

funds from the court facilities improvement and maintenance fund.

5. The supreme court shall provide staff services for the committee.
N.D. Cent. Code § 27-20.3-07 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-07
27-20.3-07. Shelter care of child
Status: in_force

27-20.3-07. Shelter care of child

A child taken into protective custody may not be placed in shelter care before the hearing on

the petition unless the child's care is required to protect a person or property of others or of the

child or because the child may abscond or be removed from the jurisdiction of the court or

because the child has no parent, guardian or custodian, or other person able to provide

supervision and care for the child and return the child to the court if required, or an order for the

child's shelter care has been made by the court pursuant to this chapter.
N.D. Cent. Code § 27-05-09 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-09
27-05-09. First judicial district - General terms
Status: repealed

27-05-09. First judicial district - General terms

Repealed by S.L. 1947, ch. 229, § 2.
N.D. Cent. Code § 27-05-24 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-24
27-05-24. Ex parte applications may be heard and default judgments may be given
Status: in_force

27-05-24. Ex parte applications may be heard and default judgments may be given

Ex parte application may be made, heard, and determined in the district court, and

judgment by default may be given therein at any place within this state.
N.D. Cent. Code § 27-20.5-05 — ND Code / Title 27 / Chapter 27-20.5 / Section 27-20.5-05
27-20.5-05. Due process (Effective after January 1, 2027)
Status: in_force

27-20.5-05. Due process. (Effective after January 1, 2027)

1. If there is reason to doubt the minor's fitness to proceed, adjudication may not occur

until after a determination is made except the filing of a delinquency petition, until

counsel is appointed and notified in accordance with section 27-20.2-12 and the minor

is found to have the mental capacity to proceed.

2. After the case proceeds to adjudication or the minor is found to lack fitness to proceed,

the court shall order all of the reports that are submitted under this chapter to be

closed to the public. The court may order the reports be opened for inspection only:

a. For further fitness to proceed or criminal responsibility examination;

b. For statistical analysis;

c. If the records are considered to be necessary to assist in mental health treatment

ordered;

d. For data gathering;

e. For scientific study or other legitimate research;

f. To the state's attorney or minor's counsel for the purpose of an active court case

subject to the prior evaluation; and

g. To an employee or agent of the division of juvenile services or the department of

health and human services, if necessary in the performance of the employee's or

agent's duty.

3. If the court orders a report to be open for the purpose of de-identified statistical

analysis, data gathering, or scientific study, the report must remain confidential.

4. Any incriminating statement made by a minor to the tier 1a mental health professional

as part of a fitness to proceed examination may not be used against the minor over

objection in any proceeding.
N.D. Cent. Code § 27-11-08 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-08
27-11-08. Terms and removal of members of state board of law examiners
Status: in_force

27-11-08. Terms and removal of members of state board of law examiners

Members of the state board of law examiners must be appointed for a term of six years so

arranged that one term expires on January first of every odd-numbered year. Any member of the

board may be removed at the pleasure of the supreme court.
N.D. Cent. Code § 27-21-02.1 — ND Code / Title 27 / Chapter 27-21 / Section 27-21-02.1
27-21-02.1. Placement procedures
Status: in_force

27-21-02.1. Placement procedures

The division of juvenile services shall retain custody of the child as granted by the authority

of the committing court and the Uniform Juvenile Court Act. The court in an order committing the

child to the division may require court approval before a placement may be made to a more

restrictive setting. All other placements may be made by the division at any time it appears to be

in the child's best interest and in the best interest of the state.

1. A child, child's parent, or guardian who objects to a placement to a more restrictive

setting made by the division may request a placement hearing to review the

placement.

2. In an emergency, or for reasons of safety and security, the division may temporarily

place a child in an appropriate facility. A child, child's parent, or guardian who objects

to the temporary placement may request a placement hearing to review the placement

determined by the division.

3. The division may conduct a permanency hearing, as authorized by section 27-20.4-23,

if an appropriate permanency plan may be carried out without exceeding the division's

authority.
N.D. Cent. Code § 27-13-02 — ND Code / Title 27 / Chapter 27-13 / Section 27-13-02
27-13-02. Powers of attorneys
Status: in_force

27-13-02. Powers of attorneys

An attorney and counselor at law may:

1. Execute, in the name of the attorney's client, a bond or other written instrument

necessary and proper for the prosecution of an action or proceeding about to be or

already commenced, or for the prosecution or defense of any right growing out of an

action, proceeding, or final judgment rendered therein.

2. Bind the attorney's client to any agreement in respect to any proceeding within the

scope of the attorney's proper duties and powers, but no evidence of any such

agreement is receivable, except the statement of the attorney, the attorney's written

agreement signed and filed with the clerk, or an entry thereof upon the records of the

court.

3. Receive money claimed by the attorney's client in an action or proceeding during the

pendency thereof or afterwards, unless the attorney has been previously discharged

by the attorney's client, and upon payment thereof, and not otherwise, may discharge

the claim or acknowledge satisfaction of the judgment.
N.D. Cent. Code § 27-11-11 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-11
27-11-11. Compensation of members of state board of law examiners
Status: in_force

27-11-11. Compensation of members of state board of law examiners

Each member of the state board of law examiners shall receive twenty-five dollars per day

for the actual time devoted to official duties, and, in addition thereto, is entitled to receive the

actual expenses incurred in attending to official duties while away from the member's place of

residence.
N.D. Cent. Code § 27-03-02 — ND Code / Title 27 / Chapter 27-03 / Section 27-03-02
27-03-02. Clerk of supreme court - Oath - Deputy
Status: in_force

27-03-02. Clerk of supreme court - Oath - Deputy

The clerk of the supreme court, before entering upon the clerk's duties, shall qualify by

taking the oath prescribed for civil officers. The clerk may appoint a deputy who shall take and

subscribe the oath prescribed for civil officers and file the same in the supreme court. The clerk

is responsible for the acts of the deputy.
N.D. Cent. Code § 27-11-09 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-09
27-11-09. Filling vacancies on state board of law examiners
Status: in_force

27-11-09. Filling vacancies on state board of law examiners

If a vacancy in the membership of the state board of law examiners occurs by reason of the

death, resignation, removal, or incapacity to serve of any member, a successor must be

appointed by the supreme court for the unexpired portion of the term of such member.
N.D. Cent. Code § 27-02.2-01 — ND Code / Title 27 / Chapter 27-02.2 / Section 27-02.2-01
27-02.2-01. Attorney recruitment and retention program - Participation - Assessment
Status: in_force

27-02.2-01. Attorney recruitment and retention program - Participation - Assessment

1. The supreme court may establish a program to assist rural counties and municipalities

in recruiting and retaining attorneys.

2. A county or municipality interested in participating in the program shall apply to the

supreme court. After determining eligibility, the supreme court shall conduct an

assessment of the applicant to evaluate the applicant's need for an attorney and the

ability of the applicant to sustain and support an attorney.

3. In making the selection of an eligible applicant, the supreme court shall consider the

assessment and:

a. The demographic of the county or municipality;

b. The age and number of the members of the county or local bar association;

c. The recommendation of the presiding district court judge;

d. The economic development programs within the county or municipality;

e. The geographical location of the county or municipality in comparison to other

counties or municipalities participating in the program; and

f. Any prior participation in the program by the county or municipality.

4. The supreme court shall maintain a list of counties and municipalities that have been

assessed and are selected for participation in the recruitment and retention assistance

program.

5. The supreme court may revise the assessment of any county or municipality or

conduct a new assessment as necessary to reflect a change in conditions.
N.D. Cent. Code § 27-02-20 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-20
27-02-20. When causes on calendar stand over
Status: in_force

27-02-20. When causes on calendar stand over

If, for any cause, there is no general term of the supreme court at the time fixed therefor by

law, or if there is a continuance of the term of said court or a change in the time of holding any

term by rule of court or otherwise, all causes then upon the calendar of said court, all writs,

recognizances, appeals, and proceedings commenced, taken, or made returnable to said court

at said term, must stand over to and be heard at the next general term with like effect as if no

such failure, continuance, or change had occurred.
N.D. Cent. Code § 27-20.4-13.2 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-13.2
27-20.4-13.2. Fitness to proceed - Lack of criminal responsibility
Status: in_force

27-20.4-13.2. Fitness to proceed - Lack of criminal responsibility

In a juvenile court proceeding involving the issue of fitness to proceed or criminal

responsibility, the court shall determine whether the child:

1. Is fit to proceed in accordance with title 27; and

2. Lacked criminal responsibility for the commission of an offense in accordance with
N.D. Cent. Code § 27-24-03 — ND Code / Title 27 / Chapter 27-24 / Section 27-24-03
27-24-03. Extension and termination of appointment of temporary judge - Eligibility to appear as an attorney
Status: in_force

27-24-03. Extension and termination of appointment of temporary judge - Eligibility to

appear as an attorney.

1. It is the duty of a temporary judge appointed as provided in section 27-24-01 to hear,

decide, and dispose of all cases and matters submitted to the judge as promptly as the

nature of the questions involved will permit. The powers, jurisdiction, and judicial

authority of the temporary judge in respect to any case or matter tried or heard while

serving under the appointment shall continue beyond the expiration of the appointment

so far as may be necessary to:

a. Decide and dispose of any case or matter on trial or held under advisement.

b. Hear and decide any motion for a new trial or for a judgment notwithstanding the

verdict, or objections to any cost bill, that may be filed in the case.

c. Settle a transcript for appeal and grant extensions of time therefor.

2. The supreme court at any time by order may terminate the term of appointment of a

temporary judge as of a date specified in the order, but termination does not affect the

validity of any judgment, decree, order, or other action of the temporary judge before

the effective date of the termination.

3. A temporary judge appointed as provided in section 27-24-01 is not eligible to appear

as attorney in the court to which the judge was appointed in any case tried by a jury

selected from the same jury panel which was in existence during the time which that

individual served as temporary judge.
N.D. Cent. Code § 27-02.2-04 — ND Code / Title 27 / Chapter 27-02.2 / Section 27-02.2-04
27-02.2-04. Attorney eligibility
Status: in_force

27-02.2-04. Attorney eligibility

An attorney licensed to practice in the state who meets all requirements set by the supreme

court may participate in the recruitment and retention assistance program. An attorney

participating in the program shall practice in a supreme court-selected county or municipality for

at least five consecutive years. No more than eight attorneys may participate in the program at

any given time.
N.D. Cent. Code § 27-05-03.1 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-03.1
27-05-03.1. Retirement for mental or physical disability of supreme court judges and district court judges
Status: in_force

27-05-03.1. Retirement for mental or physical disability of supreme court judges and

district court judges.

Whenever a judge of the supreme court or a judge of the district court of this state who is

not a member of the public employees retirement system becomes unable, because of mental

or physical disability, to perform the judicial duties of the office during the remainder of the term

for which that judge has been elected or appointed and makes a written application to the chief

justice or acting chief justice of the supreme court for retirement, setting forth the nature and

extent of such disability, the supreme court judges and the district court judges shall make such

investigation as they deem advisable. If two-thirds of the supreme court judges and the district

court judges thereby determine that disability exists and that the performance of that judge's

judicial duties is thereby substantially impaired and that the impairment will not likely be

remedied, the chief justice or acting chief justice, by written order to be filed in the office of the

secretary of state, shall thereupon direct the retirement of the judge. The order must specify the

effective date of the retirement and thereby create a vacancy in the office which must be filled

by appointment as provided by law. A copy of the order must be transmitted to the office of

management and budget. If the disability renders the judge unable to make or direct the making

of the application, it may be made by a legally appointed guardian of the judge.
N.D. Cent. Code § 27-03-07 — ND Code / Title 27 / Chapter 27-03 / Section 27-03-07
27-03-07. Clerk personally to perform all duties - When deputy can act
Status: in_force

27-03-07. Clerk personally to perform all duties - When deputy can act

The clerk of the supreme court personally shall perform all the duties assigned to the clerk

by law and by the rules of the supreme court. When the clerk is absent unavoidably or for any

cause is unable to perform the clerk's duties, the clerk's deputy may perform the same.
N.D. Cent. Code § 27-20.6-08 — ND Code / Title 27 / Chapter 27-20.6 / Section 27-20.6-08
27-20.6-08. Appointment of guardian ad litem for child - Immunity
Status: in_force

27-20.6-08. Appointment of guardian ad litem for child - Immunity

In a proceeding under this chapter, the court shall appoint a guardian ad litem for a child

who is a party to the proceeding upon motion of the court or by motion or agreement of the

parties. The guardian ad litem shall serve as an advocate of the child's best interests. A

guardian ad litem appointed under this section is immune from civil liability for damages for any

act or omission arising out of the guardian ad litem's duties and responsibilities, unless the act

or omission constitutes gross or willful negligence or gross or willful misconduct.
N.D. Cent. Code § 27-10-01 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-01
27-10-01. Acts punishable as criminal contempts by courts of record
Status: repealed

27-10-01. Acts punishable as criminal contempts by courts of record

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 27-05.2-06 — ND Code / Title 27 / Chapter 27-05.2 / Section 27-05.2-06
27-05.2-06. Records maintenance and disposal
Status: in_force

27-05.2-06. Records maintenance and disposal

A clerk of district court shall maintain and dispose of court records in accordance with rules,

policies, and procedures adopted by the supreme court.
N.D. Cent. Code § 27-13-13 — ND Code / Title 27 / Chapter 27-13 / Section 27-13-13
27-13-13. Public prosecutors or partners thereof may defend themselves in criminal or civil actions
Status: in_force

27-13-13. Public prosecutors or partners thereof may defend themselves in criminal

or civil actions.

Sections 27-13-11 and 27-13-12 do not prohibit an attorney from defending oneself in

person, as attorney or as counsel, when prosecuted either civilly or criminally.
N.D. Cent. Code § 27-01-01.1 — ND Code / Title 27 / Chapter 27-01 / Section 27-01-01.1
27-01-01.1. Budgeting and financing of the supreme court and district courts
Status: in_force

27-01-01.1. Budgeting and financing of the supreme court and district courts

The state court administrator shall submit a comprehensive budget for the supreme court

and the district courts to the legislative assembly. An informational copy of the budget must be

delivered to the director of the budget pursuant to section 54-44.1-13. The budget for the district

courts must include all salary and expenses for the district courts, including the juvenile courts,

and their employees. Each county shall provide the district court in that county with adequate

chamber, court, and law library quarters, and lights and fuel and appropriate facilities for clerk of

court services that are state-funded pursuant to section 27-05.2-02. Any equipment, furnishings,

and law libraries in the control and custody of the district court on January 1, 1980, and any

such property acquired from that date until July 1, 1981, must continue to be in the district

court's custody and control until the state court administrator determines such items are no

longer needed by the court.
N.D. Cent. Code § 27-20.6-11 — ND Code / Title 27 / Chapter 27-20.6 / Section 27-20.6-11
27-20.6-11. Hearing
Status: in_force

27-20.6-11. Hearing

1. The petitioner has the burden of proof at the hearing.

2. At the hearing, the court may grant the petition ordering the re-establishment of the

legal parent and child relationship only if the court finds by clear and convincing

evidence that:

a. Re-establishment of the legal parent and child relationship is in the child's best

interests;

b. There is no pending litigation or appeal pertaining to the original termination of

parental rights proceeding;

c. The genetic parent whose rights are sought to be re-established is not named in

any other active juvenile court case;

d. The child has not been adopted;

e. The child is not the subject of a written adoption placement agreement between

the responsible social services agency and the prospective adoptive parent;

f. At least twelve months have elapsed following a final order terminating parental

rights and the child remains in foster care;

g. The genetic parent has corrected the condition that led to the order terminating

parental rights; and

h. The genetic parent is willing and has the capability to provide day-to-day care and

maintain the health, safety, and welfare of the child.

3. In determining whether to grant a petition under this chapter, the court shall consider

the child's age, maturity, and ability to express a preference and may consider the

child's preference regarding the re-establishment as one factor, along with any other

relevant factor.
N.D. Cent. Code § 27-09.1-17 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-17
27-09.1-17. Protection of jurors' and witnesses' employment
Status: in_force

27-09.1-17. Protection of jurors' and witnesses' employment

1. An employer may not deprive an employee of employment, lay off, penalize, threaten,

or otherwise coerce an employee with respect thereto, because the employee receives

a summons or subpoena, responds thereto, serves as a juror or witness, or attends

court for jury service or to give testimony pursuant to a subpoena.

2. Any employer who violates subsection 1 is guilty of a class B misdemeanor.

3. If an employer discharges an employee in violation of subsection 1, the employee

within ninety days may bring a civil action for recovery of wages lost as a result of the

violation and for an order requiring the reinstatement of the employee. Damages

recoverable may not exceed lost wages for six weeks. If the employee prevails, the

employee must be allowed a reasonable attorney's fee fixed by the court.
N.D. Cent. Code § 27-20.4-09 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-09
27-20.4-09. Release from detention or nonsecure care - Hearing - Conditions of release
Status: in_force

27-20.4-09. Release from detention or nonsecure care - Hearing - Conditions of

release.

1. If a child is brought before the court or delivered to a detention, attendant care, or

nonsecure care facility designated by the court, the director, the intake officer, or other

authorized officer of the court immediately shall make an investigation and release the

child unless it appears that the child's detention is warranted or required under section

27-20.4-05.

2. Reasonable notice of the release from detention must be provided to any victim as

required by subsection 19 of section 12.1-34-02.

3. If the child is not released, reasonable notice, either oral or written, stating the time,

place, and purpose of the detention or shelter care must be given to the child and, if

able to be found, to the child's parents, guardian, or other custodian. If the child is not

represented by counsel at a proceeding, the court shall inform the child of the right to

counsel, regardless of income. Before the commencement of the hearing, the court

shall inform the child's parents, legal guardian, or custodian of the right to counsel at

public expense at the dispositional stage if the parent, guardian, or custodian applies

and is determined to be indigent and of the child's right to remain silent with respect to

any allegations of delinquent conduct.

a. If the child is not released from detention, a judge or referee shall hold a

detention hearing within twenty-four hours after the time the child is placed in

detention, excluding weekends or legal holidays, to determine whether there is

probable cause to believe the child has committed the delinquent act alleged, and

whether the child's detention is required under section 27-20.4-05. In determining

whether a child requires detention, the court shall consider the results of the

detention screening tool.

b. If the child is not released from attendant care or nonsecure care, a judge or

referee shall hold a hearing promptly and not later than ninety-six hours after the

child is placed in nonsecure care to determine whether there is probable cause to

believe the child has committed a delinquent act and whether the child's shelter

care is required.

4. 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 detention is

required under section 27-20.4-05.

5. If the parents cannot be found for the detention or nonsecure care hearing and the

child does not pose a risk to the community and does not need to be detained, the

human service zone is notified and a child in need of protection or shelter care hearing

is held.

6. If it appears that any child being held in detention, attendant care, or shelter care

nonsecure care may have an intellectual or developmental disability, the court or

detention personnel shall refer the child to the department of health and human

services for an eligibility determination for intellectual or developmental disabilities

program management services and a level of care assessment and the results must

be filed with the court upon completion. The department of health and human services

shall provide status updates to the court within the time required by the court.

7. If it appears that any child being held in detention or nonsecure care appears to have a

serious and persistent mental illness, the detention staff or court intake officer shall

request that the court order a diagnostic assessment that includes a recommendation

for necessary level of care that must be conducted within forty-eight hours after the

court's order. The person conducting the diagnostic assessment shall file the results

with the court.

8. If an individual who is or appears to be a child is received at a jail facility or other

facility for the detention of adult offenders or individuals charged with a crime, the

official in charge of the facility immediately shall inform the court and bring the

individual before the court upon request or deliver the individual to a detention or

nonsecure facility designated by the court.

9. If a case is transferred to adult court for criminal prosecution, a child who has not

reached the age of eighteen may not be transferred to an adult jail or correctional

facility, adult lockup, or court holding facility in accordance with the law governing the

detention of persons charged with a crime. A child who has not reached the age of

eighteen may continue to be held in a juvenile detention facility during the pendency of

the criminal prosecution but only as ordered by the court.
N.D. Cent. Code § 27-05.2-07 — ND Code / Title 27 / Chapter 27-05.2 / Section 27-05.2-07
27-05.2-07. Penalty for neglect of duty
Status: in_force

27-05.2-07. Penalty for neglect of duty

If an ex officio clerk of the district court violates the clerk's oath of office or neglects or

refuses to perform any of the duties of office and any person is injured or aggrieved by such

violation or neglect, such person may institute legal proceedings upon the bond of the clerk and

recover double the amount of damages actually sustained. For each such violation or neglect by

the clerk, the county treasurer shall collect a forfeiture of not less than fifty dollars.
N.D. Cent. Code § 27-15-09 — ND Code / Title 27 / Chapter 27-15 / Section 27-15-09
27-15-09. Meeting of judges
Status: repealed

27-15-09. Meeting of judges

Repealed by S.L. 1985, ch. 333, § 8.
N.D. Cent. Code § 27-20.2-23 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-23
27-20.2-23. Law enforcement and correctional facility records
Status: in_force

27-20.2-23. Law enforcement and correctional facility records

1. Unless a charge of delinquency is transferred for criminal prosecution under section

27-20.4-21, 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 or in need of services or protection 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 or in need of services or protection 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 § 27-09.1-09 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-09
27-09.1-09. Summoning of jury panels
Status: in_force

27-09.1-09. Summoning of jury panels

1. If a grand, petit, or other jury is ordered to be drawn, the clerk thereafter shall cause

each person drawn for jury service to be served with a summons either personally or

by first-class mail, addressed to the person at that person's usual residence, business,

or post-office address, requiring the person to report for jury service at a specified time

and place.

2. If there is an unanticipated shortage of available petit jurors, the court may require the

sheriff to summon a sufficient number of petit jurors selected at random by the clerk in

a manner prescribed by the court.

3. A written procedure by which persons' names are drawn for jury service must be

available for public review. The names of qualified jurors and the contents of jury

qualification forms completed by those jurors shall be made available to the public

unless the court determines in any instance that this information in the interest of

justice should be kept confidential or its use limited in whole or in part.
N.D. Cent. Code § 27-14-08 — ND Code / Title 27 / Chapter 27-14 / Section 27-14-08
27-14-08. Trial
Status: in_force

27-14-08. Trial

If a copy of the complaint against the accused has been served upon the accused and the

accused has been given an opportunity to be heard, the proceeding, when issue is joined, must

be referred by the supreme court for the taking of testimony and the making of findings and

recommendations. Upon the filing of such findings and recommendations, or upon the default of

the accused, or upon the accused's plea of guilty, the court shall render such judgment as the

case may require.
N.D. Cent. Code § 27-02.2-12 — ND Code / Title 27 / Chapter 27-02.2 / Section 27-02.2-12
27-02.2-12. Rulemaking authority
Status: in_force

27-02.2-12. Rulemaking authority

The supreme court may adopt rules as necessary to implement this chapter.
N.D. Cent. Code § 27-20.2-02 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-02
27-20.2-02. Presumption of age
Status: in_force

27-20.2-02. Presumption of age

1. In determining an individual's age for purposes of this chapter, the individual's date of

birth as provided by any of the following is presumed to be the individual's legal date of

birth:

a. A state government in the form of a birth certificate, other state-issued

identification, or a certified copy of a birth certificate that includes the individual's

date of birth.

b. The United States government in the form of a tribal identification document,

military identification, passport, passport card, permanent resident card,

certificate of United States citizenship, certificate of naturalization, border

crossing card, visa, or other entry document that includes the individual's date of

birth.

c. A foreign government in the form of a passport, driver's license, or other foreign

government-issued identity document that includes the individual's date of birth. If

there is a conflict between government-issued forms, a government-issued birth

certificate or a certified copy of a birth certificate takes precedence.

2. The presumption in subsection 1 may be rebutted by clear and convincing evidence to

the contrary.
N.D. Cent. Code § 27-02.1-07 — ND Code / Title 27 / Chapter 27-02.1 / Section 27-02.1-07
27-02.1-07. Right to appeal not created (Effective through January 1, 2034)
Status: in_force

27-02.1-07. Right to appeal not created. (Effective through January 1, 2034)

This chapter does not provide or create a right of appeal if that right is not otherwise

provided by law. An appeal assigned to a panel of the temporary court of appeals fulfills the right

of appeal provided by section 28-27-02.
N.D. Cent. Code § 27-11-26 — ND Code / Title 27 / Chapter 27-11 / Section 27-11-26
27-11-26. Procedure and proof required for admission without examination
Status: repealed

27-11-26. Procedure and proof required for admission without examination

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 27-05.2-10 — ND Code / Title 27 / Chapter 27-05.2 / Section 27-05.2-10
27-05.2-10. Application for grants from court facilities improvement and maintenance fund
Status: in_force

27-05.2-10. Application for grants from court facilities improvement and maintenance

fund.

Moneys in the court facilities improvement and maintenance fund may be used by the court

facilities improvement advisory committee to make grants to counties to provide funds for court

facilities improvement and maintenance projects. The committee shall review applications to

determine if the purpose of a grant is consistent with the purposes of the fund and if the

proposed project is a necessary improvement to court facilities or essential to remodel or

maintain existing court facilities in the applicant county. A grant may be awarded to a county

only if the applicant county agrees to provide local funding for the project in an amount at least

equal to twenty-five percent of the total cost of the project. The committee shall ensure that at

least twenty-five percent of funds granted during a biennium are allocated to counties with a

population fewer than seven thousand five hundred. Grants disbursed under this section may be

used only to improve or provide essential remodeling or maintenance to facilities used for

chambers, courts, and court-related services.
N.D. Cent. Code § 27-09.1-02 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-02
27-09.1-02. Discrimination prohibited
Status: in_force

27-09.1-02. Discrimination prohibited

A citizen may not be excluded from jury service in this state on account of race, color,

religion, sex, national origin, physical disability, or economic status.
N.D. Cent. Code § 27-20.3-20 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-20
27-20.3-20. Termination of parental rights
Status: in_force

27-20.3-20. Termination of parental rights

1. The court by order may terminate the parental rights of a parent with respect to the

parent's child if:

a. The parent has abandoned the child;

b. The child is subjected to aggravated circumstances;

c. The child is in need of protection and the court finds:

(1) The conditions and causes of the need for protection are likely to continue

or will not be remedied and for that reason the child is suffering or will

probably suffer serious physical, mental, moral, or emotional harm; or

(2) The child has been in foster care, in the care, custody, and control of the

department or human service zone for at least four hundred fifty out of the

previous six hundred sixty nights;

d. The written consent of the parent acknowledged before the court has been given;

or

e. The parent has pled guilty or nolo contendere to, or has been found guilty of

engaging in a sexual act under section 12.1-20-03 or 12.1-20-04, the sexual act

led to the birth of the parent's child, and termination of the parental rights of the

parent is in the best interests of the child.

2. If the court does not make an order of termination of parental rights, it may grant an

order under section 27-20.3-15 if the court finds from clear and convincing evidence

that the child is in need of protection.
N.D. Cent. Code § 27-20.4-06 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-06
27-20.4-06. Detention - Nonsecure care of child
Status: in_force

27-20.4-06. Detention - Nonsecure care of child

1. A child taken into custody may not be detained or placed in nonsecure care before the

hearing on the petition unless the child's detention or nonsecure care is required to

protect the person or property of others or of the child or because the child may

abscond or be removed from the jurisdiction of the court or because the child has no

parent, guardian, or custodian or other person able to provide supervision and care for

the child and return the child to the court if required, or an order for the child's

detention or nonsecure care has been made by the court pursuant to this chapter.

2. Law enforcement, juvenile court staff, or division staff shall use a detention screening

tool to assure the appropriate use of detention and whether the child is a public safety

risk. The juvenile court shall establish the detention screening tool, which must include

objective factors to aid in the decision of placement of the child. Law enforcement,

court records, and division records must include data on detention screening scores

and, if the score does not authorize detention, the explanation for the override

resulting in placing the juvenile in detention.

3. The court may place a juvenile in detention only if the court finds releasing the child

would pose a risk to public safety and that all less restrictive alternatives have been

considered.

4. A juvenile may be placed in a secure detention facility if one or more of the following

conditions are met:

a. The child is alleged to have committed an offense that if committed by an adult

would constitute a felony against person, felony weapon, or felony drug

distribution;

b. The child has a record of failure to appear in court or there is probable cause to

believe that the child will flee the jurisdiction of the court;

c. The child has violated the terms of detention release on home confinement or

electronic monitoring;

d. There is oral or written verification that the child is an alleged delinquent child

sought for an offense in another jurisdiction or that the child left a juvenile

detention facility without authorization;

e. The child is an out-of-state runaway subject to the rules of the interstate

commission on juveniles;

f. The child meets criteria for secure detention on the detention screening tool; or

g. The child meets criteria for an override on the detention screening tool.

5. A child may not be placed in detention:

a. Due to a lack of supervision alternatives, service options, or more appropriate

facilities;

b. Due to the community's inability to provide treatment or services;

c. Due to a lack of supervision in the home or community;

d. In order to allow a parent, guardian, or legal custodian to avoid his or her legal

responsibility;

e. Due to a risk of the juvenile's self-harm;

f. In order to attempt to punish, treat, or rehabilitate the child;

g. Due to a request by a victim, law enforcement, or the community; or

h. In order to permit more convenient administrative access to the juvenile.

6. Alternatives to secure detention may be utilized to include home confinement,

electronic monitoring, and parental or guardian supervision if the court determines

there is no unreasonable risk to public safety.

7. A child placed in detention must have a mental health and trauma screening tool

completed by the juvenile detention center or by juvenile court upon entry and provide

that information to the juvenile court before release or detention hearing.
N.D. Cent. Code § 27-20.4-27 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-27
27-20.4-27. Tribal juvenile services cooperative agreement
Status: in_force

27-20.4-27. Tribal juvenile services cooperative agreement

The department of corrections and rehabilitation, through the division of juvenile services;

the supreme court, through the office of the state court administrator; and the Indian affairs

commission may negotiate and enter a memorandum of understanding with the tribal

government of a federally recognized Indian tribe in the state for the purpose of accepting and

providing for, in accordance with this chapter, the treatment and rehabilitation of tribal juveniles

who have been adjudicated in tribal court under tribal or federal laws. Under the pilot program

and terms of a memorandum of understanding:

1. The tribal government, the department of corrections and rehabilitation, and the

juvenile court may exchange information relevant to the treatment and rehabilitation

needs of a tribal juvenile and the juvenile's family, including tribal court orders, medical

and psychiatric reports, law enforcement reports, and other information pertinent to the

referral;

2. The juvenile court and the department of corrections and rehabilitation shall provide

services based on the individualized need of each tribal juvenile referred to and

accepted by the tribal court, juvenile court, and department of corrections and

rehabilitation;

3. The juvenile court and the department of corrections and rehabilitation shall maintain

regular contact with the tribe regarding each tribal juvenile who has been placed in the

supervision of the respective agency; and

4. The juvenile court and the department of corrections and rehabilitation may limit the

number of tribal juveniles accepted based on criteria developed by the juvenile court

and the availability of state resources and services.
N.D. Cent. Code § 27-08.1-01 — ND Code / Title 27 / Chapter 27-08.1 / Section 27-08.1-01
27-08.1-01. Small claims court - Jurisdictional limits - Venue
Status: in_force

27-08.1-01. Small claims court - Jurisdictional limits - Venue

1. All judges of the district courts may exercise the jurisdiction conferred by this chapter,

and while sitting in the exercise of that jurisdiction must be known and referred to as

the "small claims court". The jurisdiction of this court is confined to cases for recovery

of money, a tenant's claim for civil damages under subsection 9 of section 47-10-28, or

the cancellation of any agreement involving material fraud, deception,

misrepresentation, or false promise, when the value of the agreement or the amount

claimed by the plaintiff or the defendant does not exceed fifteen thousand dollars.

2. The proceedings in this court must be commenced:

a. If the defendant is a corporation, limited liability company, or a partnership, in any

county in which the defendant has a place of business or in any county in which

the subject matter of the claim occurred.

b. If the claim is for collection of a check written without sufficient funds or without

an account, in the county where the check was passed, or in the county of the

defendant's residence or place of business.

c. If the defendant is an individual and the claim is for collection of an open account

on which credit has been extended:

(1) In the county of the defendant's residence or place of business; or

(2) If the amount of the claim is less than one thousand dollars and is not from a

telephone or mail order transaction, in the county where the transaction

occurred or in the county of the defendant's residence or place of business.

d. If the defendant is an individual and the claim is not made under subdivision b

or c, in the county of the defendant's residence.

e. If the defendant is an individual and the claim arose as the result of the

defendant's lease of real property or as the result of a dispute over disposition of

earnest money or other money deposit arising from a contract to purchase real

property, in the county where the real property is located unless the plaintiff and

the defendant consent in writing to a proceeding in a different county.

f. If the plaintiff is a political subdivision and the claim is for a public utility debt, in

the county in which the political subdivision is located.

g. If the claim is for civil damages under subsection 9 of section 47-10-28, in the

county in which the mobile home park is located.

3. Except for an action under subdivision c, e, f, or g of subsection 2, the defendant may

elect to remove the action to a small claims court in the defendant's county of

residence. A claim may not be filed by an assignee of that claim. A garnishment or

attachment may not issue from this court until after judgment is entered.
N.D. Cent. Code § 27-13-05 — ND Code / Title 27 / Chapter 27-13 / Section 27-13-05
27-13-05. Attorney's refusal to deliver client's money or property - Penalty
Status: repealed

27-13-05. Attorney's refusal to deliver client's money or property - Penalty

Repealed by S.L. 2001, ch. 287, § 1.
N.D. Cent. Code § 27-05-03 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-03
27-05-03. Salaries and expenses of district judges
Status: in_force

27-05-03. Salaries and expenses of district judges

The annual salary of each district judge is one hundred eighty-four thousand three hundred

sixty-six dollars. Each district judge is entitled to travel expenses, including mileage and

subsistence while engaged in the discharge of official duties outside the city in which the judge's

chambers are located. The salary and expenses are payable monthly in the manner provided by

law. A presiding judge of a judicial district is entitled to receive an additional five thousand one

hundred sixty-two dollars per annum.
N.D. Cent. Code § 27-20.2-20 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-20
27-20.2-20. Protective order
Status: in_force

27-20.2-20. Protective order

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 a person if:

1. The court finds that 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. Notice of the application or motion and the grounds for the appropriate motion and an

opportunity to be heard have been given to the person against which the order is

directed.
N.D. Cent. Code § 27-12-03 — ND Code / Title 27 / Chapter 27-12 / Section 27-12-03
27-12-03. Rights of members of bar association
Status: in_force

27-12-03. Rights of members of bar association

The members of the state bar association of North Dakota who have secured an annual

license to practice law in this state are entitled to all of the rights and privileges of the

association and are entitled to vote and to participate in all of the meetings thereof. The

members of the association who have not secured an annual license to practice law in this state

are entitled to all of the rights and privileges of the association, except that they are not entitled

to vote at the meetings or to serve as an officer of the association.
N.D. Cent. Code § 27-19-01 — ND Code / Title 27 / Chapter 27-19 / Section 27-19-01
27-19-01. Assumption of jurisdiction
Status: in_force

27-19-01. Assumption of jurisdiction

In accordance with the provisions of Public Law 83-280 and section 1 of article XIII of the

Constitution of North Dakota, jurisdiction of the state of North Dakota shall be extended over all

civil claims for relief which arise on an Indian reservation upon acceptance by Indian citizens in

a manner provided by this chapter. Upon acceptance, the jurisdiction of the state is to the same

extent that the state has jurisdiction over other civil claims for relief, and those civil laws of this

state that are of general application to private property have the same force and effect within

such Indian reservation or Indian country as they have elsewhere within this state.
N.D. Cent. Code § 27-10-08 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-08
27-10-08. Nature of proceedings upon order to show cause or warrant of attachment for contempt
Status: in_force

27-10-08. Nature of proceedings upon order to show cause or warrant of attachment

for contempt.

An order to show cause issued pursuant to section 27-10-07 may be made in the action or

proceeding in or respecting which the offense was committed, either before or after the final

judgment or order therein, and is equivalent to a notice of motion. The subsequent proceedings

must be taken in the action or proceeding as upon a motion made therein.
N.D. Cent. Code § 27-08.1-03 — ND Code / Title 27 / Chapter 27-08.1 / Section 27-08.1-03
27-08.1-03. Informal hearing - Answer and counterclaim - Filing and service fees - Examination of debtor
Status: in_force

27-08.1-03. Informal hearing - Answer and counterclaim - Filing and service fees -

Examination of debtor.

No formal pleadings other than the claim affidavit and order for appearance may be

required, and the hearing and disposition of actions must be informal. A court reporter is not

required to be present to take the testimony unless arranged for and paid for by one of the

parties to the action. The defendant may file an answer, and file a claim affidavit setting forth

any new matter constituting a counterclaim, not to exceed fifteen thousand dollars, which must

be served upon the plaintiff by a person of legal age, not a party to or interested in the action, or

mailed to the plaintiff by certified mail, not later than forty-eight hours before the hearing set for

the appearance of the defendant. The compulsory counterclaim rule does not apply to

counterclaims in excess of fifteen thousand dollars. At the hearing, the plaintiff and the

defendant may appear without counsel. The court will conduct the proceedings and may make

its own inquiry before, during, or after the hearing. After the court has found that money is owing

by any party to the proceeding, the court may, in the presence of the prevailing party, inquire of

the debtor as to plans for payment of the debt. The court may examine the debtor concerning

the property owned by the debtor, at the hearing, as would be made under chapter 28-25. The

examination may be made without first having issued an execution against the property of the

debtor and without further notice as otherwise provided in chapter 28-25. A trial by jury is not

allowed in small claims court. A fee as prescribed in subdivision c of subsection 1 of section

27-05.2-03 must be charged for filing the claim affidavit.
N.D. Cent. Code § 27-20.2-08 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-08
27-20.2-08. Nonjudicial adjustment - Diversion
Status: in_force

27-20.2-08. Nonjudicial adjustment - Diversion

Before an informal adjustment is held or a petition filed, the director of juvenile court or

designee may impose requirements in lieu of further proceedings for the conduct and control of

the child with a diversion.
N.D. Cent. Code § 27-25-05 — ND Code / Title 27 / Chapter 27-25 / Section 27-25-05
27-25-05. Powers and duties
Status: in_force

27-25-05. Powers and duties

The committee shall:

1. Seek out qualified judicial candidates and may solicit judicial candidate nominations

from any citizen.

2. Make such inquiry into the qualifications of each candidate, including legal knowledge

and ability, judicial temperament, experience, and moral character, as the committee

deems appropriate in order to secure a list of the most highly qualified nominees.
N.D. Cent. Code § 27-20.3-04 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-04
27-20.3-04. Powers and duties of director of juvenile court
Status: in_force

27-20.3-04. 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 a determination upon intake of referrals regarding the appropriate manner

to handle a child in need of protection under this chapter.

b. Make appropriate referrals to other private or public agencies of the community if

their assistance appears to be needed or desirable.

c. Issue a temporary custody order concerning a child who is referred to the

director's supervision or care as a child in need of protection. Except as provided

by this chapter, a director does not have the powers of a law enforcement officer.

d. Take acknowledgments of instruments for the purpose of this chapter.

e. Make such temporary order not to exceed ninety-six hours for the custody and

control of a child alleged to be in need of protection as may be deemed

appropriate. The order must be reduced to writing within twenty-four hours,

excluding holidays and weekends.

f. Perform all other functions designated by this chapter or under section 27-05-30

or by order of the court, including, if qualified, those of a referee.

g. Issue an order to a law enforcement authority to transport a child to and from a

specified location.

h. 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 § 27-14-01 — ND Code / Title 27 / Chapter 27-14 / Section 27-14-01
27-14-01. Admission to bar revocable
Status: in_force

27-14-01. Admission to bar revocable

The power to revoke or suspend the certificate of admission of an attorney or counselor at

law is vested in the supreme court.
N.D. Cent. Code § 27-03-03 — ND Code / Title 27 / Chapter 27-03 / Section 27-03-03
27-03-03. Salary of clerk of supreme court
Status: in_force

27-03-03. Salary of clerk of supreme court

The salary of the clerk of the supreme court must be within the amount appropriated for

salaries by the legislative assembly.
N.D. Cent. Code § 27-20.3-14 — ND Code / Title 27 / Chapter 27-20.3 / Section 27-20.3-14
27-20.3-14. Adjudication
Status: in_force

27-20.3-14. Adjudication

1. If the court finds from clear and convincing evidence that the child is in need of

protection, the court shall proceed immediately or at a postponed hearing to make a

proper disposition of the case.

2. After hearing the evidence on the petition, the court shall make and file findings as to

whether the child is in need of protection. If the court finds the child is not in need of

protection, the court shall dismiss the petition and order the child discharged from any

restriction previously ordered in the proceeding.

3. In hearings under this section, all evidence helpful in determining the questions

presented, including oral and written reports, may be received by the court and relied

upon to the extent of the probative value of the evidence 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. In scheduling investigations and hearings the court shall give priority to

proceedings in which a child has otherwise been removed from the child's home

before an order of disposition has been made.
N.D. Cent. Code § 27-20.1-09 — ND Code / Title 27 / Chapter 27-20.1 / Section 27-20.1-09
27-20.1-09. Right to counsel
Status: in_force

27-20.1-09. Right to counsel

1. If, at any time in the proceeding, the court determines the interests of the child are or

may be inadequately represented and the child is of sufficient age and competency to

assist counsel, the court may appoint an attorney to represent the child. The court

shall make appropriate findings to support the appointment of counsel.

2. At a proceeding commenced under this chapter, a parent who is indigent and unable

to employ legal counsel is entitled to counsel at public expense. If a parent appears

without counsel the court shall ascertain whether the parent knows the parent may be

represented by counsel and that the parent is entitled to counsel at public expense if

indigent. The court may continue the proceeding to enable the parent to obtain

counsel and, subject to this section, counsel must be provided for an unrepresented

indigent parent upon the parent's request and the court's determination that the parent

is indigent.

3. An indigent parent is one who meets the definition of indigent under the guidelines

adopted by the commission on legal counsel for indigents.
N.D. Cent. Code § 27-21-06 — ND Code / Title 27 / Chapter 27-21 / Section 27-21-06
27-21-06. Division of juvenile services to contract with facilities in other states for care
Status: in_force

27-21-06. Division of juvenile services to contract with facilities in other states for

care.

1. The division of juvenile services may contract and make placements with the

appropriate agencies or departments of other states in order that they may receive

care of committed children for career and technical education, training, or other

treatment and rehabilitation purposes contemplated by this chapter. Before contracting

with any agency or department of another state, the director of the division, or the

director's designee, shall assess the facilities that are offered by such department or

agency, and, after contracting, forward to the committing juvenile court a summary on

the facilities that are furnished by such agency or department and such other

information pertaining thereto as may reasonably be requested.

2. Any contract or placement entered into must provide for:

a. Its duration.

b. Payments to be made to the other state for maintenance and extraordinary

medical and dental expenses of children received, and for participation in or

receipt of rehabilitative or correctional services, facilities, programs, or treatment

not reasonably included as part of normal maintenance.

c. Participation in programs of youth employment, the crediting of payments

received by children on account thereof, and the crediting of proceeds from the

disposal of any products resulting from such programs.

d. Transportation of children to and from the other state.

e. The right of the director, or the director's designee, to have at all reasonable

times access to any institution in which a child in its care may be placed, either

temporarily or otherwise, for the purpose of inspecting the facilities thereof and

visiting the child under commitment to the division of juvenile services.

f. The submission of reports by each institution in accordance with section 27-21-07

concerning the progress of treatment or rehabilitation of each child placed in its

care.

g. Such other matters as may be necessary and appropriate to fix the obligations,

responsibilities, and rights of both states.

Children under the custody of the division of juvenile services who are in the care of an

institution of another state are at all times subject to the jurisdiction of this state, and at any time

may be removed therefrom for change of placement as provided in section 27-21-02. All

children placed in care in another state must be treated in a reasonable and humane manner

and must be treated equally with other children placed in care in the same institution. Placement

of a child in another state does not deprive the child of any legal rights the child would have had

if placed in an institution in this state.
N.D. Cent. Code § 27-19-03 — ND Code / Title 27 / Chapter 27-19 / Section 27-19-03
27-19-03. Acceptance proclamation
Status: in_force

27-19-03. Acceptance proclamation

Upon acceptance of civil jurisdiction by either method provided in section 27-19-02, the

executive director of the Indian affairs commission shall certify such acceptance 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 provisions of this chapter

are in effect.
N.D. Cent. Code § 27-05-01 — ND Code / Title 27 / Chapter 27-05 / Section 27-05-01
27-05-01. Judicial districts - Number of judges
Status: in_force

27-05-01. Judicial districts - Number of judges

The judicial districts in this state and the number of judges in each of the judicial districts are

as designated by rule of the supreme court.
N.D. Cent. Code § 27-02-02 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-02
27-02-02. Salaries of justices of supreme court
Status: in_force

27-02-02. Salaries of justices of supreme court

The annual salary of each justice of the supreme court is two hundred seven thousand two

hundred forty-nine dollars. The chief justice of the supreme court is entitled to receive an

additional seven thousand six hundred forty-seven dollars per annum.
N.D. Cent. Code § 27-08.1-04 — ND Code / Title 27 / Chapter 27-08.1 / Section 27-08.1-04
27-08.1-04. Election to proceed in small claims court irrevocable
Status: in_force

27-08.1-04. Election to proceed in small claims court irrevocable

Election by the plaintiff to use the procedures provided for in this chapter is irrevocable. In

the event the plaintiff elects to discontinue the proceedings, the court shall enter its order

accordingly, and unless otherwise provided in the order the dismissal must be deemed to be

with prejudice. By election to proceed in small claims court, the plaintiff waives the right to

appeal to any other court from the decision of the small claims court. The defendant waives the

right to appeal from the decision of the small claims court upon receiving the order for

appearance as required herein, unless the defendant elects to remove the action from the small

claims court to district court. If the defendant elects to remove the action to district court, the

defendant must serve upon the plaintiff a notice of the removal and file with the clerk of the court

to which the action is removed a copy of the claim affidavit and the defendant's answer along

with the filing fee, except for an answer fee, required for civil actions. If the defendant elects to

remove the action from small claims court to district court, the district court shall award

attorney's fees to a prevailing plaintiff. If the defendant appeals a district court judgment to the

supreme court, the supreme court shall award reasonable attorney's fees to the prevailing

appellee.
N.D. Cent. Code § 27-12-02 — ND Code / Title 27 / Chapter 27-12 / Section 27-12-02
27-12-02. Membership of state bar association
Status: in_force

27-12-02. Membership of state bar association

The membership of the state bar association of North Dakota consists of every person:

1. Who has secured an annual license to practice law in this state from the state board of

law examiners in accordance with section 27-11-22; or

2. Who has an unrevoked certificate of admission to the bar of this state and who has

paid an annual membership fee to the state bar association. The annual fee must be

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 eighty percent of the maximum

fee for an annual license to practice law in this state as prescribed in section 27-11-22.
N.D. Cent. Code § 27-19-05 — ND Code / Title 27 / Chapter 27-19 / Section 27-19-05
27-19-05. Individual acceptance
Status: in_force

27-19-05. Individual acceptance

An individual Indian may accept state jurisdiction as to that individual and that individual's

property by executing a statement consenting to and declaring that individual and that

individual's property to be subject to state civil jurisdiction as herein provided. Such jurisdiction

becomes effective on the date of execution of such statement. The statement accepting state

jurisdiction must be filed in the office of the county auditor of the county in which the person

resides and when so filed is conclusive evidence of acceptance of state civil jurisdiction as

provided herein.
N.D. Cent. Code § 27-17-01.1 — ND Code / Title 27 / Chapter 27-17 / Section 27-17-01.1
27-17-01.1. Supplemental retirement benefits
Status: repealed

27-17-01.1. Supplemental retirement benefits

Repealed by S.L. 1983, ch. 576, § 4.
N.D. Cent. Code § 27-25-06 — ND Code / Title 27 / Chapter 27-25 / Section 27-25-06
27-25-06. Submission of names by citizens - Withdrawal
Status: in_force

27-25-06. Submission of names by citizens - Withdrawal

A person may submit a name of any qualified citizen for consideration as a candidate.

Submission must be in writing on forms provided by the committee. Any candidate may

withdraw from consideration by written request to the chairman of the committee.
N.D. Cent. Code § 27-13-12 — ND Code / Title 27 / Chapter 27-13 / Section 27-13-12
27-13-12. Attorney not to aid defense when formerly interested as public prosecutor - Penalty
Status: in_force

27-13-12. Attorney not to aid defense when formerly interested as public prosecutor -

Penalty.

Every attorney who, having prosecuted or in any manner aided or promoted any action or

proceeding in any court, as state's attorney or other public prosecutor, afterward, directly or

indirectly, advises in relation to or takes any part in the defense thereof as attorney or otherwise,

or takes or receives any valuable consideration from or on behalf of any defendant therein, upon

any understanding or agreement whatever, express or implied, having relation to the defense

thereof, is guilty of a class A misdemeanor and in addition to the punishment prescribed

therefor, that attorney forfeits that attorney's license to practice.
N.D. Cent. Code § 27-09.1-05 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-05
27-09.1-05. Master list
Status: in_force

27-09.1-05. Master list

1. The clerk for each county shall compile and maintain a master list consisting of all lists

of actual voters for the county supplemented with names from other lists of persons

resident therein, such as lists of utility customers, property taxpayers, motor vehicle

registrations, tribal registries if made available by a federally recognized Indian tribe in

this state, and driver's licenses, which the supreme court of this state from time to time

designates. In compiling the master list, the clerk shall avoid duplication of names.

2. Whoever has custody, possession, or control of any of the lists making up or used in

compiling the master list, including those designated under subsection 1 by the

supreme court as supplementary sources of names, shall make the list available to the

clerk for inspection, reproduction, and copying at all reasonable times.

3. The master list shall be open to the public for examination.
N.D. Cent. Code § 27-10-05 — ND Code / Title 27 / Chapter 27-10 / Section 27-10-05
27-10-05. Corporations subject to fines
Status: repealed

27-10-05. Corporations subject to fines

Repealed by S.L. 1993, ch. 89, § 32.
N.D. Cent. Code § 27-20.2-16 — ND Code / Title 27 / Chapter 27-20.2 / Section 27-20.2-16
27-20.2-16. Order of adjudication - Noncriminal
Status: in_force

27-20.2-16. Order of adjudication - Noncriminal

1. An order of disposition or other adjudication in a proceeding under this chapter is not a

conviction of crime and does not impose any civil disability ordinarily resulting from a

conviction or operate to disqualify the child in any civil service application or

appointment. A child may not be committed or transferred to a penal institution or other

facility used primarily for the execution of sentences of individuals convicted of a

crime.

2. The disposition of a child and evidence adduced in a hearing in juvenile court may not

be used against the child in any proceeding in any court other than a juvenile court,

whether before or after reaching majority, except for impeachment or in dispositional

proceedings after conviction of a felony for the purposes of a presentence

investigation and report.
N.D. Cent. Code § 27-09.1-15 — ND Code / Title 27 / Chapter 27-09.1 / Section 27-09.1-15
27-09.1-15. Length of service by jurors
Status: in_force

27-09.1-15. Length of service by jurors

In any two-year period a person may not be required:

1. To serve or attend court for prospective service as a petit juror more than ten court

days, except if necessary to complete service in a particular case;

2. To serve on more than one grand jury; or

3. To serve as both a grand and petit juror.
N.D. Cent. Code § 27-02-05.2 — ND Code / Title 27 / Chapter 27-02 / Section 27-02-05.2
27-02-05.2. State juvenile services coordinator - Powers and duties - Selection and salary - Administrative support
Status: repealed

27-02-05.2. State juvenile services coordinator - Powers and duties - Selection and

salary - Administrative support.

Repealed by S.L. 2005, ch. 276, § 1.
N.D. Cent. Code § 27-20.4-08 — ND Code / Title 27 / Chapter 27-20.4 / Section 27-20.4-08
27-20.4-08. Place of detention
Status: in_force

27-20.4-08. Place of detention

1. A child alleged to be delinquent may be detained only in:

a. A licensed foster home or a home approved by the court;

b. A facility operated by a licensed child welfare agency; or

c. A detention home or center for delinquent children which is under the direction or

supervision of the court or other public authority or of a private agency approved

by the court or any other suitable place or facility, including a medical facility for

the treatment of mental illness, alcoholism, or drug addiction, designated by the

court.

2. A child alleged or adjudicated delinquent, who has not reached the age of eighteen,

may not be held in an adult jail or correctional facility, adult lockup, or court holding

facility.
N.D. Cent. Code § 27-19-13 — ND Code / Title 27 / Chapter 27-19 / Section 27-19-13
27-19-13. Individual withdrawal
Status: in_force

27-19-13. Individual withdrawal

An individual who has accepted state civil jurisdiction under the provisions of section

27-19-05 may withdraw upon filing with the county auditor a statement declaring that individual's

withdrawal. Withdrawal does not affect claims for relief which arose prior to the withdrawal or

contractual obligations which were incurred prior to the withdrawal.
N.D. Cent. Code § 27-05.2-05 — ND Code / Title 27 / Chapter 27-05.2 / Section 27-05.2-05
27-05.2-05. Decree or judgment of divorce, annulment, or paternity filed with registrar of vital statistics
Status: in_force

27-05.2-05. Decree or judgment of divorce, annulment, or paternity filed with registrar

of vital statistics.

The clerk of the district court in which any decree or judgment of divorce, annulment of

marriage, or paternity has been entered shall within fifteen days of the filing thereof notify the

state registrar of vital statistics of the entry of the decree or judgment of divorce, annulment of

marriage, or paternity and shall furnish such information relating thereto as the state registrar

may require upon such forms as may be furnished by the state registrar.