Filed 1/9/19 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2019 ND 1

In the Matter of a Petition to Permit Temporary Provision of Legal Services

by Qualified Attorneys From Outside North Dakota

No. 20160436

Per Curiam.

[¶1] On January 18, 2017, October 16, 2017, and November 15, 2018, this Court

considered the provision of legal services in criminal cases pending in the South

Central Judicial District arising from arrests made during the protests of the Dakota

Access Pipeline between August 1, 2016, and until further order of this Court.

[¶2] Under the Court’s prior orders, qualified attorneys from outside of North

Dakota, and not licensed in North Dakota, were relieved from certain filings and

requirements normally needed to appear as pro hac vice counsel under Rule 3(A) of

the Admission to Practice Rules. An additional requirement was that an attorney

admitted pro hac vice under the Court’s Order must verify in writing to the North

Dakota State Board of Law Examiners no later than January 5, 2018, their licensure

status and provide a listing of pending cases for which they are acting under the

January 18, 2017 Order. 

[¶3] According to administrative records of the South Central Judicial District, all

of the criminal cases arising from arrests made during the protests of the Dakota

Access Pipeline would not have been completed by the end of 2018. On November

15, 2018, the Court ordered that those attorneys who qualified under this Court’s
previous Orders for applicable criminal cases that will not be completed by December

31, 2018, and prosecution is not delayed due to any outstanding warrants, must verify

in writing to the North Dakota State Board of Law Examiners no later than January

7, 2019, their licensure status and provide a listing of the pending cases, not in

warrant status, for which they are acting under the January 18, 2017 Order. The Court

also ordered that the special pro hac vice provisions under the January 28, 2017 Order

will expire December 31, 2019. Thereafter, pro hac vice counsel in these matters

must comply with all requirements in Rule 3(A) of the North Dakota Admission to

Practice Rules. 

[¶4] On December 28, 2018, Sarah Hogarth filed a letter on behalf of the Water

Protector Legal Collective requesting the deadline be extended to January 31, 2019.

Hogarth explained that the Morton County State’s Attorney’s office is reviewing

those cases for those it wishes to pursue and those it wishes to dismiss and that the

review is expected to be completed by January 7, 2019. On January 3, 2019, the

Morton County State’s Attorney’s office provided a copy of a Notice from District

Judge Gail Hagerty dated December 7, 2018. The notice listed the cases the judges

of the South Central Judicial District requested the Morton County State’s Attorney’s

office review to either request they remain open or request dismissal and the warrant

withdrawn. It also provided a copy of a Supplemental Notice dated December 17,

2018, with an additional list of cases to review. If no request is made within 30 days

of each notice, the listed cases would be dismissed and the warrant withdrawn. Based

on the notices, it appears the review for both notices should be completed by January

16, 2019.

[¶5] The Court considered the matter, and ORDERED that the deadline for

compliance with Rule 3(A) of the North Dakota Admission to Practice Rules in those

cases that prosecution is delayed due to outstanding warrants is extended to January

31, 2019. 

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[¶6] IT IS FURTHER ORDERED, that all other provisions of the November 15,

2018, order remain in effect.

[¶7] Gerald W. VandeWalle, C.J.

Jerod E. Tufte

Jon J. Jensen

Lisa Fair McEvers

Daniel J. Crothers

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