North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1032 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.0279.~~03003~~
2		-	Title.~~04000~~
3		-	Adopted by the ~~Senate Judiciary~~
	1	+	25.0279.02001
	2	+	Title.03000
	3	+	Adopted by the Political Subdivisions
4	4		Committee
5	5		Sixty-ninth
6		-	~~April 2~~, 2025
	6	+	January 10, 2025
7	7		Legislative Assembly
8	8		of North Dakota
9	9		Introduced by
10	10		Legislative Management
11	11		(Judiciary Committee)
12	12		A BILL for an Act to create and enact a new subsection to section 27-05-06 and chapter 40-18.1
13	13		of the North Dakota Century Code, relating to jurisdiction of district courts and municipal court
14	14		requirements, jurisdiction, procedures, and processes; to amend and reenact subsection 1 of
15	15		section 29-07-01.1 of the North Dakota Century Code, relating to indigent defense; and to
16	16		repeal sections 40-11-10, 40-11-11, 40-11-12, and 40-11-13 and chapter 40-18 of the North
17	17		Dakota Century Code, relating to ordinance violations and municipal judges.
18	18		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
19	19		SECTION 1. A new subsection to section 27-05-06 of the North Dakota Century Code is
20	20		created and enacted as follows:
21	21		Power to hear and determine all actions and proceedings arising from the
22	22		enforcement of city ordinances in a city:
23	23		a.With a population of fewer than five thousand in which there is not a municipal
24	24		court or municipal judge under chapter 40 - 18.1.
25		-	b.That has entered an agreement under section 40 - 18.1 - 22 40 - 18.1 - 23 or
26		-	40 - 18.1 - 24 40 - 18.1 - 25 .
	25	+	b.That has entered an agreement under section 40 - 18.1 - 22 or 40 - 18.1 - 24.
27	26		SECTION 2. AMENDMENT. Subsection 1 of section 29-07-01.1 of the North Dakota
28	27		Century Code is amended and reenacted as follows:
29	28		1.Lawyers provided to represent indigent persons must be compensated at a
30	29		reasonable rate to be determined by the commission on legal counsel for indigents.
31	30		Expenses necessary for the adequate defense of an indigent person prosecuted in
32		-	Page No. 1 25.0279.03003
33		-	ENGROSSED HOUSE BILL NO. 1032
34		-	FIRST ENGROSSMENT
	31	+	district court, other than for a violation of a home rule county's ordinance, when
	32	+	approved by the commission, must be paid by the state. Expenses necessary for the
	33	+	Page No. 1 25.0279.02001
	34	+	HOUSE BILL NO. 1032
35	35		PROPOSED AMENDMENTS TO
36	36		1
37	37		2
38	38		3
39	39		4
40	40		5
41	41		6
42	42		7
43	43		8
44	44		9
45	45		10
46	46		11
47	47		12
48	48		13
49	49		14
50	50		15
51	51		16
52	52		17
53	53		18
54	54		19
55		-	20 Sixty-ninth
	55	+	20
	56	+	21 Sixty-ninth
56	57		Legislative Assembly
57		-	district court, other than for a violation of a home rule county's ordinance, when
58		-	approved by the commission, must be paid by the state. Expenses necessary for the
59	58		adequate defense of an indigent person prosecuted for violation of a home rule
60	59		county's ordinance must be paid by the home rule county. Expenses necessary for the
61	60		adequate defense of an indigent person prosecuted infor a violation of a municipal
62	61		courtordinance, when approved by the judge, must be paid by the city in which the
63	62		alleged offense took place. The city shallcity shall also pay the expenses in any matter
64	63		transferred to district court pursuant tounder section 40-18-06.2 or
65		-	40-18-15.140 - 18.1 - 18, 40 - 18.1 - 22, 40 - 18.1 - 23, or 40 - 18.1 - 24 , ~~or 40 - 18.1 - 25 ,~~ in any
66		-	~~appeal taken to~~ district court from a judgment of conviction in municipal court pursuant
67		-	~~tounder section~~ 40-18-1940 - 18.1 - 19 ~~or 40 - 18.1 - 20~~ , and in an appeal or postconviction
68		-	~~matter seeking relief from a~~ conviction resulting from violation of a municipal
69		-	~~ordinance. A defendant requesting~~ representation by counsel at public expense, or for
70		-	~~whom counsel provided at public~~ expense without a request is considered appropriate
71		-	~~by the court, shall submit an~~ application for indigent defense services. For an
72		-	~~application for indigent defense~~ services in the district court, a nonrefundable
73		-	~~application fee of thirty-five dollars must~~ be paid at the time the application is
74		-	~~submitted. The district court may extend the time~~ for payment of the fee or may waive
75		-	~~or reduce the fee if the court determines the~~ defendant is financially unable to pay all
76		-	~~or part of the fee. If the application fee is not~~ paid before disposition of the case, the
77		-	~~fee amount must be added to the amount to be~~ reimbursed under this section.
78		-	~~Application fees collected under this subsection must~~ be forwarded for deposit in the
79		-	~~indigent defense administration fund established under~~ subsection 4.
	64	+	40-18-15.140 - 18.1 - 18, 40 - 18.1 - 22, 40 - 18.1 - 23, or 40 - 18.1 - 24 , in any appeal taken to
	65	+	district court from a judgment of conviction in municipal court pursuant tounder section
	66	+	40-18-1940 - 18.1 - 19 , and in an appeal or postconviction matter seeking relief from a
	67	+	conviction resulting from violation of a municipal ordinance. A defendant requesting
	68	+	representation by counsel at public expense, or for whom counsel provided at public
	69	+	expense without a request is considered appropriate by the court, shall submit an
	70	+	application for indigent defense services. For an application for indigent defense
	71	+	services in the district court, a nonrefundable application fee of thirty-five dollars must
	72	+	be paid at the time the application is submitted. The district court may extend the time
	73	+	for payment of the fee or may waive or reduce the fee if the court determines the
	74	+	defendant is financially unable to pay all or part of the fee. If the application fee is not
	75	+	paid before disposition of the case, the fee amount must be added to the amount to be
	76	+	reimbursed under this section. Application fees collected under this subsection must
	77	+	be forwarded for deposit in the indigent defense administration fund established under
	78	+	subsection 4.
80	79		SECTION 3. Chapter 40-18.1 of the North Dakota Century Code is created and enacted as
81	80		follows:
82	81		40 - 18.1 - 01. Establishment of a municipal court.
83	82		1.The governing body of a city may, by ordinance or resolution, establish a municipal
84	83		court which is a part of the unified judicial system of this state. The supreme court may
85	84		supervise and sanction municipal courts and municipal court judges. A staff attorney
86	85		with the state court administrator's office may advise a municipal court judge and clerk
87	86		on an administrative and procedural court issue.
88		-	Page No. 2 25.0279.03003
	87	+	2.The governing body shall, by ordinance, provide for the election of at least one
	88	+	full - time or part - time judge.
	89	+	Page No. 2 25.0279.02001
89	90		1
90	91		2
91	92		3
92	93		4
93	94		5
94	95		6
95	96		7
96	97		8
97	98		9
98	99		10
99	100		11
100	101		12
101	102		13
102	103		14
103	104		15
104	105		16
105	106		17
106	107		18
107	108		19
108	109		20
109	110		21
110	111		22
111	112		23
112	113		24
113	114		25
114	115		26
115	116		27
116	117		28
117	118		29
118	119		30
119	120		31 Sixty-ninth
120	121		Legislative Assembly
121		-	2.The governing body shall, by ordinance, provide for the election of at least one
122		-	full - time or part - time judge.
123	122		3.A city that establishes a municipal court shall provide:
124	123		a.Facilities for the use of the municipal court to conduct trials, hearings, and other
125	124		necessary duties; and
126	125		b.Necessary supplies and technology and sufficient clerical and nonjudicial support
127	126		personnel to assist the municipal judge.
128	127		4.Municipal court must be held at the time and place designated by the municipal judge.
129	128		The court schedule must be posted publicly by filing the notice with the city auditor's
130	129		office and posting the notice on the city's website if the city has a website.
131	130		5.Two or more cities, by resolution, may enter an agreement establishing a single joint
132	131		municipal court. A copy of the agreement must be filed with the state court
133	132		administrator. The agreement must include the name of the joint municipal court. As
134	133		used in this chapter, "municipal court" includes a joint municipal court.
135	134		6.Two or more cities, by resolution, may enter an agreement to provide jointly for
136	135		courtrooms, chambers, equipment, supplies, and staff for municipal courts and agree
137	136		to elect judges without establishing a joint municipal court. A copy of the agreement
138	137		must be filed with the state court administrator. If municipal courts share facilities and
139	138		resources in this manner, the identities of the individual courts must be expressed in
140	139		the case caption.
141	140		7.An agreement under subsection 5 or 6 may be terminated in the manner provided in
142	141		the agreement. If the agreement does not include a provision for termination, the
143	142		agreement may be terminated by any party upon the provision of not fewer than thirty
144	143		days notice to the governing bodies.
145		-	8.The municipal court is not a court of record Beginning July 1, 2026, the municipal court
146		-	is a court of record .
	144	+	8.The municipal court is not a court of record.
147	145		40 - 18.1 - 02. Jurisdiction.
148	146		1.The municipal court has jurisdiction to hear, try, and determine offenses against the
149	147		ordinances of any city served by the court.
150	148		2.Notwithstanding any other provision of law, the municipal court does not have
151	149		jurisdiction to hear, try, and determine:
152		-	Page No. 3 25.0279.03003
	150	+	a.An offense that would be a violation of section 39 - 08 - 01 or equivalent ordinance,
	151	+	if the individual charged with the offense has twice previously been convicted of a
	152	+	violation of section 39 - 08 - 01 or equivalent ordinance within the seven years
	153	+	Page No. 3 25.0279.02001
153	154		1
154	155		2
155	156		3
156	157		4
157	158		5
158	159		6
159	160		7
160	161		8
161	162		9
162	163		10
163	164		11
164	165		12
165	166		13
166	167		14
167	168		15
168	169		16
169	170		17
170	171		18
171	172		19
172	173		20
173	174		21
174	175		22
175	176		23
176	177		24
177	178		25
178	179		26
179	180		27
180	181		28
181	182		29
182	183		30
183	184		31 Sixty-ninth
184	185		Legislative Assembly
185		-	a.An offense that would be a violation of section 39 - 08 - 01 or equivalent ordinance,
186		-	if the individual charged with the offense has twice previously been convicted of a
187		-	violation of section 39 - 08 - 01 or equivalent ordinance within the seven years
188	186		preceding the commission of the offense charged or if the individual charged with
189	187		the offense has three times previously been convicted of a violation of section
190	188		39 - 08 - 01 or equivalent ordinance within the fifteen years preceding the
191	189		commission of the offense charged. If the offense is charged in the municipal
192	190		court and the municipal judge has notice of a violation of section 39 - 08 - 01 or
193	191		equivalent ordinance twice within the seven years, or three times within the
194	192		fifteen years, preceding the commission of the offense charged, the municipal
195	193		judge shall dismiss the charge, without prejudice, and refer the matter to the
196	194		state's attorney of the county in which the municipal court is located.
197	195		b.An offense that would be a violation of section 39 - 08 - 01 or equivalent ordinance if
198	196		the judge is not licensed to practice law in this state.
199		-	c.A domestic violence offense .
	197	+	c.A domestic violence offense
200	198		d.A criminal offense, including criminal traffic offenses, against a juvenile, except a
201	199		municipal court may hear, try, and determine noncriminal offenses against a
202	200		juvenile if the juvenile is not subject to the exclusive jurisdiction of the juvenile
203	201		court under chapter 27 - 20.2.
204	202		40 - 18.1 - 03. Fitness to proceed.
205		-	1.If reason to doubt a defendant's fitness to proceed exists, as ~~defined under section~~
206		-	12.1 - 04 - 04, the case must be:
	203	+	1.When If reason to doubt a defendant's fitness to proceed exists , is in question as
	204	+	defined under section 12.1 - 04 - 04 , the case must be:
207	205		a.Transferred to the district court for evaluation; or
208	206		b.Dismissed on motion by the prosecutor.
209	207		2.The district court shall order the defendant to undergo a fitness to proceed evaluation
210	208		under chapter 12.1 - 04. If the defendant is found fit to proceed, the case must be
211	209		remanded to the municipal court for further proceedings.
212	210		3.The time to petition to transfer the matter to district court under section 40 - 18.1 - 18 is
213	211		suspended pending determination of the defendant's fitness to proceed.
214	212		4.If the defendant is found to lack fitness to proceed, the case must be dismissed.
215		-	Page No. 4 25.0279.03003
	213	+	5.In proceedings under this section, the city shall provide a prosecuting attorney and, in
	214	+	the case of an indigent defendant, a defense attorney. The city may contract with the
	215	+	county, state, or any person for the prosecution or defense services.
	216	+	Page No. 4 25.0279.02001
216	217		1
217	218		2
218	219		3
219	220		4
220	221		5
221	222		6
222	223		7
223	224		8
224	225		9
225	226		10
226	227		11
227	228		12
228	229		13
229	230		14
230	231		15
231	232		16
232	233		17
233	234		18
234	235		19
235	236		20
236	237		21
237	238		22
238	239		23
239	240		24
240	241		25
241	242		26
242	243		27
243	244		28
244	245		29
245	246		30 Sixty-ninth
246	247		Legislative Assembly
247		-	5.In proceedings under this section, the city shall provide a prosecuting attorney and, in
248		-	the case of an indigent defendant, a defense attorney. The city may contract with the
249		-	county, state, or any person for the prosecution or defense services.
250	248		40 - 18.1 - 04. Criminal responsibility.
251	249		1.A case in which the defendant's criminal responsibility at the time of the crime is in
252	250		question may be transferred to the district court for evaluation upon written request by
253	251		the defendant. The defendant shall initiate the request within twenty - eight days after
254	252		arraignment and the district court shall order the defendant to undergo a criminal
255	253		responsibility evaluation under chapter 12.1 - 04.1.
256	254		2.Following the evaluation, if the defendant asserts the defense of lack of criminal
257	255		responsibility, the case must remain in district court for trial. If the defendant does not
258	256		assert the defense of lack of criminal responsibility, the district court shall remand the
259	257		case to the municipal court for further proceedings.
260	258		3.In proceedings under this section, the city shall provide a prosecuting attorney and, in
261	259		the case of an indigent defendant, a defense attorney. The city may contract with the
262	260		county, state, or any person for the prosecution or defense services.
263	261		40 - 18.1 - 05. Election of municipal judge - Qualifications.
264	262		1.A municipal judge must be elected to serve a term of four years and may not hold any
265	263		other office in the city in which the municipal judge serves as a judge. The city auditor
266	264		shall notify the state court administrator of the election or appointment of a municipal
267	265		judge or alternate municipal judge.
268	266		2.Except when prohibited by home rule charter or ordinance, the municipal judge may
269	267		be a part-time judge and may serve as a municipal judge in more than one city.
270	268		3.A municipal judge in a city with a population of five thousand or more must be licensed
271	269		to practice law in this state and must be a resident of the city unless the city, by
272	270		ordinance or resolution, provides the municipal judge is not required to be a resident of
273	271		the city.
274	272		4.The municipal judge in a city with a population of fewer than five thousand is not
275	273		required to be licensed to practice law in this state and is not required to be a resident
276	274		of the city.
277	275		5.The governing body of the city shall fix the compensation of the municipal judge.
278		-	Page No. 5 25.0279.03003
	276	+	40 - 18.1 - 06. Demand for change of judge.
	277	+	A party to a proceeding pending in a municipal court may obtain a change of judge under
	278	+	section 29 - 15 - 21. The municipal judge must be replaced in accordance with section 40 - 18.1 - 07.
	279	+	Page No. 5 25.0279.02001
279	280		1
280	281		2
281	282		3
282	283		4
283	284		5
284	285		6
285	286		7
286	287		8
287	288		9
288	289		10
289	290		11
290	291		12
291	292		13
292	293		14
293	294		15
294	295		16
295	296		17
296	297		18
297	298		19
298	299		20
299	300		21
300	301		22
301	302		23
302	303		24
303	304		25
304	305		26
305	306		27
306	307		28
307	308		29
308	309		30
309	310		31 Sixty-ninth
310	311		Legislative Assembly
311		-	40 - 18.1 - 06. Demand for change of judge.
312		-	A party to a proceeding pending in a municipal court may obtain a change of judge under
313		-	section 29 - 15 - 21. The municipal judge must be replaced in accordance with section 40 - 18.1 - 07.
314	312		40 - 18.1 - 07. Vacancy in office of municipal judge - Disqualification - Temporary
315	313		absence of municipal judge.
316	314		1.If a vacancy exists in the office of municipal judge by death, resignation, or otherwise,
317	315		the governing body of the city shall appoint an individual to fill the vacancy.
318	316		2.The governing body may appoint alternate municipal judges to serve when a municipal
319	317		judge is unable to serve due to temporary absence, illness, disqualification, or
320	318		disability. The alternate judges must be compensated at a rate set by the governing
321	319		body.
322	320		3.If the alternate municipal judges also are disqualified or unavailable, the chief justice
323	321		may appoint a district court judge to a temporary assignment as a municipal court
324	322		judge for the purpose of presiding over the case.
325	323		40 - 18.1 - 08. Clerk of municipal court.
326	324		1.The governing body of a city with a municipal court may provide for the office of clerk
327	325		of the municipal court, which may include deputy clerks of municipal court. The
328	326		governing body of the city shall appoint the clerk and deputy clerk, with the consent of
329	327		the municipal judge. The governing body shall fix the salary of the municipal clerk and
330	328		deputy clerk.
331	329		2.The clerk and deputy clerk of the municipal court shall issue all process of the court,
332	330		administer oaths, file and preserve all papers, docket cases, set trials, and perform
333	331		other acts necessary to carry out the duties and responsibilities of the court. The clerk
334	332		shall receive, account for, and pay on a monthly basis to the city general fund all fines
335	333		and forfeited bonds paid into the court.
336	334		40 - 18.1 - 09. City prosecutor.
337	335		1.A prosecutor licensed to practice law in this state must be present for all contested
338	336		hearings and proceedings involving a class B misdemeanor in a municipal court.
339	337		2.The city shall pay the compensation of the prosecutor and any necessary expenses
340	338		incurred in prosecuting a violation of a city ordinance.
341		-	Page No. 6 25.0279.03003
342		-	1
343		-	2
344		-	3
345		-	4
346		-	5
347		-	6
348		-	7
349		-	8
350		-	9
351		-	10
352		-	11
353		-	12
354		-	13
355		-	14
356		-	15
357		-	16
358		-	17
359		-	18
360		-	19
361		-	20
362		-	21
363		-	22
364		-	23
365		-	24
366		-	25
367		-	26
368		-	27
369		-	28
370		-	29
371		-	30 Sixty-ninth
372		-	Legislative Assembly
373	339		40 - 18.1 - 10. Change of venue - Reliable electronic means.
374	340		1.A municipal judge shall consider the following factors when determining whether to
375	341		change the venue of a proceeding under this chapter:
376	342		a.Convenience to the parties and witnesses.
377		-	b.Judicial efficiency.
378		-	c.Available facilities.
379		-	d.Administration of justice.
380		-	2.A municipal judge may not change the venue of a proceeding if a party to the
381		-	proceeding objects to the change.
382		-	3.A municipal judge may use contemporaneous audio or audiovisual transmission by
383		-	reliable electronic means in accordance with rule 52 of the North Dakota Supreme
384		-	Court Administrative Rules. A municipal judge who presides over a proceeding through
385		-	contemporaneous audio or audiovisual transmission by reliable electronic means is
386		-	equivalent to a municipal judge who is physically present at the proceeding.
387		-	40 - 18.1 - 11. Costs and fees.
388		-	1.A municipal court:
389		-	a.May not assess costs or fees against any individual except as specifically
390		-	provided in this chapter.
391		-	b.May assess a fee under subsection 2 of section 40-05-06.
392		-	c. May assess a court administration fee and a community service supervision fee
393		-	in an amount not to exceed the amounts allowed under section 29 - 26 - 22.
394		-	c. d. Shall assess the crime victim and witness program fee under section 27 - 01 - 10.
395		-	2.The judgment must itemize the fines and fees assessed.
396		-	40 - 18.1 - 12. Action for violation of ordinance in corporate name - Previous
397		-	prosecution, recovery, or acquittal no defense.
398		-	An action brought to recover a fine, enforce a penalty, or punish a violation of a city
399		-	ordinance must be brought in the corporate name of the city as plaintiff. A prosecution, recovery,
400		-	or acquittal for the violation of a city ordinance may not constitute a defense to any other
401		-	prosecution of the same individual for any other violation of the ordinance, notwithstanding that
402		-	the different claims for relief existed at the time of the previous prosecution and if united, would
403		-	not have exceeded the jurisdiction of the court.
404		-	Page No. 7 25.0279.03003
	343	+	Page No. 6 25.0279.02001
405	344		1
406	345		2
407	346		3
408	347		4
409	348		5
410	349		6
411	350		7
412	351		8
413	352		9
414	353		10
415	354		11
416	355		12
417	356		13
418	357		14
419	358		15
420	359		16
421	360		17
422	361		18
423	362		19
424	363		20
425	364		21
426	365		22
427	366		23
428	367		24
429	368		25
430	369		26
431	370		27
432	371		28
433	372		29
434	373		30
435	374		31 Sixty-ninth
436	375		Legislative Assembly
	376	+	b.Judicial efficiency.
	377	+	c.Available facilities.
	378	+	d.Administration of justice.
	379	+	2.A municipal judge may not change the venue of a proceeding if a party to the
	380	+	proceeding objects to the change.
	381	+	3.A municipal judge may use contemporaneous audio or audiovisual transmission by
	382	+	reliable electronic means in accordance with rule 52 of the North Dakota Supreme
	383	+	Court Administrative Rules. A municipal judge who presides over a proceeding through
	384	+	contemporaneous audio or audiovisual transmission by reliable electronic means is
	385	+	equivalent to a municipal judge who is physically present at the proceeding.
	386	+	40 - 18.1 - 11. Costs and fees.
	387	+	1.A municipal court:
	388	+	a.May not assess costs or fees against any individual except as specifically
	389	+	provided in this chapter.
	390	+	b.May assess a court administration fee and a community service supervision fee
	391	+	in an amount not to exceed the amounts allowed under section 29 - 26 - 22.
	392	+	c.Shall assess the crime victim and witness program fee under section 27 - 01 - 10.
	393	+	2.The judgment must itemize the fines and fees assessed.
	394	+	40 - 18.1 - 12. Action for violation of ordinance in corporate name - Previous
	395	+	prosecution, recovery, or acquittal no defense.
	396	+	An action brought to recover a fine, enforce a penalty, or punish a violation of a city
	397	+	ordinance must be brought in the corporate name of the city as plaintiff. A prosecution, recovery,
	398	+	or acquittal for the violation of a city ordinance may not constitute a defense to any other
	399	+	prosecution of the same individual for any other violation of the ordinance, notwithstanding that
	400	+	the different claims for relief existed at the time of the previous prosecution and if united, would
	401	+	not have exceeded the jurisdiction of the court.
437	402		40 - 18.1 - 13. Summons to issue on violation of ordinance - When warrant of arrest to
438	403		issue.
439	404		An action for a violation of an ordinance is initiated by a uniform complaint under section
440	405		29 - 05 - 31 or a complaint in compliance with the North Dakota Rules of Criminal Procedure. If
441	406		there is probable cause to believe a criminal offense has been committed by the individual
442		-	charged, an arrest warrant must be issued, except a municipal judge may issue a summons
443		-	instead of an arrest warrant if the municipal judge has reason to believe the individual charged
444		-	will appear in response to the summons. An individual arrested under a warrant must be taken
445		-	without unnecessary delay before the municipal judge to be tried for the alleged offense.
446		-	40 - 18.1 - 14. Commitment for nonpayment of fines or costs.
447		-	Any individual upon whom any fine or costs, or both, has been imposed for violation of a
448		-	municipal ordinance may, after hearing, be committed upon order of the court to jail or other
449		-	place provided by the municipality for the incarceration of offenders until the fine or costs, or
450		-	both, are fully paid. The court may not commit an individual under this section when the reason
451		-	for the individual's nonpayment of fines or costs is the individual's indigency. A commitment
452		-	order issued under this section may not exceed thirty days. As used in this section, "fine" does
453		-	not include a fee established under subsection 2 of section 40 - 05 - 06.
454		-	40 - 18.1 - 15. Fines, fees, and forfeitures for violation of ordinances paid into city
455		-	general fund.
456		-	All fines, fees, penalties, and forfeitures collected for a violation of a city ordinance,
457		-	including those collected as a result of a judgment of a district court rendered under section
458		-	40 - 18.1 - 18, must be paid into the city's general fund.
459		-	40 - 18.1 - 16. Diagnosis and treatment of individuals convicted of driving while under
460		-	the influence.
461		-	If an individual is convicted under an ordinance equivalent to an offense under section
462		-	39 - 08 - 01, the court shall sentence the defendant in accordance with that section.
463		-	40 - 18.1 - 17. Sentencing alternatives - Suspension of sentence or imposition of
464		-	sentence.
465		-	Subject to section 40 - 05 - 06, a municipal judge may use the sentencing alternatives
466		-	provided under section 12.1 - 32 - 02 and may suspend any sentence the judge imposes or defer
467		-	the imposition of any sentence due to the good behavior of an individual adjudged to have
468		-	Page No. 8 25.0279.03003
	407	+	Page No. 7 25.0279.02001
469	408		1
470	409		2
471	410		3
472	411		4
473	412		5
474	413		6
475	414		7
476	415		8
477	416		9
478	417		10
479	418		11
480	419		12
481	420		13
482	421		14
483	422		15
484	423		16
485	424		17
486	425		18
487	426		19
488	427		20
489	428		21
490	429		22
491	430		23
492	431		24
493	432		25
494	433		26
495	434		27
496	435		28
497	436		29
498	437		30
499	438		31 Sixty-ninth
500	439		Legislative Assembly
	440	+	charged, an arrest warrant must be issued, except a municipal judge may issue a summons
	441	+	instead of an arrest warrant if the municipal judge has reason to believe the individual charged
	442	+	will appear in response to the summons. An individual arrested under a warrant must be taken
	443	+	without unnecessary delay before the municipal judge to be tried for the alleged offense.
	444	+	40 - 18.1 - 14. Commitment for nonpayment of fines or costs.
	445	+	Any individual upon whom any fine or costs, or both, has been imposed for violation of a
	446	+	municipal ordinance may, after hearing, be committed upon order of the court to jail or other
	447	+	place provided by the municipality for the incarceration of offenders until the fine or costs, or
	448	+	both, are fully paid. The court may not commit an individual under this section when the reason
	449	+	for the individual's nonpayment of fines or costs is the individual's indigency. A commitment
	450	+	order issued under this section may not exceed thirty days. As used in this section, "fine" does
	451	+	not include a fee established under subsection 2 of section 40 - 05 - 06.
	452	+	40 - 18.1 - 15. Fines, fees, and forfeitures for violation of ordinances paid into city
	453	+	general fund.
	454	+	All fines, fees, penalties, and forfeitures collected for a violation of a city ordinance,
	455	+	including those collected as a result of a judgment of a district court rendered under section
	456	+	40 - 18.1 - 18, must be paid into the city's general fund.
	457	+	40 - 18.1 - 16. Diagnosis and treatment of individuals convicted of driving while under
	458	+	the influence.
	459	+	If an individual is convicted under an ordinance equivalent to an offense under section
	460	+	39 - 08 - 01, the court shall order the individual to an appropriate licensed addiction treatment
	461	+	program for addiction evaluation and require the individual to complete any recommended
	462	+	treatment sentence the defendant in accordance with that section .
	463	+	40 - 18.1 - 17. Sentencing alternatives - Suspension of sentence or imposition of
	464	+	sentence.
	465	+	Subject to section 40 - 05 - 06, a municipal judge may use the sentencing alternatives
	466	+	provided under section 12.1 - 32 - 02 and may suspend any sentence the judge imposes or defer
	467	+	the imposition of any sentence due to the good behavior of an individual adjudged to have
501	468		committed an offense, or for other reasonable cause, under subsection 3 or 4 of section
502	469		12.1 - 32 - 02, except a municipal judge may not suspend a sentence or the imposition of
503	470		sentence for driving a motor vehicle in violation of an operator's license suspension, revocation,
504		-	or restriction or for a violation of section 39 - 08 - 01 or equivalent ordinance if the suspension of
505		-	sentence or suspension of the imposition of sentence is prohibited under section 39 - 06 - 17 or
506		-	39 - 06 - 42 or chapter 39 - 08.
507		-	40 - 18.1 - 18. Transfer to district court - Expenses of prosecution - Division of funds
508		-	and expenses among city, county, and state.
509		-	1.A defendant may request in writing to transfer the case to district court and to exercise
510		-	the defendant's right to a jury trial within twenty-eight days after arraignment. If the
511		-	request is filed within twenty-eight days after the arraignment, the judge shall grant the
512		-	request.
513		-	2.If the defendant waives a jury trial after a transfer to district court, the district court
514		-	shall remand the matter to the municipal court for disposition and sentencing if the
515		-	parties agree to a remand.
516		-	3.Unless remanded to the municipal court by agreement of the parties, the district court
517		-	retains jurisdiction for sentencing and enforcement.
518		-	4.The city shall provide a prosecuting attorney and, in the case of an indigent defendant,
519		-	a defense attorney. The city may contract with the county, state, or any person for the
520		-	prosecution or defense services.
521		-	5.The city, county, and state may agree to a division of any fees, fines, costs, forfeitures,
522		-	and any other monetary consideration collected from cases transferred under this
523		-	section, which must be paid to the city general fund and the county treasury and the
524		-	state general fund at least once each quarter. At the time of payment, the clerk of
525		-	district court shall account under oath to the city auditor, county treasurer, and state
526		-	treasurer for all money collected. In the contract, the city, county, and state may agree
527		-	to a division of expenses, including jury and witness expenses, related to cases
528		-	transferred under this section. In the absence of a contract, all fees, fines, costs,
529		-	forfeitures, and any other monetary consideration collected from transferred cases
530		-	must be deposited in the state general fund.
531		-	Page No. 9 25.0279.03003
532		-	1
533		-	2
534		-	3
535		-	4
536		-	5
537		-	6
538		-	7
539		-	8
540		-	9
541		-	10
542		-	11
543		-	12
544		-	13
545		-	14
546		-	15
547		-	16
548		-	17
549		-	18
550		-	19
551		-	20
552		-	21
553		-	22
554		-	23
555		-	24
556		-	25
557		-	26
558		-	27
559		-	28
560		-	29
561		-	30 Sixty-ninth
562		-	Legislative Assembly
563		-	40 - 18.1 - 19. Appeals from determinations of municipal judge not in courts of record .
564		-	1.An For a case filed before July 1, 2026, an appeal may be taken to the district court
565		-	from a judgment of conviction or order deferring imposition of sentence in a municipal
566		-	court in accordance with the North Dakota Rules of Criminal Procedure.
567		-	2.An appeal is perfected by notice of appeal. A perfected appeal to the district court
568		-	transfers the action to the district court for trial anew. Failure to remove the case under
569		-	section 40 - 18.1 - 18 constitutes waiver of jury trial on appeal.
570		-	3.On all appeals from a determination in a municipal court, the district court shall take
571		-	judicial notice of all of the ordinances of the city.
572		-	4.A filing fee may not be required in district court for the filing of an appeal from a
573		-	judgment of conviction for the violation of a city ordinance.
574		-	5.Expenses necessary for the adequate defense of an indigent individual in an appeal to
575		-	the district court from a judgment of conviction for the violation of a municipal
576		-	ordinance, as approved by the presiding district judge, must be paid by the city where
577		-	the alleged offense took place.
578		-	6.Unless remanded to the municipal court by agreement of the parties, the district court
579		-	retains jurisdiction for sentencing and enforcement.
580		-	40 - 18.1 - 20. Appeals from determinations of municipal judge in courts of record .
581		-	1. For a case filed on or after July 1, 2026, an appeal may be taken to the district court
582		-	from a judgment of conviction or order deferring imposition of sentence in a municipal
583		-	court in accordance with the North Dakota Rules of Criminal Procedure.
584		-	2. An appeal from a municipal court of record must originate from the file, record,
585		-	recording, transcript, or evidence from the municipal court.
586		-	3. The district court may affirm, reverse, or amend any appeal order or judgment and
587		-	may direct the proper order or judgment be entered or direct a new trial or further
588		-	proceeding be had in the court from which the appeal was taken.
589		-	40 - 18.1 - 20 40 - 18.1 - 21 . Municipal judge may enforce orders and judgments and punish
590		-	for contempt.
591		-	A municipal judge may enforce compliance with the court's orders and judgments. The
592		-	judge may fine or imprison for contempt committed in the judge's presence while holding court,
593		-	as well as for contempt of process issued, and of orders and judgments made by the judge. If
594		-	Page No. 10 25.0279.03003
	471	+	Page No. 8 25.0279.02001
595	472		1
596	473		2
597	474		3
598	475		4
599	476		5
600	477		6
601	478		7
602	479		8
603	480		9
604	481		10
605	482		11
606	483		12
607	484		13
608	485		14
609	486		15
610	487		16
611	488		17
612	489		18
613	490		19
614	491		20
615	492		21
616	493		22
617	494		23
618	495		24
619	496		25
620	497		26
621	498		27
622	499		28
623	500		29
624	501		30
625	502		31 Sixty-ninth
626	503		Legislative Assembly
627		-	an act or omission constituting a contempt in a municipal court is not committed in the presence
628		-	of the municipal judge, an affidavit alleging the facts may be filed and a warrant of arrest may be
629		-	issued on which the individual accused may be arrested and brought before the municipal judge
630		-	immediately. The individual must be given a reasonable opportunity to employ counsel and
631		-	defend against the alleged contempt. After hearing the allegations and proof, the municipal
632		-	judge may discharge the individual or adjudge the individual guilty and may punish by fine,
633		-	imprisonment, or both. The fine in any case may not exceed one thousand five hundred dollars
634		-	and the imprisonment may not exceed thirty days.
635		-	40 - 18.1 - 21 40 - 18.1 - 22 . Judgment for fines, fees, or costs - Procedure.
636		-	1.If the judgment imposes a fine or assesses a fee , the municipal judge may order a
637		-	certified copy of the judgment be filed in the office of the clerk of the district court of
638		-	any county in the state. The clerk of district court shall treat the municipal court
639		-	judgment in the same manner as a civil judgment of any district court of any county of
640		-	the state.
641		-	2.At the time of filing the judgment with the office of the clerk of district court, the
642		-	municipal court judge shall order an affidavit providing the name and last-known
643		-	mailing address of the defendant and otherwise complying with section 28 - 20 - 15 be
644		-	filed.
645		-	3.Upon the filing of the judgment and affidavit, the clerk of municipal court shall mail
646		-	notice of the filing of the municipal judgment to the defendant at the defendant's last-
647		-	known address and file proof of mailing with the district court. The notice must include
648		-	the name and mailing address of the municipal court.
649		-	4.An execution of other process for enforcement of a municipal court judgment filed
650		-	under this section may not be issued until ten days after the date the judgment is filed.
651		-	5.If the defendant shows the district court of any county that an appeal from the
652		-	judgment is pending or will be taken, the court shall stay enforcement of the municipal
653		-	court judgment until the appeal is concluded or the time for appeal expires.
654		-	6.The municipal judge shall order the defendant to pay a filing fee of ten dollars to the
655		-	clerk of district court.
656		-	Page No. 11 25.0279.03003
657		-	1
658		-	2
659		-	3
660		-	4
661		-	5
662		-	6
663		-	7
664		-	8
665		-	9
666		-	10
667		-	11
668		-	12
669		-	13
670		-	14
671		-	15
672		-	16
673		-	17
674		-	18
675		-	19
676		-	20
677		-	21
678		-	22
679		-	23
680		-	24
681		-	25
682		-	26
683		-	27
684		-	28
685		-	29 Sixty-ninth
686		-	Legislative Assembly
687		-	7.Upon filing of the judgment with the district court in accordance with this chapter, the
688		-	judgment is enforceable by the city only in the same manner as provided for a
689		-	judgment for money in a civil action.
690		-	40 - 18.1 - 22 40 - 18.1 - 23 . Transfer of municipal ordinance cases to district court.
691		-	With the agreement of the state court administrator, the governing body of a city may, by
692		-	ordinance, transfer some or all of the cases of the municipal court to the district court serving
693		-	the county in which the city is located without abolishing the municipal court. Cases transferred
694		-	under this section are deemed district court cases for purposes of appeal. The agreement must
695		-	provide the city is responsible for providing for the prosecution of the cases and for providing a
696		-	defense attorney in cases involving an indigent defendant.
697		-	40 - 18.1 - 23 40 - 18.1 - 24 . Abolition of municipal court in a city with a population of fewer
698		-	than five thousand.
699		-	1.The governing body of a city with a population of fewer than five thousand having a
700		-	municipal court may by resolution abolish its municipal court. The jurisdiction of a
701		-	municipal court abolished by resolution must be transferred to the district court of the
702		-	district in which the city is located.
703		-	2.The city auditor shall provide a copy of the resolution abolishing the court to the
704		-	presiding judge and clerk of court of the district court for the district in which the city is
705		-	located, the state's attorney for the county in which the city is located, and the state
706		-	court administrator. The resolution must provide the effective date of the transfer of
707		-	cases, which must be at least ninety days following the date of the resolution.
708		-	3.At least ten days before the effective date of the transfer, the clerk of the municipal
709		-	court shall deliver to the clerk of the district court all cases pending action by the
710		-	district court after the effective date of the resolution.
711		-	4.On the effective date of transfer, all proceedings relating to ordinance violations must
712		-	be within the jurisdiction of the district court. Judgments of courts which cease to exist
713		-	on the effective date of the resolution continue in effect and the district court may
714		-	enforce the judgments. Fines, forfeitures, and costs due and unpaid on the effective
715		-	date of the transfer and those which are subsequently collected on cases pending on
716		-	the effective date of the transfer must be collected by the district court and remitted to
717		-	the city.
718		-	Page No. 12 25.0279.03003
	504	+	or restriction or for a violation of section 39 - 08 - 01 or equivalent ordinance if the suspension of
	505	+	sentence or suspension of the imposition of sentence is prohibited under section 39 - 06 - 17 or
	506	+	39 - 06 - 42 or chapter 39 - 08.
	507	+	40 - 18.1 - 18. Transfer to district court - Expenses of prosecution - Division of funds
	508	+	and expenses among city, county, and state.
	509	+	1.A defendant may file a petition request in writing to transfer the case to district court
	510	+	and to exercise the defendant's right to a jury trial within twenty-eight days after
	511	+	arraignment. If the petition request is filed within twenty-eight days after the
	512	+	arraignment, the judge shall grant the petition request .
	513	+	2.If the defendant waives a jury trial after a transfer to district court, the district court
	514	+	shall remand the matter to the municipal court for disposition and sentencing if the
	515	+	parties agree to a remand.
	516	+	3.Unless remanded to the municipal court by agreement of the parties, the district court
	517	+	retains jurisdiction for sentencing and enforcement.
	518	+	4.The city shall provide a prosecuting attorney and, in the case of an indigent defendant,
	519	+	a defense attorney. The city may contract with the county, state, or any person for the
	520	+	prosecution or defense services.
	521	+	5.The city, county, and state may agree to a division of any fees, fines, costs, forfeitures,
	522	+	and any other monetary consideration collected from cases transferred under this
	523	+	section, which must be paid to the city general fund and the county treasury and the
	524	+	state general fund at least once each quarter. At the time of payment, the clerk of
	525	+	district court shall account under oath to the city auditor, county treasurer, and state
	526	+	treasurer for all money collected. In the contract, the city, county, and state may agree
	527	+	to a division of expenses, including jury and witness expenses, related to cases
	528	+	transferred under this section. In the absence of a contract, all fees, fines, costs,
	529	+	forfeitures, and any other monetary consideration collected from transferred cases
	530	+	must be deposited in the state general fund.
	531	+	40 - 18.1 - 19. Appeals from determinations of municipal judge.
	532	+	1.An appeal may be taken to the district court from a judgment of conviction or order
	533	+	deferring imposition of sentence in a municipal court in accordance with the North
	534	+	Dakota Rules of Criminal Procedure.
	535	+	Page No. 9 25.0279.02001
719	536		1
720	537		2
721	538		3
722	539		4
723	540		5
724	541		6
725	542		7
726	543		8
727	544		9
728	545		10
729	546		11
730	547		12
731	548		13
732	549		14
733	550		15
734	551		16
735	552		17
736	553		18
737	554		19
738	555		20
739	556		21
740	557		22
741	558		23
742	559		24
743	560		25
744	561		26
745	562		27
746	563		28
747	564		29
748	565		30
749	566		31 Sixty-ninth
750	567		Legislative Assembly
751		-	5.~~The authority,~~ ~~duties, powers,~~ ~~jurisdiction, and term~~ of the ~~municipal judge terminates~~
752		-	on the ~~last day of the month in which all municipal cases have been transferred~~ to the
753		-	~~district court or the expiration~~ of ~~the judge's term,~~ ~~whichever occurs first~~.
754		-	~~40 - 18.1 - 24 40 - 18.1 - 25 . Abolition of municipal court~~ in a ~~city with a population of five~~
755		-	~~thousand or more~~.
756		-	1.The ~~governing body~~ of ~~a city with~~ a ~~population of five thousand or more having a~~
757		-	~~municipal court may by resolution abolish its municipal court if~~ the city ~~has entered an~~
758		-	~~agreement with:~~
759		-	a.The ~~governing body~~ of ~~the county in which~~ the municipal ~~court is located;~~
760		-	b.The presiding judge of the ~~district in which the municipal court is located; and~~
761		-	c.The ~~state court administrator's office~~.
762		-	2.~~The agreement must provide for an effective date of the transfer of~~ the municipal court
763		-	~~cases to the district court not fewer than one hundred eighty days after the date of the~~
764		-	~~agreement unless otherwise agreed upon~~.
765		-	3.~~At least ten days before the effective date of the transfer, the clerk of the municipal~~
766		-	~~court shall deliver to~~ the ~~clerk of~~ the ~~district court all cases pending action by the~~
767		-	~~district court after~~ the ~~effective date of the transfer.~~
768		-	~~4.On~~ the ~~effective date of the transfer, all proceedings relating to ordinance violations~~
769		-	~~must be within~~ the ~~jurisdiction of the district court. Judgments of courts which cease to~~
770		-	~~exist on the effective date~~ of the ~~agreement continue in effect~~ and ~~the district court~~
771		-	~~may enforce~~ the ~~judgments. Fines,~~ ~~forfeitures,~~ and ~~costs due and unpaid on~~ the
772		-	~~effective date of~~ the ~~transfer~~ and ~~those which are subsequently collected on cases~~
773		-	~~pending on~~ the ~~effective date must be collected by~~ the ~~district court~~ and ~~remitted to~~ the
774		-	~~city.~~
775		-	~~5.The authority~~, ~~duties, powers, jurisdiction, and term of~~ the ~~municipal judge terminates~~
776		-	on the ~~last day of the month in which all municipal cases have been transferred to the~~
777		-	~~district court~~ or ~~the expiration of the judge's term, whichever occurs first~~.
778		-	~~40 - 18~~.~~1 - 25 40 - 18.1 - 26 . Compliance with rules adopted by~~ the ~~supreme court.~~
779		-	1.The ~~supreme court shall adopt rules governing:~~
780		-	~~a.Municipal~~ court ~~procedure;~~
781		-	Page No. 13 25.0279.~~03003~~
	568	+	2.An appeal is perfected by notice of appeal. A perfected appeal to the district court
	569	+	transfers the action to the district court for trial anew. Failure to remove the case under
	570	+	section 40 - 18.1 - 18 constitutes waiver of jury trial on appeal.
	571	+	3.On all appeals from a determination in a municipal court, the district court shall take
	572	+	judicial notice of all of the ordinances of the city.
	573	+	4.A filing fee may not be required in district court for the filing of an appeal from a
	574	+	judgment of conviction for the violation of a city ordinance.
	575	+	5.Expenses necessary for the adequate defense of an indigent individual in an appeal to
	576	+	the district court from a judgment of conviction for the violation of a municipal
	577	+	ordinance, as approved by the presiding district judge, must be paid by the city where
	578	+	the alleged offense took place.
	579	+	6.Unless remanded to the municipal court by agreement of the parties, the district court
	580	+	retains jurisdiction for sentencing and enforcement.
	581	+	40 - 18.1 - 20. Municipal judge may enforce orders and judgments and punish for
	582	+	contempt.
	583	+	A municipal judge may enforce compliance with the court's orders and judgments. The
	584	+	judge may fine or imprison for contempt committed in the judge's presence while holding court,
	585	+	as well as for contempt of process issued, and of orders and judgments made by the judge. If
	586	+	an act or omission constituting a contempt in a municipal court is not committed in the presence
	587	+	of the municipal judge, an affidavit alleging the facts may be filed and a warrant of arrest may be
	588	+	issued on which the individual accused may be arrested and brought before the municipal judge
	589	+	immediately. The individual must be given a reasonable opportunity to employ counsel and
	590	+	defend against the alleged contempt. After hearing the allegations and proof, the municipal
	591	+	judge may discharge the individual or adjudge the individual guilty and may punish by fine,
	592	+	imprisonment, or both. The fine in any case may not exceed one thousand five hundred dollars
	593	+	and the imprisonment may not exceed thirty days.
	594	+	40 - 18.1 - 21. Judgment for fines, fees, or costs - Procedure.
	595	+	1.If the judgment imposes a fine or assesses a fee or cost , the municipal judge may
	596	+	order an authenticated a certified copy of the judgment be filed in the office of the clerk
	597	+	of the district court of any county in the state. The clerk of district court shall treat the
	598	+	Page No. 10 25.0279.02001
782	599		1
783	600		2
784	601		3
785	602		4
786	603		5
787	604		6
788	605		7
789	606		8
790	607		9
791	608		10
792	609		11
793	610		12
794	611		13
795	612		14
796	613		15
797	614		16
798	615		17
799	616		18
800	617		19
801	618		20
802	619		21
803	620		22
804	621		23
805	622		24
806	623		25
807	624		26
808	625		27
809	626		28
810	627		29
811	628		30 Sixty-ninth
812	629		Legislative Assembly
813		-	b.Qualifications , ethical standards judicial conduct , and education of municipal
814		-	judges;
815		-	c.Qualification and education of municipal clerks;
816		-	d.Requirements of municipal court facilities; and
817		-	e.Records to be maintained and reports to be filed by the municipal court.
818		-	2.Each municipal judge and alternate judge shall comply with the rules established by
819		-	the supreme court. The city shall reimburse the judge for necessary travel expenses,
820		-	meals, and lodging relating to compliance with the rules regarding qualifications ,
821		-	ethical standards judicial conduct , and education in the same manner as other city
822		-	officials are reimbursed.
823		-	3.If a municipal judge or alternate municipal judge fails to fulfill the requirements of the
824		-	rules established by the supreme court, the judicial conduct commission may order the
825		-	municipal judge not preside over municipal court proceedings.
826		-	SECTION 4. REPEAL. Sections 40-11-10, 40-11-11, 40-11-12, and 40-11-13 and chapter
827		-	40-18 of the North Dakota Century Code are repealed.
828		-	Page No. 14 25.0279.03003
	630	+	municipal court judgment in the same manner as a civil judgment of any district court
	631	+	of any county of the state.
	632	+	2.At the time of filing the judgment with the office of the clerk of district court, the
	633	+	municipal court judge shall order an affidavit providing the name and last-known
	634	+	mailing address of the defendant and otherwise complying with section 28 - 20 - 15 be
	635	+	filed.
	636	+	3.Upon the filing of the judgment and affidavit, the clerk of municipal court shall mail
	637	+	notice of the filing of the municipal judgment to the defendant at the defendant's last-
	638	+	known address and file proof of mailing with the district court. The notice must include
	639	+	the name and mailing address of the municipal court.
	640	+	4.An execution of other process for enforcement of a municipal court judgment filed
	641	+	under this section may not be issued until ten days after the date the judgment is filed.
	642	+	5.If the defendant shows the district court of any county that an appeal from the
	643	+	judgment is pending or will be taken, the court shall stay enforcement of the municipal
	644	+	court judgment until the appeal is concluded or the time for appeal expires.
	645	+	6.The municipal judge shall order the defendant to pay a filing fee of ten dollars to the
	646	+	clerk of district court.
	647	+	7.Upon filing of the judgment with the district court in accordance with this chapter, the
	648	+	judgment is enforceable by the city only in the same manner as provided for a
	649	+	judgment for money in a civil action.
	650	+	40 - 18.1 - 22. Transfer of municipal ordinance cases to district court.
	651	+	With the agreement of the state court administrator, the governing body of a city may, by
	652	+	ordinance, transfer some or all of the cases of the municipal court to the district court serving
	653	+	the county in which the city is located without abolishing the municipal court. Cases transferred
	654	+	under this section are deemed district court cases for purposes of appeal. The agreement must
	655	+	provide the city is responsible for providing for the prosecution of the cases and for providing a
	656	+	defense attorney in cases involving an indigent defendant.
	657	+	40 - 18.1 - 23. Abolition of municipal court in a city with a population of fewer than five
	658	+	thousand.
	659	+	1.The governing body of a city with a population of fewer than five thousand having a
	660	+	municipal court may by resolution abolish its municipal court. The jurisdiction of a
	661	+	Page No. 11 25.0279.02001
829	662		1
830	663		2
831	664		3
832	665		4
833	666		5
834	667		6
835	668		7
836	669		8
837	670		9
838	671		10
839	672		11
840	673		12
841	674		13
842	675		14
843	676		15
	677	+	16
	678	+	17
	679	+	18
	680	+	19
	681	+	20
	682	+	21
	683	+	22
	684	+	23
	685	+	24
	686	+	25
	687	+	26
	688	+	27
	689	+	28
	690	+	29
	691	+	30
	692	+	31 Sixty-ninth
	693	+	Legislative Assembly
	694	+	municipal court abolished by resolution must be transferred to the district court of the
	695	+	district in which the city is located.
	696	+	2.The city auditor shall provide a copy of the resolution abolishing the court to the
	697	+	presiding judge and clerk of court of the district court for the district in which the city is
	698	+	located, the state's attorney for the county in which the city is located, and the state
	699	+	court administrator. The resolution must provide the effective date of the transfer of
	700	+	cases, which must be at least ninety days following the date of the resolution.
	701	+	3.At least ten days before the effective date of the transfer, the clerk of the municipal
	702	+	court shall deliver to the clerk of the district court all cases pending action by the
	703	+	district court after the effective date of the resolution.
	704	+	4.On the effective date of transfer, all proceedings relating to ordinance violations must
	705	+	be within the jurisdiction of the district court. Judgments of courts which cease to exist
	706	+	on the effective date of the resolution continue in effect and the district court may
	707	+	enforce the judgments. Fines, forfeitures, and costs due and unpaid on the effective
	708	+	date of the transfer and those which are subsequently collected on cases pending on
	709	+	the effective date of the transfer must be collected by the district court and remitted to
	710	+	the city.
	711	+	5.The authority, duties, powers, jurisdiction, and term of the municipal judge terminates
	712	+	on the last day of the month in which all municipal cases have been transferred to the
	713	+	district court or the expiration of the judge's term, whichever occurs first.
	714	+	40 - 18.1 - 24. Abolition of municipal court in a city with a population of five thousand or
	715	+	more.
	716	+	1.The governing body of a city with a population of five thousand or more having a
	717	+	municipal court may by resolution abolish its municipal court if the city has entered an
	718	+	agreement with:
	719	+	a.The governing body of the county in which the municipal court is located;
	720	+	b.The presiding judge of the district in which the municipal court is located; and
	721	+	c.The state court administrator's office.
	722	+	2.The agreement must provide for an effective date of the transfer of the municipal court
	723	+	cases to the district court not fewer than one hundred eighty days after the date of the
	724	+	agreement unless otherwise agreed upon.
	725	+	Page No. 12 25.0279.02001
	726	+	1
	727	+	2
	728	+	3
	729	+	4
	730	+	5
	731	+	6
	732	+	7
	733	+	8
	734	+	9
	735	+	10
	736	+	11
	737	+	12
	738	+	13
	739	+	14
	740	+	15
	741	+	16
	742	+	17
	743	+	18
	744	+	19
	745	+	20
	746	+	21
	747	+	22
	748	+	23
	749	+	24
	750	+	25
	751	+	26
	752	+	27
	753	+	28
	754	+	29
	755	+	30
	756	+	31 Sixty-ninth
	757	+	Legislative Assembly
	758	+	3.At least ten days before the effective date of the transfer, the clerk of the municipal
	759	+	court shall deliver to the clerk of the district court all cases pending action by the
	760	+	district court after the effective date of the transfer.
	761	+	4.On the effective date of the transfer, all proceedings relating to ordinance violations
	762	+	must be within the jurisdiction of the district court. Judgments of courts which cease to
	763	+	exist on the effective date of the agreement continue in effect and the district court
	764	+	may enforce the judgments. Fines, forfeitures, and costs due and unpaid on the
	765	+	effective date of the transfer and those which are subsequently collected on cases
	766	+	pending on the effective date must be collected by the district court and remitted to the
	767	+	city.
	768	+	5.The authority, duties, powers, jurisdiction, and term of the municipal judge terminates
	769	+	on the last day of the month in which all municipal cases have been transferred to the
	770	+	district court or the expiration of the judge's term, whichever occurs first.
	771	+	40 - 18.1 - 25. Compliance with rules adopted by the supreme court.
	772	+	1.The supreme court shall adopt rules governing:
	773	+	a.Municipal court procedure;
	774	+	b.Qualifications and education of municipal judges;
	775	+	c.Qualification and education of municipal clerks;
	776	+	d.Requirements of municipal court facilities; and
	777	+	e.Records to be maintained and reports to be filed by the municipal court.
	778	+	2.Each municipal judge and alternate judge shall comply with the rules established by
	779	+	the supreme court. The city shall reimburse the judge for necessary travel expenses,
	780	+	meals, and lodging relating to compliance with the rules regarding qualifications and
	781	+	education in the same manner as other city officials are reimbursed.
	782	+	3.If a municipal judge or alternate municipal judge fails to fulfill the requirements of the
	783	+	rules established by the supreme court, the judicial conduct commission may order the
	784	+	municipal judge not preside over municipal court proceedings.
	785	+	SECTION 4. REPEAL. Sections 40-11-10, 40-11-11, 40-11-12, and 40-11-13 and chapter
	786	+	40-18 of the North Dakota Century Code are repealed.
	787	+	Page No. 13 25.0279.02001
	788	+	1
	789	+	2
	790	+	3
	791	+	4
	792	+	5
	793	+	6
	794	+	7
	795	+	8
	796	+	9
	797	+	10
	798	+	11
	799	+	12
	800	+	13
	801	+	14
	802	+	15
	803	+	16
	804	+	17
	805	+	18
	806	+	19
	807	+	20
	808	+	21
	809	+	22
	810	+	23
	811	+	24
	812	+	25
	813	+	26
	814	+	27
	815	+	28
	816	+	29