All Roll Calls
Yes: 226 • No: 1
North DakotaHB 10322025 Regular SessionHouseWALLET
AN ACT to create and enact a new subsection to section 27-05-06 and chapter 40-18.1 of the North Dakota Century Code, relating to jurisdiction of district courts and municipal court requirements, jurisdiction, procedures, and processes; to amend and reenact subsection 1 of section 29-07-01.1 of the North Dakota Century Code, relating to indigent defense; and to repeal sections 40-11-10, 40-11-11, 40-11-12, and 40-11-13 and chapter 40-18 of the North Dakota Century Code, relating to ordinance violations and municipal judges.
Sponsored By: Legislative Management
Became Law
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Bill Overview
Analyzed Economic Effects
9 provisions identified: 1 benefits, 0 costs, 8 mixed.
Your rights to transfer or appeal
If you are charged in municipal court, you can ask in writing within 28 days after arraignment to move your case to district court for a jury trial. You can also appeal a municipal conviction to district court for a new trial, and the district court cannot charge a filing fee for that appeal. If there is doubt about your fitness to proceed, the case goes to district court for an evaluation; the clock to seek a transfer pauses during that review. You may also request a criminal responsibility evaluation within 28 days after arraignment. If you are indigent, the city must provide a defense lawyer in these transferred matters.
Who pays for your public defender
The state pays approved indigent-defense expenses in district court, except for prosecutions of home rule county ordinances. Home rule counties pay for their ordinance prosecutions. Cities pay approved indigent-defense expenses for municipal ordinance cases, for municipal cases moved to district court, and for appeals from municipal convictions. If you apply for a public defender in district court, you must pay a nonrefundable $35 application fee unless the court waives, reduces, or delays it. Unpaid application fees are added to amounts you may have to repay, and collected fees go to the indigent defense administration fund.
Limits on court fees and penalties
Municipal courts can only charge costs and fees the law allows. They must itemize every fine and fee, may assess only capped court administration and community service fees, and must add the crime victim and witness fee. If you owe money after judgment, the court can file it in district court; you owe a one-time $10 filing fee, and enforcement waits 10 days after notice. Judges can use sentencing alternatives and suspend or defer sentences, but not for listed driving and DUI-type offenses. You cannot be jailed for nonpayment if you are indigent, and any commitment for unpaid fines or costs is capped at 30 days. Contempt penalties are limited to a $1,500 fine or 30 days in jail. Money from ordinance fines and fees goes to the city’s general fund.
DUI convictions require treatment and evaluation
If you are convicted under a municipal DUI-equivalent ordinance, the court orders an evaluation by a licensed addiction treatment program. You must complete any treatment the evaluation recommends. Sentencing follows the state DUI rules.
Uniform rules for city courts
Cities may set up a municipal court as part of the state court system. The Supreme Court sets rules for court procedure, judge and clerk training, facilities, and records, and can bar judges who do not meet rules. Cities must elect at least one judge, provide courtrooms, staff, and tech, and reimburse judges’ necessary travel, meals, and lodging for required training. Judges serve four-year terms, may be part-time and serve more than one city, and in larger cities (5,000+ people) must be licensed lawyers unless the city waives residency. Courts must post schedules, can hold remote hearings, are not courts of record, must have a clerk to manage cases and deposit fines monthly, and a licensed prosecutor must attend contested class B misdemeanor hearings at city expense.
When district court handles city cases
District courts hear city ordinance cases if a small city (under 5,000 people) has no municipal court, or if a city enters an allowed transfer agreement. A city may move some or all cases to district court by ordinance with the state court administrator’s agreement and must still handle prosecution and indigent defense. A city under 5,000 people can abolish its municipal court with at least 90 days’ lead time; larger cities need an agreement and at least 180 days. Pending cases must arrive at the district clerk at least 10 days before the transfer date. Cities, counties, and the state may agree how to split fines and fees from transferred cases; if there is no agreement, all proceeds go to the state general fund.
Cities can share or join courts
Two or more cities can create one joint municipal court by agreement and file it with the state court administrator. Cities can also agree to share courtrooms, staff, and equipment without merging courts; case captions must still show each city’s court name. Any sharing or joint-court agreement can end as the contract allows, or with at least 30 days’ notice if it is silent.
Old city court laws repealed
The law removes several old municipal court statutes from the code. Repealing these sections clears the way for the new, uniform municipal court chapter and rules.
What cases city courts can hear
Municipal courts handle violations of the city ordinances they serve. They cannot hear certain serious or specialized cases. These include repeat DUI-equivalent offenses (two within 7 years or three within 15 years), DUI-equivalents if the judge is not a licensed lawyer, domestic violence offenses, and criminal offenses against juveniles. Those cases must go to higher courts or the state’s attorney as required by law.
Sponsors & Cosponsors
Sponsor
Legislative Management
Affiliation unavailable
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 4/17/2025
Second reading, passed, yeas 92 nays 0
Yes: 92 • No: 0
Senate vote • 4/7/2025
Second reading, passed as amended, yeas 46 nays 1
Yes: 46 • No: 1
House vote • 1/20/2025
Second reading, passed, yeas 88 nays 0
Yes: 88 • No: 0
Actions Timeline
Filed with Secretary Of State 04/23
4/25/2025HouseSigned by Governor 04/23
4/24/2025HouseSent to Governor
4/22/2025HouseSigned by Speaker
4/22/2025HouseSigned by President
4/21/2025SenateSecond reading, passed, yeas 92 nays 0
4/17/2025HouseConcurred
4/17/2025HouseReturned to House (12)
4/8/2025HouseSecond reading, passed as amended, yeas 46 nays 1
4/7/2025SenateAmendment adopted, placed on calendar
4/7/2025SenateReported back amended, do pass, amendment placed on calendar 7 0 0
4/4/2025SenateCommittee Hearing 03:00
2/17/2025SenateIntroduced, first reading, referred Judiciary Committee
2/5/2025SenateReceived from House
1/21/2025SenateSecond reading, passed, yeas 88 nays 0
1/20/2025HouseAmendment adopted, placed on calendar
1/17/2025HouseReported back amended, do pass, amendment placed on calendar 12 0 1
1/16/2025HouseCommittee Hearing 10:05
1/9/2025HouseIntroduced, first reading, referred Political Subdivisions Committee
1/7/2025House
Bill Text
Adopted by the House Political Subdivisions Committee
Adopted by the Senate Judiciary Committee
Enrollment
FIRST ENGROSSMENT
FIRST ENGROSSMENT with Senate Amendments
INTRODUCED
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