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

Signed by Governor

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 3 benefits, 0 costs, 4 mixed.

Cities fund lawyers for low-income defendants

Cities must pay judge-approved expenses needed to defend people who cannot afford a lawyer in city ordinance cases. Coverage includes specified district court transfers, municipal court appeals, and appeals or postconviction challenges to city ordinance convictions. In proceedings about fitness to stand trial or criminal responsibility, cities must provide prosecutors and defense lawyers for indigent defendants. Cities can contract with a county, the state, or another person for those legal services.

City court records shape defendants' appeals

Beginning July 1, 2026, municipal courts become courts of record. Appeals to district court proceed using the municipal court record. District courts can uphold, reverse, or change decisions, or order further proceedings.

City courts cannot hear certain cases

Municipal courts cannot hear domestic violence cases or criminal cases against juveniles. They cannot hear city DUI cases involving two qualifying prior convictions within seven years or three within 15 years. Those repeat-offense cases must be dismissed and referred to county or state prosecutors. Municipal judges who are not licensed North Dakota lawyers cannot hear DUI cases. Noncriminal cases against juveniles are allowed only when juvenile court does not have exclusive authority.

City courts face limits on fees

Municipal courts cannot charge costs or fees unless the new municipal court chapter specifically allows them. Authorized city fees remain allowed, and the crime victim and witness program fee is required. Court administration and community service supervision fees cannot exceed state-law limits. Courts must list fines and fees separately in the judgment.

Cities can share or shift courts

Cities can establish municipal courts by ordinance or resolution, but must provide elected judges, facilities, supplies, technology, and support staff. They must also post court schedules publicly. Cities can create joint courts or share court space, equipment, supplies, and staff, filing agreements with the state court administrator. Without a termination rule, a participating city can end the agreement with at least 30 days' notice to the governing bodies. District courts can hear ordinance cases from cities under 5,000 residents without a municipal court or judge, or under authorized transfer agreements.

Cities must fund licensed court prosecutors

A licensed North Dakota prosecutor must attend every contested municipal court hearing or proceeding involving a class B misdemeanor. Cities must pay prosecutors' compensation and necessary expenses for prosecuting city ordinance violations.

City judges face qualifications and oversight

Municipal judges serve elected four-year terms, cannot hold another office in their city, and receive compensation set by the city. In cities with at least 5,000 residents, judges must be licensed North Dakota lawyers and residents unless residency is waived. Judges in smaller cities need not be lawyers or city residents. Judges and alternates must follow state Supreme Court rules; the Judicial Conduct Commission can bar noncompliant judges from presiding. Cities must reimburse necessary travel, meals, and lodging tied to required qualifications, conduct, and education.

Sponsors & Cosponsors

Sponsor

  • Legislative Management

    Affiliation unavailable

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 226 • No: 1

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

  1. Filed with Secretary Of State 04/23

    4/25/2025House
  2. Signed by Governor 04/23

    4/24/2025House
  3. Sent to Governor

    4/22/2025House
  4. Signed by Speaker

    4/22/2025House
  5. Signed by President

    4/21/2025Senate
  6. Second reading, passed, yeas 92 nays 0

    4/17/2025House
  7. Concurred

    4/17/2025House
  8. Returned to House (12)

    4/8/2025House
  9. Second reading, passed as amended, yeas 46 nays 1

    4/7/2025Senate
  10. Amendment adopted, placed on calendar

    4/7/2025Senate
  11. Reported back amended, do pass, amendment placed on calendar 7 0 0

    4/4/2025Senate
  12. Committee Hearing 03:00

    2/17/2025Senate
  13. Introduced, first reading, referred Judiciary Committee

    2/5/2025Senate
  14. Received from House

    1/21/2025Senate
  15. Second reading, passed, yeas 88 nays 0

    1/20/2025House
  16. Amendment adopted, placed on calendar

    1/17/2025House
  17. Reported back amended, do pass, amendment placed on calendar 12 0 1

    1/16/2025House
  18. Committee Hearing 10:05

    1/9/2025House
  19. Introduced, 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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