Title 40, Municipal Government

1. A municipal judge must be elected to serve a term of four years and may not hold any other office in the city in which the municipal judge serves as a judge. The city auditor shall notify the state court administrator of the election or appointment of a municipal judge or alte…

A party to a proceeding pending in a municipal court may obtain a change of judge under section 29-15-21. The municipal judge must be replaced in accordance with section 40-18.1-07.

1. If a vacancy exists in the office of municipal judge by death, resignation, or otherwise, the governing body of the city shall appoint an individual to fill the vacancy. 2. The governing body may appoint alternate municipal judges to serve when a municipal judge is unable to s…

1. The governing body of a city with a municipal court may provide for the office of clerk of the municipal court, which may include deputy clerks of municipal court. The governing body of the city shall appoint the clerk and deputy clerk, with the consent of the municipal judge.…

1. A prosecutor licensed to practice law in this state must be present for all contested hearings and proceedings involving a class B misdemeanor in a municipal court. 2. The city shall pay the compensation of the prosecutor and any necessary expenses incurred in prosecuting a vi…

1. A municipal judge shall consider the following factors when determining whether to change the venue of a proceeding under this chapter: a. Convenience to the parties and witnesses. b. Judicial efficiency. c. Available facilities. d. Administration of justice. 2. A municipal ju…

1. A municipal court: a. May not assess costs or fees against any individual except as specifically provided in this chapter. b. May assess a fee under subsection 2 of section 40-05-06. c. May assess a court administration fee and a community service supervision fee in an amount …

An action brought to recover a fine, enforce a penalty, or punish a violation of a city ordinance must be brought in the corporate name of the city as plaintiff. A prosecution, recovery, or acquittal for the violation of a city ordinance may not constitute a defense to any other …

An action for a violation of an ordinance is initiated by a uniform complaint under section 29-05-31 or a complaint in compliance with the North Dakota Rules of Criminal Procedure. If there is probable cause to believe a criminal offense has been committed by the individual charg…

Any individual upon whom any fine or costs, or both, has been imposed for violation of a municipal ordinance may, after hearing, be committed upon order of the court to jail or other place provided by the municipality for the incarceration of offenders until the fine or costs, or…

All fines, fees, penalties, and forfeitures collected for a violation of a city ordinance, including those collected as a result of a judgment of a district court rendered under section 40-18.1-18, must be paid into the city's general fund.

If an individual is convicted under an ordinance equivalent to an offense under section 39-08-01, the court shall sentence the defendant in accordance with that section.

Subject to section 40-05-06, a municipal judge may use the sentencing alternatives provided under section 12.1-32-02 and may suspend any sentence the judge imposes or defer the imposition of any sentence due to the good behavior of an individual adjudged to have committed an offe…

1. A defendant may request in writing to transfer the case to district court and to exercise the defendant's right to a jury trial within twenty-eight days after arraignment. If the request is filed within twenty-eight days after the arraignment, the judge shall grant the request…

1. For a case filed before July 1, 2026, an appeal may be taken to the district court from a judgment of conviction or order deferring imposition of sentence in a municipal court in accordance with the North Dakota Rules of Criminal Procedure. 2. An appeal is perfected by notice …

1. For a case filed on or after July 1, 2026, an appeal may be taken to the district court from a judgment of conviction or order deferring imposition of sentence in a municipal court in accordance with the North Dakota Rules of Criminal Procedure. 2. An appeal from a municipal c…

A municipal judge may enforce compliance with the court's orders and judgments. The judge may fine or imprison for contempt committed in the judge's presence while holding court, as well as for contempt of process issued, and of orders and judgments made by the judge. If an act o…

1. If the judgment imposes a fine or assesses a fee, the municipal judge may order a certified copy of the judgment be filed in the office of the clerk of the district court of any county in the state. The clerk of district court shall treat the municipal court judgment in the sa…

With the agreement of the state court administrator, the governing body of a city may, by ordinance, transfer some or all of the cases of the municipal court to the district court serving the county in which the city is located without abolishing the municipal court. Cases transf…

1. The governing body of a city with a population of fewer than five thousand having a municipal court may by resolution abolish its municipal court. The jurisdiction of a municipal court abolished by resolution must be transferred to the district court of the district in which t…

1. The governing body of a city with a population of five thousand or more having a municipal court may by resolution abolish its municipal court if the city has entered an agreement with: a. The governing body of the county in which the municipal court is located; b. The presidi…

1. The supreme court shall adopt rules governing: a. Municipal court procedure; b. Qualifications, judicial conduct, and education of municipal judges; c. Qualification and education of municipal clerks; d. Requirements of municipal court facilities; and e. Records to be maintain…