Title 40 — Municipal Government

1. The governing body of a city may, by ordinance or resolution, establish a municipal court which is a part of the unified judicial system of this state. The supreme court may supervise and sanction municipal courts and municipal court judges. A staff attorney with the state cou…

1. The municipal court has jurisdiction to hear, try, and determine offenses against the ordinances of any city served by the court. 2. Notwithstanding any other provision of law, the municipal court does not have jurisdiction to hear, try, and determine: a. An offense that would…

1. If reason to doubt a defendant's fitness to proceed exists, as defined under section 12.1-04-04, the case must be: a. Transferred to the district court for evaluation; or b. Dismissed on motion by the prosecutor. 2. The district court shall order the defendant to undergo a fit…

1. A case in which the defendant's criminal responsibility at the time of the crime is in question may be transferred to the district court for evaluation upon written request by the defendant. The defendant shall initiate the request within twenty-eight days after arraignment an…

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. 40-18.1-07. Vacancy in office of municipal judge - Disqualification - Temporary absence of municip…

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 …

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…

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…

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 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…