Title 27, Judicial Branch of Government

No practicing attorney and counselor at law may be a surety in any action or proceeding which may be instituted in any of the courts of this state.

A court, on motion of either party and on the showing of reasonable grounds therefor, may require the attorney for the adverse party, or for any one of the several adverse parties, to produce or prove by the attorney's oath or otherwise the authority under which the attorney appe…

Every attorney who: 1. Is guilty of any deceit or collusion or consents to any deceit or collusion with intent to deceive the court or any party; 2. Willfully delays the attorney's client's suit with a view to the attorney's own gain; or 3. Willfully receives any money or other p…

If any attorney knowingly permits any person, not the attorney's general law partner or a clerk in the attorney's office, to sue out any process or to prosecute or defend any action in the attorney's name, except as authorized by section 27-13-10, such attorney and every person w…

Whenever an action or proceeding is authorized by law to be prosecuted or defended in the name of the state or of any public officer, board of officers, or municipal corporation, on behalf of another party, the attorney general or state's attorney or attorney of such public offic…

Every attorney who, directly or indirectly, advises in relation to, or aids or promotes the defense of, any action or proceeding in any court, the prosecution of which is carried on, aided, or promoted by any state's attorney or other public prosecutor with whom such attorney is …

Every attorney who, having prosecuted or in any manner aided or promoted any action or proceeding in any court, as state's attorney or other public prosecutor, afterward, directly or indirectly, advises in relation to or takes any part in the defense thereof as attorney or otherw…

Sections 27-13-11 and 27-13-12 do not prohibit an attorney from defending oneself in person, as attorney or as counsel, when prosecuted either civilly or criminally.

An attorney who serves as a fiduciary of an estate, trust, or conservatorship must be represented by another attorney. The attorney who serves as fiduciary or the attorney's law firm may not serve as attorney for the fiduciary. This section does not apply to United States bankrup…

The power to revoke or suspend the certificate of admission of an attorney or counselor at law is vested in the supreme court.

The certificate of admission to the bar of this state of an attorney and counselor at law may be revoked or suspended by the supreme court if that attorney has: 1. Committed an offense determined by the supreme court to have a direct bearing upon a person's ability to serve the p…

Whenever a verified complaint is made and filed with the clerk of the supreme court charging any member of the bar of this state with conduct warranting that person's disbarment or suspension as an attorney at law and it appears to the court that those charges should be investiga…

When a complaint charging a member of the bar with misconduct is referred to the state bar board for investigation, each member of such board may: 1. Issue a subpoena commanding any witness to appear at any place within the judicial district in which the witness resides; 2. Admin…

When the state bar board has completed its investigation of a complaint filed against a member of the bar as provided in section 27-14-04, it shall make a report to the supreme court stating therein its conclusions as to the charges investigated and its recommendations as to furt…

Upon receiving the report mentioned in section 27-14-05, the supreme court may order and direct the state bar board to file accusations and begin proceedings for the disbarment, suspension, or other discipline of the accused attorney in accordance with the procedure provided in t…

Upon the initiation of a disbarment proceeding, counsel charged with the prosecution thereof shall file accusations and cause the same to be served as the court may direct. The accused may plead to the accusations within the time for answer prescribed by the court.

If a copy of the complaint against the accused has been served upon the accused and the accused has been given an opportunity to be heard, the proceeding, when issue is joined, must be referred by the supreme court for the taking of testimony and the making of findings and recomm…

The revocation and suspension of an attorney's certificate of admission to the bar constitutes a forfeiture of that individual's office as an attorney or counselor at law to practice in the courts of this state so long as such revocation or suspension is in effect.

The expenses incident to the investigation of charges against a member of the bar of this state and to a prosecution of the accused must be paid out of the state bar fund.

There is established a judicial conference consisting of: 1. All judges of the supreme court and district courts. 2. The attorney general. 3. The dean of the university of North Dakota school of law. 4. Five members of the bar who are engaged in the practice of law who must be ch…

The judges of the supreme court and district courts, the attorney general, the dean of the university of North Dakota school of law, and the surrogate judges shall hold office as members of the judicial conference during the time they occupy their respective official positions. T…

At the request of the judicial conference, the state court administrator shall serve as the executive secretary of the judicial conference. The judicial conference shall make rules for its procedure, organization, election of officers, and the conduct of its business.

The judicial conference shall meet at least twice in each year at such times and places as fixed by the conference.

The judicial conference shall: 1. Solicit, receive, and evaluate suggestions relating to the improvement of the administration of justice. 2. Consider and make recommendations to the supreme court for changes in rules, procedures, or any matter pertaining to the judicial system. …

No member of the conference is entitled to receive compensation for any services rendered in that capacity, but any necessary travel expenses, including mileage and subsistence, incurred by any member must be paid from funds appropriated for the purposes of the judicial conferenc…

1. Every judge of the supreme court or of the district court, including one who has served or shall have served in either or both capacities, shall, at the time the judge ceases to be such judge and regardless of the individual's age at that time and without further payment by th…

1. Every judge of the supreme court or of the district court is subject to a judicial retirement assessment in the amount of five percent of the judge's salary during the first twenty years of service as such judge, from and after the effective date of this section, which amount …

1. Upon retirement of a justice of the supreme court or a judge of the district court, the chief justice of the supreme court may appoint the retired justice or judge to serve as a surrogate judge of the supreme court to aid and assist the court in the performance of judicial dut…

All moneys in the judges retirement fund in the general fund are hereby transferred to a special fund within the state treasury to be known as the judicial retirement fund. Any money collected pursuant to this chapter must be deposited with the state treasurer, who shall credit t…

1. From and after July 1, 1973, each judge of the supreme or district court serving on that date and each former judge of the supreme or district court, not receiving judicial retirement salary, may elect to withdraw the judge's previous contributions made pursuant to this chapte…

In accordance with the provisions of Public Law 83-280 and section 1 of article XIII of the Constitution of North Dakota, jurisdiction of the state of North Dakota shall be extended over all civil claims for relief which arise on an Indian reservation upon acceptance by Indian ci…

Acceptance of jurisdiction may be by either of the following methods: 1. Upon petition of a majority of the enrolled residents of a reservation who are eighteen years of age or older; or 2. The affirmative vote of the majority of the enrolled residents voting on the question who …

Upon acceptance of civil jurisdiction by either method provided in section 27-19-02, the executive director of the Indian affairs commission shall certify such acceptance to the governor. Upon such certification, the governor shall, within ten days, issue a proclamation proclaimi…

This chapter affects only those claims for relief which arise after the effective date of state jurisdiction as provided in section 27-19-03.

An individual Indian may accept state jurisdiction as to that individual and that individual's property by executing a statement consenting to and declaring that individual and that individual's property to be subject to state civil jurisdiction as herein provided. Such jurisdict…

A guardian appointed by the tribal court or court of Indian offenses may consent to state civil jurisdiction for the guardian's ward provided the guardian is authorized to do so by the tribal court or court of Indian offenses.

In addition to other authority conferred by this chapter, the courts of this state have the power to hold persons in contempt of court in order to maintain the dignity of the courts and enforce their orders.

Nothing in this section authorizes the alienation, encumbrance, or taxation of any real or personal property belonging to any Indian or Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the Uni…

Any tribal ordinance or custom heretofore or hereafter adopted by any Indian tribe, band, or community, in the exercise of any authority which it may possess must, if not inconsistent with the applicable civil law of this state, be given full force and effect in the determination…

The provisions of this chapter may not be construed as requiring the extension of any health, welfare, educational, or other governmental service to Indian reservations or Indian country, not otherwise required by the laws or constitution of this state.

Civil jurisdiction as herein provided over an Indian reservation may be terminated by petition of three-fourths of the enrolled residents of a reservation who are eighteen years of age or older. Such petition must be filed with the North Dakota Indian affairs commission.

Upon the filing of a petition for withdrawal from the civil jurisdiction of the state, the executive director of the North Dakota Indian affairs commission after substantiating that the provisions of section 27-19-11 have been complied with shall certify such withdrawal to the go…

An individual who has accepted state civil jurisdiction under the provisions of section 27-19-05 may withdraw upon filing with the county auditor a statement declaring that individual's withdrawal. Withdrawal does not affect claims for relief which arose prior to the withdrawal o…

As used in this chapter: 1. "Placement hearing" means a review of the placement of a child by a team of at least three individuals, selected by the division director, who have not had a direct involvement with the child. The child, or the child's representative, must be given the…

A division of juvenile services is hereby created and established with the powers and duties prescribed by this chapter. The division of juvenile services must be created within the department of corrections and rehabilitation, and its chief administrative officer must be appoint…

The division of juvenile services is the administrative agency which shall take custody of delinquent and unruly children committed to its care by the juvenile courts. Upon committing a child to the custody of the division of juvenile services, the juvenile court, law enforcement…

The division of juvenile services shall retain custody of the child as granted by the authority of the committing court and the Uniform Juvenile Court Act. The court in an order committing the child to the division may require court approval before a placement may be made to a mo…

Within ten days after the completion of diagnostic testing and evaluation of a child, the division shall develop and recommend an individualized treatment and rehabilitation plan to the committing juvenile court unless the recommendation is temporary care pursuant to section 27-2…

1. The division of juvenile services may contract and make placements with the appropriate agencies or departments of other states in order that they may receive care of committed children for career and technical education, training, or other treatment and rehabilitation purpose…

Any person, agency, department, or career and technical education, training, or other treatment and rehabilitation institution, either within or outside of this state, that has received care of a child under this chapter, other than temporary care, shall: 1. Submit to the directo…