Title 44 — Offices and Officers

All certificates of acknowledgment by notaries public on all documents filed for record with a recorder in the state, notwithstanding any defects or irregularities with the notary seal, are hereby validated, ratified, approved, and confirmed. Notwithstanding section 44-08-06, all…

When any court of record is unprovided with a seal, the judge thereof may authorize the use of any temporary seal, or of any device by way of seal, until a permanent seal is provided.

Repealed by S.L. 2003, ch. 388, § 5.

The clerk of the supreme court, the clerk of each district court, sheriff, or recorder, in all cases, may require the party for whom any service is to be rendered to pay the fees in advance of service, or to give security for the costs of service, to be approved by the officer.

Repealed by S.L. 1973, ch. 364, § 1. 44-08-11. State and other political subdivisions to furnish counsel to defend law enforcement officers. The state or any political subdivision of the state must furnish legal counsel to defend any law enforcement officer in any action brought …

As used in sections 44-08-12 through 44-08-14: 1. "Authorized officer" means any official of this state or any of its departments, agencies, public bodies, or other instrumentalities or any of its political subdivisions whose signature to a lease issued by the board of university…

Any authorized officer, after filing with the secretary of state or, in the case of officers of any city, county, school district, or other political subdivision, with the clerk or business manager of such subdivision, the officer's manual signature certified to under oath, may e…

When the seal of this state or any of its departments, agencies, public bodies, or other instrumentalities or of any of its political subdivisions is required in the execution of a public security or instrument of payment, the authorized officer may cause the seal to be printed, …

Repealed by S.L. 1975, ch. 106, § 673.

As used in section 44-08-17, "law enforcement officer" means any sheriff, sheriff's deputy, police chief, policeman, fireman, and any investigator or detective employed by a political subdivision on a salaried basis to perform police duties. 44-08-17. Political subdivisions autho…

1. No public employee may engage in political activities while on duty or in uniform. Although nothing in this section prevents any such employee from becoming or continuing to be a member or officer of a political club or organization, from attendance at a political meeting, fro…

Peace officers employed by a law enforcement agency within the state have the power of a peace officer in the following circumstances: 1. To enforce state laws and rules within the jurisdiction of the law enforcement agency by which they are employed. 2. To assist during the nece…

Every applicant for a position as a law enforcement officer for any state or political subdivision agency must be asked in any written application for that position whether that applicant has ever pled or been found guilty of a felony including a felony charge that was later dism…

1. An elected official of a political subdivision, except a township officer, an individual serving as a member of a governing body of a city, park district, or as a member of a school board subject to recall under section 44-08-21.1, or an official subject to recall under sectio…

A state entity or any political subdivision of this state may not purchase a flag of the United States of America unless the flag was manufactured in the United States of America. This section does not apply to the purchase of an item that is not a flag but which portrays a liken…

Notwithstanding any other provision of law, the governing body of a political subdivision may remove from office any individual the governing body has appointed to any office, board, or commission, for misconduct, malfeasance, crime in office, or neglect of duty or for habitual d…

1. Any appointive or elective agency or office of peace officers, as defined in section 12-63-01, may establish policies and enter agreements with other agencies and offices and a state or local criminal justice agency of this state may establish policies and procedures or enter …

The governor and other state and judicial officers of the state, except municipal judges, are subject to impeachment, and may be impeached for habitual drunkenness, crimes, corrupt conduct, malfeasance, or misdemeanor in office. The articles of impeachment may contain charges and…

The sole power of impeachment is vested in the house of representatives. A concurrence of a majority of all members is necessary to the exercise thereof. All impeachments must be tried by the senate sitting for that purpose, and the senators must be upon oath or affirmation to do…

Every impeachment must be originated by resolution adopted by the house of representatives and the prosecution thereof conducted by at least five managers selected therefor by the house. Such managers or a committee of the house must prepare the articles of impeachment in accorda…

The articles of impeachment must be divided into separate charges and specifications thereunder. The charges must be numbered consecutively and separately and each must set forth in a general way the facts claimed to constitute one of the offenses named in section 44-09-01. The s…

The senate, whenever articles of impeachment are presented to it by or on behalf of the house of representatives, must assign a day for the hearing of the impeachment and inform the house thereof. The day so assigned may not be earlier in the session than that at which the comple…

The service must be made upon the accused personally, or if upon diligent inquiry the accused cannot be found within the state, the senate, upon proof of that fact, may order the notice to be served by publication or otherwise in such manner as it may deem proper. The notice as p…

If the accused does not appear, the senate, upon proof of service of the notice and articles of impeachment in any manner provided in sections 44-09-05 and 44-09-06, as the circumstances may require, of its own motion or for cause shown, may assign another day for the hearing of …

No officer may exercise the duties of that office after the officer has been impeached and before acquittal. Whenever upon the impeachment of an officer there is no one authorized by law to perform the duties of the office and the senate shall by resolution declare that the publi…

The senate and each member thereof, unless excused for cause, shall meet at the senate chamber on the day assigned to hear the impeachment and organize as a court for the trial of the same. Such organization must be held and deemed to be perfected when the presiding officer of th…

If the accused appears and is unable to procure the assistance of counsel, the president of the senate, or other person presiding, shall appoint some suitable person to assist the accused in the accused's defense. If the accused is served by publication and fails to appear, the p…

If the defendant appears, the defendant may object in writing to the sufficiency of the articles of impeachment or may answer the same in writing or by oral plea. Such plea must be entered upon the journal. A plea of not guilty puts in issue every material allegation of the artic…

If the accused makes objections to the sufficiency of the articles of impeachment and such objections are sustained by a majority of the members of the senate, the decision must be entered on the journal and no further proceedings may be had upon the articles. If such objections …

If the accused, upon the overruling of the objections as provided in section 44-09-12, pleads guilty to any or all of the charges or specifications, the senate must render judgment of conviction against the accused. If the accused pleads not guilty or refuses to plead, the senate…

The secretary of the senate in all cases of impeachment shall keep a full and correct record of all proceedings. Said record shall be a public record. The secretary of the senate also shall have power to administer all requisite oaths and affirmations.

The senate sitting as a court of impeachment has power, from time to time, to appoint such subordinate officers, clerks, and reporters as may be necessary for the convenient transaction and dispatch of business, and at any time may remove such officers or any of them.

The managers selected by the house of representatives and the person impeached and that person's counsel, severally, are entitled to process for compelling the attendance of persons and witnesses or the production of papers or records required for the trial of the impeachment.

The senate sitting as a court of impeachment has full power and authority to establish such rules and regulations for the trial of the accused as may be necessary, has power to adjourn from time to time, dissolve when its work is concluded, and compel obedience to its process and…

In any impeachment trial conducted before the senate of the state of North Dakota, the testimony of any witness not a resident of the state of North Dakota and not amenable to subpoena within the state of North Dakota at the time of such trial may be taken by deposition upon the …

The senate, while sitting as a court of impeachment, has all the powers and privileges conferred upon it by the constitution as a house of the legislative assembly or the laws passed in pursuance thereof, but imprisonment may not extend beyond the dissolution of the court of impe…

The vote upon the charges and specifications must be taken by yeas and nays, beginning with the first specification under the first charge and continuing until all the specifications under the first charge have been disposed of. A vote must be taken in the same way upon each spec…

If the accused is convicted, the senate, at such time as it may appoint, must pronounce judgment in the form of a resolution entered upon the journal of the senate.

On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the senate.

The judgment may be that the defendant be removed from office or that the defendant be removed from office and disqualified to hold any office of trust or profit in the state.

If a judgment of conviction is given, the defendant is disqualified from exercising any of the functions of the office and from receiving the salary, fees, or emoluments thereof, and the office must be filled for the remainder of the term as upon a vacancy.

If the lieutenant governor is impeached, notice of the impeachment must be given immediately to the senate by the house of representatives in order that another president may be chosen.

If the offense for which the defendant is impeached or convicted is also the subject of an information or indictment, the information or indictment is not barred thereby.

The presiding officer, except the chief justice when presiding, and members of the senate, while sitting as a court of impeachment, and members of the house of representatives, are entitled to receive compensation and expense reimbursement as provided in section 54-03-20 and mile…

The same fees must be allowed to witnesses, officers, and other persons serving process or orders as are allowed for like services in criminal actions, but no fees can be demanded in advance. Such fees must be certified and paid as provided in section 44-09-26 for the payment of …

In addition to the proceedings mentioned in chapter 32-13 and chapters 44-02, 44-08, and 44-11, and apart and distinct from any other criminal action or proceedings, the provisions of this chapter are adopted to obtain a judgment of removal from office.

An accusation in writing against any district, county, township, city, or municipal officer, school board member, or any state officer not liable to impeachment, except a representative in Congress and a member of the legislative assembly, for misconduct, malfeasance, crime, or m…

The accusation must state the offense charged in ordinary and concise language without repetition and in such manner as to enable a person of common understanding to know what is intended.

After receiving the accusation, the judge to whom it is delivered forthwith shall cause it to be transmitted to the state's attorney of the county except when the state's attorney is the officer accused. The state's attorney shall cause a copy thereof to be served upon the defend…

The defendant must appear at the time appointed in the notice and answer the accusation, unless for sufficient cause, the court assigns another day for that purpose. If the defendant does not appear, the court may proceed to hear and determine the accusation in the defendant's ab…