Title 27 — Judicial Branch of Government

Repealed by S.L. 1983, ch. 576, § 4. 27-17-02. Retention of assessments from judges' salaries - Withdrawal of sums so retained. 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…

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…

Repealed by S.L. 1957, ch. 210, § 3.

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…

Repealed by S.L. 2021, ch. 245, § 45. 27-21-04. Creation of state youth authority advisory board - Members - Meetings - Powers and duties. Repealed by S.L. 1989, ch. 157, § 12.

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…

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…

The division of juvenile services shall provide treatment and rehabilitation programs and services and aid in the development of new or improved means of prevention, control, supervision, and management of children committed to its custody. 27-21-09. Cooperation with other agenci…

Repealed by S.L. 1989, ch. 157, § 12. 27-21-11. Transfer of students from the North Dakota youth correctional center to other institutions. The director of the division of juvenile services may transfer students of the North Dakota youth correctional center to the state hospital …

1. The files and records of the division of juvenile services relating to a juvenile committed to the division may not be disclosed directly or indirectly to any person, organization, or agency, except as provided in this section. 2. Notwithstanding any other provisions of law re…

In this chapter, unless the context or subject matter otherwise requires: 1. "Chair" means the chair of the commission and includes any acting chair. 2. "Commission" means the judicial conduct commission. 3. "Disciplinary counsel" means one or more attorneys appointed by the comm…

1. A judge is disqualified from acting as a judge, without loss of salary, while there is pending: a. An indictment or an information charging the judge in the United States with a crime punishable as a felony under North Dakota or federal law; or b. A recommendation submitted by…

State and local governmental bodies and departments, officers and employees thereof, and officials, officers, and employees of the courts of this state shall cooperate with and give reasonable assistance and information to the commission and any authorized representative thereof,…

In the conduct of investigations and formal proceedings, the commission, hearing panel, or disciplinary counsel may: 1. Administer oaths. 2. Order and otherwise provide for the inspection of books and records. 3. Issue subpoenas for the attendance of witnesses and the production …

In any investigation or formal proceeding under this chapter, process, wherever issued, extends to all parts of the state. A person is obliged to attend as a witness in any investigation or proceeding under this chapter and is punishable as provided in section 12.1-10-02 for fail…

In any investigation or formal proceeding under this chapter, the commission, hearing panel, or disciplinary counsel, under the North Dakota Rules of Civil Procedure, may order the deposition of a person residing within or without the state to be taken.

Each witness, other than an officer or employee of the state or a political subdivision or an officer or employee of a court of this state, shall receive for the witness's attendance the same fees and all witnesses shall receive the same mileage allowed by law to a witness in a c…

No award of costs may be made in any proceeding before the commission, a master, or the supreme court.

The commission is responsible for preparing and presenting to the legislative assembly a proposed biennial budget for the commission and is responsible and accountable for the expenditure of any funds appropriated. The supreme court administrator shall assist in the financial tra…

1. The supreme court may appoint any eligible person to serve as temporary judge in any court other than the supreme court, whenever the supreme court determines that the appointment is reasonably necessary and will promote the more efficient administration of justice. A person, …

1. A temporary judge appointed as provided in this chapter to serve in any court, other than the supreme court, in any county or judicial district may, at any time while serving under the appointment, be transferred and assigned by the supreme court to serve as temporary judge in…

1. A temporary judge appointed as provided in section 27-24-01 must receive as compensation for each day of service in the performance of duties under the appointment an amount equal to five percent of the gross monthly salary of a regularly elected or appointed judge of the cour…

In this chapter, unless the context or subject matter otherwise requires: 1. "Candidate" means any person under consideration by the committee to fill a judicial vacancy. 2. "Chairman" means the chairman of the committee and includes any acting chairman. 3. "Committee" means the …

The committee shall submit to the governor a list of not fewer than two nor more than seven nominees for appointment within sixty days after receipt of written notice from the governor that a vacancy in the office of judge exists. No list of nominees submitted to the governor by …

Within thirty days after receipt of the list of nominees, the governor shall do any of the following: 1. Fill the vacancy by appointment from the list of nominees submitted by the committee. 2. Return the list of nominees and direct the committee to reconvene. 3. Call a special e…

The committee shall: 1. Seek out qualified judicial candidates and may solicit judicial candidate nominations from any citizen. 2. Make such inquiry into the qualifications of each candidate, including legal knowledge and ability, judicial temperament, experience, and moral chara…

A person may submit a name of any qualified citizen for consideration as a candidate. Submission must be in writing on forms provided by the committee. Any candidate may withdraw from consideration by written request to the chairman of the committee.

No member of the committee may be considered as a candidate or nominee during the member's term on the committee.

Committee members must be allowed expenses for travel, board, and lodging incurred in the performance of their duties as provided in sections 44-08-04 and 54-06-09.

The supreme court shall prepare and present to the legislative assembly a proposed biennial budget for the committee.

1. The supreme court may establish a program to assist rural counties and municipalities in recruiting and retaining attorneys. 2. A county or municipality interested in participating in the program shall apply to the supreme court. After determining eligibility, the supreme cour…

A county is eligible to participate in the recruitment and retention assistance program if the county: 1. Has five or fewer licensed attorneys residing in the county; 2. Agrees to provide the county's portion of the incentive payment as required under section 27-02.2-06; and 3. I…