There is a newer version of the North Dakota Century Code
2009 North Dakota Code
27 Judicial Branch of Government
27-01 General Provisions
Download pdfdistrict courts to the legislative assembly. An informational copy of the budget must be delivered
to the director of the budget pursuant to section 54-44.1-13. The budget for the district courts
must include all salary and expenses for the district courts, including the juvenile courts, and their
employees. Each county shall provide the district court in that county with adequate chamber,
court, and law library quarters, and lights and fuel and appropriate facilities for clerk of court
services that are state-funded pursuant to section 27-05.2-02. Any equipment, furnishings, and
law libraries in the control and custody of the district court on January 1, 1980, and any such
property acquired from that date until July 1, 1981, must continue to be in the district court's
custody and control until the state court administrator determines such items are no longer
needed by the court. 27-01-02. Sittings of courts public - When public may be excluded. The sittings of every court of this state must be public, and every citizen may freely attend the same, except that
on the trial of cases of a scandalous or obscene nature the presiding judge or justice may
exclude therefrom all persons not necessarily present as parties or witnesses. 27-01-03. Courts not open on Sundays and holidays - Jurisdiction of magistrates on such days. Superseded by N.D.R.Crim.P., Rule 56. 27-01-04. Authority of judges of the district and county courts in bankruptcy proceedings. Repealed by S.L. 1991, ch. 326, § 203. 27-01-05. Expenses on change of venue. Repealed by S.L. 1991, ch. 326, § 203. 27-01-06. Payment of expenses on change of venue. Repealed by S.L. 1995, ch. 54, § 44. 27-01-07. Civil action fees - Waiver. Any filing fees connected with any civil action to be heard in any of the courts of the judicial system as listed in section 27-01-01 may be waived
with or without a hearing, at the court's discretion, by the filing of an in forma pauperis petition
accompanied by a sworn affidavit of the petitioner relating the pertinent information regarding
indigency. 27-01-08. Service of process by mail by federal marshals. Repealed by S.L. 1981, ch. 314, § 1. Page No. 1 27-01-09. Reciprocal recognition of certain state and tribal court judgments, decrees, and orders - Conditions. The district courts shall recognize and cause to be enforced
any judgment, decree, or order of the tribal court of the Three Affiliated Tribes of the Fort
Berthold Reservation in any case involving the dissolution of marriage, the distribution of property
upon divorce, child custody, adoption, an adult abuse protection order, or an adjudication of the
delinquency, dependency, or neglect of Indian children if the tribal court had jurisdiction over the
subject matter of the judgment, decree, or order. The tribal court judgment, decree, or order
must be rendered by a judge who is a graduate of an accredited law school and holds a current
valid license to practice law in at least one state. A state court may inquire as to the facts of the
case or tribal law only to the extent necessary to determine whether the tribal court had
jurisdiction over the subject matter of the judgment, decree, or order and personal jurisdiction
over the parties to the action. Recognition and enforcement of tribal court judgments, decrees,
and orders under this section is conditioned upon recognition and enforcement of state court
judgments, decrees, and orders by the tribal court of the Three Affiliated Tribes and tribal law
enforcement agencies under the same limitations provided by this section for recognition and
enforcement of tribal court judgments, decrees, and orders by state courts. 27-01-10. Fee assessments for funding crime victim and witness programs. 1. The governing body of a county may, by resolution, authorize the district judges
serving that county to assess a fee under subsection 3 of not more than twenty-five
dollars as part of a sentence imposed on a defendant who pleads guilty to or is
convicted of a criminal offense or of violating a municipal ordinance for which the
maximum penalty that may be imposed by law for the offense or violation includes
imprisonment. 2. The governing body of a city may, by ordinance, authorize a municipal judge to
assess a fee under subsection 3 of not more than twenty-five dollars as part of a
sentence imposed on a defendant who pleads guilty to or is convicted of violating a
municipal ordinance for which the maximum penalty that may be imposed under the
ordinance for the violation includes imprisonment. 3. The governing body of the county or city may determine the amount of the fee to be
assessed in all cases or it may authorize the district or municipal judge to determine
the amount of the fee to be assessed in each case. The fee assessed under this
section is in addition to any fine, penalty, costs, or administrative fee prescribed by
law. The district or municipal judge may assess the fee when sentence is imposed
or when sentence is suspended or imposition of sentence is deferred, unless the
defendant is indigent and unable to pay the fee. All fees paid to a district or municipal court under this section must be deposited monthly in the county or city
treasury for allocation by the governing body of the county or city to one or more of
the following programs as determined by the governing body: a. A private, nonprofit domestic violence or sexual assault program. b. A victim and witness advocacy program of which the primary function is to
provide direct services to victims of and witnesses to crime. Page No. 2 Document Outline chapter 27-01 general provisions
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