2014 North Dakota Century Code Title 54 State Government Chapter 54-12 Attorney General
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CHAPTER 54-12
ATTORNEY GENERAL
54-12-01. Attorney general - Duties.
The attorney general shall:
1. Appear for and represent the state before the supreme court in all cases in which the
state is interested as a party.
2. Institute and prosecute all actions and proceedings in favor or for the use of the state
which may be necessary in the execution of the duties of any state officer.
3. Appear and defend all actions and proceedings against any state officer in the attorney
general's official capacity in any of the courts of this state or of the United States. If
both parties to an action are state officers, the attorney general may determine which
officer the attorney general will represent and the other officer may employ counsel to
represent that other officer.
4. Consult with and advise the several state's attorneys in matters relating to the duties of
their office.
5. Attend the trial of any party accused of crime and assist in the prosecution when in the
attorney general's judgment the interests of the state require it.
6. Consult with and advise the governor and all other state officers and when requested
give written opinions on all legal or constitutional questions relating to the duties of
such officers respectively.
7. Prepare, when necessary, proper drafts for contracts and other writings relating to
subjects in which the state is interested.
8. Give written opinions, when requested by either branch of the legislative assembly,
upon legal questions.
9. Enforce the proper application of funds appropriated to the public institutions of the
state and prosecute breaches of trust in the administration of such funds.
10. Prosecute corporations and limited liability companies, when necessary, for failure or
refusal to make the reports required by law.
11. Keep in proper books a register of all cases prosecuted or defended by the attorney
general or the attorney general's assistants, in behalf of this state or its officers, and of
all proceedings had in relation thereto, including a record of all actions wherein the
state is a party, or is interested, prosecuted by the state's attorneys of the several
counties and reported to the attorney general as provided by law, and deliver the same
to the attorney general's successor in office.
12. Keep in the attorney general's office a book in which the attorney general shall record
all the official opinions given by the attorney general during the attorney general's term
of office, such book to be delivered by the attorney general to the attorney general's
successor in office.
13. Pay into the state treasury all moneys received by the attorney general for the use of
the state.
14. Serve as superintendent of the bureau of criminal investigation and perform all duties
incident to the proper and efficient conduct of that office.
15. Attend to and perform any other duties which from time to time may be required by
law.
16. Appoint the state fire marshal and supervise the operation of the state fire marshal
department.
17. Give written opinions, when requested by the governing body or city attorney of a city
in the state of North Dakota.
18. Repealed by S.L. 1991, ch. 637, § 9.
19. Give written opinions to public entities as defined in subdivision a or b of subsection 13
of section 44-04-17.1, when requested by an interested person under section
44-04-21.1.
Page No. 1
54-12-01.1. Attorney general to prepare eminent domain pamphlets - Copy to
landowner.
The attorney general, with the cooperation of appropriate state agencies, shall prepare
pamphlets in readable format describing the eminent domain laws of this state. The pamphlets
must include the reasons for condemnation, the procedures followed by condemnors as defined
by section 32-15-01, how citizens may influence the condemnation process, and the rights of
property owners and citizens affected by condemnation. The attorney general shall make copies
of the pamphlets available to all condemnors who must be charged a price for the pamphlets
sufficient to recover the costs of production. A condemnor shall present a copy of the pamphlet
to a property owner prior to making an offer to purchase and initiating a condemnation action.
54-12-01.2. Regulation of gaming schools.
Repealed by S.L. 2011, ch. 397, § 1.
54-12-01.3. Judicial officers - Legal defense - Indemnification.
The attorney general shall appear and defend any supreme court justice, supreme court
surrogate justice, district court judge, district court surrogate judge, judicial referee, or director of
juvenile court of this state in any action founded upon an act or omission arising out of
performance of an official duty. If the attorney general determines that the attorney general or an
assistant attorney general is unable to defend the judicial officer, the attorney general shall
employ a special assistant attorney general to represent the judicial officer. The state shall
indemnify the supreme court justice, supreme court surrogate justice, district court judge, district
court surrogate judge, judicial referee, or director of juvenile court of this state for all reasonable
costs, including attorney's fees, incurred by or awarded against the judicial officer in the action.
54-12-01.4. Limitation of effect of certain opinions of attorney general.
Any opinion of the attorney general, or any other public official other than a court of
competent jurisdiction, that sections 16.1-01-13, 16.1-01-13.1, and 16.1-01-14 are
unconstitutional, is not binding on any other public official, and all other public officials are free
to act in accordance with the wishes of the people of North Dakota as expressed in sections
16.1-01-13, 16.1-01-13.1, and 16.1-01-14.
54-12-02. Attorney general may institute action in which state is a party.
The attorney general and the attorney general's assistants are authorized to institute and
prosecute all cases in which the state is a party, whenever in their judgment it would be for the
best interests of the state so to do.
54-12-03. Attorney general may make investigation in county - How expenses paid.
The attorney general may make an investigation in any county in this state to the end that
the laws of the state shall be enforced therein and all violators thereof brought to trial, when:
1. The attorney general deems it necessary for the successful enforcement of the laws of
the state in such county;
2. Requested by a majority of the members of the board of county commissioners of the
county; or
3. Petitioned by twenty-five taxpaying citizens of the county.
The necessary expenses incurred in making the investigation or in prosecuting any resulting
case, as determined by the attorney general and not otherwise specifically provided by law,
must be paid by the county out of the state's attorney's contingent fund. All such expenses paid
from the state's attorney's contingent fund must be paid by the county treasurer upon the
warrant of the county auditor. The warrant must be executed and delivered by the auditor in an
amount and to the person designated therein upon the written order of the attorney general.
Page No. 2
54-12-04. Attorney general to investigate and prosecute criminal matters in counties
on demand of district judge - How expenses paid.
Upon the written demand of a judge of the district court, with or without the consent and
approval of the state's attorney of the county wherein such duties are to be performed, the
attorney general, either personally or through the attorney general's assistants, shall be required
to make a full and complete investigation of any criminal matter or complaint referred to in the
demand. The attorney general shall take full charge of and shall conduct any criminal
prosecution in any county within the district of said district judge to the same effect and with like
power and authority as the duly elected state's attorney of that county. All expenses, including
mileage as now provided by law for state officers, and disbursements for subsistence while
performing those duties incurred by the attorney general, must be paid and allowed by the
county in which the said duties were performed in the manner in which claims against the
county are allowed and paid, after an itemized statement thereof has been approved by the
judge who requested that the same be performed.
54-12-04.1. Attorney general to make investigation on Indian reservation - Expenses.
The attorney general may make a full and complete investigation of any complaint alleging
the deprivation of any constitutional, civil, or legal right of an individual residing on an Indian
reservation upon the written request of the state's attorney of the county of residence of the
aggrieved individual. The attorney general may conduct and take full charge of any criminal
prosecution that results from the investigation. The necessary expenses incurred in making the
investigation or in prosecuting any resulting case, as determined by the attorney general, must
be allowed and paid by the county in which the investigation was requested in the same manner
in which claims against the county are allowed and paid.
54-12-04.2. Child sexual abuse investigation and prosecution.
The child sexual abuse investigation and prosecution team consists of an assistant attorney
general and an agent of the state bureau of criminal investigation. On request of any state's
attorney, the team shall assist, within the limits of legislative appropriation and available staff
resources, with the investigation and prosecution of child sexual abuse cases.
54-12-05. Biennial report.
1. The attorney general shall submit a biennial report to the governor and the secretary of
state in accordance with section 54-06-04. The report must provide:
a. A summary of the types of actions prosecuted or defended by the attorney
general on behalf of the state.
b. The aggregate cost of prosecuting or defending actions on behalf of the state.
c. The amount of fines and penalties collected.
2. The attorney general also shall direct attention to any defect in the practical operations
of the law relating to revenue and criminal offenses and shall suggest amendments
and changes as in the attorney general's judgment are necessary to subserve the
public interest.
54-12-06. Assistant attorneys general - Attorney general may appoint.
The attorney general may appoint assistant attorneys general whose appointment must be
in writing and filed in the office of the secretary of state.
54-12-07. Salary of assistant attorneys general.
The salary of the assistant attorneys general must be within the amount appropriated for
salaries by the legislative assembly and are payable in the same manner as other departmental
payrolls.
Page No. 3
54-12-08. Assistant and special assistant attorneys general - Appointment Revocation - Compensation.
After consultation with the head of the state department or institution or with the state board,
commission, committee, or agency affected, the attorney general may appoint assistant or
special assistant attorneys general to represent the state board, commission, committee, or
agency. A state officer, head of any state department, whether elected or appointed, or state
department, board, commission, committee, or agency may not employ legal counsel, and no
person may act as legal counsel in any matter, action, or proceeding in which the state or any
state department, board, commission, committee, or agency is interested or is a party, except
upon written appointment by the attorney general. Workforce safety and insurance, the
department of transportation, the state tax commissioner, the public service commission, the
insurance commissioner, the board of higher education, and the securities commissioner may
employ attorneys to represent them. These entities shall pay the salaries and expenses of the
attorneys they employ within the limits of legislative appropriations. The attorneys that represent
these entities must be special assistant attorneys general appointed by the attorney general
pursuant to this section. Absent good cause, the attorney general shall appoint as special
assistant attorneys general licensed attorneys selected by these entities. The attorney general
may revoke the appointment only for good cause or upon the request of the entity. Good cause
means an inadequate level of experience, competence, or ethical standards. The powers
conferred upon special assistant attorneys general are the same as are exercised by the regular
assistant attorneys general, unless the powers are limited specifically by the terms of the
appointment. Except as otherwise provided by this section, an appointment is revocable at the
pleasure of the attorney general. The appointment may be made with or without compensation,
and when compensation is allowed by the attorney general for services performed, the
compensation must be paid out of the funds appropriated therefor. The attorney general may
require payment for legal services rendered by any assistant or special assistant attorney
general to any state official, board, department, agency, or commission and those entities shall
make the required payment to the attorney general. Moneys received by the attorney general in
payment for legal services rendered must be deposited into the attorney general's operating
fund. General fund moneys may not be utilized for the payment of legal services provided by the
attorneys employed by the attorney general, except for those payments required of the
department of human services, state department of health, and the state hospital.
54-12-08.1. Contingent fee arrangements.
The attorney general may not appoint or allow to be employed a special assistant attorney
general in a civil case in which the amount in controversy exceeds one hundred fifty thousand
dollars and the special assistant attorney general is compensated by a contingent fee
arrangement, unless the contingent fee arrangement is approved by the emergency
commission. A state governmental entity may not contract for legal services that are
compensated by a contingent fee arrangement, unless the entity receives an appointment from
the attorney general for a special assistant attorney general for each case in which there is a
contingent fee arrangement. Any proceeding or information used by the emergency commission
under this section is not subject to sections 44-04-18 and 44-04-19, unless made public by
order of the emergency commission.
54-12-09. Assistant attorney general for board of university and school lands Appointment - Revocation - Oath.
The attorney general shall appoint an assistant attorney general to act under the direction
and supervision of the attorney general as attorney for the board of university and school lands.
The appointment is revocable at the pleasure of the attorney general. Such assistant attorney
general upon appointment and before assuming the person's duties shall take the oath
prescribed for civil officers.
Page No. 4
54-12-09.1. Salary of assistant attorney general for board of university and school
lands.
Repealed by S.L. 1953, ch. 306, § 1.
54-12-10. Assistant attorney general for board of university and school lands Execution of certificates and documents.
All certificates and documents executed, signed, or certified to by the assistant attorney
general appointed to act as attorney for the board of university and school lands, must be
executed, signed, or certified to in substantially the following form:
______________________________
Attorney General
By____________________________
Assistant Attorney General
54-12-11. Salary of attorney general.
The annual salary of the attorney general is one hundred forty-three thousand six hundred
eighty-five dollars through June 30, 2014, and one hundred forty-seven thousand nine hundred
ninety-six dollars thereafter.
54-12-12. Licensing department - Inspectors - Powers and duties.
Repealed by S.L. 1967, ch. 116, § 2.
54-12-13. Special assistant attorneys general report of salaries and expenses.
All departments that pay salaries or expenses of special assistant attorneys general shall
report all such expenditures monthly to the attorney general upon such forms as must be
prescribed by the attorney general. And all such salaries and expenses must be approved by
the attorney general.
54-12-14. Assets forfeiture fund - Created - Purpose - Continuing appropriation.
The attorney general assets forfeiture fund consists of funds appropriated by the legislative
assembly and additional funds obtained from moneys, assets, and proceeds seized and
forfeited pursuant to section 19-03.1-36, amounts received through court proceedings as
restitution, amounts remaining from the forfeiture of property after the payment of expenses for
forfeiture and sale authorized by law, and amounts received from a multijurisdictional drug task
force as defined in section 54-12-26. The amount of deposits into the fund which do not come
from legislative appropriation or from a multijurisdictional drug task force and are not payable to
another governmental entity may not exceed two hundred thousand dollars within a biennium
and any moneys in excess of that amount must be deposited in the general fund. The funds are
appropriated, as a standing and continuing appropriation, to the attorney general for the
following purposes:
1. For obtaining evidence for enforcement of any state criminal law or law relating to the
control of drug abuse.
2. For repayment of rewards to qualified local programs approved under section
12.1-32-02.2, if the information that was reported to the qualified local program
substantially contributed to forfeiture of the asset, and for paying, at the discretion of
the attorney general, rewards for other information or assistance leading to a forfeiture
under section 19-03.1-36.
3. For paying, at the discretion of the attorney general, any expenses necessary to seize,
detain, inventory, safeguard, maintain, advertise, or sell property seized, detained, or
forfeited pursuant to section 19-03.1-36, or of any other necessary expenses incident
to the seizure, detention, or forfeiture of such property.
4. For equipping, for law enforcement functions, forfeited vessels, vehicles, and aircraft
retained as provided by law for official use by the state board of pharmacy or a law
enforcement agency.
Page No. 5
5.
For paying, at the discretion of the attorney general, overtime compensation to agents
of the bureau of criminal investigation incurred as a result of investigations of violations
of any state criminal law or law relating to the control of drug abuse.
6. For paying matching funds required to be paid as a condition for receipt of funds from
a federal government program awarding monetary grants or assistance for the
investigation, apprehension, or prosecution of persons violating the provisions of
chapter 19-03.1.
The attorney general shall, with the concurrence of the director of the office of management and
budget, establish the necessary accounting procedures for the use of the fund, and shall
personally approve, in writing, all requests from the director of the bureau of criminal
investigation or the director of the drug enforcement unit for the use of the fund.
54-12-14.1. Loans for law enforcement activities.
The attorney general may obtain unsecured loans from any financial institution in this state
for the purpose of conducting the activities listed in subsection 1 of section 54-12-14. Any funds
obtained under this section must be repaid at the end of each biennium and are not subject to
appropriation limitations.
54-12-15. Drug enforcement unit - Personnel - Duties.
Repealed by S.L. 2009, ch. 125, § 4.
54-12-16. Powers of drug enforcement unit personnel.
Repealed by S.L. 2009, ch. 125, § 4.
54-12-17. Consumer protection and antitrust division.
A consumer protection and antitrust division is created under the attorney general. This
division consists of a director and such other personnel as may be appointed by the attorney
general. The division shall act to enforce the consumer fraud laws and act with regard to the use
or employment by any person of any deceptive act or practice, fraud, false pretense, false
promise, or misrepresentation with the intent that others rely thereon in connection with the sale
or advertisement of any merchandise, whether or not any person has in fact been misled,
deceived, or damaged thereby, and shall make full investigation of such activities and maintain
adequate facilities for filing reports, examining persons and merchandise in regard thereto, and
storing impounded books, records, accounts, papers, and samples of merchandise relating to
same. The division shall cooperate with other governmental agencies, national, state, or local,
and with all peace officers of the state in regard thereto. The division also shall investigate
antitrust violations and enforce antitrust laws.
54-12-18. Special fund established - Continuing appropriation.
A special fund is established in the state treasury and designated as the attorney general
refund fund. The attorney general shall deposit all moneys recovered by the consumer
protection division for refunds to consumers in cases where persons or parties are found to
have violated the consumer fraud laws, all costs, expenses, attorney's fees, and civil penalties
collected by the division regarding any consumer protection or antitrust matter, all cash deposit
bonds paid by applicants for a transient merchant's license who do not provide a surety bond,
and all funds and fees collected by the gaming section for licensing tribal gaming and for the
investigation of gaming employees, applicants, organizations, manufacturers, distributors, or
tribes involved in state or tribal gaming. The moneys in the fund are appropriated, as necessary,
for the following purposes:
1. To provide refunds of moneys recovered by the consumer protection and antitrust
division on behalf of specifically named consumers;
2. To pay valid claims against cash deposit bonds posted by transient merchant
licensees;
Page No. 6
3.
To refund, upon expiration of the two-year period after the expiration of the transient
merchant's license, the balance of any cash deposit bond remaining after the payment
of valid claims;
4. To pay costs, expenses, and attorney's fees and salaries incurred in the operation of
the consumer protection division; and
5. To pay the actual costs of background investigations, licensing, and enforcement of
gaming in the state or pursuant to Indian gaming compacts.
At the end of each biennium any moneys in the fund in excess of the amounts required for
subsections 1, 2, 3, and 5 must be deposited in the general fund. The attorney general, with the
concurrence of the director of the office of management and budget, shall establish the
necessary accounting procedures for use of the attorney general refund fund, particularly with
respect to expenditures under subsection 4.
54-12-19. Block house defined.
Repealed by S.L. 2007, ch. 75, § 4.
54-12-20. Block house program.
Repealed by S.L. 2007, ch. 75, § 4.
54-12-21. Recovery of funds - Limitations.
All funds recovered by the attorney general as a result of negotiated settlements or court
proceedings must be deposited in a special fund in the state treasury and may be appropriated
only by the legislative assembly, except when:
1. A specific fund or special account is otherwise designated by law; or
2. The options open to the attorney general leave no choice as to the disposition of the
proceeds if the state is to recover funds in a multistate settlement.
54-12-22. Accessibility of sexual offender and crimes against children registration
information.
The attorney general shall provide to a law enforcement dispatch center access to
registration information on individuals required to register under section 12.1-32-15 through any
feasible electronic means that includes direct access to a computerized registration information
database. The attorney general shall provide the information in a form that is referenced by
driver's license number or number plate characters. The department of transportation shall
provide the necessary information to the attorney general in any feasible form requested by the
attorney general. The attorney general may require the cooperation of the state radio
broadcasting system to provide the access required by this section.
54-12-23. Special operations team reimbursement fund - Continuing appropriation.
The attorney general may establish a special operations team reimbursement fund of up to
two hundred fifty thousand dollars consisting of federal funds and moneys obtained from cities
and counties. The funds are appropriated as a standing and continuing appropriation to the
attorney general for reimbursement to city and county governments that provide special
operations team services to rural areas. The attorney general shall develop guidelines for the
reimbursement of expenses to city and county governments providing special operations team
services.
54-12-24. State crime laboratory division.
1. A state crime laboratory is created as a division of the office of the attorney general.
This division consists of a director, the state toxicologist, and such other personnel as
may be appointed by the attorney general. The state crime laboratory may establish
and charge fees for services rendered. The state crime laboratory must be
administratively separated from the bureau of criminal investigation. The director
serves at the pleasure of the attorney general and is entitled to receive a salary set by
the attorney general within the limits of legislative appropriation.
Page No. 7
2.
3.
The state crime laboratory shall employ the services of a qualified toxicologist who
must be the state toxicologist. The attorney general shall appoint the state toxicologist.
The attorney general may appoint such qualified deputy state toxicologists as may be
necessary to exercise the authority and responsibility prescribed by law for the state
toxicologist. The results of toxicological or chemical testing or analysis, other than
provided for in section 39-20-13, made by the state toxicologist at the request of law
enforcement agencies for criminal investigation may not be disclosed directly or
indirectly by the state toxicologist or any agent or employee of the attorney general to
anyone other than the person or agency requesting the test or analysis or to any other
person upon whom the toxicological or chemical test was performed or the person's
authorized representative, except the state toxicologist may permit the inspection of
the reports of any such test or analysis results by any other person having a proper
interest therein as determined by the director of the state crime laboratory.
Upon the request of the state forensic examiner, any state's attorney, sheriff, chief of
police, coroner, or other local, state, or federal law enforcement official, the attorney
general may make available to the requesting official the state crime laboratory's
facilities and personnel to assist in the investigation or detection of crimes and the
apprehension or prosecution of criminals.
54-12-25. Attorney general may provide counsel to boards of health.
The attorney general, upon the request of a board of health established under chapter
23-35, may provide legal counsel or a written legal opinion to the board of health. The attorney
general may enter an agreement with a board of health for reimbursement of expenses incurred
by the attorney general in providing legal counsel to the board of health.
54-12-26. Attorney general multijurisdictional drug task force grant fund - Continuing
appropriation.
1. The attorney general may establish a multijurisdictional drug task force grant fund. The
fund consists of funds appropriated by the legislative assembly. The funds are
appropriated as a standing and continuing appropriation to the attorney general for the
purpose of defraying the expenses and operating costs incurred by a multijurisdictional
drug task force. The attorney general shall develop guidelines for the qualifications for
receipt of grant funds, the disbursement of grant funds, and the necessary accounting
procedures for the use of grant funds. In this section, "multijurisdictional drug task
force" means a law enforcement task force:
a. Organized and created in this state by a written mutual aid or joint powers
agreement;
b. Comprised of persons who are employed by, or acting under the authority of,
different governmental entities, including federal, state, county, or municipal
governments, or any combination of these agencies; and
c. Operated and established to enhance and facilitate interagency coordination,
acquisition of intelligence information, and investigations of controlled substance
and other drug-related crimes.
2. If the attorney general receives federal funds in excess of the year 2006 level of Byrne
grant funding that may be used to defray the expenses and operating costs incurred
by a multijurisdictional drug task force during the 2007-09 biennium, the attorney
general may seek emergency commission approval to receive and spend the
additional federal funds but may not spend moneys from the funds appropriated by the
legislative assembly to the extent of the additional federal funds received for this
purpose for the biennium beginning July 1, 2007, and ending June 30, 2009.
54-12-27. Twenty-four seven sobriety program.
The attorney general may establish a statewide twenty-four seven sobriety program. The
sobriety program involves coordination among state, county, and municipal agencies to
implement procedures as alternatives to incarceration for offenders charged with, or convicted
Page No. 8
of, driving under the influence of alcohol or controlled substances, domestic violence, abuse or
neglect of a child, or for other offenses in which alcohol or controlled substances are involved.
54-12-28. Twenty-four seven sobriety program guidelines and program fees.
The attorney general, in cooperation with law enforcement, the judiciary, the department of
corrections and rehabilitation, and the traffic safety division of the department of transportation,
may develop guidelines, policies, and procedures to administer the twenty-four seven sobriety
program and to test offenders to enforce compliance with the sobriety program, including
sobriety testing twice per day seven days per week, electronic monitoring, including home
surveillance and remote electronic alcohol monitoring, urine testing and drug patch testing, and
to establish program fees, all of which are not subject to chapter 28-32.
54-12-29. Twenty-four seven sobriety program fund - Continuing appropriation.
There is created the twenty-four seven sobriety program fund to be administered by the
attorney general. The fund includes appropriated funds; moneys received from grants from the
United States; agencies of this state; private grants, gifts, or donations; and program fees. The
funds are appropriated as a continuing appropriation to the attorney general for expenses
necessary for the administration and operation of the sobriety program, including staff support,
training and travel costs, computer software and hardware, testing equipment, and supplies.
54-12-30. Twenty-four seven sobriety program fees.
A criminal justice agency may collect program fees from offenders participating in the
twenty-four seven sobriety program, including fees for twice per day breath alcohol testing, urine
testing, drug patch testing, installation and deactivation fees for remote electronic alcohol
monitoring devices, and remote electronic alcohol monitoring daily fees. The criminal justice
agency shall pay all program fees into the general fund of the governing body. The fees may
only be applied to twenty-four seven sobriety program support services, equipment
maintenance and replacement, and compliance with the program. The governing body shall pay
any daily fees collected for remote electronic alcohol monitoring to the twenty-four seven
sobriety program fund.
54-12-31. Bond conditions.
A district or municipal court of this state may order an offender charged with a violation of
section 39-08-01 or equivalent ordinance, domestic violence, abuse or neglect of a child, or
other offense in which alcohol or controlled substances are involved to participate in the
twenty-four seven sobriety program as a condition of bond.
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