North Dakota Century Code Title 29. Judicial Procedure, Criminal § 29-07-01.1. Payment of expenses for defense of indigents--Indigent defense administration fund--Continuing appropriation

1. Lawyers provided to represent indigent persons must be compensated at a reasonable rate to be determined by the commission on legal counsel for indigents. Expenses necessary for the adequate defense of an indigent person prosecuted in district court, other than for a violation of a home rule county's ordinance, when approved by the commission, must be paid by the state. Expenses necessary for the adequate defense of an indigent person prosecuted for violation of a home rule county's ordinance must be paid by the home rule county. Expenses necessary for the adequate defense of an indigent person prosecuted for a violation of a municipal ordinance, when approved by the judge, must be paid by the city in which the alleged offense took place. The city shall pay the expenses in any matter transferred to district court under section 40-18.1-18, 40-18.1-23, 40-18.1-24, or 40-18.1-25, in any appeal taken to district court from a judgment of conviction in municipal court under section 40-18.1-19 or 40-18.1-20, and in an appeal or postconviction matter seeking relief from a conviction resulting from violation of a municipal ordinance. A defendant requesting representation by counsel at public expense, or for whom counsel provided at public expense without a request is considered appropriate by the court, shall submit an application for indigent defense services.

2. The indigent defense administration fund is a special fund in the state treasury. The state treasurer shall deposit in the fund all application fees collected under subsection 1. All moneys in the indigent defense administration fund are appropriated on a continuing basis to the commission on legal counsel for indigents to be used in the administration of the indigent defense system.