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Current as of January 01, 2024 | Updated by Findlaw Staff
1. The governing body of a city may, by ordinance or resolution, establish a municipal court which is a part of the unified judicial system of this state. The supreme court may supervise and sanction municipal courts and municipal court judges. A staff attorney with the state court administrator's office may advise a municipal court judge and clerk on an administrative and procedural court issue.
2. The governing body shall, by ordinance, provide for the election of at least one full-time or part-time judge.
3. A city that establishes a municipal court shall provide:
a. Facilities for the use of the municipal court to conduct trials, hearings, and other necessary duties; and
b. Necessary supplies and technology and sufficient clerical and nonjudicial support personnel to assist the municipal judge.
4. Municipal court must be held at the time and place designated by the municipal judge. The court schedule must be posted publicly by filing the notice with the city auditor's office and posting the notice on the city's website if the city has a website.
5. Two or more cities, by resolution, may enter an agreement establishing a single joint municipal court. A copy of the agreement must be filed with the state court administrator. The agreement must include the name of the joint municipal court. As used in this chapter, “municipal court” includes a joint municipal court.
6. Two or more cities, by resolution, may enter an agreement to provide jointly for courtrooms, chambers, equipment, supplies, and staff for municipal courts and agree to elect judges without establishing a joint municipal court. A copy of the agreement must be filed with the state court administrator. If municipal courts share facilities and resources in this manner, the identities of the individual courts must be expressed in the case caption.
7. An agreement under subsection 5 or 6 may be terminated in the manner provided in the agreement. If the agreement does not include a provision for termination, the agreement may be terminated by any party upon the provision of not fewer than thirty days notice to the governing bodies.
8. Beginning July 1, 2026, the municipal court is a court of record.
Cite this article: FindLaw.com - North Dakota Century Code Title 40. Municipal Government § 40-18.1-01. Establishment of a municipal court - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-40-municipal-government/nd-cent-code-sect-40-18-1-01/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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