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Current as of January 01, 2024 | Updated by Findlaw Staff
1. The municipal court has jurisdiction to hear, try, and determine offenses against the ordinances of any city served by the court.
2. Notwithstanding any other provision of law, the municipal court does not have jurisdiction to hear, try, and determine:
a. An offense that would be a violation of section 39-08-01 or equivalent ordinance, if the individual charged with the offense has twice previously been convicted of a violation of section 39-08-01 or equivalent ordinance within the seven years preceding the commission of the offense charged or if the individual charged with the offense has three times previously been convicted of a violation of section 39-08-01 or equivalent ordinance within the fifteen years preceding the commission of the offense charged. If the offense is charged in the municipal court and the municipal judge has notice of a violation of section 39-08-01 or equivalent ordinance twice within the seven years, or three times within the fifteen years, preceding the commission of the offense charged, the municipal judge shall dismiss the charge, without prejudice, and refer the matter to the state's attorney of the county in which the municipal court is located.
b. An offense that would be a violation of section 39-08-01 or equivalent ordinance if the judge is not licensed to practice law in this state.
c. A domestic violence offense.
d. A criminal offense, including criminal traffic offenses, against a juvenile, except a municipal court may hear, try, and determine noncriminal offenses against a juvenile if the juvenile is not subject to the exclusive jurisdiction of the juvenile court under chapter 27-20.2.
Cite this article: FindLaw.com - North Dakota Century Code Title 40. Municipal Government § 40-18.1-02. Jurisdiction - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-40-municipal-government/nd-cent-code-sect-40-18-1-02/
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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