N.D. Sup. Ct. Admin. R.
RULE 34. RULE REGARDING DOMESTIC VIOLENCE ADVOCATES Section 1. Statement of Policy.
Pursuant to the authority of the Supreme Court in N.D. Const. art. IV, § 3, and N.D.C.C. §§ 27-02-07 and 27-02-08, it is the policy of the Supreme Court of North Dakota to provide opportunity for appropriate services to persons who are alleged victims of domestic violence in proceedings in the trial courts of North Dakota.
Section 2. Definition of Certified Domestic Violence Advocate.
A Certified Domestic Violence Advocate is defined as a person who:
(a) is certified by the North Dakota Council on Abused Women's Services as a Certified Domestic Violence Advocate to provide direct support services to alleged victims of domestic violence;
(b) is affiliated with a domestic violence program which is a member of the North Dakota Council on Abused Women's Services;
(c) has completed 40 hours of domestic violence training relating to the services and proceedings under N.D.C.C. ch. 14-07.1, pursuant to a curriculum provided by the North Dakota Council on Abused Women's Services subject to the approval of a committee of three consisting of the State Health Officer, the North Dakota Attorney General and the President of the State Bar Association of North Dakota, or their designees; and
(d) has completed, in each year following the year of certification, ten additional hours of training in the areas set forth in Section 2(a) and which are developed and approved as set forth in Section 2(c).
Section 3. Lists of Certified Domestic Violence Advocates.
The North Dakota Council on Abused Women's Services shall provide the State Court Administrator with an annual list of Certified Domestic Violence Advocates in North Dakota as may be revised by the Council from time to time. The State Court Administrator shall provide copies of the current list to all judges presiding in proceedings pursuant to N.D.C.C. ch. 14-07.1, and to any person, upon request.
Section 4. The Role of Domestic Violence Advocates in Court Proceedings.
In all proceedings pursuant to N.D.C.C. ch. 14-07.1, a Certified Domestic Violence Advocate may:
(a) assist the petitioner in completing printed forms for proceedings pursuant to N.D.C.C. ch. 14-07.1;
(b) sit with the petitioner during court proceedings; and
(c) at the judge's discretion, make written or oral statements to the court.
Section 5. Grievance Procedure.
The Council shall establish a grievance procedure, prepared in consultation with the President of the State Bar Association of North Dakota, or the President's designee, which must include provisions for universal standing to submit a complaint, due process, and prompt disposition of complaints.
Section 6. Unauthorized Practice of Law.
When providing services pursuant to Section 4, a Certified Domestic Violence Advocate is not engaged in the unauthorized practice of law.
Section 7. Effective Date.
The effective date of this Rule is March 1, 1992.