N.D. Sup. Ct. Admin. R.
RULE REGARDING DOMESTIC VIOLENCE ADVOCATES ADVOCATES FOR
ALLEGED VICTIMS IN CIVIL
PROTECTION ORDER CASES
1 Section 1. Statement of Policy.
Pursuant to Under the authority of the Supreme Court
in Section 3 of Article VI,
3 North Dakota Constitution, and Sections 27-02-07 and 27-02-08, N.D.C.C., it is the
4 policy of the Supreme Court of North Dakota to provide opportunity for appropriate
5 services to persons who are alleged victims of domestic violence or sexual assault in
6 proceedings in the trial courts of North Dakota.
7 Section 2. Definition of Certified Domestic Violence Sexual Assault Advocate.
8 A Certified Domestic Violence Sexual Assault Advocate is defined as a person
10 (a) is certified by an approved certifying entity as a Certified Domestic Violence
11 Sexual Assault Advocate to provide direct support services to alleged victims of
12 domestic violence or sexual assault;
13 (b) is affiliated with a domestic violence sexual assault program which is a
14 member of an approved certifying entity;
15 (c) has completed
40 42 hours of domestic violence
and sexual assault training
16 relating to the services and proceedings under Chapter 14-07.1 and Section 12.1-31-01.2,
pursuant to under a curriculum provided by
an approved certifying entity
18 subject to the approval of a committee of three consisting of the State Health Officer, the
19 North Dakota Attorney General and the President of the State Bar Association of North
20 Dakota, or their designees; and
21 (d) has completed, in each year following the year of certification,
22 additional hours of training in the areas set forth in Section 2(a) and which are developed
23 and approved by the committee of three identified in Section 2(c).
24 Section 3. Definition of Approved Certifying Entity.
25 An approved certifying entity is an organization determined by the Supreme Court
26 or its designee to be qualified to train and certify domestic violence sexual assault
27 advocates. To qualify to train and certify domestic violence sexual assault advocates an
28 organization must file with the Supreme Court or its designee satisfactory proof that the
30 (a) is capable of providing a
40 42-hour course of
domestic violence and sexual
31 assault training relating to the services and proceedings under Chapter 14-07.1 and
32 Section 12.1-31-01.2, N.D.C.C., following a curriculum approved by the committee of
33 three identified in Section 2(c);
34 (b) is capable of providing, in each year following the year of certification of a
35 domestic violence sexual assault advocate,
12 additional hours of training in the areas
36 set forth in Section 2(a) and which are developed and approved by the committee of three
37 identified in Section 2(c);
38 (c) provides affiliation and support to local domestic violence sexual assault
39 programs in North Dakota; and
40 (d) has established a grievance procedure as set forth in Section 6.
41 Section 4. Lists of Certified Domestic Violence Sexual Assault Advocates.
42 Each approved certifying entity shall provide the State Court Administrator with
43 an annual list of Certified Domestic Violence Sexual Assault Advocates in North Dakota
44 as may be revised by the entity from time to time. The State Court Administrator shall
45 provide copies of the current list to all judges presiding in proceedings pursuant to
46 Chapter 14-07.1 and Section 12.1-31-01.2, N.D.C.C., and to any person, upon request.
47 Section 5. The Role of Domestic Violence Sexual Assault Advocates in Court
49 In all proceedings
pursuant to under Chapter 14-07.1
and Section 12.1-31-01.2,
50 N.D.C.C., a Certified Domestic Violence Sexual Assault Advocate may:
51 (a) assist the petitioner in completing printed forms for proceedings
52 under Chapter 14-07.1 and Section 12.1-31-01.2, N.D.C.C.; and
53 (b) sit with the petitioner during court proceedings
(c) at the judge's discretion, make written or oral statements to the
55 Section 6. Grievance Procedure.
56 The approved certifying entity shall establish a grievance procedure, prepared in
57 consultation with the President of the State Bar Association of North Dakota, or the
58 President's designee, which must include provisions for universal standing to submit a
59 complaint, due process, and prompt disposition of complaints.
60 Section 7. Unauthorized Practice of Law.
61 When providing services pursuant to Section 5, a Certified Domestic Violence
62 Sexual Assault Advocate is not engaged in the unauthorized practice of law.
63 Section 8. Effective Date.
64 The effective date of this Rule, as amended, is
2005 December 1, 2017.