N.D. Sup. Ct. Admin. R.
RULE REGARDING DOMESTIC VIOLENCE
1 Section 1. Statement of Policy.
Pursuant to Under the authority of the Supreme Court
in Section 3 of
3 Article VI, North Dakota Constitution, and Sections 27-02-07 and 27-02-08,
4 N.D.C.C., it is the policy of the Supreme Court of North Dakota to provide
5 opportunity for appropriate services to persons who are alleged victims of
6 domestic or sexual violence in proceedings in the trial courts of North Dakota.
7 Section 2. Definition of Certified Domestic Violence Advocate.
8 A Certified Domestic Violence Sexual Assault Advocate is defined as a
9 person who:
10 (a) is certified by an approved certifying entity as a Certified Domestic
11 Violence Sexual Assault Advocate to provide direct support services to alleged
12 victims of domestic or sexual violence;
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 and
sexual violence training
16 relating to the services and proceedings under Chapter 14-07.1 and Section 12.1-
17 1-01.2, N.D.C.C.,
pursuant to under a
curriculum provided by an approved
18 certifying entity subject to the approval of a committee of three consisting of the
19 State Health Officer, the North Dakota Attorney General and the President of the
20 State Bar Association of North 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
23 developed 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
26 Court or its designee to be qualified to train and certify domestic violence sexual
27 assault advocates. To qualify to train and certify domestic violence sexual assault
28 advocates an organization must file with the Supreme Court or its designee
29 satisfactory proof that the organization:
30 (a) is capable of providing a 40-hour course of domestic and sexual
31 violence training relating to the services and proceedings under Chapter 14-07.1
32 and Section 12.1-31-01.2, N.D.C.C., following a curriculum approved by the
33 committee of three identified in Section 2(c);
34 (b) is capable of providing, in each year following the year of certification
35 of a domestic violence sexual assault advocate,
12 additional hours of training
36 in the areas set forth in Section 2(a) and which are developed and approved by the
37 committee of three 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
43 with an annual list of Certified Domestic Violence Sexual Assault Advocates in
44 North Dakota as may be revised by the entity from time to time. The State Court
45 Administrator shall provide copies of the current list to all judges presiding in
46 proceedings pursuant to Chapter 14-07.1 and Section 12.1-31-01.2, N.D.C.C., and
47 to any person, upon request.
48 Section 5. The Role of Domestic Violence Sexual Assault Advocates in
49 Court Proceedings.
50 In all proceedings
pursuant to under Chapter 14-07.1
and Section 12.1-31-
51 1.2, N.D.C.C., a Certified Domestic Violence Advocate may:
52 (a) assist the petitioner in completing printed forms for proceedings
pursuant to under Chapter 14-07.1 and Section
54 (b) sit with the petitioner during court proceedings; and
55 (c) at the judge's discretion, make written or oral statements to the court.
56 Section 6. Grievance Procedure.
57 The approved certifying entity shall establish a grievance procedure,
58 prepared in consultation with the President of the State Bar Association of North
59 Dakota, or the President's designee, which must include provisions for universal
60 standing to submit a complaint, due process, and prompt disposition of complaints.
61 Section 7. Unauthorized Practice of Law.
62 When providing services pursuant to Section 5, a Certified Domestic
63 Violence Sexual Assault Advocate is not engaged in the unauthorized practice of
65 Section 8. Effective Date.
66 The effective date of this Rule, as amended, is