Administrative Rule 18 - NORTH DAKOTA LEGAL COUNSEL FOR INDIGENTS RULES

Obsolete Date: 11/4/1998

Rule 1. Authority and Policy.

Pursuant to the authority of the Supreme Court and Chief Justice in Sections 2 and 3 of Article VI, North Dakota Constitution, and the administrative responsibility provided in Section 27-02-05.1, NDCC, it is the policy of the North Dakota Judicial System to provide for criminal defense, mental health, juvenile, and guardian ad litem counsel services for indigent persons, as provided by law.

Rule 2. North Dakota Legal Counsel for Indigents Commission.

(a) There is established, within the North Dakota Judicial System, the North Dakota Legal Counsel for Indigents Commission consisting of eight members. One member shall represent county government and shall be appointed from two nominations by the North Dakota Association of Counties. One member shall be a judge and shall be appointed from two nominations by the chief presiding judge. Three members shall be appointed from six nominations by the Board of Governors of the State Bar Association of North Dakota. Two members shall be appointed from four nominations by the Attorney General of North Dakota. One member shall be a member of the Legislative Assembly and shall be appointed by the Chief Justice. After consultation with the Supreme Court, the Chief Justice of the Supreme Court shall make the appointments to the Commission from each category of those nominated. The Chief Justice shall designate a chairperson for the Commission. Staff services shall be provided by the State Court Administrator.

(b) Members of the Commission shall serve without compensation for their services, but are entitled to reimbursement from available funds for their actual expenses incurred in the performance of their duties.

(c) Of the members initially appointed, as determined by lot, two shall be appointed for one year, two for two years, and three for three years. Thereafter, each appointment shall be for a three-year term.

(d) No member shall serve more than two successive three-year terms. Each member shall serve until the member's successor is appointed.

Rule 3. Duties of the Commission.

(a) The Commission, as may be appropriate, shall:

(1) Review data regarding cost and caseload of counsel services for indigents from all courts of the state as provided by the State Court Administrator;

(2) Prepare and submit to the Chief Justice an annual report on or before February 1 of each year;

(3) Prepare a recommended biennial budget for the Commission for submission to the Legislative Assembly within the judicial branch budget;

(4) Provide planning, guidelines, and technical assistance to judicial districts requesting assistance in facilitating programs for services to indigents;

(5) Adopt guidelines regarding services for indigents including:

a. criteria for eligibility for counsel to indigents services consistent with Sections 27-20-26 and 29-07.1-01, NDCC;

b. compensation for counsel;

c. expenses reimbursable to counsel;

d. procedure for recoupment of costs of services from indigent parties; and

e. procedures for appeals to the Commission.

(6) Provide a forum for the resolution of counsel contract disputes;

(7) Recommend plans for state funded services to indigents to the presiding judge for each judicial district;

(8) Review fee decisions of the trial judge on counsel payment. The review procedure may be initiated at the request of the State Court Administrator, an indigent defendant/respondent, any affected attorney, or the trial judge. As a precondition to requesting review by the Commission, a person requesting the review shall exhaust administrative remedies established by the presiding judge of the judicial district. Such administrative remedies may include peer review panels or arbitration. The Commission may recommend to the trial judge a reduction or an increase of the fees or recommend approval of the fees in the amount certified by the trial judge;

(9) Adopt rules for the operation of the Commission which are not inconsistent with these Rules.

(b) The Commission shall provide appropriate open hearings, particularly in meeting the duties in Rule 3(a)(5).

Rule 4. Review by the Supreme Court.

Any aggrieved party may petition the North Dakota Supreme Court for a review of a final fee decision of the trial judge after exhausting the remedies of Rule 3(a)(9). No transcript of proceedings will be required. The record on review shall consist of the documents received by the Court and the Commission, the written findings and recommendations of the Commission, and the final order of the trial judge. Parties may submit briefs to the Supreme Court. Oral argument may be permitted. The decision of the Supreme Court is final.

Rule 5. Citation.

The North Dakota Legal Counsel for Indigents Rules may be cited as NDLCIR.

Dated this 16th day of November, 1994.

Gerald W. VandeWalle, Chief Justice
Herbert L. Meschke, Justice
Beryl J. Levine, Justice
William A. Neumann, Justice

Dale V. Sandstrom, Justice, adheres to his written dissent regarding Rule 2 dated October 20, 1993.

ATTEST:
Penny Miller, Clerk
North Dakota Supreme Court

SOURCE: AR 18-1981, effective July 1, 1981; AR 18 amended October 20, 1993; AR 18 amended November 16, 1994, effective January 1, 1995.