Administrative Rule 30 - MINIMUM STANDARDS FOR MUNICIPAL COURTS IN NORTH DAKOTA

Section 1. Authority.

Under N.D. Const. Art. VI, § 3, and consistent with N.D.C.C. §§ 27-01-01 and 27-02-05.1, the supreme court adopts this rule relating to minimum standards for municipal courts in North Dakota (N.D.C.C. ch. 40-18.1).

Section 2. Statement of Policy.

It is the policy of the North Dakota judicial system to provide minimum standards and greater uniformity in municipal court services in North Dakota in order to protect the independence of municipal court judges in their decisions in individual cases.

Section 3. Mandatory Minimum Standards.

(a) Each municipality in which a municipal court is established must ensure the court has access to current versions of the following:

(1) A complete set of properly legislated municipal ordinances.

(2) The North Dakota Code of Judicial Conduct.

(3) The North Dakota Rules of Criminal Procedure.

(4) The North Dakota Municipal Court Benchbook.

(5) North Dakota Century Code Chapter 39-08, Chapter 40-18.1, and Title 12.1.

(b) Each municipality mustprovide the municipal court judge with access to a formal courtroom or a space clearly designated as a courtroom. Each courtroom must be furnished with at least the following:

(1) One judge's desk.

(2) One judge's chair.

(3) One witness chair.

(4) One full-size, free standing American flag.

(5) One full-size, free standing North Dakota flag.

(6) One gavel.

(7) Table space and three chairs for defendant.

(8) Table space and three chairs for prosecutor.

(9) Adequate chairs for the public.

(10) Technology resources sufficient to meet the needs of the court.

(11) Equipment necessary to electronically record and store the record of court proceedings.

Each courtroom or designated space must have a separation between the public and court participants, accomplished by chair placement or a railing.

(c) Court Support Services. Each municipality must provide sufficient support staff to effectively conduct municipal court business.

(d) Prosecution Services. Each municipality must provide for prosecution of each contested case and any proceeding in a class B misdemeanor case by a city prosecutor employed or contracted with the city.

(e) Standardized Forms and Record Keeping. Each municipality must provide the municipal court judge with court forms and record keeping equipment and supplies as identified by the state court administrator.

(f) Judicial Robe. If requested by the municipal court judge, each municipality must furnish the municipal court judge with a judicial robe which is suitable to identify and enhance the dignity of court proceedings.

Section 4. Recommended Minimum Standards for Judges and Staff.

The following minimum standards are recommended for all municipal courts:

(a) Judge Compensation. Each municipality should provide judicial compensation which is not less than the following standards:

City by Population Size	Minimum Annual Salary	Minimum Monthly Salary
Cities Over 10,000 Population	$17,172	$1,431
Cities Between 5,000 and 10,000 Population	$10,308	$859
Cities Between 3,000 and 5,000 Population	$4,116	$343
Cities Between 1,500 and 3,000 Population	$3,096	$258
Cities Below 1,500 Population	$2,064	$172

(b) Support Clerk Services. Each municipality should provide the municipal court judge with the assistance of one full-time or part-time, clerk of municipal court.

(c) Bail Bond Procedure. Each municipal court judge should prepare a written bail schedule and procedure which must be publicly posted in the courtroom and in the police department.

(d) Municipal Court Budgets. Each municipality should provide the municipal court judge with a separate municipal court budget. The municipal court budget should include appropriate funds for the following:

(1) Judge compensation.

(2) Clerk compensation, if applicable.

(3) Supplies.

(4) Equipment.

(5) Courtroom furnishings.

(6) Travel expenses.

(7) Professional memberships and subscriptions.

(8) Telephone expenses.

Section 5. Continuing Education of Municipal Court Judges.

Each municipality must provide reimbursement of travel and lodging expenses for municipal court judges and alternate municipal court judges to attend training programs provided by the judicial branch education commission according to N.D. Sup. Ct. Admin. R. 36 and N.D.C.C.§ 40-18.1-26.

Section 6. Caseload and Financial Reporting.

By January 31 of each year, each municipal court must report the following to the North Dakota Supreme Court through a form provided by the State Court Administrator:

(a) Caseload data (number and category of cases filed, disposed, pending).

(b) Disposition types (e.g. convictions, dismissals, deferred imposition)

(c) Trial by jury transfers to district court.

(d) Number of appeals to district court.

(e) Financial amounts assessed and collected (fines, fees, costs).

(f) Outstanding receivables or uncollected balances.

Section 7. Certification of Compliance.

Before January 31 of each year, the judge of each municipal court must certify to the state court administrator that the municipal court meets the minimum standards in section 3 and has submitted the required data in section 6. The judge must also certify theat the municipal court has made its best efforts, in cooperation with city government, to meet the minimum standards in section 4. A municipal judge may not hold court until compliance with this certification requirement has been met.