Administrative Rule 30 - MINIMUM STANDARDS FOR MUNICIPAL COURTS IN NORTH DAKOTA
Effective Date: 1/1/1991
Obsolete Date: 9/1/2014
Section 1. Authority.
Pursuant to Article VI, Section 3, North Dakota Constitution, and consistent with Section 27-02-05.1 and Section 27-01-01, NDCC, the Supreme Court hereby adopts the following Administrative Rule relating to minimum standards for municipal courts in North Dakota (Chapter 40-18, NDCC).
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.
The following minimum standards are mandatory for all municipal courts in North Dakota:
a. Municipal Ordinances. Each municipality shall provide the municipal court judge with a complete set of current, properly legislated municipal ordinances.
b. North Dakota Rules of Judicial Conduct. Each municipality shall provide the municipal court judge with a current copy of the North Dakota Rules of Judicial Conduct.
c. North Dakota Rules of Criminal Procedure. Each municipality shall provide the municipal court judge with a current copy of the North Dakota Rules of Criminal Procedure.
d. Municipal Court Benchbook. Each municipality shall provide the municipal court judge with a current copy of the North Dakota Municipal Court Benchbook.
e. North Dakota Century Code. Each municipality shall provide the municipal court with a current copy of Chapter 39-08, Chapter 40-18 and Title 12.1 of the North Dakota Century Code.
f. Continuing Education of Municipal Court Judges. Each municipality shall provide for reimbursement of the expenses for travel and lodging for municipal court judges and alternate municipal court judges to attend the training programs provided by the State Court Administrator pursuant to Section 40-18-22, NDCC.
Section 4. Recommended Minimum Standards.
The following minimum standards are strongly 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 | $10,000 | $833 |
| Cities Between 5,000 and 10,000 Population | $ 6,000 | $500 |
| Cities Between 3,000 and 5,000 Population | $ 2,400 | $200 |
| Cities Between 1,500 and 3,000 Population | $ 1,800 | $150 |
| Cities Below 1,500 Population | $ 1,200 | $100 |
b. Support Clerk Services. Each municipality should provide the municipal court judge in a city over 10,000 population with the assistance of one full-time, separately compensated, clerk of municipal court.
c. Prosecution Services. Each municipality should provide for prosecution of each contested case by a city attorney in municipal court.
d. Bail Bond Procedure. Each municipal court judge should prepare a written bail schedule and procedure which shall be publicly posted in the courtroom and in the police department.
e. Judicial Facilities. Each municipality should provide the municipal court judge with access to a formal courtroom or a space clearly designated as a courtroom. Each courtroom shall be furnished with a minimum of 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.
Each courtroom or designated space should have a separation between the public and court participants, accomplished by chair placement or a railing.
f. Judicial Robe. If requested by the municipal court judge, each municipality should furnish the municipal court judge with a judicial robe which is suitable to identify and enhance the dignity of court proceedings.
g. Standardized Forms and Record Keeping. Each municipality should provide the municipal court judge with court forms and record keeping equipment and supplies as identified by the State Court Administrator.
h. 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. Certification of Compliance.
Before holding court in any calendar year, the judge of each municipal court shall certify to the State Court Administrator that the municipal court meets the minimum standards in Section 3 and has made its best efforts, in cooperation with city government, to meet the minimum standards in Section 4. A municipal judge should not hold court during any year in which compliance with this certification requirement has not been met.
Section 6. Effective Date.
The effective date of this Rule is January 1, 1991.
Dated this 10th day of May 1990.
Ralph J. Erickstad, Chief Justice
Gerald W. VandeWalle, Justice
H.F. Gierke III, Justice
Herbert L. Meschke, Justice
Beryl J. Levine, Justice
ATTEST:
Penny Miller
Deputy Clerk
SOURCE: Supreme Court No. 900157; March 16, 1990, minutes of the Judicial Planning Committee.
[Adopted effective January 1, 1991.]
Rule 30 was adopted, effective January 1, 1991; amended effective September 1, 2014; August 11, 2021.
SOURCES: Supreme Court No. 900157; March 16, 1990; Judicial Planning Committee minutes of December 13, 2013; and Judiciary Standards Committee minutes of March 21, 2014.