Municipal Courts
There are 355 incorporated cities in North Dakota (North Dakota League of Cities 2024 Annual Report). A municipal court has been established in 73 cities. There are currently 54 municipal judges who serve in those 73 municipal courts.
Each municipality has the option of deciding whether or not to have a municipal court. Municipalities may contract with the state to provide municipal ordinance violation court services so that district judges may hear municipal ordinance violations.
Municipal judges have jurisdiction over all violations of municipal ordinances, except certain violations involving juveniles. Violations of state law are not within the jurisdiction of the municipal courts.
A municipal judge is elected for a four-year term. The judge must be a qualified elector of the city, except in cities with a population below 5,000. In cities with a population of 5,000 or more, the municipal judge is required to be a licensed attorney, unless an attorney is unavailable or not interested in serving. At present, there are approximately 20 legally-trained municipal court judges in the state. Vacancies that occur between elections are filled by the executive officer of the municipality with the consent of the governing body of the municipality.
Court rule requires each new municipal judge to complete an orientation program within three months of taking office. All municipal court judges and alternate judges must complete 18 hours of continuing education during each three-year reporting period. If a municipal judge fails to meet this requirement without an excused absence from the Continuing Judicial Branch Education Commission, the judge’s name is referred to the Judicial Conduct Commission for disciplinary action.
FAQ
A city with a population of less than 5,000 may abolish the court by resolution and executing an agreement to transfer all ordinance cases to district court and by abolishing the office of municipal judge by resolution of the city’s governing body. [N.D.C.C. 40-18.1-24]
The governing body of a city with a population of five thousand or more having a municipal court may by resolution abolish its municipal court if the city has entered an agreement with:
- The governing body of the county in which the municipal court is located;
- The presiding judge of the district in which the municipal court is located; and
- The state court administrator's office.
The agreement must provide for an effective date of the transfer of the municipal court cases to the district court not fewer than one hundred eighty days after the date of the agreement unless otherwise agreed upon. [N.D.C.C. 40-18.1-25]
Except as otherwise provided by law, Municipal Courts have jurisdiction over criminal and non-criminal violations of city ordinances. These can include Class B misdemeanors, infractions and traffic violations. [N.D.C.C. 40-05]
Only a municipal judge who is law-trained may preside over a charge of Driving under the Influence, charged as a violation of 39-08-01 or equivalent city ordinance. [N.D.C.C. 40-18.1-02 (2) and Attorney General Opinion 2008-L-17]. However, the municipal court does not have jurisdiction over a Driving Under the Influence charge if the individual charged has had two or more previous convictions for violations of 39-08-01 or equivalent city ordinance in the preceding 7 years or three or more violations in the preceding 15 years. If the municipal judge becomes aware of the previous convictions, he or she must dismiss the current charge without prejudice and direct that the charges be filed in district court.
A municipal court has no jurisdiction over a charge of domestic violence in violation of N.D.C.C. 12.1-17-01.2. [N.D.C.C. 12.1-17-01.2(4)]
Except for municipal ordinance that are non-criminal, a municipal court lacks jurisdiction over juveniles because statute vests exclusive original jurisdiction over children under the age of 18 who are alleged to be delinquent or deprived with the Juvenile Court. [N.D.C.C. 27-20.2-03 and Attorney General Opinion 2000-F-15]
A citation issued to a juvenile for a minor traffic violation may be handled in Municipal Court. Citations or charges issued to a juvenile for a serious traffic offense or for an offense involving alcohol cannot be handled in Municipal Court and must be transferred to juvenile court. [N.D.C.C. 27-20.2 and Attorney General Opinion 2000-F-15]
Hearings in municipal court are generally held in the municipal court located in the city where the offense was charged. Municipal court must be held at the time and place designated by the municipal judge. The court schedule must be posted publicly by filing the notice with the city auditor's office and posting the notice on the city's website if the city has a website. [N.D.C.C. 40-18.1-01] If there is no objection by a party to the proceeding, a municipal court judge can change venue to another facility or city after considering these factors: convenience of the parties and witnesses; judicial efficiency; available facilities; and administration of justice. [N.D.C.C. 40-18.1-10]
A municipal judge may use contemporaneous audio or audiovisual transmission by reliable electronic means in accordance with rule 52 of the North Dakota Supreme Court Administrative Rules. A municipal judge who presides over a proceeding through contemporaneous audio or audiovisual transmission by reliable electronic means is equivalent to a municipal judge who is physically present at the proceeding. [N.D.C.C. 40-18.1-10]
In general, the maximum fine or penalty for violation of an ordinance, resolution or regulation of a city may not exceed $1,500 and the term of imprisonment may not exceed 30 days. [N.D.C.C. 40-05-06(1)]
Except for those violations listed under N.D.C.C. 39-06.1-05, a city may establish a fee for ordinances that regulate the operation or equipment of a motor vehicle at up to twice the fee established for a similar violation under N.D.C.C. 39-06.1-06. [40-05-06(2)].
A municipal judge may impose alternative sanction in lieu of a fine or jail. A municipal judge may also enter a deferred or suspended sentence. [N.D.C.C. 40-05-06(4)]
The sentence for contempt of court may not exceed a fine of $1,500 and 30 days in jail. [N.D.C.C. 40-18.1-21]
Qualifications for municipal court judge vary based on size of the city and choice of the governing body. In a city with a population of 5,000 or more, the municipal court judge must be an attorney; if less than 5,000 the city can pass a resolution requiring the judge to be an attorney; the qualifications of the municipal court judge affect the types of cases they can preside over. [N.D.C.C. 40-18.1-05]
Appointment/Election: Municipal Court Judges are elected officials. The term of office for a municipal court judge is four years. [N.D.C.C. 40-14-02 and 40-15-02]. If there is a vacancy in the office of the municipal court judgeship, it can be filled by appointment by the executive officer, subject to confirmation by the governing body of the city; An appointee shall hold office until the next city election. [N.D.C.C. 40-18.1-07]
Compensation: Compensation for municipal court judge services must be by salary and cannot be based on fines or fees levied and collected by the municipal court. [N.D.C.C 40-18.1-05]. The Supreme Court has established a recommended salary for municipal court judges based on population of the city, but the city is not required to follow the recommendation. [N.D.Sup.Ct.Admin.R. 30]
Education: For a city with a population of 5,000 or greater, the municipal judge must be a licensed attorney. There is no minimal educational requirement to obtain the municipal court judgeship for a city with a population below 5,000. However, the city may adopt a resolution to require that the judge be a licensed attorney. [N.D.C.C. 40-18.1-05]
Each municipal court judge, including each alternate judge, is required to complete a new judge orientation program within 3 months of their election or appointment. They are also required to have 18 hours of continuing education training within each three-year reporting period. The Court System provides annual municipal court judge training that meets this requirement. The city must provide for reimbursement of expenses related to travel and lodging to attend the training program. [N.D.Sup.Ct.Admin.R.36]
Residency: A municipal judge in a city with a population of five thousand or more must be licensed to practice law in this state and must be a resident of the city unless the city, by ordinance or resolution, provides the municipal judge is not required to be a resident of the city. The municipal judge in a city with a population of fewer than five thousand is not required to be licensed to practice law in this state and is not required to be a resident of the city. [N.D.C.C. 40-18.1-05]
With the agreement of the state court administrator, the governing body of a city may, by ordinance, transfer some or all of the cases of the municipal court to the district court serving the county in which the city is located without abolishing the municipal court. Cases transferred under this section are deemed district court cases for purposes of appeal. The agreement must provide the city is responsible for providing for the prosecution of the cases and for providing a defense attorney in cases involving an indigent defendant. [N.D.C.C. 40-18.1-23]
The template for the contract to transfer municipal ordinances to district court can be obtained by calling or emailing the office of the state court administrator. This template also includes transfer of cases to the district court for jury trial so there is no need to execute two contracts.
The agreement specifies who is responsible for prosecution and how the fines will be split. The Supreme Court has set the state share of the fines at 60%. It is up to the city to negotiate with the county how the remaining 40% will be split. In the absence of an agreement, statute provides that 100% of collections go to the state’s general revenue fund. Fees established by the legislature must be deposited as required by statute and may not be shared or diverted. [N.D.C.C. 40-18.1-18]
A defendant may elect to have a jury trial removed to district court by filing the request with
the municipal court within 28 days of arraignment. The city is responsible for payment of costs to prosecute any case that has been removed to district court; if the defendant is indigent, the city is responsible for securing and paying for counsel for the defendant. If the defendant does not waive jury trial after a case has been transferred to district court, then the case remains with the district court for sentencing. If a defendant waives jury trial after the case has been removed to district court, the case must be remanded to the municipal court for sentencing if the defense and the prosecution agree to the remand. If there is a disagreement between the parties, then the case must remain with the district court. [N.D.C.C. 40-18.1-18]
The template for the contract to transfer cases to the district court for jury trial can be obtained by calling or emailing the office of the state court administrator. This contract is only for those cities that have retained jurisdiction over all of their ordinances. The contract includes optional language to incorporate any other contract executed between the city and the county for prosecution services.
Appeals of municipal court decisions are made to the district court by following the rules the North Dakota Supreme Court Rules of Criminal Procedure. The city is responsible for paying the expenses of appeal for indigent defendants, as ordered by a district court judge. Prior to July 1, 2026, an appeal is perfected by notice of appeal. A perfected appeal to the district court transfers the action to the district court for trial anew. Failure to remove the case under section 40-18.1-18 constitutes waiver of jury trial on appeal. After July 1, 2026, an appeal from a municipal court of record must originate from the file, record, recording, transcript, or evidence from the municipal court. [N.D.C.C. 40-18.1-19]
By state constitution, the judicial power of the state is vested in a unified judicial system. The Chief Justice is the administrative head of the unified judicial system with the authority to promulgate rules of procedure to be followed by all court of the state. The unified judicial system consists of a supreme court, a district court and other courts as provided by law. Municipal courts are statutorily created courts and as such are part of the unified judicial system. [Constitution of North Dakota, Article VI and N.D.C.C. 40-18.1-26]
Annual Certificate of Compliance Administrative
Administrative Rule 30 of the North Dakota Rules of Court sets out a number of mandatory requirements and recommended minimum standards for municipal courts. Every year, the municipal court judge must certify that the court is in compliance with these conditions. The Supreme Court can determine whether to enforce compliance or waive a requirement for a specific court. A municipal court judge should not hold court during any year in which compliance with the certification requirement has not been met. [N.D.Sup.Ct.Admin.R.30]
Access to North Dakota Century Code and the Rules of Court
By court rule, the city is required to provide the municipal court with the North Dakota Century Code and the Rules of Court. This requirement can be met through purchase of the hardbound materials or by providing internet access to materials located on the North Dakota legislative website (www.legis.nd.gov) and North Dakota Supreme Court website (www.ndcourts.gov). [N.D.Sup.Ct.Admin.R.30]
Jury trials are not available in municipal court. A defendant charged with a class B misdemeanor in a municipal court is entitled to a jury trial in District Court, provided a written demand for jury trial is made within 28 days after a plea of not guilty is entered. The city prosecutes the case in the district court before a district judge. If a defendant does not timely demand a jury trial, the right to a jury trial is waived by statute.
The court may provide language and sign interpreters for individuals appearing in court. Contact the court in advance if these services are needed.
Municipal judges may perform marriages anywhere in the state. Contact a municipal judge for arrangements. [N.D.C.C. 14-03-09]
Assessment of points and suspension of driving privileges are administrative actions taken by the Drivers License and Traffic Safety Division of the North Dakota Department of Transportation. For information on getting points reduced on a driving record by attending a Defensive Driving Course, contact the North Dakota Drivers License Division at 701.328.2604 or online at https://www.dot.nd.gov/driver/driver-record-services-and-suspensions.
Information for Municipal Court Judges and Staff
Minimum Standards for Courts –Administrative Rule 30:
Certificate of Compliance:
Supreme Court Administrative Rule 30, Section 5 states:
"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."
The Compliance Form is due to the State Court Administrator by Oct. 31 of each year.
New Judges:
Upon the election or appointment of a new judge, the city should notify the State Court Administrator’s office (701-328-4216). The new judge will be assigned a mentor and is required to complete the orientation program. New judges are also required to view the Municipal Court Judge Orientation video.
Continuing Education:
Each municipal judge must complete at least 18 hours of approved course work in continuing education during each three-year period of tenure. 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 N.D.C.C. § 40-18-22. Complete education requirements are included in Administrative Rule 36. Guidelines for completing these requirements can be found by clicking here.
Questions about continuing education can be referred to the Director of Education at 701-328-4251 or lbarnhardt@ndcourts.gov.
Forms:
Application for Approval of CJE Activity
Report of Education Compliance Form B
Report Municipal Court Judge or Municipal Court Clerk Leaving or Newly Hired
North Dakota Municipal Judges Association
- President - Bob Keogh
Court Locations and Information
If you are looking to find a specific court, please see our court locations page.