§ 12.1-20-16 — Appointment of a guardian ad litem in prosecution for sex offenses

A minor or an individual with a developmental disability who is a material or prosecuting
witness in a criminal proceeding involving an act in violation of sections 12.1-20-01 through
12.1-20-08, section 12.1-20-11, or chapter 12.1-41, may, at the discretion of the district court,
have the witness' interests represented by a guardian ad litem at all stages of the proceedings
arising from the violation. The appointment may be made upon the order of the court on its own
motion or at the request of a party to the action. The guardian ad litem may, but need not, be a
licensed attorney and must be designated by the court after due consideration is given to the
desires and needs of the minor or the individual with a developmental disability. An individual
who is also a material witness or prosecuting witness in the same proceeding may not be
designated guardian ad litem. The guardian ad litem must receive notice of and may attend all
depositions, hearings, and trial proceedings to support the minor or the individual with a
developmental disability and advocate for the protection of the minor or the individual with a
developmental disability but may not separately introduce evidence or directly examine or
cross-examine witnesses. The expenses of the guardian ad litem, when approved by the judge,
must be paid by the supreme court. The state shall also pay the expenses of the guardian ad
litem in commitment proceedings held in district court pursuant to chapter 25-03.1.