§ 27-05.2-02 — State funding of clerk of district court services - Agreements to provide services - Transition schedule

North Dakota § 27-05.2-02

• Jurisdiction: North Dakota
• Title 27: Judicial Branch of Government
• Ch. 27-05.2: Clerk of District Court Funding and Fees

Text

services - Transition schedule.
1. Except as provided in subsection 2, the supreme court, within the limits of legislative
appropriations and pursuant to subsection 7, shall provide clerk of district court
services in each county in the state. The supreme court may provide such services
through clerks of district court, deputies, and assistants who are employees of the
judicial system or through service agreements under subsection 6. The supreme court
shall develop standards and procedures to ensure that adequate clerk of district court
services are provided. "Clerk of district court services" means those duties and
services, as provided by statute or rule of the supreme court, that directly serve the
judicial system and the provision of effective and efficient judicial services to the public.
Beginning January 1, 2003, the individual designated by a board of county
commissioners to provide clerk of district court services under subsection 2 or 6
serves as ex officio clerk of district court. The salary and bond for the ex officio clerk of
district court must be fixed by a resolution adopted by the board of county
commissioners.
2. A county may elect to provide clerk of district court services at the county's own
expense. The board of county commissioners shall forward to the supreme court a
resolution indicating its election to provide services under this subsection. Such
services must be provided in a manner consistent with standards and procedures
established by the supreme court. If the county is unable to provide adequate clerk of
district court services, the supreme court shall provide for those services in any
manner it considers appropriate. If a county has entered into an agreement under
subsection 6, the county may not provide clerk of district court services under this
subsection until after the agreement has expired.
3. In a county in which the supreme court determines that at least five full-time
employees are necessary to provide adequate clerk of district court services, the
elected clerk of district court and clerk of court staff designated by the supreme court
shall become employees of the state judicial system if the board of county
commissioners consents to the transition after consultation with the elected clerk. This
subsection applies upon receipt by the supreme court of a resolution adopted by the
board of county commissioners indicating its consent. Any equipment, including
technology-related equipment, and furnishings in the control and custody of the clerk
of district court on the date the clerk becomes a state employee must remain in the
control and custody of the clerk until the state court administrator determines the items
are no longer needed. The clerk, upon becoming a state employee, shall receive a
salary in an amount not less than the salary received as a county employee and shall
remain an employee of the state judicial system until the clerk retires, resigns, or the
term for which the clerk was initially elected expires, whichever occurs earlier.
Thereafter, the clerk of district court must be appointed in the manner provided by
supreme court rule. If the board of county commissioners does not consent to the clerk
and designated staff becoming employees of the state judicial system, the county must
provide clerk of district court services at its own expense in accordance with
subsection 2.
4. In a county in which the supreme court determines that one or more, but less than five,
full-time employees are necessary to provide clerk of district court services, the

elected clerk of district court and clerk of court staff designated by the supreme court
shall become employees of the state judicial system in the manner described in
subsection 3. If the board of county commissioners does not consent to the clerk and
designated staff becoming employees of the state judicial system, the county may
provide clerk of district court services at its own expense under subsection 2 or the
supreme court may provide funding for clerk of district court services in accordance
with an agreement under subsection 6.
5. In a county in which the supreme court determines that less than one full-time
employee is necessary to provide clerk of district court services, the supreme court
may provide funding for such services in accordance with an agreement under
subsection 6.
6. The supreme court may enter into an agreement with one or more boards of county
commissioners to provide funding for the provision of clerk of district court services in
a manner consistent with standards and procedures established by the supreme court.
Funding for personnel under the agreement must be equal to the amount, based on
county employee compensation levels, necessary for the number of full-time
employees needed to provide clerk of district court services. Funding must be
available under the agreement to defray the cost of technology-related equipment
considered necessary by the supreme court for the delivery of adequate clerk of
district court services. After entering into an agreement under this subsection, a county
may, under chapter 11-10.2 or 11-10.3, provide for the delivery of clerk of district court
services in a manner consistent with the agreement. If a county fails to fulfill the terms
of an agreement or is unable to provide clerk of district court services consistent with
standards and procedures established by the supreme court, the supreme court shall
provide for those services in any manner it considers appropriate.
7. a. State funding for the provision of clerk of district court services may be provided
beginning January 1, 2001. Before April 1, 2000, each board of county
commissioners shall notify the supreme court of its election to provide clerk of
district court services under subsection 2, of its consent to the elected clerk of
court and designated staff becoming state employees under subsection 3 or 4, or
of its election to enter into an agreement under subsection 6. If a board of county
commissioners elects to enter into an agreement under subsection 6, the
agreement must be executed before July 1, 2000. If an agreement is not
executed before that date, the county must provide clerk of district court services
at its own expense under subsection 2.
b. Before April 1, 2002, and thereafter before April first of each succeeding
even-numbered year, each board of county commissioners that has executed an
agreement under subsection 6 or whose county is providing clerk of district court
services under subsection 2 must notify the supreme court of its election to
continue the existing arrangement or initiate a different option. If a board of
county commissioners elects to enter into an agreement under subsection 6, the
agreement must be executed before July first of the year the election is made. If
an agreement is not executed before that date, the county must provide clerk of
district court services at its own expense under subsection 2.