§ 27-05.2-04 — Clerk to keep record of fees - Monthly report to county auditor or state treasurer - Continuing appropriation

North Dakota § 27-05.2-04

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

Text

treasurer - Continuing appropriation.
A clerk of the district court providing clerk services in accordance with subsection 2 or 6 of
section 27-05.2-02 shall keep a public record of all money received as fees for services
rendered as clerk. Within three days after the close of each calendar month, the clerk shall file
with the county auditor a statement under oath showing the amount of fees received as clerk
since the date of the clerk's last report and within three days thereafter the clerk shall deposit
with the county treasurer the total sum of such fees which must be used for facilities, except
fees that the clerk is directed to deposit with the state treasurer or is authorized expressly to
retain. Within three days after the close of each calendar month, a clerk who has become a
state employee under subsection 3 or 4 of section 27-05.2-02 shall file with the state treasurer a
statement under oath showing the amount of fees received by the clerk since the date of the
clerk's last report. Within three days thereafter, the clerk shall deposit with the state treasurer
the total sum of fees required to be deposited in the general fund or in a designated special
fund. The clerk shall forward to the county treasurer any fees received under section 27-05.2-03
which are not required to be deposited in the state general fund or a designated special fund.
Those fees must be used for facilities. A special court receivables fund is established in the
state treasury for purposes of depositing any money received by the clerk which is not required
to be deposited in the state general fund, a different special fund, or the county treasury and
which is received as bail or restitution, or otherwise received pursuant to an order of the court.
Moneys in the special fund are appropriated to the judicial branch on a continuing basis for
purposes of refunding bail, forwarding restitution amounts to the entitled recipient, or otherwise
making payments as directed by an order of the court. To facilitate making payments from the
special fund, the clerk may establish a special account in the Bank of North Dakota or in a
banking institution designated as a depository of public funds under chapter 21-04. If money

deposited as bail is forfeited, the clerk shall submit the appropriate sum to the state treasurer for
deposit in the state general fund. If the clerk is unable to make payments from the special
account because the address of the recipient is unknown or the recipient cannot otherwise be
located, the clerk shall dispose of the deposited money in accordance with chapter 47-30.2.