§ 29-06.1-03 — Court appearance

North Dakota § 29-06.1-03

• Jurisdiction: North Dakota
• Title 29: Judicial Procedure, Criminal
• Ch. 29-06.1: Tribal Arrest Warrants

Text

1. The district judge shall inform the person appearing under section 29-06.1-02 of the
name of the tribe that has subjected the person to an arrest warrant, the basis for the
arrest warrant, the right to assistance of counsel, and the right to require a judicial
hearing before transfer of custody to the applicable tribal authority.
2. After being informed by the district judge of the effect of a waiver, the arrested person
may waive the right to require a judicial hearing and consent to return to the applicable
tribal authority by executing a written waiver in the presence of the judge. If the waiver
is executed, the judge shall issue an order to transfer custody under section
29-06.1-04 or, with the consent of the applicable tribal authority, authorize the
voluntary return of the person to that authority.
3. If a hearing is not waived under subsection 2, the district judge shall hold a hearing
within three days, excluding weekends and holidays, after the appearance. The
arrested person and the state's attorney of the county in which the hearing is to be
held must be informed of the time and place of the hearing. The judge shall release
the person upon conditions that will reasonably assure availability of the person for the
hearing or direct a law enforcement officer to maintain custody of the person until the
time of the hearing. Following the hearing, the judge shall issue an order to transfer
custody under section 29-06.1-04 unless the arrested person establishes by clear and
convincing evidence that the arrested person is not the person identified in the
warrant.

4. If the judge does not order transfer of custody, the judge shall order the arrested
person to be released.