North Dakota § 29-07-01.1 Payment of expenses for defense of indigents - Indigent defense administration fund - Continuing appropriation

North Dakota Statutes

§ 29-07-01.1 — Payment of expenses for defense of indigents - Indigent defense administration fund - Continuing appropriation

North Dakota § 29-07-01.1

Title 29Judicial Procedure, Criminal

Ch. 29-07Preliminary Examinations

This text of North Dakota § 29-07-01.1 (Payment of expenses for defense of indigents - Indigent defense administration fund - Continuing appropriation) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 29-07-01.1 (2026).

Text

administration fund - Continuing appropriation.

1.Lawyers provided to represent indigent persons must be compensated at a reasonable rate to be determined by the commission on legal counsel for indigents. Expenses necessary for the adequate defense of an indigent person prosecuted in district court, other than for a violation of a home rule county's ordinance, when approved by the commission, must be paid by the state. Expenses necessary for the adequate defense of an indigent person prosecuted for violation of a home rule county's ordinance must be paid by the home rule county. Expenses necessary for the adequate defense of an indigent person prosecuted for a violation of a municipal ordinance, when approved by the judge, must be paid by the city in which the alleged offense took place.

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administration fund - Continuing appropriation.
1. Lawyers provided to represent indigent persons must be compensated at a reasonable
rate to be determined by the commission on legal counsel for indigents. Expenses
necessary for the adequate defense of an indigent person prosecuted in district court,
other than for a violation of a home rule county's ordinance, when approved by the
commission, must be paid by the state. Expenses necessary for the adequate defense
of an indigent person prosecuted for violation of a home rule county's ordinance must
be paid by the home rule county. Expenses necessary for the adequate defense of an
indigent person prosecuted for a violation of a municipal ordinance, when approved by
the judge, must be paid by the city in which the alleged offense took place. The city
shall pay the expenses in any matter transferred to district court under section
40-18.1-18, 40-18.1-23, 40-18.1-24, or 40-18.1-25, in any appeal taken to district court
from a judgment of conviction in municipal court under section 40-18.1-19 or
40-18.1-20, and in an appeal or postconviction matter seeking relief from a conviction
resulting from violation of a municipal ordinance. A defendant requesting
representation by counsel at public expense, or for whom counsel provided at public
expense without a request is considered appropriate by the court, shall submit an
application for indigent defense services.
2. The indigent defense administration fund is a special fund in the state treasury. The
state treasurer shall deposit in the fund all application fees collected under
subsection 1. All moneys in the indigent defense administration fund are appropriated
on a continuing basis to the commission on legal counsel for indigents to be used in
the administration of the indigent defense system.