§ 44-11-02 — Charges - How made - By whom prosecuted

North Dakota § 44-11-02

• Jurisdiction: North Dakota
• Title 44: Offices and Officers
• Ch. 44-11: Removal by Governor

Text

1. The petition against any official authorized to be removed by the governor must be
entitled in the name of this state and must be filed with the attorney general.
2. The charges against any official, other than a school board member, may be made
upon the petition of fifty qualified electors of the county in which the person charged is
an officer, or upon the petition of ten percent of the qualified electors voting at the
preceding general election for the office of governor in that political subdivision or
district in which the person charged is an officer, whichever is least, or by the state's
attorney of such county.
3. The charges against a school board member must be made upon a petition containing
the signatures of qualified electors of the school district equal in number to twenty
percent of the number of persons enumerated in the school census for that district for
the most recent year such census was taken, unless such census is greater than four
thousand in which case only fifteen percent of the number of persons enumerated in
the school census are required. However, not fewer than twenty-five signatures are
required unless the district has fewer than twenty-five qualified electors, in which case
the petition must be signed by not less than twenty-five percent of the qualified
electors of the district. In those districts with fewer than twenty-five qualified electors,
the number of qualified electors in the district must be determined by the county
superintendent for such county in which such school is located.
4. When the petition is filed, the attorney general shall conduct an investigation within
thirty days. Upon completion of the investigation, the attorney general shall make a
recommendation to the governor whether a removal proceeding should be conducted
by a special commissioner, and if so, whether the accused officer should be
suspended during the pendency of the proceeding.
5. Upon receipt of the recommendation of the attorney general, the governor shall
determine whether to proceed with the appointment of a special commissioner. If the
governor decides not to appoint a special commissioner, the governor shall notify the
individuals who filed the petition and summarize the reasons for the decision. If the
governor decides to appoint a special commissioner, the governor shall request that a
prosecutor draft and serve the official complaint against the officer.
a. When the officer sought to be removed is other than the state's attorney, the
state's attorney for the county involved or in which the political subdivision or
office is located, upon request of the governor, shall appear and prosecute. Upon
approval of the governor, the state's attorney may contract with a state's attorney
from another county or other competent attorney, or request the attorney general
to prosecute the proceedings.
b. When proceedings are brought to remove the state's attorney, the attorney
general shall appear on behalf of the state and prosecute such proceedings.
Upon approval of the governor, the attorney general may contract with a state's
attorney or other competent attorney.