27-05.2 Clerk of District Court Funding and Fees
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each county in this state. It is also the intent of the legislative assembly that funding for clerk of
district court services be provided by the state judicial system within the limits of legislative
appropriations and in cooperation with the several boards of county commissioners of the various
counties in this state.27-05.2-02. State funding of clerk of district court services - Agreements to provideservices - 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.Suchservices 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 stateemployee, 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.Page No. 14.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 countycommissioners 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 mustprovide clerk of district court services at its own expense under subsection 2.27-05.2-03. Fees to be charged by the clerk of the district court.1.A clerk of the district court shall charge and collect the following fees in civil cases:a.For filing a case for decision that is not a small claims action, eighty dollars.Page No. 2(1)Fifteen dollars of this fee must be paid by the clerk of court to the state
treasurer for deposit in the civil legal services fund. Any fees collected
under this paragraph which exceed six hundred fifty thousand dollars in
any biennium must be paid by the clerk of court to the state treasurer for
deposit in the state general fund.(2)For the filing of a petition for dissolution of marriage, annulment, or
separation from bed and board, fifty dollars of this fee must be paid by
the clerk of court to the state treasurer for deposit in the displaced
homemaker account created by section 14-06.1-14 and fifteen dollars of
this fee must be paid by the clerk of court to the state treasurer for
deposit in the state general fund.(3)For all other filings, sixty-five dollars of this fee must be paid by the clerk
of court to the state treasurer for deposit in the state general fund.b.For filing an answer to a case that is not a small claims action, fifty dollars. The
clerk shall deposit this fee with the state treasurer for deposit in the general
fund in the state treasury.c.For filing a small claims action in district court, ten dollars.d.For filing any matter authorized to be filed in the office of the clerk of court other
than under subdivision a, b, or c, ten dollars.e.For preparing, certifying, issuing, or transmitting any document, ten dollars, or a
lesser fee as may be set by the state court administrator.f.For filing a motion or an answer to a motion to modify an order for alimony,
property division, child support, or child custody, thirty dollars. The clerk shall
deposit this fee with the state treasurer for deposit in the general fund of the
state treasury.2.Section 27-01-07 applies to fees charged under this section. The clerk of court may
not charge or collect any fee, prescribed by this or any other section, from the state
or an agency thereof or from a political subdivision or agency thereof.27-05.2-04. Clerk to keep record of fees - Monthly report to county auditor or statetreasurer - 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 eachcalendar 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 acontinuing 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 facilitatePage No. 3making 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 makepayments 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 47-30.1.27-05.2-05.Decree or judgment of divorce, annulment, or paternity filed withregistrar of vital statistics. The clerk of the district court in which any decree or judgment of
divorce, annulment of marriage, or paternity has been entered shall within fifteen days of the
filing thereof notify the state registrar of vital statistics of the entry of the decree or judgment of
divorce, annulment of marriage, or paternity and shall furnish such information relating thereto as
the state registrar may require upon such forms as may be furnished by the state registrar.27-05.2-06. Records maintenance and disposal. A clerk of district court shall maintainand dispose of court records in accordance with rules, policies, and procedures adopted by the
supreme court.27-05.2-07. Penalty for neglect of duty. If an ex officio clerk of the district court violatesthe clerk's oath of office or neglects or refuses to perform any of the duties of office and any
person is injured or aggrieved by such violation or neglect, such person may institute legal
proceedings upon the bond of the clerk and recover double the amount of damages actually
sustained. For each such violation or neglect by the clerk, the county treasurer shall collect a
forfeiture of not less than fifty dollars.27-05.2-08. Court facilities improvement and maintenance fund - Administration -Continuing appropriation. The court facilities improvement and maintenance fund is a special
fund in the state treasury. The state treasurer shall deposit in the fund certain fees collected
under section 29-26-22. All moneys in the fund are appropriated on a continuing basis to be
used as provided in this chapter.27-05.2-09. Court facilities improvement advisory committee - Members.1.The court facilities improvement advisory committee consists of:a.One member appointed by the North Dakota association of counties to
represent counties with a population fewer than seven thousand five hundred.b.One member appointed by the North Dakota association of counties to
represent counties with a population of seven thousand five hundred or more.c.One member, who shall serve as chairman of the committee, appointed by the
chief justice of the supreme court.d.One member appointed by the state bar association of North Dakota.e.One member appointed by the chairman of the legislative management.2.The term of each member is three years.Initially, as determined by lot, onemember shall serve for one year, two members shall serve for two years, and two
members shall serve for three years.At the end of the member's term, theappointing authority shall appoint a successor for a full three-year term. A member
may not serve more than two 3-year terms.A vacancy must be filled by theappointing authority for the remainder of the term.3.At the initial meeting of the committee, the committee shall adopt rules of operation
and procedure for the committee.The committee shall submit the rules to thePage No. 4supreme court for approval. The rules of operation must provide that a quorum of
the committee consists of at least four members.4.The members of the committee are entitled to reimbursement for travel and
expenses as provided by law for other state officers. Travel and expense costs must
be paid from funds from the court facilities improvement and maintenance fund.5.The supreme court shall provide staff services for the committee.27-05.2-10.Application for grants from court facilities improvement andmaintenance fund. Moneys in the court facilities improvement and maintenance fund may be
used by the court facilities improvement advisory committee to make grants to counties to
provide funds for court facilities improvement and maintenance projects. The committee shall
review applications to determine if the purpose of a grant is consistent with the purposes of the
fund and if the proposed project is a necessary improvement to court facilities or essential to
remodel or maintain existing court facilities in the applicant county. A grant may be awarded to a
county only if the applicant county agrees to provide local funding for the project in an amount at
least equal to twenty-five percent of the total cost of the project. The committee shall ensure that
at least twenty-five percent of funds granted during a biennium are allocated to counties with a
population fewer than seven thousand five hundred. Grants disbursed under this section may be
used only to improve or provide essential remodeling or maintenance to facilities used for
chambers, courts, and court-related services.Page No. 5Document Outlinechapter 27-05.2 clerk of district court funding and fees