40-18 Municipal Judges
Download pdf
Loading PDF...
<![CDATA[CHAPTER 40-18MUNICIPAL JUDGES40-18-01. Jurisdiction and qualifications of municipal judge.1.The municipal judge within a city having a population of five thousand or more must<br>be licensed to practice law in this state, unless no person so licensed is available in<br>the city. In a city with a population of less than five thousand, the municipal judge<br>need not be licensed to practice law in this state, nor may the judge be required to<br>be a resident of the city.The municipal judge has jurisdiction to hear, try, anddetermine offenses against the ordinances of the city.2.In a city with a population of less than five thousand, the city may, by resolution or<br>ordinance, require that municipal judges of the city be licensed to practice law in this<br>state.3.Notwithstanding any other provision of law, the municipal court has no jurisdiction to<br>hear, try, and determine an offense which would be a violation of section 39-08-01 or<br>equivalent ordinance, if the person charged with the offense has twice previously<br>been convicted of violation of section 39-08-01 or equivalent ordinance within the<br>five years preceding the commission of the offense charged or if the person charged<br>with the offense has three times previously been convicted of violation of section<br>39-08-01 or equivalent ordinance within the seven years preceding the commission<br>of the offense charged. If such an offense is charged in the municipal court and the<br>municipal judge has notice of violation of section 39-08-01 or equivalent ordinance<br>twice within the five years, or three times within the seven years, preceding the<br>commission of the offense charged, the municipal judge shall dismiss the charge,<br>without prejudice, and direct that the charge be filed against the person in the district<br>court.4.Notwithstanding any other provision of law, a municipal court in which the judge is<br>not a person licensed to practice law in this state has no jurisdiction to hear, try, and<br>determine an offense that would be a violation of section 39-08-01 or equivalent<br>ordinance.40-18-02.City justice of the peace - Jurisdiction and procedure.Repealed byS.L. 1959, ch. 268, </p>
<BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content -->
<BR class=clear></DIV>
<!-- /div id = livearea -->
<DIV></DIV><!-- /.col.one -->
<DIV></DIV><!-- /.col.main -->
<DIV></DIV><!-- /#content --><BR class=clear>
<DIV></DIV><!-- /#livearea -->
<!-- Footer-->
<DIV id=footer>
<DIV class=container>
<P class=copyright>Copyright © 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright -->
<P class=footerlinks><A
href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A
href="/terms.html">Terms</A> | <A
href="/privacy.html">Privacy</A></P><!-- /.footerlinks -->
</DIV><!-- /.container -->
</DIV><!-- /footer -->
</BODY></HTML>
]]>