23.0836.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2252
of North Dakota
Introduced by
Senator Magrum
Representatives Klemin, Rios
1 A BILL for an Act to create and enact a new section to chapter 27-05 of the North Dakota
2 Century Code, relating to judicial referees; to amend and reenact subsection 1 of section
3 11-18-03, subsection 21 of section 12.1-01-04, subsection 2 of section 14-02.1-03.1,
4 subsection 2 of section 14-05-24.2, subsection 1 of section 27-10-01.1, section 27-10-01.2,
5 section 27-10-09, subsection 1 of section 27-20.2-05, subsection 2 of section 27-20.2-21,
6 subsection 1 of section 27-20.3-04, section 27-20.3-10, subsection 1 of section 27-20.4-04,
7 subsection 3 of section 27-20.4-09, subsection 5 of section 27-23-01, sections 28-25-03,
8 28-25-10, and 28-25-16, subsection 1 of section 28-26-06, sections 28-26-08, 28-26-13, and
9 28-26-17, subsection 3 of section 29-01-14, sections 29-01-15, 32-15-22, and 32-34-11,
10 subsection 1 of section 44-04-18.3, section 54-12-01.3, and subdivision n of subsection 2 of
11 section 62.1-02-05 of the North Dakota Century Code, relating to the abolition of the position of
12 judicial referee; to repeal sections 27-05-30 and 27-08.1-08 of the North Dakota Century Code,
13 relating to judicial referees; and to provide an effective date.
14 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
15 SECTION 1. AMENDMENT. Subsection 1 of section 11-18-03 of the North Dakota Century
16 Code is amended and reenacted as follows:
17 1. A sheriff's or referee's certificate of sale on execution or on foreclosure of a mortgage.
18 SECTION 2. AMENDMENT. Subsection 21 of section 12.1-01-04 of the North Dakota
19 Century Code is amended and reenacted as follows:
20 21. "Official proceeding" means a proceeding heard or which may be heard before any
21 government agency or branch or public servant authorized to take evidence under
22 oath, including any referee, hearing examiner, commissioner, notary, or other person
23 taking testimony or a deposition in connection with any such proceeding.
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1 SECTION 3. AMENDMENT. Subsection 2 of section 14-02.1-03.1 of the North Dakota
2 Century Code is amended and reenacted as follows:
3 2. Any pregnant woman under the age of eighteen or next friend is entitled to apply to
4 the juvenile court for authorization to obtain an abortion without parental consent. All
5 proceedings on suchthe application must be conducted in the juvenile court of the
6 county of the minor's residence before a juvenile judge or referee, if authorized by the
7 juvenile court judge in accordance with the provisions of chapter 27-05, except that
8 the parental notification requirements of rules 3, 4, and 5 of the North Dakota Rules of
9 Juvenile Procedure are not applicable to proceedings under this section. A court may
10 change the venue of proceedings under this section to another county only upon
11 finding that a transfer is required in the best interests of the minor. All applications in
12 accordance with this section must be heard by a juvenile judge or referee within
13 forty-eight hours, excluding Saturdays and Sundays, of receipt of the application. The
14 juvenile judge or referee shall find by clear and convincing evidence:
15 a. Whether or not the minor is sufficiently mature and well informed with regard to
16 the nature, effects, and possible consequences of both having an abortion and
17 bearing her child to be able to choose intelligently among the alternatives.
18 b. If the minor is not sufficiently mature and well informed to choose intelligently
19 among the alternatives without the advice and counsel of her parents or
20 guardian, whether or not it would be in the best interests of the minor to notify her
21 parents or guardian of the proceedings and call in the parents or guardian to
22 advise and counsel the minor and aid the court in making its determination and to
23 assist the minor in making her decision.
24 c. If the minor is not sufficiently mature and well informed to choose intelligently
25 among the alternatives and it is found not to be in the best interests of the minor
26 to notify and call in her parents or guardian for advice and counsel, whether an
27 abortion or some other alternative would be in the best interests of the minor.
28 SECTION 4. AMENDMENT. Subsection 2 of section 14-05-24.2 of the North Dakota
29 Century Code is amended and reenacted as follows:
30 2. A summary real estate disposition judgment must contain the following information:
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1 a. The full caption and file number of the case and the title "Summary Real Estate
2 Disposition Judgment";
3 b. The dates of the parties' marriage and of the entry of the judgment and decree of
4 divorce;
5 c. The names of the parties' attorneys or if either or both appeared pro se;
6 d. The name of the judge and referee, if any, who signed the order for judgment and
7 decree;
8 e. Whether the judgment and decree resulted from a stipulation, a default, or a trial
9 and the appearances at the default or trial;
10 f. If the judgment and decree resulted from a stipulation, whether the real property
11 was described by a legal description;
12 g. If the judgment and decree resulted from a default, whether the petition contained
13 the legal description of the property and whether disposition was made in
14 accordance with the request for relief;
15 h. Whether the summons and petition were served personally upon the respondent
16 in accordance with the North Dakota Rules of Civil Procedure;
17 i. If the summons and petition were served on the respondent only by publication,
18 the name of each legal newspaper and county in which the summons and
19 petition were published and the dates of publications;
20 j. Whether either party changed the party's name through the judgment and
21 decree;
22 k. The legal description of each parcel of real estate;
23 l. The name or names of the persons awarded an interest in each parcel of real
24 estate and a description of the interest awarded;
25 m. Liens, mortgages, encumbrances, or other interests in the real estate described
26 in the judgment and decree; and
27 n. Triggering or contingent events set forth in the judgment and decree affecting the
28 disposition of each parcel of real estate.
29 SECTION 5. A new section to chapter 27-05 of the North Dakota Century Code is created
30 and enacted as follows:
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1 Judicial referees abolished - Election of additional district court judges - Case file
2 transition - Budget considerations.
3 1. Judicial referee positions are abolished as of the date the position is vacated by a
4 judicial referee in office on the effective date of this Act or January 1, 2029, whichever
5 is earlier. Upon abolition of a judicial referee position, a district court judgeship must be
6 established in its place until all five judicial referee positions have been replaced by
7 district court judgeships.
8 2. The district court judgeships established under this section must be filled by
9 gubernatorial appointment under section 13 of article VI of the Constitution of North
10 Dakota. All statutes relating to the district court apply to the district court judgeships
11 established under this section.
12 3. The supreme court shall designate, pursuant to supreme court rules, the judicial
13 district for each additional district court judgeship established under this section.
14 a. The governor shall appoint an individual to fill each additional district court
15 judgeship established by this section in accordance with law.
16 b. An individual appointed by the governor to a judgeship under this section shall
17 hold office until the next general election occurring at least two years after the
18 appointment.
19 c. After the initial term, a judge elected to a judgeship established by this section
20 holds office for the term provided in section 27-05-02.
21 4. Beginning in 2024, the budget for the district courts submitted to the legislative
22 assembly under section 27-01-01.1 and to the director of the budget for informational
23 purposes under section 54-44.1-13 must include all salaries and expenses for the
24 district court judgeships established under this section.
25 SECTION 6. AMENDMENT. Subsection 1 of section 27-10-01.1 of the North Dakota
26 Century Code is amended and reenacted as follows:
27 1. "Contempt of court" means:
28 a. Intentional misconduct in the presence of the court which interferes with the court
29 proceeding or with the administration of justice, or which impairs the respect due
30 the court;
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1 b. Intentional nonpayment of a sum of money ordered by the court to be paid in a
2 case when by law execution cannot be awarded for the collection of the sum;
3 c. Intentional disobedience, resistance, or obstruction of the authority, process, or
4 order of a court or other officer, including a referee or magistrate;
5 d. Intentional refusal of a witness to appear for examination, to be sworn or to
6 affirm, or to testify after being ordered to do so by the court;
7 e. Intentional refusal to produce a record, document, or other object after being
8 ordered to do so by the court;
9 f. Intentional behavior in derogation of any provision of a summons issued pursuant
10 to rule 8.4 of the North Dakota Rules of Court; or
11 g. Any other act or omission specified in the court rules or by law as a ground for
12 contempt of court.
13 SECTION 7. AMENDMENT. Section 27-10-01.2 of the North Dakota Century Code is
14 amended and reenacted as follows:
15 27-10-01.2. Power of court to punish for contempt of court.
16 1. A court of record of this state may impose a remedial or punitive sanction for contempt of
17 court under this chapter.
18 2. Upon the trial of an action or issue by a referee appointed by the court, the
19 commission of any offense that constitutes contempt of court must be deemed
20 contempt of the court appointing the referee, and the offense may be punished by the
21 court in the manner and upon the proceedings in this chapter provided, except that the
22 offense may be presented to the court by a report of the referee instead of by affidavit.
23 SECTION 8. AMENDMENT. Section 27-10-09 of the North Dakota Century Code is
24 amended and reenacted as follows:
25 27-10-09. Papers to be served on person arrested for contempt.
26 When a person accused of contempt is arrested under a warrant of attachment, a copy of
27 the warrant and of the affidavit or report of a referee upon which it is issued must be served
28 uponon the accused.
29 SECTION 9. AMENDMENT. Subsection 1 of section 27-20.2-05 of the North Dakota
30 Century Code is amended and reenacted as follows:
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1 1. For the purpose of carrying out the objectives and purposes of this chapter and
2 subject to the limitations of this chapter or imposed by the court, a director shall:
3 a. Make investigations, reports, and recommendations to the juvenile court.
4 b. Receive and examine referrals and charges of delinquency, a child in need of
5 services, or a child in need of protection for the purpose of considering the
6 commencement of proceedings under this chapter.
7 c. Make a determination upon intake of referrals regarding the appropriate manner
8 to handle delinquent conduct, or a child in need of services or a child in need of
9 protection by use of nonjudicial adjustments or formal court processes.
10 d. Supervise and assist a child placed on probation for delinquency or a child in
11 need of services, or both.
12 e. Make appropriate referrals to other private or public agencies of the community if
13 assistance of the agencies appears to be needed or desirable.
14 f. Issue a temporary custody order concerning a child who is referred to the
15 director's supervision or care as a delinquent or a child in need of services or
16 protection. Except as provided by this chapter, a director does not have the
17 powers of a law enforcement officer.
18 g. Take acknowledgments of instruments for the purpose of this chapter.
19 h. Make such temporary order not to exceed ninety-six hours for the custody and
20 control of a child alleged to be in need of services or protection as may be
21 deemed appropriate. The order must be reduced to writing within twenty-four
22 hours, excluding holidays and weekends.
23 i. Perform all other functions designated by this chapter or under section 27-05-30
24 or by order of the court pursuant to such law, including, if qualified, the order of a
25 referee.
26 j. Issue an order to a law enforcement authority to transport a child to and from a
27 specified location.
28 k. Receive and examine requests for review of a child's placement at a qualified
29 residential treatment program under the federal Family First Prevention Services
30 Act [Pub. L. 115-123; 132 Stat. 64; 42 U.S.C. 675].
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1 l. Receive and examine petitions to establish, modify, or terminate a guardianship
2 of a minor under chapter 27-20.1.
3 SECTION 10. AMENDMENT. Subsection 2 of section 27-20.2-21 of the North Dakota
4 Century Code is amended and reenacted as follows:
5 2. Juvenile court files and records are also open to inspection with written leave of a
6 juvenile court judge or judicial referee to whom juvenile court matters have been
7 referred:
8 a. Upon a showing in writing of a legitimate interest in a proceeding or in the work of
9 the juvenile court, but only to the extent necessary to respond to the legitimate
10 interest; and
11 b. By the principal of any public or private school that is a member of the North
12 Dakota high school activities association, or the superintendent of any school
13 district that has one or more schools involved in the association, but only to the
14 extent necessary to enforce the rules and regulations of the North Dakota high
15 school activities association.
16 SECTION 11. AMENDMENT. Subsection 1 of section 27-20.3-04 of the North Dakota
17 Century Code is amended and reenacted as follows:
18 1. For the purpose of carrying out the objectives and purposes of this chapter and
19 subject to the limitations of this chapter or imposed by the court, a director shall:
20 a. Make investigations, reports, and recommendations to the juvenile court.
21 b. Receive and examine referrals of a child in need of services or child in need of
22 protection for the purpose of considering diversion of services.
23 c. Make a determination upon intake of referrals regarding the appropriate manner
24 to handle delinquent conduct, a child in need of services, or a child in need of
25 protection under this chapter.
26 d. Make appropriate referrals to other private or public agencies of the community if
27 their assistance appears to be needed or desirable.
28 e. Issue a temporary custody order concerning a child who is referred to the
29 director's supervision or care as a child in need of services or a child in need of
30 protection. Except as provided by this chapter, a director does not have the
31 powers of a law enforcement officer.
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1 f. Take acknowledgments of instruments for the purpose of this chapter.
2 g. Make such temporary order not to exceed ninety-six hours for the custody and