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<br />:lH'i\ICIPA:_ ,;r '\TP.\;:llE,"
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<br />~~ 3titJ""l:. ::i92-L R.', H~';.. 4i;-1,~t);::j ;o;.l.
<br />195~ cr. 16). , Ii- l~h~ {-: :2"", "" Hlh-
<br />01. 32".' 12~
<br />
<br />40-18-06. Salary of municipal judge - Payment of funds to
<br />treasury. Th~, munlclpal.lUdgp mUEt bp paid a salary o~. th", city and ma.\'
<br />not Of: paid In relatIon to fees or fine~ coHected b~- the municipal court. Tht-
<br />mUnIcIpal judge'~ salary may not Of' reauced dunng the municipal judge's
<br />term of office.
<br />At the end of each month. the municipal judge shall make and file with
<br />the city auditor a written report under oath showing an account of all fees,
<br />fines, costs, forfeitures, and any other monetary consideration collected by
<br />the court during the preceding month and showing the actions in which the
<br />fees were collected. The municipal court shall pay the amount offees, fines,
<br />costs, forfeitures, and any other monetary consideration collected to the city
<br />treasury at the end of each month. The judge's salary may not be paid until
<br />the judge has complied with this section.
<br />
<br />Source: S.L. 1877, ch. 73. art. 5. * 12;
<br />1893, ch. 35, S 1; RC. 1895, S 2166; RC.
<br />1899. * 2166; S.L. 1905. ch. 62, * 67; RC.
<br />1905. * 2698; C.L. 1913. * 3622; RC'. 1943.
<br />
<br />* 40-1806; S.L. 1959. ch. 268, * 32; 1965, ch.
<br />286, * 5; 1975, ch. 373, * 1; 1983, ch. 82.
<br />* 79; 1987, ch. 375, * 6
<br />
<br />40-18-06.1. Municipal court clerk - Appointment - Salary _
<br />Authority. The governing body of a city. with the consent of its municipal
<br />judge. may appoint an~' qualified person to serv", as municipal court clerk or
<br />deputy clerk for municipal ordinance violations. A muniCIpal court clerk or
<br />deputy clerk is entitled to receive a salary as fixed by the governing body.
<br />Th", municipal judge is responsible for the supervision of the municipal
<br />court clerk or deputy clerk when the clerk or deputy clerk is performing
<br />judicial or administrative functions on behalf of the municipal court. The
<br />municipal judge may assign responsibilities to the municipal court clerk or
<br />deputy clerk, including the administration of the office of the municipal
<br />court and the supervision of other personnel of that office. The supreme
<br />court ma~' adopt rules for thE! qualificatIons of muniCIpal court clerks and
<br />deputy clerks. thp extent and assignment of authority bv municipal judges.
<br />and th€' conduct of thp offic~'. includmg rules for traimng seSSIOni' and for
<br />continuing education
<br />
<br />Source: S.L. 1987. cb. :>75, ~ 7; 1997. ch.
<br />351, * 1
<br />
<br />40-18-06.2. Transfer of municipal ordinance cases to district
<br />court - Abolition of office of municipal judge. With the agreement of
<br />the governing bod v of the county, the presiding judge of the judicial district
<br />in which the city is located, and the state court administrator. the governing
<br />body of a city may. b~' ordinance. transfer some or all of the cases of the
<br />municipal court to the district court servIng the county in which the city is
<br />located. These cases are deemed districl court cases for purposes of appeal.
<br />
<br />1:34
<br />
<br />
<br />~p ':<]"nl.~.._ .]l.'{)(;I:.:--
<br />
<br />4\1-11'-1~
<br />
<br />The gm-ernlll[:" 000:-' 01 ,1 Clt" WItl. a populatior; of iess tnan five thousand.
<br />upon transternng all mUnICIpal court cases to th€' dlstl'lct court. may abolish
<br />b~' resolutIon the offic~. 0: municipal Judge. The term of office ~f the
<br />muniCiPal. Judge el.ected.. tu .serv€' that city ter~inates upon the date the
<br />govermng oody of the Clt~. aoolIshes the office of mUl1lclpa] Judge.
<br />
<br />Source: S.L 1987. en. :17:;. ~ b. 1991. cl.
<br />326. ~~ 156. lS7
<br />
<br />40-18-07. Warrants of arrest issued by municipal judge - Service
<br />of warrant. Superseded by N.D.R.Crim.P., Rule 4.
<br />
<br />40-18-08. Warrants issued by municipal judge to run to whom.
<br />Superseded by N.D.R.Crim.P., Rule 4.
<br />
<br />40-18-09. Subpoena of witnesses - Continuance of trial- Verbal
<br />notice to witnesses to attend. Superseded by N.D.R.Crim.P" Rule 17.
<br />
<br />40-18-10. Trials for misdemeanors before municipal judge gov-
<br />erned by justice court procedure. Repealed by S.L. 1967. ch. 327. * 4.
<br />
<br />40-18-11. How proceedings in criminal cases not provided for in
<br />this chapter to be governed. Superseded by I\'.D.R.Crim.P.. Rules 1. 54.
<br />
<br />40-18-12. Commitment for violation of city ordinance - Limita.
<br />tion - Labor in lieu of fine - Diagnosis and treatment of persons
<br />convicted while driving under the influence. If the defendant is found
<br />guilty of the violation of a municipal ordinance and is committed as provided
<br />in section 40-11-12. the governing body may provide by ordinance that the
<br />defendant work for th!' city at such labor as the defendant's strength and
<br />health permit. not exceeding eight hours in each working day. For that work.
<br />the person so imprisoned must be allowed for each day. exclusive of board.
<br />ten dollars on account of the fines and costs assessed. If a person is convicted
<br />under an ordinanc€' prohibIting dnving or being in phYSIcal control of a
<br />vehicle whij€, under the intluence of an intoxicating liquor or a narcotic drug.
<br />the court shall order th~. peri'OIi t/l an appropriatp licensed addiction
<br />treatment progTam for addiction €-valuation.
<br />
<br />Source: Pol ( 187';. ch. ~4. *~ 67. 7U,
<br />S.L. 1887. ch. 73. art. 4. * 4. art. lV. * 7: R.C
<br />1895, ** 2151. 2199. 2409, 241~; RC. 1899.
<br />** 2151. 2199. 2409. 2412; S.L 1905. ch. 62.
<br />~* 52. 96: RC 1905. ** 2683. 2729. 2917.
<br />2920; C.L. 1913. !i* 3604. 3653. 3923, 3926;
<br />RC. 1943, * 40-1812; S.L 1967. eh. 11:>. * 2;
<br />1967,ch.323.* 129; 1973.ch. 302. * 2; 1975.
<br />ch. 106, * 455; 1983, ch. 415. * 37; 1985. ell
<br />429. * 22
<br />
<br />tIClpatlon In addictIon trpatment program.
<br />se.. ~ 3H-06.1.} O.
<br />LImitations on city fines and penaltIes. sel'
<br />~ 40-05-06.
<br />Motor vehIcle convictIons reponed to li-
<br />censing authority. see * 39-07-11.
<br />
<br />Collateral References.
<br />Operation of bicycle as within drunk driv-
<br />mg- statutI:. n A.L.R4th 1139.
<br />
<br />Cross-References.
<br />Dri\'inp- undE'r thf' mti.uenn-. reUUlrJt1v par-
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<br />la;\
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