All data is current as of 2013, unless otherwise noted.
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How the right to counsel is administered and structured
State commission: yes
Branch of government: executive
The North Dakota Commission on Legal Counsel for Indigents (CLCI) is an independent seven-person commission of the executive branch responsible for developing standards governing the representation of indigent persons. Commission members are appointed by diverse authorities: Governor (2 appointees, one from a county of less than 10,000 people); House of Representatives (1); Senate (1); Chief Justice (2 appointees, one from a county of less than 10,000 people); and, North Dakota State Bar Association (1).
Though CLCI has the statutory authority to establish standards to control workload for both public defenders and contract counsel, they have not yet done so. CLCI has worked methodically since its creation in 2005 to gather sound objective data before adopting workload standards.
How the right to counsel is funded
Percentage of state funding: 100%
Percentage of local funding: 0%
Percentage of alternate funding: 0%
The methods used to provide public counsel
The North Dakota Commission on Legal Counsel for Indigents (CLCI) has established six full-time public defender offices (Dickinson, Minot, Williston, Grand Forks, Fargo, and Bismarck) since 2005. Private attorneys who are under contract to CLCI handle conflict cases in these six regions, as well as all indigent defense services in regions where there is no full-time public defender office.
Legal authority
North Dakota Constitution, art. I, § 12
North Dakota Century Code, §§ 54-61-01 through 54-61-04
Source of data: original research conducted by Sixth Amendment Center staff.
