North Dakota
The state of North Dakota funds and administers indigent defense services in adult criminal trials for most court levels. Local governments are responsible for other court levels. A state commission is responsible for providing oversight of state-administered services only.
The state of North Dakota funds and administers almost all indigent defense services for adult criminal cases in its appellate courts. Local governments are responsible for a small portion of cases. A state commission provides oversight of state-administered services only.
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53 Counties Primarily State Funded
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53 Counties Primarily State Administered
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53 Counties with a Commission With Limited Authority
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53 Counties Primarily State Funded
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53 Counties Primarily State Administered
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53 Counties with a Commission With Limited Authority
The state-funded North Dakota Commission on Legal Counsel for Indigents (CLCI) administers all indigent defense services, except for violations of county ordinances and municipal matters heard in municipal court or transferred to district court. CLCI provides services through public defender offices and monthly contracts with private attorneys. Counties and municipalities may request that CLCI provide services in cases for which they are responsible, but the localities must still pay for the services received. CLCI also provides appellate representation.
CLCI is responsible for overseeing state-administered indigent defense services. Diverse authorities appoint the commission’s seven members, who in turn appoint a director. The CLCI director is responsible for setting standards, among other duties. The state has no oversight of locally administered services unless a locality has chosen to contract with the state for services.
The state-funded North Dakota Commission on Legal Counsel for Indigents (CLCI) administers almost all appellate representation across the state. Appeals from local ordinance violations, which make it to the state’s appellate courts, are the responsibility of the local government in which they arise. CLCI provides services through contracts with private firms. Local governments may request that CLCI provide services in cases for which they are responsible, but the localities must still pay for the services received.
CLCI is responsible for overseeing state-administered appellate services. Diverse authorities appoint the commission’s seven members, who in turn appoint a director. The CLCI director is responsible for setting standards, among other duties. The state has no oversight of local indigent defense unless a locality has chosen to contract with the state for services.
Dig Deeper
Who serves on the commission?
Where does state funding come from?
Is an indigent defendant required to pay a fee for their appointed counsel?
In which branch of state government does the indigent defense system reside?
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Criminal justice issues that disproportionately harm poor people, such as wrongful convictions and over-incarceration, cannot be fixed if indigent defendants are given attorneys who do not have the time, resources, or qualifications, to be a constitutional check on government. Yet, investment in improving indigent defense services remains largely neglected. The Sixth Amendment Center is the only nonprofit organization in the country that exclusively examines, uncovers, and helps fix the root of the indigent defense crisis in which inequality is perpetuated because poor defendants do not get a fair fight.
The Sixth Amendment Center is a tax-exempt 501(c)(3) nonprofit organization under EIN: 45-3477185.
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