North Dakota

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Color Key Explanation
Categorical Right To Counsel There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).
Discretionary Appointment Of Counsel Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.
Right Or Appointment Is Qualified The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.
No Such Proceeding This state has no law creating a judicial proceeding of this type.
None While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.
Other Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent parents at most stages of the abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: yes

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for children in abuse/neglect proceedings in certain circumstances.

Appointment of Counsel: categorical Qualified: yes

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Civil Contempt in Family Court

Litigation

Key_development Question_mark

Right to counsel

The North Dakota Supreme Court found a federal due process right to counsel in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: yes

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent subjects of civil commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Litigation

Key_development Question_mark

Right to counsel

The North Dakota Supreme Court found a federal due process right to counsel in civil commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to an attorney in guardianship proceedings, but the attorney serves in an ad litem capacity.

Appointment of Counsel: categorical Qualified: yes

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Incarceration for Fees/Fines (incomplete)

Litigation

Key_development Question_mark

Right to counsel

The North Dakota Supreme Court found a federal due process right to counsel in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: yes

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Quarantine/Inoculation

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for various kinds of quarantine proceedings.

Appointment of Counsel: categorical Qualified: no

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Sexually Dangerous Persons - Commitment

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent respondents in sexually violent person commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (Private) - Children

Legislation

Key_development Question_mark

Right to counsel

Children have a right to counsel for adoptions conducted under the Juvenile Code, but it is discretionary under the Adoption Code.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

Counsel must be appointed for the child in certain circumstances in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: yes

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Termination of Parental Rights (Private) - Birth Parents

Litigation

Key_development Question_mark

Right to counsel

The ND Supreme Court found a right to counsel for indigent parents in adoption cases under the state constitution's equal protection clause.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents have a right to counsel in termination of parental rights proceedings.

Appointment of Counsel: categorical Qualified: no

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Truancy - Petition Against Child

Legislation

Key_development Question_mark

Right to counsel

Indigent children in North Dakota have a right to counsel in truancy cases (which are treated as an "unruly child" matter).

Appointment of Counsel: categorical Qualified: no

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