40-18 Municipal Judges - North Dakota Statutes

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CHAPTER 40-18MUNICIPAL JUDGES40-18-01. Jurisdiction and qualifications of municipal judge.1.The municipal judge within a city having a population of five thousand or more must
be licensed to practice law in this state, unless no person so licensed is available in
the city. In a city with a population of less than five thousand, the municipal judge
need not be licensed to practice law in this state, nor may the judge be required to
be a resident of the city.The municipal judge has jurisdiction to hear, try, anddetermine offenses against the ordinances of the city.2.In a city with a population of less than five thousand, the city may, by resolution or
ordinance, require that municipal judges of the city be licensed to practice law in this
state.3.Notwithstanding any other provision of law, the municipal court has no jurisdiction to
hear, try, and determine an offense which would be a violation of section 39-08-01 or
equivalent ordinance, if the person charged with the offense has twice previously
been convicted of violation of section 39-08-01 or equivalent ordinance within the
five years preceding the commission of the offense charged or if the person charged
with the offense has three times previously been convicted of violation of section
39-08-01 or equivalent ordinance within the seven years preceding the commission
of the offense charged. If such an offense is charged in the municipal court and the
municipal judge has notice of violation of section 39-08-01 or equivalent ordinance
twice within the five years, or three times within the seven years, preceding the
commission of the offense charged, the municipal judge shall dismiss the charge,
without prejudice, and direct that the charge be filed against the person in the district
court.4.Notwithstanding any other provision of law, a municipal court in which the judge is
not a person licensed to practice law in this state has no jurisdiction to hear, try, and
determine an offense that would be a violation of section 39-08-01 or equivalent
ordinance.40-18-02.City justice of the peace - Jurisdiction and procedure.Repealed byS.L. 1959, ch. 268,