[Code 1957, § 18.1]
The municipal judge shall give a bond in the sum of $1,000.
[Code 1957, § 18.2]
The municipal judge shall perform the duties as required by
law and by the ordinances of the city.
[Code 1957, § 18.3]
It shall be the duty of the municipal judge to make monthly
reports of all criminal proceedings in the municipal court for the
preceding month, on the first day of each month, and to have the same
on file with the city auditor before the first weekly meeting of each
month of the board of city commissioners.
[Code 1957, § 18.4; Ord. No. 785, 12-12-1995]
(a)
All fees for arrests and fines received by the municipal judge shall
be paid into the city treasury by the municipal judge and the same
shall inure to the benefit of the city and not to the municipal judge.
His salary shall be his only remuneration.
(b)
All fines, penalties, and forfeitures collected as a result of a
judgment from a district court rendered pursuant to Section 40-18-15.1
N.D.C.C. (transfers to district court for jury trial) shall be paid
into the city's general fund at least once each quarter.
The municipal judge may, in his discretion, upon the conviction
of any person of any offense against any of the ordinances of the
city, then and there impose a sentence of imprisonment as may be regulated
by such ordinances, or defer imposition of sentence or suspend the
sentence imposed on such person for a period not to exceed one year
from date of such conviction; and may, during such period, allow the
defendant to go upon his own recognizance, or upon such bail as may
be regulated by law or the ordinances of this city; and may, in his
discretion, at or before the expiration of such period have the defendant
brought before him and commit such defendant or cause such sentence
or imprisonment to be then and there imposed and executed in like
manner, so far as applicable, as may be provided by law or the ordinance
in cases where the commitment and imposition of the sentence of imprisonment
is not deferred or suspended and may then and there forthwith commit
such defendant and require that such sentence of imprisonment be executed
and carried out.
[Ord. No. 739, 2-26-1991]
A municipal judge has the power to enforce due obedience to
the court's orders and judgments. The judge may fine or imprison
for contempt committed in the judge's presence while holding
court, as well as for contempt of process issued, and of orders made
by the judge. When an act or omission constituting a contempt in a
municipal court is not committed in the presence of the municipal
judge, an affidavit alleging the facts may be filed and a warrant
of arrest thereupon may issue on which the person accused may be arrested
and brought before the municipal judge immediately. The person must
be given a reasonable opportunity to employ counsel and defend against
the alleged contempt. After hearing the allegations and proofs, the
municipal judge may discharge the person or adjudge the person guilty
and may punish by fine or imprisonment or both. The fine in any case
may not be more than $500 and the imprisonment may not be more than
30 days.
[Ord. No. 790, 4-23-1996; Ord. No. 1064, 6-13-2017]
The Municipal Judge is authorized to assess a fee of $25 as
a part of a sentence imposed on a defendant who pleads guilty to or
is convicted of a criminal offense for which the maximum penalty that
may be imposed by law for the offense includes imprisonment.
The fee assessed is in addition to any fine, penalty, costs,
or administrative fee prescribed by law. The Municipal Judge may assess
the fee when sentence is imposed or when sentence is suspended or
imposition of sentence is deferred, unless the defendant is indigent
and unable to pay the fee.
All fees paid to the City must be deposited monthly in the City
Treasury for allocation on an annual basis by the Governing Body of
the City to one or more of the following programs as determined by
the Governing Body.
(a)
A victim witness assistance program of which the primary function
is to provide direct services to victims of and witnesses to crime.
(b)
A private, nonprofit domestic violence or sexual assault program.
(c)
The Statewide automated victim information and notification system,
as provided for under N.D.C.C. § 12.1-34.
