North DakotaNorth Dakota funds lawyers for people in custody at first appearances
North Dakota provides up to $463,644 for lawyers at first court appearances for people in custody, who are presumed unable to afford lawyers when courts set release conditions.
What it does
The law sets aside up to $463,644 from the state general fund for lawyers serving people in custody at first court appearances during July 2025–June 2027.
North Dakota courts presume people in custody cannot afford a lawyer when setting release conditions at their first court appearance. This rule took effect January 1, 2026.
Argument forAccess to lawyers at first court appearances could help people in custody explain their circumstances when judges decide release conditions.
Argument againstPaying for these lawyers could leave up to $463,644 less in the state's general fund for other public needs.
More detail
The law provides money to the Commission on Legal Counsel for Indigents, which oversees state-funded lawyers for people who cannot afford them. The money pays for lawyers serving people in custody at their first court appearances. Spending is limited to $463,644 or as much of that amount as necessary. The funding covers the two-year period beginning July 1, 2025, and ending June 30, 2027.
Courts presume people in custody cannot afford a lawyer when setting release conditions at their first court appearance. The presumption covers people in custody appearing in North Dakota courts. Section 1, which contains the presumption, took effect January 1, 2026.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Apr 24Filed with Secretary Of State 04/23Latest
- Apr 23Signed by Governor Kelly Armstrong 04/22Became Law
- Apr 21Sent to GovernorTo Governor
- Apr 21Signed by President
- Apr 21Signed by Speaker
- Apr 16Second reading, passed, yeas 47 nays 0Major
- Vote recorded Motion for Final Passage on SB 2226. Result: pass.Upper
- Apr 16Concurred
- Apr 10Returned to Senate (12)
- Vote recorded Motion for Final Passage on SB 2226. Result: pass.Lower
- Apr 10Second reading, passed as amended, yeas 88 nays 4Passed House
- Apr 9Reported back, do pass, place on calendar 21 0 2Minor
- Mar 21Rereferred to Appropriations
- Mar 21Amendment adopted
- Mar 20Reported back amended, do pass, amendment placed on calendar 11 1 2Minor
- Mar 11Committee Hearing 11:30
- Feb 18Introduced, first reading, referred Judiciary CommitteeMinor
- Feb 10Received from Senate
- Feb 7Second reading, passed, yeas 47 nays 0Passed Senate
- Vote recorded Motion for Final Passage on SB 2226. Result: pass.Upper
- Feb 6Reported back, do pass, place on calendar 16 0 0Minor
- Feb 5Committee Hearing 10:00
- Jan 28Rereferred to Appropriations
- Jan 28Reported back, do pass 6 0 1Minor
- Jan 27Committee Hearing 11:15
- Jan 17Introduced, first reading, referred Judiciary CommitteeIntroduced
Criminal Justice