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.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent parents in abuse/neglect proceedings.

Appointment of Counsel: categorical Qualified: yes

Read more about this

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

Read more about this

Child Support Enforcement (Civil Contempt)

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

Read more about this

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

Read more about this

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

Read more about this

Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to an attorney as guardian ad litem in guardianship proceedings.

Appointment of Counsel: categorical Qualified: no

Read more about this

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

Read more about this

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

Read more about this

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

Read more about this

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

Read more about this

Termination of Parental Rights (Private) - Birth Parents

Legislation

Right to counsel

Parents consenting to adoption have a right to counsel prior to the termination.

Appointment of Counsel: categorical Qualified: yes

Read more about this

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

Read more about this

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

Read more about this

Go back to Status Map