AGO 80-119.

• Case Date: March 12, 1980
• Court: North Dakota

North Dakota Attorney General Opinions 1980. AGO 80-119. March 12, 1980 (OPINION) OPINION 80-119Mr. H. F. Gierke IIIMcKenzie County State's Attorney P. O. Drawer 528 Watford City, ND 58854 Dear Mr. Gierke: This is in response to your letter of February 19, 1980, wherein you state the following facts:

During the 1979 legislative session, the North Dakota mental health commitment law was changed and revised, thereby assuming its current form in chapter 25-03.1 of the Century Code. Section 25-03.1-14 also appears to have changed the previous question of the compensation of the state's attorneys for their representation of the petitioner in these proceedings. From a literal reading of the section, it would appear that the county of the residence of the respondent would pay the state's attorney for his time and expense in these hearings. Previously, the county would only pay for the time and expense of the state's attorney if the county of the respondent (i.e., McKenzie) and the county where the proceedings were initiated (i.e., Jamestown) were different. chapter 25-03.1 also now empowers the county justice to preside over mental health commitment proceedings.

I would request an opinion from your office on the following question:

Does section 25-03.1 require the county to pay the cost of the state's attorney in a reasonable amount based upon time and expense where the proceedings are initiated in the county justice court and the respondent is a resident of the same county as the state's attorney and county justice?

Section 25-03.1-14 of the North Dakota Century Code states as follows:

25-03.1-14. DUTY

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