AGO 96-F-020.

• Court: North Dakota

North Dakota Attorney General Opinions 1996. AGO 96-F-020. STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 96-F-20Date Issued: October 28, 1996Requested by: Bruce A. Selinger, Slope County State's Attorney- QUESTION PRESENTED - Whether a municipal court judge or city governing body has supervisory authority over a municipal court clerk or deputy clerk.- ATTORNEY GENERAL'S OPINION - It is my opinion that the separation of powers doctrine in the North Dakota Constitution places a municipal court clerk or deputy clerk under the supervision of the municipal court judge when performing a judicial function on behalf of the court, but that the clerk or deputy clerk is otherwise under the supervision of the city governing body or a designated city employee. - ANALYSIS - The North Dakota Constitution vests the judicial power of the state in a unified judicial system administered by the North Dakota Supreme Court. N.D. Const. art. VI, §§ 1, 3. The North Dakota Supreme Court has recognized the existence of the separation of powers doctrine under the North Dakota Constitution: [I]rrespective of the fact that a constitution does not contain a general distribution clause expressly providing for the division of governmental powers among the legislative, executive, and judicial branches of government. . ., the creation of those branches of government operates as an apportionment of the different classes of power. As all of the branches derive their authority from the same constitution, there is an implied exclusion of each branch from the exercise of the functions of the others. City of Carrington v. Foster County, 166 N.W.2d 377, 382 (N.D. 1969). Thus, under the separation of powers doctrine, the judiciary's authority over the unified judicial system is exclusive, except as otherwise limited by the North Dakota Constitution. The unified court system is composed of the supreme court, district courts, and other courts as provided by law for cities. N.D. Const. art. VI § 1; N.D.C.C. § 27-01-01. Municipal courts are authorized in N.D.C.C. §§ 40-05.1-06(5), 40-14-01, and 40-15-01. The powers and duties of a municipal court clerk are addressed in N.D.C.C. § 40-18-06.1, which provides: The governing body of a city may appoint any qualified person to serve as municipal court clerk for municipal ordinance violations. A municipal...