LEGAL UPDATE:
A Review of SBAND’ s Legislative Watch List from the 69th Legislative Assembly in North Dakota
By Katie Winbauer
The objectives of the State Bar Association of North Dakota( SBAND) include promotion of the administration of justice and upholding the honor of the profession. In order to effectively accomplish these goals, it is often necessary to deal in the legislative arena. SBAND’ s executive director, legislative Committee, and members spend countless hours during the legislative session reviewing proposed legislation, attending and testifying at legislative hearings, and contacting legislators.
Below is a non-exhaustive list of bills supported, opposed, or tracked by SBAND during the 2025 Legislative Session.
SUPPORTED
SBAND supported SB 2211, which relates to the attorney recruitment program aimed at assisting rural counties and municipalities. The bill added the word“ retention” to the title of the program, to now be focused on“ recruitment and retention.” The bill also changed county eligibility to remove the population requirement and provide a county is eligible to participate in the program if the county has five or fewer licensed attorneys residing in the county. The bill was passed and signed by the governor.
The following bills, requested by the Commission on Uniform State Laws, were supported by SBAND and have all been passed and signed by the Governor:
• SB 2122, relating to the Uniform Commercial Real Estate Receivership Act and trustees for commercial buildings during foreclosures. The act provides for the process of court-appointed receivers to take possession of property and manage it, such as when the property is the subject of a lawsuit, when the property includes an operating business and assets must be sold, or when requested by a creditor.
• SB 2123, relating to the Uniform Special Deposits Act. The act defines“ special deposit” and addresses the treatment of special deposits in the context of bankruptcy, with creditors and the bank.
• SB 2126, relating to the Uniform Child Abduction Prevention Act. The act provides tools and guidance to deter child abduction and builds on interstate jurisdiction, enforcement, and communication mechanisms.
• SB 2127, relating to the Uniform Electronic Estate Planning Documents Act. This act facilitates electronic estate planning documents and signatures. It provides that nontestamentary estate planning documents, such as trusts, durable powers of attorney, health care directives, nominations of guardians, and other records identified by the act, may be signed electronically.
SBAND also supported SB 2002, the budget for the judicial branch, and SB 2022, the budget for the Commission of Legal Counsel for Indigents.
OPPOSED
SBAND opposed two bills related to the legal field. HB 1409 related to judicial remedies. It provided a liberal interpretation of the word“ interest,” providing that an“ interest” could be legal or equitable. The House defeated the bill with a vote of 18 yes and 73 no. HB 1609 related to admission to the bar examination through an apprenticeship program. The apprenticeship program would have allowed an individual to take the bar examination upon the completion of a four-year college degree and 2,000 hours of engagement under a supervising attorney within a period of five years. The original bill also provided an individual could take the bar examination upon serving as a state legislator for at least four years. The House Judiciary Committee amended the bill to exclude the allowance of a legislator’ s qualification, and the House ultimately defeated the bill with a vote of 20 yes and 70 no.
SBAND also opposed a concurrent resolution, HCR 3021, aimed at amending the state constitution to eliminate judicial immunity and create a bipartisan committee established by the legislature to fill judicial vacancies. This resolution would have gone to the 2026 primary election ballot if passed. The House defeated the resolution with a vote of 13 yes and 80 no.
TRACKED
SBAND tracked and provided technical assistance on several bills. Due to the number of bills, only the summary title of certain bills are provided below.
HB 1003, relating to the budget for the Attorney General’ s office.
HB 1030, relating to the drug treatment court.
HB 1032, relating to the jurisdiction of district courts, municipal court requirements, jurisdiction, procedures, and processes, indigent defense, and ordinance violations.
6 THE GAVEL