[{"_1":2,"_88":-5,"_89":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6346621,"mediaKeyId","2246629-6d07e30667b225c74b37664e14cd9485","parentId",2246629,"title","Senate panel endorses presumption of indigence at initial appearances, recommends funding for counsel","audioSeconds",1304,"startMs",3864000,"endMs",5168000,"viewUrl","/Search/View?dp=1&key=2246629-6d07e30667b225c74b37664e14cd9485&start=3864&end=5168","thumbnailUrl","https://assets.pipeline.soar.com/2246629-6d07e30667b225c74b37664e14cd9485/thumbnail_3864000.jpg","articleUrl","/articles/6346621/North-Dakota/Senate-panel-endorses-presumption-of-indigence-at-initial-appearances-recommends-funding-for-counsel","mediaUrl","https://secure.pipeline.soar.com/6346621-5403152c925a59dc255e0194d2a2bf45/orig.mp4?Expires=1773665406&Signature=Cv6AbEQGS3xzzzedOPwDeKKkNAmwqUObGLuAFlhV93kk8t~~n8Bjno6z2QApJecdAoNCOMASj~wzV60F6V7Da-tLaFnXFi6i3K8UJACzQm5EQKD7s~SyJQvhInCxm9-ej~ikKagWsGXUAWIETMMqoImuLwYJOwtp9eDdlvu-oYz0aSNhZ6paKbqUFuoYSgRm1KQZwKp~M9gGpCmB-~sdOR0w4WCK5K5Rs5X2HP94Yg-aJDQEthu093iY9LXkPpUczly4DCtHA8vR9qpmjAigvsYeLR21XYdCSJX41xGay0Ud9QUaEpxHbnt2VBtQb0z6Mvy6sLz2oMCG2buepQNLVw__&Key-Pair-Id=KUT5TJCACFTXG","author","Senate Appropriations - Government Operations Division, ND","date","2025-02-05T00:00:00Z","article","Senator Jonathan Sickler, sponsor of Senate Bill 2226, told the Senate Appropriations Committee's Government Operations Division the bill would create a presumption of indigence for the limited purpose of the initial appearance in criminal cases and provide an appropriation to the Commission on Legal Counsel for Indigence to cover the additional workload.

Sickler said the proposal grew from a task force and from developments in other jurisdictions, including a federal district-court decision in Arkansas that raised the question of whether defendants are entitled to counsel at initial appearances. He said the presumption would apply only for initial-appearance proceedings; courts would later determine indigence for purposes of the remainder of the case.

Travis Fink, executive director of the North Dakota Commission on Legal Counsel for Indigence, told the committee the commission lacks sufficient statewide staff offices to place counsel at all initial-appearance sessions and expects to meet the need primarily through contract attorneys. \"If that person is indigent, there should have been an attorney there,\" Fink said, summarizing the policy concern that motivated the work group.

Fink described the fiscal approach used for the bill's estimate: the commission worked with clerks and the courts to count the time slots in which initial appearances occur across counties, then estimated hourly coverage (roughly one hour per session) and set compensation at an assumed rate (the fiscal note used 60% of the federal rate when preparing the $615,000 estimate). He told the committee that a separate, larger appropriation recently approved in the Senate to raise contract rates could reduce the fiscal note currently attached to SB 2226.

Committee members discussed legal context — the Sixth and Fourteenth Amendments and Gideon v. Wainwright (1963) — and the possibility that an Eighth Circuit ruling could require counsel at initial appearances in North Dakota. Fink and members noted recruiting and retention challenges for public-defense work in some regions; the commission anticipates contracting to staff many initial-appearance sessions statewide if the policy becomes required.

After discussion, the division voted to give SB 2226 a \"do pass\" recommendation to full appropriations. Senator Erbley moved the motion; Senator Jonathan Sickler seconded. During the roll call the following members voted aye: Senator Wanczyk, Senator Burkhart, Senator Dwyer, Senator Erboli and Senator Sickler (ayes recorded on the roll call). The committee recorded the motion as adopted and the bill was advanced to the full appropriations committee.","mediaType","Video","parentTitle","Senate Appropriations - Government Operations Division- 9:03 a.m._Feb 5, 2025\t","oneSentenceSummary","Senator Jonathan Sickler told the Government Operations Division that Senate Bill 2226 would presume indigence for the purpose of appointing counsel at initial criminal appearances and carry a fiscal note to supply contract attorneys for those sessions.","taxTitle","Appropriations - Government Operations Division, Senate, Legislative, North Dakota","taxId",28900,"location","North Dakota","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6346626,"Senate panel reviews $500,000 request to help North Dakota Firefighters Association buy Bismarck headquarters",2638,283000,2921000,"/Search/View?dp=1&key=2246629-6d07e30667b225c74b37664e14cd9485&start=283&end=2921","https://assets.pipeline.soar.com/2246629-6d07e30667b225c74b37664e14cd9485/thumbnail_283000.jpg","/articles/6346626/North-Dakota/Senate-panel-reviews-500000-request-to-help-North-Dakota-Firefighters-Association-buy-Bismarck-headquarters","https://secure.pipeline.soar.com/6346626-13fce1107fa8715dea38f161d30112d4/orig.mp4?Expires=1773665406&Signature=Mtb7mk9xSmCRY9qwrznHajjLt08QZRO4XkXOFhZRfiHThSqMQWQUBlGkMf8-Zl-kU114hFWte8BgjkmS9cnfvJ-GOzRvxPiEWCo4zyEbRU0Xgpv7hLqiOfArW4RppND4F5nYyYFYfvPhBJI8G~Jzi-wWAAr8hUMan~UEoA5SeZ2~cdctHLm9G-XyiZWKEWZtOBIZWHL9nP2Lc8fvs1pJxClgFuFBGATE8g0joFk-wdeYectjFxrXAAFSttAP6IMbOoj7fr2miVHiQuFhS-LyghwdR7Zyty~QQn5CtKaTDzkenX4lXk7CWWHFioGqHCZOYaJKQkhpjSchq77FfMvaPQ__&Key-Pair-Id=KUT5TJCACFTXG","Senator Jerry Klein, District 14, told the Senate Appropriations Committee's Government Operations Division that Senate Bill 2218 would provide a one-time $500,000 appropriation to help the North Dakota Firefighters Association buy a building on East Broadway in Bismarck and consolidate administrative offices, equipment storage and indoor training space.

The bill's sponsor, Senator Jerry Klein, said the association negotiated a purchase price “around $2,000,000” and has secured roughly 80% financing from lenders but lacks the capital for the required down payment. “They just need a little boost,” Klein said during the hearing.

Robert (Rob) Knuth, training director for the North Dakota Firefighters Association and assistant chief of the Minot Rural Volunteer Fire Department, told the division the NDFA is a 501(c)(3) accredited by ProBoard and that its training and certification programs follow NFPA standards. “NDFA is a mobile training organization that provides instruction and certification testing to individual departments at 0 cost,” Knuth said, adding that the association cannot use some grant funds for capital purchases and that rising rent at its current offices has prompted the purchase plan.

Knuth outlined a three-phase plan: purchase the existing office building (phase 1), build a roughly 15,000-square-foot addition for equipment and indoor hands-on training (phase 2) and renovate first-floor offices into classrooms and meeting spaces (phase 3). He said the initial building is about 8,643 square feet and that an adjacent 1.57-acre parcel would allow the planned addition. Knock estimates cited in testimony place the initial purchase at roughly $1.9–$2.0 million, with a previously estimated construction cost for phase 2 of about $2.43 million and an overall capital-campaign goal of $6,000,000.

Knuth said NDFA secured an arrangement that would keep current rent stable until June 1 under a lease-with-option-to-buy proposal; that timeline increases the urgency to assemble a 20% down payment. He told the committee the association currently leases office and additional storage space that together cost roughly $233,000 per year and that the mortgage estimates provided by a bank advisor suggested long-term mortgage payments could be comparable to or slightly lower than current rent.

Members asked about fundraising and how NDFA would cover remaining costs. Knuth said NDFA has engaged PACE Fundraising to run a capital campaign and expects to leverage donations to close gaps; he also said NDFA is discussing shared use with EMS and law-enforcement training partners and expects some property-tax exemption discussions with Bismarck officials. John Arnold, deputy insurance commissioner, told the committee the insurance regulatory trust fund currently provides the NDFA's appropriated training funds and that the insurance department can administer the proposed grant portion of the bill.

The hearing closed with no formal vote on SB 2218 during this session of the division. The bill record shows testimony from NDFA leadership, a deputy insurance commissioner and multiple committee members; committee members on several occasions emphasized the training mission and rising lease costs as rationale for the support request.","The Government Operations Division heard testimony on Senate Bill 2218, which would provide a one-time $500,000 appropriation to help the North Dakota Firefighters Association (NDFA) put down a 20% payment on a Bismarck property intended for offices, training space and equipment storage.","actionData","errors"]

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Senate panel endorses presumption of indigence at initial appearances, recommends funding for counsel

Senate panel reviews $500,000 request to help North Dakota Firefighters Association buy Bismarck headquarters