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Hearing draws split views on bill to let nonlawyers represent parties with an 'equitable interest'

2288178 · February 12, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

Supporters of HB 1409 said expanding the definition of ‘interest’ would give people without money or counsel access to the courts; opponents — including the State Board of Law Examiners and disciplinary counsel — warned the change could permit unlicensed practice, reduce oversight and harm the public.

House Bill 1409, a proposal to broaden the statutory definition of “interest” in chapter 32‑01 of the North Dakota Century Code so that a person with an equitable or legal interest could represent another party, drew sharply divided testimony at a House Judiciary Committee hearing.

Sponsor Representative Laurie Van Winkle, R‑Minot, said the proposal is intended to increase access to justice for people who cannot afford or cannot find counsel, allowing friends, family members, or other interested parties with a legal or equitable stake to appear on behalf of someone and to protect shared rights. “We need to make sure our citizens are allowed due process of law and are not restricted or hindered in their ability to retain counsel that they believe will put their interest as priority,” Van Winkle said.

Paul Sor…

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