District of North Dakota Federal Court: Divisions, Rules and Defenders

The U.S. District Court for the District of North Dakota is the federal trial court for the whole state. It has two divisions, Western and Eastern, and holds court in Bismarck, Fargo, Grand Forks and Minot. Here is where the court sits, who prosecutes and defends cases there, and its local sentencing rules.

We handle federal cases nationwide.

Where does the court sit?

North Dakota is one judicial district, and by law court is held at Bismarck, Fargo, Grand Forks and Minot (28 U.S.C. § 114). The court's General Local Rule 1.1 divides the district into a Western and an Eastern Division. The court's site lists these courthouses:

Bismarck (headquarters)
William L. Guy Federal Building and U.S. Courthouse, 220 East Rosser Avenue. Western Division counties include Burleigh, Morton, Stark, Ward and Williams.
Fargo
Quentin N. Burdick U.S. Courthouse, 655 1st Avenue North. Eastern Division counties include Cass, Grand Forks, Richland and Stutsman.
Minot
Bruce M. Van Sickle U.S. Courthouse, 100 1st Street SW. An unstaffed satellite office.
Grand Forks
Ronald N. Davies U.S. Courthouse, 102 N 4th Street. An unstaffed satellite office.

General Local Rule 1.1 lists every county in each division.

United States District Court for the District of North Dakota

Which appeals court covers it?

Appeals from this court go to the U.S. Court of Appeals for the Eighth Circuit (28 U.S.C. §§ 41, 1294(1)). Its decisions are binding on the federal judges in this district, so its precedent governs cases here (uscourts.gov, About the U.S. Courts of Appeals).

Our Eighth Circuit appeals guide covers deadlines and the court’s own rules for criminal appeals.

Who prosecutes and who defends?

Federal prosecutors here work for the United States Attorney's Office for the District of North Dakota, part of the U.S. Department of Justice.

Anyone charged with a federal crime who can’t afford a lawyer can ask the court to appoint one (18 U.S.C. § 3006A). Here, appointed lawyers come from the Federal Public Defender for the Districts of South Dakota and North Dakota, a Federal Public Defender office that serves both Dakotas, with North Dakota offices in Bismarck and Fargo, or from a panel of private lawyers the court approves.

Where are the local rules and sentencing procedures?

Every federal court follows the national rules, such as the Federal Rules of Criminal Procedure, plus its own local rules. This court publishes them on its local rules page.

Criminal Local Rule 32.1 limits who may see presentence reports and sets the sentencing memorandum schedule: a memorandum is optional, but a party that files one must also file a sentencing memorandum supplement, both at least 7 days before the hearing. Responses are due 2 days before. The federal rule sets the report deadlines: the report goes to the defense at least 35 days before sentencing, and objections are due within 14 days (Fed. R. Crim. P. 32(e)(2), (f)).

“Both documents must be served and filed no later than seven (7) days before the sentencing hearing unless otherwise ordered by the court.”
D.N.D. Crim. L.R. 32.1(B)

Is Brandon Sample admitted in this court?

Yes. Brandon Sample is admitted to practice before the U.S. District Court for the District of North Dakota. He has also handled federal cases in courts across the country.

Which federal prisons are in this district?

The bop.gov location list shows no Bureau of Prisons facility in North Dakota.

People sentenced here are sent to BOP facilities in other states. The BOP decides where, and by law it tries to place people within 500 driving miles of home when it can (18 U.S.C. § 3621(b)).

A prison being in this district doesn’t mean someone sentenced here will go there. The Bureau of Prisons decides where each person serves their sentence (18 U.S.C. § 3621(b)).

What should you know about a federal case in this district?

The first hearing comes fast. After an arrest, the person goes before a magistrate judge without unnecessary delay for an initial appearance (Fed. R. Crim. P. 5(a)). The judge decides whether they stay in custody while the case goes on (18 U.S.C. § 3142).
Most felony cases start with an indictment. A grand jury decides in private whether to approve the charges (Fed. R. Crim. P. 6, 7).
The presentence report matters. A federal probation officer writes a report on the offense and the person’s life before sentencing, and the defense can object to mistakes in it (Fed. R. Crim. P. 32(c)–(f)). Check this court’s schedule above.
The judge decides the sentence. The judge must consider the Sentencing Guidelines and the factors in 18 U.S.C. § 3553(a), including the person’s history and background. Family and friends can write letters; there is no limit on the background information a judge may consider (18 U.S.C. § 3661).
The appeal clock is short. A defendant’s notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)).
Prison phones and email are monitored. Don’t discuss the case on them (28 C.F.R. § 540.102).

How a federal criminal case works →

Questions about the District of North Dakota

Which division will a North Dakota federal case be in?

It depends on the county. North Dakota is one federal district with two divisions (D.N.D. Gen. L.R. 1.1). The Western Division includes Burleigh, Morton, Stark, Ward and Williams counties, and the Eastern Division includes Cass, Grand Forks, Richland and Stutsman counties. By law, court is held at Bismarck, Fargo, Grand Forks and Minot (28 U.S.C. § 114).

Are the Minot and Grand Forks courthouses staffed?

No. The court's site says its headquarters is in Bismarck, with a divisional office in Fargo, and that Minot and Grand Forks are unstaffed satellite offices. Court can still be held in both cities (28 U.S.C. § 114).

When are sentencing memorandums due in this court?

At least 7 days before the sentencing hearing, unless the court orders otherwise. Under D.N.D. Crim. L.R. 32.1(B), a sentencing memorandum is optional, but a party that files one must also file a sentencing memorandum supplement. A response is due at least 2 days before the hearing.

Who represents people here who can't afford a lawyer?

The court can appoint a lawyer (18 U.S.C. § 3006A). The court's CJA Plan names the Federal Public Defender for the Districts of South Dakota and North Dakota, which has offices in Bismarck and Fargo, as the defender office for this district. Appointed lawyers can also come from a panel of private lawyers the court approves.

Where do appeals from this court go?

To the U.S. Court of Appeals for the Eighth Circuit (28 U.S.C. §§ 41, 1294(1)). A defendant's notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)).

Sources

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Federal cases in the District of North Dakota