Deason Criminal Justice Reform Center Celebrates North Dakota Law Expanding Counsel at Initial Appearance

DALLAS (èßäÊÓÆµapp) – A new law in North Dakota will help detained people get a lawyer more quickly following their arrest. On April 22, North Dakota Governor Kelly Armstrong signed into law. The legislation says that any person incarcerated at the time of their initial court appearance is presumed indigent, ensuring that they will have counsel to represent them when they first appear in court.

The Deason Criminal Justice Reform Center celebrates this important legislative victory as part of its , a multi-state initiative focused on improving initial appearance procedures. North Dakota is one of seven states that the Center is targeting for reform as part of the campaign.

In North Dakota, there is no exact limit on how long an arrested person can wait in jail before they see a judge for the first time. The law only requires an initial appearance “without unnecessary delay.” Currently, when detained people are finally brought to court, they often face a judge alone. Without a lawyer’s help, they are forced to navigate a complex legal system, prove to the court that they cannot afford an attorney, and argue for their own release. 

With no advocate, many are left behind bars, and their detention often has severe consequences. Languishing in jail, they cannot take care of their children or support other family members. Unable to work, many lose their jobs, sinking their families into financial ruin.

North Dakota’s SB2226 remedies these injustices. Beginning January 1, 2026, any person who is detained at the time of their initial appearance will be presumed indigent and, therefore, be eligible for a court-appointed lawyer to represent them at that crucial first hearing.

“This law is an important step to ensuring justice on day one in North Dakota,” said Deason Center Policy Director Malia Brink, who served on an initial appearance workgroup that proposed and crafted the legislation. “No person should be left to face our criminal legal system alone and undefended. This important reform will help ensure that North Dakota’s most vulnerable are provided with counsel before a judge makes any major decisions in their cases."

The Deason Center is working to expand early access to courts and counsel through legislative reforms, litigation, pilot projects, and more. If you are interested in advancing Day One policies in your state, please contact the Deason Center.

“We know that the first days following an arrest are incredibly significant in determining the outcome of a case,” said Day One Campaign Director David Anderson. “This law means more people will have a lawyer’s help when they need it most. North Dakota is setting an example for other states to follow.”

to learn more about the Deason Center’s Day One Campaign, which is supported by  and .

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The Deason Criminal Justice Reform Center at èßäÊÓÆµapp Dedman School of Law brings a stats and stories approach to criminal justice reform. The Center collects, analyzes, and assesses the hard data about criminal legal policy. Combining these data with the stories of people who live, work and struggle in the criminal legal system, the Deason Center makes a compelling case for reform. The Center supports data-driven criminal justice research that has utility across multiple jurisdictions and helps criminal legal stakeholders develop and implement best practices.

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