North Dakota Administrative Code Title 57 - Pardons, Board of
Overview of NDAC Title 57: Board of Pardons
The Board of Pardons in North Dakota is the authority empowered to review applications for pardons, commutations of sentences, and other forms of executive clemency. The Board operates under the statutory authority of North Dakota Century Code (NDCC) Chapter 12-60, which outlines the creation, powers, and responsibilities of the Board of Pardons.
The purpose of Title 57 is to regulate the procedures the Board follows when considering applications for clemency, the standards for granting relief, and the conditions under which pardons or commutations may be granted.
Structure and Content of NDAC Title 57
Title 57 is organized to clarify procedural rules and standards for the Board of Pardons, ensuring a consistent, fair, and transparent process.
Key components of Title 57 include:
1. Definitions and Board Authority
Clarifies the roles and composition of the Board of Pardons, typically including the Governor, Attorney General, and the Chief Justice of the Supreme Court (or their designees).
Defines key terms such as “pardon,” “commutation,” “clemency,” and “applicant.”
2. Application Process
Specifies eligibility criteria for applying for a pardon or commutation.
Outlines application requirements, including submission forms, necessary documentation, and fees if applicable.
Details the time frame for applying, such as waiting periods after sentence completion or incarceration.
3. Review and Investigation
Provides the Board authority to request criminal history, court records, and other relevant materials.
May include procedures for interviewing applicants or victims, and soliciting public comment.
4. Hearings and Decisions
Establishes how hearings are conducted (open or closed).
Specifies criteria the Board must consider, including behavior since conviction, evidence of rehabilitation, nature of the original offense, and public safety.
Sets timelines for decision-making and notification of applicants.
5. Issuance and Effect of Pardons
Defines the legal effect of a pardon or commutation, including restoration of civil rights and limitations of relief.
Provides guidance on record expungement or notification to relevant agencies.
Legal Framework and Case Law Interpretation
The North Dakota Board of Pardons operates within both statutory and constitutional frameworks. While case law directly interpreting Title 57 or the Board’s actions is limited, several relevant court decisions clarify the scope of executive clemency powers and procedural fairness.
Key Cases and Legal Principles:
1. State ex rel. Eckroth v. Board of Pardons, 76 N.D. 849, 38 N.W.2d 679 (1949)
Facts: Eckroth petitioned the Board of Pardons for a pardon after serving a sentence for a felony conviction.
Issue: Whether the Board must provide a hearing before denying a pardon.
Holding: The North Dakota Supreme Court held that the Board has broad discretion in granting or denying pardons and is not constitutionally required to hold a hearing before denying clemency.
Significance: This case established that the clemency process is largely discretionary and administrative, not judicial. The Board’s decision to grant or deny pardons is final and not subject to judicial review unless there is evidence of fraud or abuse of discretion.
2. State v. Northern Pac. Ry. Co., 42 N.D. 238, 173 N.W. 50 (1919)
Context: While not directly about pardons, this case affirms the broad executive clemency powers vested in the Governor and related boards under state law.
Principle: Executive clemency is an extraordinary remedy, and the Board’s role is to balance justice and mercy, considering public interest.
3. U.S. Supreme Court Precedents on Clemency (for contextual understanding)
Ex parte Grossman, 267 U.S. 87 (1925): The clemency power is an executive prerogative, free from judicial interference except in cases of constitutional violations.
Burdick v. United States, 236 U.S. 79 (1915): A pardon is an act of grace that can be accepted or rejected by the recipient, and its acceptance carries a confession of guilt.
These federal principles influence the understanding of clemency powers in states, including North Dakota.
Practical Application and Procedures under Title 57
Applying for a Pardon or Commutation
The applicant submits a written petition with personal information, criminal history, reasons for clemency, and evidence of rehabilitation.
The Board reviews the petition, requests additional information from law enforcement or courts, and may hold an informal interview or hearing.
Victims or interested parties may be invited to submit statements.
Factors Considered by the Board
Nature and circumstances of the offense
Time elapsed since conviction and sentence completion
Conduct during incarceration and after release
Demonstrated remorse and rehabilitation efforts
Impact on public safety and interests of justice
Decision and Effects
Pardons may restore civil rights such as voting or firearm possession.
Commutations reduce sentences but do not erase convictions.
Denial of clemency is not appealable but may be reconsidered after a certain period.
Summary
NDAC Title 57 governs the administrative procedures of the Board of Pardons in North Dakota.
The Board has discretionary authority to grant pardons or commutations, guided by statutory rules on applications and hearings.
Case law confirms the discretionary nature of the clemency process and limits judicial interference.
The Board seeks to balance mercy, justice, and public safety when granting clemency.
Pardons serve as a form of forgiveness but do not erase the conviction, while commutations modify sentences.
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