IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
IN THE MATTER OF: )
) STANDING ORDER
RELEASE OF MISDEMEANOR )
DEFENDANTS PENDING INITIAL )
APPEARANCE )
Rule 5(a)(1)(A) of the Federal Rules of Criminal Procedure mandates “[a] person making
an arrest within the United States must take the defendant without unnecessary delay before a
magistrate judge . . . unless a statute provides otherwise.” Furthermore, Rule 5(c)(1) provides that
“[i]f the defendant is arrested in the district where the offense was allegedly committed: (A) the
initial appearance must be in that district.” Moreover, Rule 5(e) states “[i]f the defendant is charged
with a misdemeanor only, the judge must inform the defendant in accordance with Rule 58(b)(2).”
This Court FINDS that law enforcement arrests, occurring within the District of North
Dakota on federal lands maintained and operated by the National Park Service, National Forest
Service, U.S. Fish and Wildlife Service, and Bureau of Land Management, of non-violent
misdemeanor offenders, raise unique considerations. For example, individuals suspected of driving
while intoxicated or suspected of possessing small quantities of controlled substances may pose a
risk to the community if not arrested, yet after being arrested, these individuals would likely be
released on their own recognizance at their initial appearances. However, in situations where federal
law enforcement officers arrest individuals suspected of committing these types of non-violent
misdemeanor offenses on nights, weekends, or holidays – when the Court is unavailable to conduct
initial appearances – these individuals may unnecessarily spend multiple nights in custody awaiting
their initial appearance before this Court. Therefore, to both maintain the safety of the community
and to ensure that non-violent misdemeanor offenders are not unnecessarily confined prior to their
initial appearance date, this Court issues the following order.
IT IS ORDERED that defendants arrested on federal land in the District of North Dakota,
maintained and operated by the National Park Service, National Forest Service, U.S. Fish and
Wildlife Service, and Bureau of Land Management, for non-violent misdemeanor offenses, may be
released on their own recognizance or released to a third party in lieu of continued detention pending
their initial court appearance. This Court authorizes federal law enforcement officers from these
agencies to present the attached Release on Recognizance and Release to Third Party forms to
suspects of non-violent misdemeanors offenses for their consideration and consent.
IT IS FURTHER ORDERED that if a defendant executes a Release on Recognizance or
Release to Third Party form, the United States must submit to the Court the signed Release form
along with the appropriate charging document the first business day following the arrest.
Dated this 19th day of, September, 2022.
/s/ Peter D. Welte
Peter D. Welte, Chief Judge
United States District Court
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, )
) CONDITIONS FOR RELEASE ON
Plaintiff, ) RECOGNIZANCE AND PROMISE TO
) APPEAR
v. )
)
____________________ ) Case No.
)
Defendant. )
The above-named Defendant is hereby eligible for release on recognizance in lieu of continued
detention provided the defendant has or is:
1. Accused of a non-violent misdemeanor crime;
2. Provided adequate identification and contact information to establish identity;
3. No recent or significant history of failure to appear in court;
4. Not impaired by intoxicating substances at the time of release;
5. Agreed to all conditions of release and signed the Acknowledgment and Agreement; and
6. Approved for release on recognizance by the Office of the Assistant U.S. Attorney.
CONDITIONS OF RELEASE AND PROMISE TO APPEAR
The following conditions of release apply to and shall be accepted and complied with by the above-named
Defendant as a condition of release from custody prior to an initial court appearance.
1. You shall appear before the U.S. District Court for the District of North Dakota at any time
and date ordered for initial appearance regarding the pending matter.
G 220 East Rosser Ave G 655 1st Avenue N.
Bismarck, ND 58501 Fargo, ND, 58102
2. If you fail to appear at the designated time and date or otherwise fail to comply with these
conditions, a warrant may be issued for your arrest.
ACKNOWLEDGMENT AND AGREEMENT BY DEFENDANT
I understand and agree to the above conditions of release. I will appear at the time, date, and place
indicated by forthcoming correspondence.
______________________________ ____________________
Signature of Defendant Date of Signature
CERTIFICATION OF RELEASING OFFICER
I declare that the foregoing conditions of release were read by (or if necessary, read in the Defendant’s
primary language to) the Defendant being released, that the Defendant signed the Acknowledgment and
Agreement, above, in my presence, and that Defendant was given a copy of this document.
______________________________ ____________________
Signature of Authorizing Officer Date of Signature
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
United States of America, )
) CONDITIONS FOR RELEASE TO
Plaintiff, ) THIRD PARTY AND PROMISE TO
) APPEAR
v. )
)
____________________ ) Case No.
)
Defendant. )
The above-named Defendant is hereby eligible for release to a responsible third-party in lieu
of continued detention provided the defendant has or is:
1. Accused of a non-violent misdemeanor crime;
2. Provided adequate identification and contact information to establish identity;
3. No recent or significant history of failure to appear in court;
4. Provided for a responsible custodial adult caretaker who is not under the influence
of intoxicating substances and who agrees to take custody of the Defendant for the
next twelve hours;
5. Agreed to all conditions of release and signed the Acknowledgment and Agreement;
and
6. Approved for third-party release by the Office of the Assistant U.S. Attorney.
CONDITIONS OF RELEASE AND PROMISE TO APPEAR
The following conditions of release apply to and shall be accepted and complied with by the above-
named Defendant as a condition of release from custody prior to an initial court appearance.
1. You shall not consume alcohol or other intoxicating substances for a period of twelve
hours from the time of your release.
2. You shall appear before the U.S. District Court for the District of North Dakota at
any time and date ordered for initial appearance regarding the pending matter.
G 220 East Rosser Ave G 655 1st Avenue N.
Bismarck, ND 58501 Fargo, ND, 58102
3. If you fail to appear at the designated time and dates or otherwise fail to comply with
these conditions, a warrant may be issued for your arrest.
Page 1 of 2
ACKNOWLEDGMENT AND AGREEMENT BY DEFENDANT
I understand and agree to the above conditions of release. I will appear at the time, date, and place
indicated by forthcoming correspondence.
______________________________ ____________________
Signature of Defendant Date of Signature
CERTIFICATION OF RELEASING OFFICER
I declare that the foregoing conditions of release were read by (or if necessary, read in the
Defendant’s primary language to) the Defendant being released, that the Defendant signed the
Acknowledgment and Agreement, above, in my presence, and that Defendant was given a copy of
this document.
______________________________ ____________________
Signature of Authorizing Officer Date of Signature
ACCEPTANCE OF THIRD PARTY RELEASE
I, ____________________, agree to accept full responsibility of the above-named Defendant for
the next twelve hours, commencing at _____AM/PM on __________, and ending at _____
AM/PM on __________.
During this period the above-named Defendant shall remain in my immediate presence and will
not be permitted to operate a motor vehicle or to consume any intoxicating substances.
I furthermore state that I will report any violations of this agreement to the Court, the Office of
the Assistant U.S. Attorney, and the citing federal law enforcement agency without undue delay.
ACKNOWLEDGMENT AND AGREEMENT BY THIRD PARTY
I understand and agree to the above conditions.
______________________________ ____________________
Signature of Responsible Party Date of Signature
CERTIFICATION OF RELEASING OFFICER
I declare that the foregoing conditions of release were read by (or if necessary, read in the
Responsible Party’s primary language to) the Responsible Party, that the Responsible Party signed
the Acknowledgment and Agreement, above, in my presence, and that the Responsible Party was
given a copy of this document.
______________________________ ____________________
Signature of Authorizing Officer Date of Signature
Page 2 of 2
