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R., Record Records Retention Schedule (, N.D. If a period of suspension has been extended under subsection 6 of section 39-06-17, the court may order the number plates to be destroyed under this subsection. (First Offense) Class A Misdemeanor: Imprisonment for no more than 1 year; fine of no more than $2,500. Law, Products \&j])?h_GW,5D Cent. Using this site or communicating with OKeeffe OBrien Lyson Attorneys through this website does not form an attorney/client relationship. N.D. R. Crim. Criminal Vehicular Injury results in up to five years imprisonment. Stalking in the second degree: Class A . % Code 12-55.1-02.1 The Board is staffed by a pardon clerk at the Parole Board, which is part of the state Department of Corrections. He served 218 days at the Burleigh-Morton . HANDGUN POSSESSION Permit or License Requirements Click here. cpmn 0#Ti-+Dw6x~!5K~FN/Bnlyd:5qomv N.D. Reduction of a felony conviction to a misdemeanor has the effect of releasing the defendant from all penalties and disabilities resulting from the offense, except for sex offender registration and firearms disabilities. N.D. (Fourth or Subsequent Offense) Class A Misdemeanor: Imprisonment for no more than 1 year, $3,000 fine, or both. Cent. % Some states have specific first-time offender programs that serve to divert defendants convicted of their first offense from jail. (First Offense) Class II Misdemeanor: Unable to operate any motor vehicle for 1 year; license revocation for like period. 0. R. 41(6)(a). Misdemeanors are considered a part of any criminal record. Pardon Clerk, North Dakota Pardon Advisory Board, III. Class A Misdemeanor Theft in North Dakota For alleged theft of property or services valued between $250 and $500, you can be charged with a class A misdemeanor. Arkansas. 12-55.1-05; Pardon Advisory Board Policies and Procedures, N.D. Dept of Corr. The attorney listings on this site are paid attorney advertising. Violation of a disorderly conduct restraining order (Class A misdemeanor) 360 days in the Ward County Jail, first serve four days with credit for four days already served, 360 days of. (Subsequent Offense) Class 4 Felony: Imprisonment for 1-3 years; fine of up to $25,000. Typically, you must be finished serving any time on probation before applying. If no appeal or review procedure is provided by such chapter, an appeal may be taken in accordance with chapter 28-32, except for attorneys disbarred or suspended under chapter 27-14. R. 41(6)(a). Under Pardon Advisory Board rules, an applicant must have encountered a significant problem with the consequences of the conviction or sentence (e.g. Diaz-Villalba died on January 14 and the Gwinnett Medical Examiner's Office concluded this week that the injuries to his head were the cause of death. R. 41(r)(b)(9); (6)(a). Cent. (This may not be the same place you live). Senate Bill 189, which would prohibit government purchasing agencies from contracting with companies owned or controlled by countries including China, Cuba, Iran, North Korea, Russia and Venezuela. Marijuana Possession In North Dakota, possession of marijuana, or possession of marijuana paraphernalia, is considered a Class B Misdemeanor. ;/K'vL A class B Misdemeanor applies when the stolen item or service does not exceed $250. Maximum Penalty: 365 days of imprisonment, a $3,000 fine, or both. R. 41(6)(b)-(c). A criminal lawyer can help you understand the charges against you and advise you regarding any plea bargains that the prosecution might offer. (First Offense) Misdemeanor: Imprisonment for no more than 93 days, a fine of no more than $500, or both. inability to obtain or maintain licensures or certifications necessary for employment) or demonstrate some other compelling need for relief as a result of unusual circumstances. Pardon Advisory Board, N.D. Dept of Corr. art. Misdemeanor: Imprisonment for between 48 hours and 6 months; $200-$500 fine; license suspension increased by 6 months. The governors office follows up by sending a letter notifying the applicant of the governors decision. However, if you are in possession of marijuana while driving a motor vehicle, you can be charged with a Class A Misdemeanor. (a) A person commits the crime of public lewdness if: (1) He exposes his anus or genitals in a public place and is reckless about whether another may be present who will be offended or alarmed by his act; or (2) He does any lewd act in a public place which he knows is likely to be observed by others who would be affronted or alarmed. N.D. Ohio. Under Pardon Advisory Board rules, an applicant must have encountered a significant problem with the consequences of the conviction or sentence (e.g. "Second or subsequent violation of a protection order" means two or more . The second alternative is useful in case it becomes necessary during the trial to excuse a juror because of illness or some other cause and no alternative juror is available. The direct bearing standard and rehabilitation tests of this statute are incorporated into dozens of occupational, professional, and business licensing statutes in the North Dakota Century Code, including: liquor licenses ( 5-03-01.1), teachers ( 15.1-13-25(1)(d), (e)), residential treatment centers for children ( 25-03.2-04), architects and landscape architects ( 43-03-13(2)(a)), lawyers ( 27-14-02(1)), barbers ( 43-04-31.1), electricians ( 43-09-09.1), funeral service directors ( 43-10-11.1), and pharmacists ( 43-15-18.1). SeeN.D. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. Some states don't classify their misdemeanorsthey simply assign a punishment right in the statute that describes or defines the crime. A series of criteria to be applied by the court are set forth in the statute, including such standard aggravating and mitigating factors as the seriousness of the crime, the age of the petitioner when it was committed, rehabilitation, etc. Contact OKeeffe OBrien Lyson Attorneys today to discuss your charges, or call701-235-8000or877-235-8002. State law provides for reconsideration and revocation of the pardon within 30 days of the decision. Plus, when you do buy car insurance in North Dakota, the policy might be more . If youve been charged with a misdemeanor, here are a few things you should know about your class of crime. Occupational, professional and business licensing, Expungement, Sealing & Other Record Relief, Criminal Record in Employment, Licensing & Housing, 50-State Essays: The Many Roads to Reintegration, I. ProcessF. Code 12-55.1-01(4). NORTH DAKOTA LABOR-MANAGEMENT RELATIONS ACT [Applicable to employees not under National Labor Relations or Railway Labor Act] 34-12-02 Right of employees as to organization, collective bargaining. Box 5521 North Dakota law classifies misdemeanor penalties as follows: If a misdemeanor offense doesn't specify a classification in law, it defaults to a class A misdemeanor. (N.D. Id. Criminal record in employment & licensing, http://www.pardon411.com/wiki/North_Dakota_Pardon_Information, http://www.nd.gov/docr/adult/tps/advisory.html, https://www.washingtonpost.com/national/national-digest-north-dakota-governor-pardons-16-with-pot-convictions/2020/01/17/c44ba494-342d-11ea-9313-6cba89b1b9fb_story.html. However, if the court releases a person on bail in connection with a felony, failure to appear is a Class C felony. 5. (Second Offense) Class A Misdemeanor: Imprisonment for between 6 months and 1 year. Infractions (sometimes called violations) are usually fine-only offenses with no possibility of incarceration (such as traffic tickets). Code 12.1-32-02(4). p=c-UT3z\S2!yN^4b0O+QvlUoX[BQ`$y@x: 2H`=H3!4OA`}, rmfO aY (B=(32@>oLA(3( B cfm-W"*s8R)`E7!8}P! More Stories. See also Attorney Generals Opinion, No. 12.1-32-01.1. A second or subsequent violation within 24 months is a Class 1 misdemeanor. Follow the links below to get general information on misdemeanor classes A, B, and C. For information on the crimes that a particular state has placed within its class, level, or other unique ranking systems, consult the state links below. This can open up the doors to higher paying jobs and lucrative careers in a variety of industries. (Resident) (Subsequent Offense) Class A Misdemeanor: Imprisonment for not more than 11 months, 29 days, fine of no more than $2,500, or both; license suspension increased by like period of time. A domestic violence conviction could mean losing the right to own a firearm. This article will discuss the penalties, sentencing, and expungement options for North Dakota misdemeanors. Ct. Admin. Possession of less than 1/2 ounce [14.175 grams] of marijuana is a criminal infraction punishable by a fine of up to $1,000. A new Class A Misdemeanor Assault category was added to increase chances of more severe penalties (most "domestics" were being charged as simple assaults, a Class B misdemeanor). (Subsequent Offense) 3rd Degree Felony: Imprisonment for no more than 5 years or $5,000 fine. A copy of such disqualification shall be sent to the applicant by certified mail. Tarno, who is accused of facing a felony drug charge along with several other misdemeanor charges, submitted her resignation on Feb. 24. License suspension increase of 6 months. All rights reserved. A state agency, board, commission, or department shall consider the following in determining sufficient rehabilitation: a. (First Offense) Misdemeanor: Imprisonment for no more than 1 year, fine of no more than $1,000, or both; possible license suspension increased by no more than 1 year. In 2021 the waiting periods were relaxed to run from the date of guilty plea or finding and to require no new conviction (as opposed to no new charge) during that time. Here, a class C misdemeanor might max out at 90 days' jail time, class B misdemeanors go up to 180 days in jail, and class A misdemeanors carry the potential for a year in jail. & Rehab., 5 (Nov. 9, 2010), http://www.nd.gov/docr/adult/tps/policy2010.pdf. If a person faces more than 360 days and up to life behind bars, the penalty becomes a felony. The crimes are classified by seriousness, with Class A being the most serious and Class D (or whichever letter is last in that particular state) considered the least serious misdemeanor. (1) Felony Cases. Under a law passed in 2011, a person with a felony offense subject to the five-year bar may petition the court in his county of residence for restoration of firearms rights. Class A misdemeanors are more serious offenses, punishable by up to $2,000 in fines and up to one year of jail time. e. A person desiring to appeal from a final decision by any state agency, board, commission, or department shall follow the procedure provided by the chapter of this code regulating the specific occupation, trade, or profession. The National Conference of State Legislatures works to bring you up to date, real-time information about autonomous vehicle bills that have been introduced in the 50 states and the District of Columbia. N.D. Const. (A few states provide misdemeanor penalties as high as two or three years' incarceration.) Some crimes that are classified as Class A Misdemeanors will include penalties beyond jail time and a fine. (First Offense) Misdemeanor: Imprisonment for between 2 days and 1 year; possible additional fine of no more than $500. Cent. Most states will not entertain an expungement request until after a certain amount of time has passed since either the conviction or completion of the sentence. Krista is licensed to practice law in Pennsylvania and Washington. R. 41(r)(b)(9); (6)(a). (N.D. She was a member of Phi Beta Kappa and the National Society of Collegiate Scholars. Admin.R 41. Id. These penalties vary widely, but follow a similar theme: driving without a license is a serious offense that goes beyond a moving violation. ], and shall release the information when an entity has a statutory obligation to conduct a criminal history background check. Defendants found guilty of Class A Misdemeanors are typically sentenced to between six months and one year in a local jail. Reduction of minor felonies to misdemeanorsC. Code 12.1-41-12, 12.1-41-14. Expungement is not guaranteed. Class 1 Misdemeanor: Imprisonment for no more than 12 months, fine of no more than $2,500, or both. The court may grant the petition if it finds that the petitioner has made a showing of good cause and that The benefit to the petitioner outweighs the presumption of openness of the criminal record. Also, it may grant if it finds that the petitioner has completed all terms of imprisonment and probation for the offense, and has paid all restitution ordered by the court for commission of the offense, which appears to mean that fines and fees need not be paid. The law does not apply to the department of corrections or to a public employer that has a statutory duty to conduct a criminal history background check or otherwise take into consideration a potential employees criminal history during the hiring process.The term public employer means the state or a county or city government, or an instrumentality or agency of the state or of a county or city government. (First Offense) Violation: $250-$500 fine. North Dakota divides its misdemeanor offenses into two classes: class A and B misdemeanors. The governor may (but is not required to) appoint a pardon advisory board, consisting of the state attorney general, two members of the Parole Board, and two citizens. The nature of the offense and whether it has a direct bearing upon the qualifications, functions, or duties of the specific occupation, trade, or profession. N.D. See 12-55.1-05. misdemeanor. Class A Misdemeanors are not automatically expunged from your record after a certain amount of time has passed. N.D. This option is referred to as a deferred imposition of sentencing. North Carolina. convicted of a class B misdemeanor. For example, in Texas some first-time, non-violent offenders are eligible for a pre-trial diversion program. Ordinarily a pardon relieves collateral legal penalties, but it does not expunge conviction. (For more information on felonies, see North Dakota Felony Crimes by Class and Sentences.). (Third Offense): Permanent license suspension. Persons convicted under federal law or the laws of another state are ineligible for a state pardon. Penalties generally involve fines, jail time or both. Misdemeanor: Fine of no more than $750, or both. In North Dakota, the law is clear: Driving without liability insurance is a class B misdemeanor. Possession in the Second Degree is classified as a Class C felony, which is punishable with up to 10 years in prison! Federal Class B - Offenses punishable by one to six months in jail. Code, 27-20-51(1); N.D.R. Code 12.1-33 -05.1. Many states, as well as the federal government, use a letter system to classify misdemeanors. The crimes that are classified as Class A Misdemeanors will vary depending on the jurisdiction. Misdemeanor: Imprisonment for 4-364 days; possible fine of no more than $1,000. The law provides judges with several options and alternatives for misdemeanor sentencing. Ct. Admin. Attorney's Note Cent. (Subsequent Offense) Class A Misdemeanor: Imprisonment for at least 10 days; possible forfeiture of vehicle; license suspension increased by at least 90 days. x\I$%7( Except as provided in section 39-06.1-11, an individual who operates a motor vehicle on a highway or on public or private areas to which the public has a right of access for vehicular use in this state while an individuals operators license is suspended or revoked in any jurisdiction is guilty of a class B misdemeanor for the first, second, or third offense within a five-year period. If license (restricted), revocation of restricted license and extension of period of ineligibility for a license, permit or privilege to drive for 1 year. See N.D. Const. In contrast, Class D misdemeanors involve the least serious types of misdemeanor offenses. A reckless driving offender who causes injury to another person can be convicted of aggravated reckless driving. ST. PAUL The Minnesota Senate voted Thursday to make it harder for thieves to sell stolen catalytic converters, a crime that has . At any time before verdict, the parties may stipulate in writing or in open court, with the court's approval, that the jury may consist of fewer than twelve persons. N.D. Local attorneys know the system, prosecutors, and judges well, which can be helpful in your defense. Any subsequent offense within the same five-year period is a class A misdemeanor. Class D felonies have a 7500.00 dollar fine, with the minimum fine being 750.00 dollars. Rule 23 differs from the federal rule in that the federal rule permits only a written waiver of jury trial. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Nevada explicitly makes a misdemeanor subject to up to 364 days incarceration, whereas felony incarceration starts at 365 days. (Third or Subsequent Offense) Misdemeanor: Imprisonment for 30-90 days; $150-$500 fine. (Second Offense): Imprisonment for no more than 60 days, $600 fine, or both. Attorney's Note If convicted of driving with a suspended license under this 39-06-42, the driver's suspension can be increased up to a year, depending on the circumstance under the very next section, 30-06-43. Loss & restoration of civil/firearms rightsA. Any subsequent offense within the same five-year period is a class A misdemeanor. This website is for informational purposes only and does not provide legal advice. Code 12.1-32-02 (2020). The conviction will remain on your record unless you petition the court to have it removed. N.D. Present The punishments for those two classes of offense are: Class A misdemeanor: Up to 360 days imprisonment and up to a $3,000 fine. The term includes a park district but does not include a school district. 12.1-33-05.4. AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareD.C.FloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWest VirginiaWisconsinWyoming. Failure to report or control a dangerous fire. For instance, a stalking conviction results in a class A misdemeanor but increases to a class C felony if the offender has a prior conviction involving the same victim. All 50 states and the District of Columbia issue drivers licenses, and conversely, all have penalties for driving without a license. In addition to any other punishment imposed, the court may order the number plates of the motor vehicle owned and operated by the offender at the time of the offense to be destroyed by the sheriff. The Senate bill would charge a person with a class B misdemeanor punishable by up to 30 days of imprisonment and a fine of $1,500 for willfully displaying "objectionable materials" in places that minors visit. With the enactment of HB1246 in April 2019, that changed dramatically. (Third or Subsequent Offense) Class D Felony: Imprisonment for 1-5 years; license suspension revoked for additional 2 years. Cent. Therefore, if an employer runs a criminal background check on you and your record includes a misdemeanor offense, that offense is likely to show up on the check. For instance, Class A misdemeanors are usually reserved for the more serious sorts of crimes that warrant greater punishment, but still fall below those crimes and punishments that would qualify it to be a felony. See North Dakota Code 1-01-49 Jurisdiction: (1) The legal authority of a court to hear and decide a case. 85-44, 1985 WL 257704 (Dec. 03, 1985) ([A] pardon acts to remove the punishment resulting from a criminal conviction, but does not act to remove the fact of guilt and other circumstances surrounding the commission of the crime.). She has experience as a litigator, both in insurance defense and juvenile dependency cases. Just because a crime is not considered a felony does not mean there are not serious consequences. (a) Jury Trial. See HB 1196 (2021). Feb 28, 2023 Updated Feb 28, 2023. & License suspension increased by like period. 2023 LawServer Online, Inc. All rights reserved. (First Offense): Imprisonment for 3-30 days; $250-$1,000 fine; license suspension increased by 1 year; additional, inapplicable penalties. (First Offense): Imprisonment for between 30 days and 6 months; $500-$1,000 fine; possible vehicle impoundment of at least 90 days. SOURCES:Joint Procedure Committee Minutes ofJanuary 27-28, 2005,pages 18-19;April 28-29, 1994,page 7;April 20, 1989,pages 10 and 15-17;December 3, 1987,page 14;September 18-19, 1986,page 3;September 26-27, 1985,pages 3-5;June 22, 1984,page 19;February 20-23, 1973,pages 13-14,17;October 17-20, 1972,pages 18-23;February 20-21, 1969,pages 1-3;July 26-27, 1968,pages 11-13; Fed.R.Crim.P. Until 2019, North Dakota had no general authority to seal conviction records, and very limited authority to limit public access even to non-conviction records. First Violation: Summary Offense; $200 fine; license suspension increased by 1 year if originally suspended, 2 years if it was originally revoked. Ingesting any amount of marijuana is a misdemeanor punishable by 30 days imprisonment and/or a maximum fine of $1,500. D2A ($7YOzl$psMZH VBD& ". `LVYpC^&Yw=#\8E}y +X9}?XY?V*'>G1"3[X}$`mQwKRAs(*8s ?ia+Hy{5 %9\RE$}=ufiiO=.=a#B"t8GAhC VjGeU0. . A person who steals property valued at less than $500 faces a class B misdemeanor. P. 32.1 (a file is sealed 61 days after expiration or termination of probation for infractions and misdemeanors). 4. Reinstatement fees of: (First Offense): $210, or $200 if paid by mail. Criminal record in employment & licensingA. Class A Misdemeanor Maximum Penalty: 365 days of imprisonment, a $3,000 fine, or both. Do Not Sell or Share My Personal Information, North Dakota Felony Crimes by Class and Sentences, Do Not Sell or Share My Personal Information, imprisonment in a county jail or correctional facility, attendance at counseling or treatment, or. . Some states may offer an opportunity for a simpler path to expungement for a Class A Misdemeanor first offense. Misdemeanors in North Dakota. Class B misdemeanors carry a maximum penalty of 30 days' imprisonment and up to a $1,500 fine. & Rehab., 5 (Nov. 9, 2010), http://ww.nd.gov/docr/adult/tps/policy2010.pdf. *This statute applies to drivers who have had their license revoked, suspended, or cancelled due to a charge of Driving Under the Influence, (DUI). (Subsequent Offense): Imprisonment for 1 year; $2,000 fine; permanent license revocation; Additional, inapplicable penalties. call 701-235-8000. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. (Second or Third Offense) Class II Misdemeanor: Unable to operate any motor vehicle for 2 year; license revocation for like period. The permitting system is based on the need to control movement into or within North Dakota while allowing for traditional, educational, and/or beneficial uses of select aquatic species. The offender shall deliver the number plates to the court without delay at a time certain as ordered by the court following the conviction. North Dakota's penalties for violating gun laws depend on the offense. https://bismarcktribune.com/news/local/crime-and-courts/north-dakota-pardon-advisory-board-still-seeking-more-applicants-under/article_7fa40ea7-5355-50a4-aaa4-9dcff9551fc3.html. EffectE. North Dakota misdemeanor offenses can be searched using a simple search form in a fairly comprehensive database. There are no general eligibility requirements for people with North Dakota offenses. Offenders must be imprisoned for a minimum of 10 days. may upon request limit public internet access to a defendants electronic court record if the charges are dismissed or the defendant is acquitted. Code 28-32-01(2)(n); Pardon Advisory Board Policies and Procedures, N.D. Dept of Corr. All answers are for information purposes only. Tex. Sealing for deferred imposition of sentence (deferred adjudication)D. Sealing for first offender marijuana possessionE. . OKeeffe OBrien Lyson Attorneys can also be found on Fargo Legal Examiner. (First Offense) Class B Nonperson Misdemeanor: Imprisonment for at least 5 days; fine of at least $100. (2) The geographic area over which the court has authority to decide cases. Code 62.1-02-01(1)(a), (b). (Second Offense): Imprisonment for 1-5 days; $750 fine. (Second Offense) $310, or $300 if paid by mail. Cent. (2) Misdemeanor Cases. P.O. 12.1-31-01.2. Driving privileges reinstatement fee, Indiana Code > Title 9 > Article 14.1 - License Branches, Indiana Code > Title 9 > Article 24 - Drivers Licenses, Missouri Laws > Chapter 302 - Drivers' and Commercial Drivers' Licenses, New York Laws > Vehicle and Traffic > Title 5 - Drivers' Licenses, Tennessee Code > Title 55 > Chapter 17 - Vehicle Sales Licenses, Tennessee Code > Title 55 > Chapter 19 - Commercial Driver Training Schools, Tennessee Code > Title 55 > Chapter 50 - Uniform Classified and Commercial Driver License Act, Texas Education Code Chapter 1001 - Driver and Traffic Safety Education, Texas Transportation Code > Title 7 > Subtitle B - Driver's Licenses and Personal Identification Cards. Riot in the second degree: Class B misdemeanor 53a-178. Rule 23 is adapted from Fed.R.Crim.P. There is also a process by which anyone may request access to records where access is prohibited, and the court weighs the same factors as above. Subdivision (c) does not follow the federal rule in this respect because the North Dakota Constitution, art. (First Offense): Imprisonment for no more than 10 days, $500-$1,000 fine, or both. Law, Government FARGO Librarians across North Dakota are bracing for what they call government overreach as two bills banning sexually explicit content in books make their way through the 68th Legislative Assembly. The law created a new Chapter 12-60.1 authorizing people with both misdemeanor and felony offenses to apply for sealing after a charge-free waiting period of three and five years from the date of last release, respectively, as long as the sentence has been completed. ), In 2019, North Dakota enacted a law authorizing expungement (or sealing) of misdemeanor criminal records if the offender remains crime-free for three years after completion of the sentence. A felony charge will include the possibility of a more severe penalty. Contact NDDOT, $500 fine if below .16 blood alcohol concentration (BAC), Two days imprisonment and $750 fine if BAC .16 or greater, 360 days' participation in the 24/7 program, Two year suspension if .18 BAC or greater, Three year suspension if .18 BAC or greater, One year and one day imprisonment and $2,000 fine, Two years' participation in 24/7 program, Problems maintaining proper lane position. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. the 2019 program on marijuana possession convictions, which require a 5-year conviction-free period. (Fourth or Subsequent Offense) Class I Misdemeanor: Unable to operate any motor vehicle for 2 year; license revocation for like period. The maximum punishment is potentially greater on a class A misdemeanor but both will leave you with a permanent criminal record that cannot be expunged. Inherent judicial authority to expunge unlawful arrests, dismissals, and acquittals: deferred impositions of sentences or pretrial diversions resulting in dismissal. In addition, the court. The court must decide whether there is an overriding interest to overcome the presumption of openness of court records, and the court must articulate this interest along with specific findings that allow a reviewing court to determine whether the order was proper.