North Dakota Code § 32-31-04

Special counsel
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If the attorney general or state's attorney of such county shall fail or refuse to institute an 
action, or if the board of county commissioners of the county interested, or the governing board 
of any city or school district interested in such taxes, shall desire to be represented by additional 
counsel, the district court, upon application, may enter an order appointing special counsel to 
represent such county, city, or school district.

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