AO 25-01, a recent advisory opinion issued by the North Dakota Ethics Commission, has been determined to exceed the commission’s statutory authority. According to a statement released on December 12, 2025, the commission’s power to issue advisory opinions comes from state law rather than the North Dakota Constitution.
The release highlights that Article XIV of the state constitution, which established the commission, does not reference advisory opinions or authorize the commission to grant legal immunity. This function is outlined instead in North Dakota Century Code section 54-66-04.2.
A link was provided for further information on the opinion: Link to opinion 2025-L-02.
