When an accusation in writing and verified by the oath of any person is presented to the district court, alleging that an officer or school board member within the jurisdiction of the court has been guilty of charging and collecting illegal fees for services rendered or to be rendered in that officer's or school board member's office, or has refused or neglected to perform the official duties pertaining to that officer's or school board member's office, or has been rendered incompetent to perform said duties by reason of habitual drunkenness or other cause, the judge of the court to whom it is delivered must transmit the accusation to the state's attorney of the county, or in case it is against the state's attorney of the county, the accusation must be delivered as provided by section 44-10-15.
N.D.C.C. § 44-10-16