PATTERN JURY INSTRUCTION COMMISSION
June 9, 2009
MEMBERS PRESENT: J. Anderson, B. Beehler, L. Boschee, J. Hagerty, T. Kolb, J. Lee, P. Myerchin, J. Narum, J. Simonson, J. Webb
MEMBERS ABSENT: A. Boucher, D. Lillehaug
ALSO PRESENT: Peter Zuger, law clerk for South Central Judicial District
Chair Judge Webb called the meeting to order.
Minutes: Minutes of the March 2009 meeting were reviewed.
Motion to approve: J. Hagerty
Second: J. Lee
Financial Report: The 2007-09 PJIC budget is $28,264, and the Commission has spent $24,614.95 as of April 30. This amount is 87.08% of the budget with 91.66% of the biennium having past.
Per the Commission's request, Staff researched the availability of tools to assist the Commission in creating jury instructions. The most relevant publication is Communicating with Juries: How to Draft More Understandable Jury Instructions. This booklet is available through the Center for Jury Studies, a division of the National Center for State Courts. All current members already have a copy, and new members receive one upon assuming their spot on the Commission.
Motion to approve the financial report: J. Lee
Second: J. Anderson
1. Minutes and drafts from the March 2009 meeting were prepared and published.
2. Request from CO law student regarding the process we use when drafting Criminal Instructions was received and responded to
3. Financial information was requested, compiled, and reviewed
4. A new two-year contract for staff attorney services was received, reviewed, and signed
OLD BUSINESS - None
1. Judge Webb reviewed the contract for the staff attorney services, and with the consent of the Commission, signed as Chair.
The instructions approved at the October 2008 and March 2009 meetings were reviewed. One typographical change was suggested.
Motion to publish the instructions: J. Hagerty Second: B. Beehler
3. Location of October meeting:
The Supreme Court technology department has an office in downtown Bismarck which includes a meeting room and the equipment the Commission uses during its meetings. It was agreed that a couple members and Staff would look at the facilities and determine whether to hold the October meeting at that site.
1. Partnership, C - 55.40, 55.45, and New - L. Boschee
2. Reasonably Safe Product, C - 21.43 - L. Boschee
3. Legal Entities, C - 55.12, 55.14, and 55.50 - L. Boschee
4. Testimony of Expert, C - 80.05 - J. Lee
5. Testimony of Landowner, C - 80.08 - J. Lee
6. Matters of Common Knowledge and Science - J. Lee
7. Defrauding Secured Creditor (False Statement), K - 11.35 - J. Lee
8. Assisting Jurors at Impasse, K - 5.64 - J. Lee
9. Obviously Intoxicated Person Defined, C - 5.10 - P. Myerchin
10. Sale of Alcoholic Beverages to a Person Under 21 Years of Age, C - 5.20 - P. Myerchin
11. Interrogatories, C - 80.12 - T. Kolb
12. Duty to Accept Law From Court, New - J. Webb
13. Seat Belt Defense, New - B. Beehler
14. "Twitter" Instruction, New - J. Lee
15. Review of new Criminal legislation - J. Simonson and J. Hagerty
The October meeting will be October 1st and 2nd in Bismarck. P. Myerchin will assume the chairperson duties at that meeting.
Motion to Adjourn: J. Lee
Second: J. Simonson
Jennifer M. Hauge
8585 62nd Ave SW
Carson, ND 58529