PATTERN JURY INSTRUCTION COMMISSION
November 23, 2010
Heritage Center, Bismarck, ND
MEMBERS PRESENT: J. Anderson, M. Armstrong, L. Boschee, J. Hagerty, T. Kolb, J. Lee, P. Myerchin, J. Narum, J. Webb
MEMBERS ABSENT: A. Boucher, D. Lillehaug, J. Simonson
Chair Judge Anderson called the meeting to order. Quinn Fylling, law clerk for the South Central Judicial District, assisted.
Election of Vice-Chair: The vice-chair this year will be an attorney. Service is until June 30, 2011, when the vice-chair assumes the position of chair.
Motion to nominate Tracy Kolb: P. Myerchin
Second: L. Boschee
Membership: B. Beehler completed his service on the Commission in June and he is not eligible to serve another term. The SBAND Board of Governors met in June and appointed Mitch Armstrong to fill the position vacated by B. Beehler. D. Lillehaug was reappointed to a second term.Minutes: Minutes of the June 2010 meeting were reviewed.
Motion to approve: J. Hagerty
Second: P. Myerchin
Financial Report: Financial information has not yet been received from the Supreme Court. In June, the Commission was under budget, and it is assumed that remains the case because there have been no major expenses. Once Staff has the information, it will be communicated to the committee in an e-mail.Interim Activities
1. Minutes from the June 2010 meeting were prepared and posted.
2. 2010 jury instruction changes and updates were sent to SBAND for publication. Notice has since been received that the 2010 instructions are now available.
3. Notice was received from SBAND that Mitch Armstrong of Bismarck was appointed to fill the position held by Brad Beehler, who served three terms and was not eligible for reappointment. D. Lillehaug was appointed to serve a second term.
4. E-mail regarding "Twitter" instruction was received and forwarded to J. Lee.
5. J. Simonson's seat needs to be filled. Staff will contact Judge Geiger, chair of Judicial Conference, regarding an appointment for the remainder of the term, which is through June 2012.
1. Assisting Jurors at Impasse, K - 5.62 - J. Lee was assigned this instruction to review based on questions raised during the State v. Gibbs trial. The language of the current instruction is taken from the case of State v. Champagne, 198 NW2d 218 (ND 1972), and this case is still good law. Because there has been no substantive change in the Allen charge laws, J. Lee recommends the instruction remain unchanged. Discussion was held whether to add a reference to State v. Parisien, which discusses Allen charges. The case was added to the bottom of the instruction.
Motion to Approve: P. Myerchin
Second: J. Hagerty
2. Duties of Jurors and Conduct, New - J. Lee was assigned the task of drafting an instruction regarding the various forms of communication now available to jurors. Instructions in other states range from very basic to very detailed. A federal instruction also exists. J. Lee provided a copy of an instruction he used in trial. Many judges have their own version of this instruction, but there is not one included in the ND JIGS. Proposed changes to the instruction were made to simplify and broaden the language. The "wireless communication device" language of NDRCt 10.1(d) was added.
Motion to Approve: J. Hagerty
Second: J. Lee
Approved, with J. Webb dissenting
J. Lee also presented an admonition that he uses. Discussion was held as to whether this needs to be an actual jury instruction or should be left to each judge. The suggestion was made to include a note recommending language to be included in the judge's admonition.
3. Refusing to Halt, New - P. Myerchin was assigned the task of drafting an instruction to accompany NDCC 12.1-08-11. A citation to the statute was added to the note. This instruction is the companion to K-14.00, Fleeing or Attempting to Elude a Peace Officer. Discussion was held regarding situations where this instruction might be used and ways to improve it.
Motion to Approve and amend K-14.00 to conform: J. Hagerty
Second: J. Narum
ASSIGNMENTS FOR MARCH:
1. Creation, Possession, or Dissemination of Sexually Expressive Images, New - J. Hagerty
2. Lay Opinion Testimony, New - L. Boschee
3. Staff will e-mail the list of criminal statutes that do not have JIGS, and members will review the list and volunteer to draft instructions.
Next meeting will be March 3-4, 2011 at the Heritage Center in Bismarck. The meeting will begin at 12:45.
Motion to Adjourn: J. Webb
Second: P. Myerchin
Jennifer M. Hauge
8585 62nd Ave SW
Carson, ND 58529-9617