N.D. Sup. Ct. Admin. R.
ADMINISTRATIVE ORDER 15 - INTERACTIVE TELEVISION PILOT PROJECT SOUTHEAST JUDICIAL DISTRICT [REPEALED]
This Order authorizes the Southeast Judicial District to implement an interactive
television (ITV) pilot project with ITV sites at the Stutsman County Courthouse and at
the North Dakota State Hospital. This ITV pilot project is intended for mental health
proceedings and is designed to avoid the time, expense, and inconvenience imposed on
mental health patients and participants in proceedings covered by this project. It is
intended to fathom the feasibility of conducting mental health proceedings in venues
outside the Southeast Judicial District. It is intended to enhance the quality of judicial
services provided for mental health proceedings; not in any way to reduce the level of
judicial services for such proceedings.
A. Procedural Exception. The ITV pilot project is excepted from any procedural
or rule to the extent the procedure provided in this Order is in conflict with the procedural
statute or rule including the following: N.D.R.App.P. 2.1, N.D.R.Civ.P.43, N.D.C.C.
§ § 25-03.1-15, 25-03.1-17, 25-03.1-19, and 31-04-04.
1. This Order authorizes hearings for mental health proceedings under
2. This Order authorizes the following person(s) to present testimony or appear via
in a mental health proceeding:
a. The respondent or patient;
b. A witness;.
c. Legal counsel for a party.
C. Notice, Objection, and Waiver.
1. Notice. Before holding any mental health proceeding by ITV, the Court must
notice of the plan to hold the proceeding using ITV to the petitioner and the respondent.
The notice must advise the parties of the right to object to the use of ITV and inform the
respondent that the proceedings may be taped on video and that, if there is an appeal, the
video tape may be made part of the appendix on appeal or as the record on appeal.
a. ITV may not be used if any party objects. The respondent must be given the
opportunity to consult with an attorney about the right to object to the use of ITV.
b. If the respondent fails to make a timely objection to use of ITV, the court may
continue the proceeding for good cause.
c. If the proceeding is continued due to the respondent's untimely objection, the
respondent will continue to be held at the facility where the respondent was receiving
treatment before the respondent failed to timely object, or at the choice of the treatment
provider in a less restrictive setting, until a face to face hearing can be completed.
d. The face to face hearing shall be scheduled to occur within four days, exclusive
weekends and holidays, of the objection unless good cause is shown for holding it at a
3. Waiver. Upon mutual consent of the parties, and with the approval of the court,
requirements may be waived to allow for the conduct of proceedings without prior notice
or with notice that does not conform to section C 1.
1. A sheriff, sheriff's deputy, treatment facility staff member, or other security
must be present at an ITV site at such times as the court directs.
2. A transcript prepared from an ITV recording may serve as the record of the
proceedings for purposes of appeal.
3. The ITV recording or a tape recording of the ITV proceedings may substitute for
transcript for purposes of expedited appeal under N.D.R.App.P. 2.1(d).
4. The ITV recording or a tape recording of the ITV proceedings may be made part
the appendix on appeal.
5. Attorneys representing respondents in mental health proceedings must be located
with their clients.
6. Each ITV site must provide a facility for a private attorney-client conference
from, but located near, the ITV site.
7. A telephone and a facsimile machine must be available at each ITV site for use
conjunction with an ITV proceeding.
8. To the extent public access is not restricted by state law or court order, the
must be permitted to see and hear any ITV proceeding.
9. Arrangements for the use and operation of the ITV equipment must be made
clerk of court for the county where the ITV equipment will be used.
10. The clerk of court for the county where the ITV equipment will be used must
the ITV equipment is functional and that qualified personnel are present to operate the
ITV equipment and instruct the participants on its proper use.
11. The clerk of court for the county in which the judge sits to conduct the
must designate a person to take custody of any recording and then deliver it to this clerk
of court who must save the tape for at least a year from the date of the proceeding.
12. In the event of equipment failure, such failure is "good cause" for purposes of a
continuance, and the proceeding must be continued until reset by the clerk of court or
district court administrator.
E. Effective Date. This Order is amended effective August 1, 2003, and remains in
effect until further order of this Court. The ITV Protocol Subcommittee must meet 12
months after the Order is entered to review the protocol ordered and recommend revision
of the protocol or discontinuance of the mental health ITV program.