RULE 19. TRANSFER WITHIN DISTRICT
(a) Initiation of Process by Defendant.
Whenever If a defendant, who after the preliminary examination or a waiver thereof of the preliminary examination, wishes to plead guilty and the district court judge of the district court who would otherwise assigned to take the plea is not conveniently available, he the defendant may request the prosecuting attorney to select another district court judge from within the judicial district to accept his the defendant's guilty plea and impose sentence.
(b) Transfer of Records. The prosecuting attorney shall transfer or cause to be transferred
forthwith, to the district court judge who will selected to accept the plea , the complete file of the case against the defendant. Such proceedings will be duly recorded by the clerk and following After disposition of the case, the file shall must be returned to the clerk of the court where the charge was filed.
Rule 19 was amended, effective_____________.
is an adaptation of N.D.C.C. § 29-09-03, (Prosecution on information without waiting for term of court.) and is designed to overcome the binding effect of term time when the term judge is unavailable and the defendant wishes to plead guilty to a criminal charge. The Rule contemplates that the District Court district court is always open [N.D.C.C. § 27-05-07. (Purposes for which district courts always open -- When and where issues of fact triable.)] to accept a plea.
Rule 19 was amended, effective ______________, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Subdivision (a) provides that the initiation of the process must come from the defendant but the selection of
the an alternate District Judge district court judge to accept such a plea is left to the prosecuting attorney. The procedure is intended to create a balance between the defendant and the prosecution by allowing the defendant to dispose of the case by pleading guilty to the charge; the selection of the judge by the prosecution is intended to prevent "judge-shopping" by the defendant. Since the defendant is not required to maintain his guilty plea after initiating the process, he is protected from an "unsympathetic" judge because the effect of a plea of not guilty reverts the action to its original status before the District Court district court of the term.
is adapted from N.D.C.C. § 29-09-04, (Appearance in court--Chambers--Plea.), and provides that when the an action is transferred, the file shall must be forwarded to the judge who will receive the plea. The proceedings will be held in the judge's chambers, will be recorded and will have the same force and effect as if the proceedings were held in open court of the term.
SOURCES: Joint Procedure Committee Minutes of ______________ pages ___; April 24-26, 1973, page 10; October 17-20, 1972, pages 2-4; September 26-27, 1968, pages 7-9
; Wright, Federal Practice and Procedure: Criminal, § 311 (1969); Barron, Federal Practice and Procedure: Criminal, § 2071 (1951).
SUPERSEDED: N.D.C.C. §§ 29-09-03, 29-09-04.