TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 44, N.D.R.Crim.P., Right to and Appointment of Counsel
On January 1, 2006, the Commission on Legal Counsel for Indigents took over responsibility for indigent defense in North Dakota. Amendments to Rule 44 are proposed that reflect the reduced role of the courts in appointing counsel for indigents and funding the defense of indigents.
The Committee may wish to consider whether additional changes to the rule need to be made to reflect actual practice and lessons learned since the changeover. Another question is whether the Supreme Court should take immediate action on any proposed amendments.
A rule draft with proposed amendments is attached.