M E M O
TO: Joint Procedure Committee
FROM: Gerhard Raedeke
RE: Amendment of Judgment by Different Judge
Currently, N.D.C.C. § 27-05-27 prohibits a judge from amending a judgment of another judge. Judge Graff would like § 27-05-27 superseded and a rule adopted allowing a judge to amend a condition in a misdemeanor judgment entered by a different judge.
The purpose of the rule would be to allow a judge to consolidate the proceedings when a misdemeanant violates a condition in more than one judgment.
At the last meeting, the Committee seemed to agree with the concept of Judge Graff's proposal. However, the Committee was unable to agree on the specific language; and after amending the proposal numerous times, the Committee decided it would be better to start fresh at this meeting.
In response to comments at the last meeting, the proposals are limited to judgments entered within the same judicial district. Section 27-05-22, N.D.C.C., generally prohibits a judge from acting outside the judge's judicial district. Does the proposal need to be further limited to judgments entered in the same county of venue?