TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 12.3, Fed.R.Crim.P., Notice of a Public Authority Defense; Rule 12.4, Fed.R.Crim.P., Disclosure Statement.
Fed.R.Crim.P. 12.3 requires disclosure of a "public authority defense." The public authority defense allows a defendant to claim a reasonable reliance on the authority of a government official to engage the defendant in a covert activity. There is no indication that this defense is recognized in North Dakota. A copy of Fed.Crim.P. 12.3 is attached, and if the Committee believes North Dakota should consider adopting a similar rule, staff will prepare a draft proposal.
Fed.R.Crim.P. 12.4 requires filing of a corporate disclosure statement. There is also a federal civil an appellate rule that require similar statements. In April 2003, the Committee considered adoption of similar rules in North Dakota and rejected the idea by a 12-4. A copy of Fed.Crim.P. 12.4 is attached, and if the Committee believes that it should revisit the issue of adopting a similar rule, staff will prepare a draft proposal.