MEMO
TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Indigent Counsel Rule Changes
At the January meeting, the Committee approved changes to N.D.R.Crim.P. 44 reflecting the new role of the Commission on Legal Counsel for Indigents in providing counsel for indigents and funding the defense of indigents. A copy of Rule 44 that includes the Committee's approved changes is attached.
Staff has located several other rules where related changes could be made:
-- N.D.R.Crim.P. 5. Propose removal of the words "court appointed" in subparagraph (b)(1)(E) and addition of explanatory note language explaining new role of Commission.
-- N.D.R.Crim.P. 11. Propose removal of the words "court appoint" in subparagraph (b)(1)(C) and addition of word "provided." Also propose addition of explanatory note language explaining new role of Commission.
-- N.D.R.Crim.P. 17. Propose adding language to subdivision (b) and to the explanatory note that would redirect indigents seeking subpoena assistance to the Commission. Poor but non-indigent defendants would still be able to seek subpoena assistance from court under subdivision (b).
-- N.D.R.Crim.P. 17.1. Propose removal of the word "appointed" in subparagraph (b)(1)(A) and addition of word "provided." Also propose addition of explanatory note language explaining new role of Commission.
Rule drafts including the proposed changes are attached.
Staff from the Commission on Legal Counsel for Indigents have suggested that the changes be implemented as soon as possible. Their biggest concern is that motions under the ex parte assistance provision of Rule 44 are still being made and these are creating problems for the Commissionthey have to send attorneys out to resist the motions and to request that courts redirect assistance requests to the Commission instead.