MINUTES
Holiday Inn Express, Bismarck, ND
April 20, 2007
Members Present:
Justice Mary Muehlen Maring, Chair
Judge Karen Braaten
Dale Rivard
Mike Pesch
Judge Doug Mattson
Val Potter
Jason Andersen
John Grinsteiner
Jackie Presley
Brandi Sasse Russell
Judge Wade Webb
Sue Lass
Nicole Leitner
Staff:
Marilyn Moe
The Juvenile Drug Court Advisory Committee met at the Holiday Inn Express, in Bismarck, on April 20, 2007.
It was moved to approve the minutes of April 21, 2006, by Judge Mattson and
seconded by Judge Webb. Motion carried.
New Business:
Sue Lass reported for the Fargo team. Fargo currently has ten participants in its program. During this reporting period Fargo has had one graduation and two terminations.
The Mentoring Program with the Fargo Police Department continues to provide one-on-one mentoring and group projects. Participants have a possibility of employment with the Fargo Parks and Recreation District during the summer months.
Judge Webb and Sue Lass attended a symposium on Underage Drinking facilitated by
former Governor Sinner. The participants from East Central Juvenile Drug Court also attended
the symposium.
Summer projects for the participants include the River Cleanup, Writing Class and possibly some music classes.
Jackie Presley reported for the Bismarck team. Bismarck currently has eight
participants in its program. Jackie is coordinating a Life Skills Program for the participants.
They meet 1-2 times per week at the Bismarck Public Library. Participants will work on
homework, resumes, college preparation work and develop new community service projects
during the summer months.
Brad Peterson received a $1,400 donation from the Good Shepherd Lutheran Church to
be used for projects in the drug court program.
Youthworks has invited the Native American juvenile drug court participants to attend a
new program they have developed involving Native American culture.
Mike Pesch reported for the Grand Forks team. There are currently eight participants
in the program. The team and participants will celebrate National Drug Court Month and the
court's 7th Anniversary with a Bowling Tournament on May 10th. The participants will be
involved in photo journaling and scrapbooking for a summer project. Two participants have had
employment opportunities with Applebee's in Grand Forks. The YMCA is providing the Grand
Forks Drug Court participants with a $5 membership fee to the YMCA. The participants also
have the opportunity to participate in a guitar program with juvenile court.
Val Potter reported on the Minot Juvenile Drug Court. Minot began operation on
January 18, 2007 and currently has two participants. Val is the new coordinator for the Minot
Juvenile Drug Court. Donations in the amount of $1000 have been received from the Kiwanis
Club and St. Joseph's Hospital.
Marilyn Moe reported that Williston began training with the National Drug Court Institute in April. Judge David Nelson will serve as the primary judge, Marlyce Wilder as
prosecutor, Peter Fureth as defense counsel, Jerry Chapman as treatment provider, Cory Collins
as the school representative, Holly Webster as court officer, Jason Germundson as Williston
Police Department representative. The court plans to begin operation in January of 2008.
Destruction of juvenile drug court participant files. Under the Court Records
Management Program, all juvenile court officer's working files are retained until the child
reaches age 18 or meets all conditions, whichever is later, except for documents governed by
N.D.C.C. § 25-03.04. They are disposed of by shredding. Dr. Thompson, evaluator for the
juvenile drug court program has requested that all drug court participants files be retained for two
years following graduation or termination from the juvenile drug court program, or age 18,
whichever is later. It was moved by John Grinsteiner and seconded by Judge Karen
Braaten that a statement be added to the existing juvenile court officer's working file
statement to read as: Retain until child reaches age 18 or meets all conditions, whichever is later, except for documents governed by N.D.C.C. § 25-03.3-04, and except for files of
children who have participated in juvenile drug court. Those files including juvenile court
and juvenile drug court working files are to be retained for two years from graduation or
termination from the Juvenile Drug Court Program, or age 18, whichever is later. Motion
carried.
Visitors in Courtroom - The committee discussed confidentiality issues with visitors in the courtroom. Consent forms from the Juvenile Drug Court Program Manual were reviewed.
Judge Braaten will check on other models of confidentiality forms. Judge Webb suggested that
the original Confidentiality Form for the courtroom be revised to add the 42 CFR statement at
the bottom of the form. The form should also leave room for the participants to sign in
agreement of any visitors. Each court will draft a new form and send a copy to Marilyn Moe.
Institutionalizing drug court - Justice Maring asked for the committee's opinion on
institutionalizing the juvenile drug courts. Justice Maring had to leave the meeting at this time.
Judge Braaten chaired the meeting in Justice Maring's absence. The judges in attendance asked
to continue the discussion on institutionalizing drug court at the next advisory committee
meeting.
Security in the Courtroom - Judge Webb asked the other courts if there has ever been
any problems with not having security in the court room during juvenile drug court proceedings.
The other courts do have security in the courtroom on occasion; especially if a participant is
being sent to detention. But, there have not been any serious problems with security in the court
room. Marilyn Moe requested input from other drug courts through the American University. It
was the consensus of the courts that responded that they do have some security in the court room
whether it is a police officer or bailiff. Mike Pesch from Grand Forks did report an incident in
their court room during a juvenile drug court session. Judge Braaten made the suggestion that
the teams discuss at their staffing what procedure they will take if an incident arises during a
court session.
Juvenile Act - Detention Revision - A revision Section 8. Amendment. 27-20-14. The
following revision was approved by the legislature on April 13, 2007.
2. If a child is participating in a juvenile drug court program, the drug court may order the
child detained. The child may be detained twice during the child's participation in the
program but the total period of detention under this subsection may not exceed four days
in one-year period.
Old Business:
Revised Program Manual - The committee reviewed the changes submitted by the
committee consisting of Judge Braaten, Jackie Presley, Sue Lass, and Marilyn Moe. It was
moved on a motion by Judge Webb and seconded by Judge Mattson that the Policy
Program Manual be approved with amendments. Motion carried.
Next meeting date: September 18, 2007, Grand Forks, ND.
Meeting adjourned.
Respectfully submitted,
Marilyn Moe