PATTERN JURY INSTRUCTION COMMISSION
June 14, 2011
6:00 p.m.
West Fargo, ND
MEMBERS PRESENT: J. Anderson, A. Boucher, J. Geiger, D. Lillehaug, T. Kolb, P. Myerchin, J. Webb
MEMBERS ABSENT: M. Armstrong, L. Boschee, J. Hagerty, J. Lee, J. Narum
ALSO PRESENT: Quinn Fylling, law clerk for South Central Judicial District
GENERAL BUSINESS
Chair Judge Anderson called the meeting to order.
Minutes: Minutes of the March 2011 meeting were reviewed.
Motion to approve: P. Myerchin
Second: A. Boucher
Approved
Financial Report: The 2009-11 PJIC budget is $56,020.00 and the Commission has spent $26,149.10 as of May 31. This amount is 46.70% of the budget with 95.80% of the biennium having past.
Motion to approve the financial report: J. Webb
Second: T. Kolb
Approved
Interim Activities
1. Minutes and drafts from the March 2011 meeting were prepared and published.
2. Annual report was completed and submitted to SBAND
3. SBAND was contacted regarding A. Boucher's and L. Boschee's terms. Neither are eligible for another term. Notice was received that Peter Zuger of Fargo and Jason Vendsel of Minot were each appointed to their first term, which will expire June 30, 2014.
4. An e-mail was received from the national Pattern Jury Instruction listserv looking for judges to serve on a committee regarding the newly-drafted "Twitter" instructions. The e-mail was forwarded to all judges serving on the Commission, but no one was able to participate at this time.
5. A graduate student from Oregon contacted Staff regarding the Extreme Emotional Disturbance instruction (K - 6.16). She e-mailed a series of questions which staff will draft answers to.
OLD BUSINESS: None
NEW BUSINESS:
1. Instructions: The instructions approved at the November 2010 and March 2011 meetings were reviewed.
Motion to publish the instructions: A. Boucher
Second: P. Myerchin
Approved
2. Staff Contract: The 2011-2013 contract for staff services was received from the Court Administrator and reviewed by the committee.
Motion to approve the contract: J. Webb
Second: A. Boucher
Approved
3. Chair J. Anderson thanked A. Boucher for his 9 years of service to the Commission. This was A. Boucher's last meeting, as his term expires June 30. J. Hagerty and L. Boschee will also be leaving the Commission following 9 years of service, but neither was able to attend the meeting.
Assignments
1. NDCC 12.1-06.2, Criminal Street Gangs (chapter) - J. Webb
2. NDCC 12.1-07, Treason - Flag Desecration (chapter) - T. Kolb
3. NDCC 12.1-10, Contempt (chapter) - J. Narum
4. K-3.34, 3.40, 3.80 - M. Armstrong
5. C - 12.05 - M. Armstrong
6. NDCC 12.1-11-01, Perjury - J. Lee
7. NDCC 12.1-11-05, Tampering with Public Records - J. Lee
8. NDCC 12.1-11-06, Public Servant Refusing to Perform Duty - J. Lee
9. NDCC 12.1-11-07, Fraudulent Practice in Urine Testing - J. Lee
10. NDCC 12.1-13, Confidential Information - Conflict of Interest - Impersonation (chapter) - J. Anderson
11. In addition, Staff will continue reviewing criminal instructions to see if any new instructions are needed
Motion to Adjourn: J. Webb
Second: A. Boucher
Respectfully submitted,
Jennifer M. Hauge
Staff Attorney
8585 62nd Ave SW
Carson, ND 58529-9617
(701) 522-3360
cjhauge@dishmail.net