PATTERN JURY INSTRUCTION COMMISSION
June 15, 2012
Whitey's, East Grand Forks, MN
MEMBERS PRESENT: M. Armstrong, J. Geiger, J. Lee, D. Lillehaug, T. Kolb, J. Nelson, J. Vendsel, J. Webb, P. Zuger
MEMBERS ABSENT: J. Anderson, J. Feland, P. Myerchin
ALSO PRESENT: Justin Hughes, law clerk for South Central Judicial District
Chair T. Kolb called the meeting to order.
Minutes: Minutes of the March 2012 meeting were reviewed.
Motion to approve: J. Lee
Second: J. Webb
Financial Report: The 2011-13 PJIC budget is $31,622.00 and the Commission has spent $12,582.67 as of May 31. This amount is 39.80% of the budget with 45.83% of the biennium having past.
Motion to approve the financial report: J. Vendsel
Second: D. Lillehaug
1. Minutes and drafts from the March 2012 meeting were prepared and published.
2. Annual report was completed and submitted to SBAND
3. SBAND was contacted regarding T. Kolb and P. Myerchin's terms. Both are eligible for reappointment.
4. Judicial Conference was contacted regarding J. Geiger and J. Webb's terms. J. Geiger is eligible for reappointment and has been reappointed. J. Webb is completing his third term and is not eligible for reappointment. The Honorable Lisa Fair McEvers was appointed as replacement.
1. J. Nelson researched Jury Room posters reminding jurors not to use technology at any point during court proceedings. The Commission would like to see these posters in every jury room. Staff will contact Court Administration to determine regarding the posters.
1. Instructions: The instructions approved at the October 2011 and March 2012 meetings were reviewed.
Motion to publish the instructions: J. Lee
Second: D. Lillehaug
2. The opening paragraph of many criminal instructions includes the name of the crime. Sometimes the name is capitalized and sometimes it is not. The Commission will look at this issue in October to determine a consistent appearance.
a. NDCC 12.1-16, Homicide (most of chapter) - D. Lillehaug
b. Murder of Unborn Children instructions - P. Myerchin
c. Employer Liability of Production Agriculture Employers - D. Lillehaug
d. NDCC 12.1-21-04 (Release of Destructive Forces); NDCC 12.1-21-06.1 (Interference with Telephone During Emergency Call) - J. Geiger
e. NDCC 12.1-23-13 (Distribution and Use of Theft Detection Shielding Devices); NDCC 12.1-23-14 (Detention of Persons Suspected of Unlawful Use or Removal of Theft Detection Devices) - J. Anderson
f. K - 12.05 - M. Armstrong
g. K - 5.16, in light of State v. Nakvinda, 2011 ND 217 - J. Lee
h. K - 3.40, 3.80 - M. Armstrong
i. K - 20.27 (Failure to Register as a Sex Offender) - J. Feland
j. Capitalization of crime names in introductory paragraph of criminal instructions
Motion to Adjourn: J. Nelson
Second: M. Armstrong
Jennifer M. Hauge
8585 62nd Ave SW
Carson, ND 58529-9617