PATTERN JURY INSTRUCTION COMMISSION
The Pattern Jury Instruction Commission met in the Centennial Room, Medora Conference Center, beginning at 5:30 p.m.
MEMBERS PRESENT: B. Beehler, L. Boschee, J. Haskell, J. Greenwood, J. Hagerty, J. McClintock; A. Bouchee, S. Plambeck, T. Purdon (by telephone conference); T. Slorby (guest)
MEMBERS ABSENT: J. Bekken, K. Brust, J. Rustad
J. Hagerty served as chair for the meeting. Assistance for arranging the conference call was provided by LeeAnn Galster, Medora City Auditor.
Minutes: Minutes of the March meeting were reviewed.
Motion to approve: L. Boschee
Second: J. Haskell
Financial Report: The 2001-03 PJIC budget is $24,697. Through April, the Commission spent $23,414.
Handouts and information provided during the March meeting was sent to members not in attendance. Drafts of the March instructions were prepared and posted with minutes of the March meeting on the Supreme Court website. Due to an ongoing review, the Commission requested that S. Plambeck's term on the Commission be extended. The jury instructions were entered on the SBAND website, and several suggestions were forwarded to SBAND. An annual report was prepared.
C - 3.64, Backing Movements: B. Beehler completed the review of this instruction which was initially discussed at the March meeting. Cites were corrected, and the most relevant cites retained. There is no North Dakota case directly applicable. A new title, Duty of Train Employees - Backing Movements, was proposed.
Motion to approve: J. McClintock
Second: J. Haskell
The 2003 civil and criminal drafts were reviewed. With minor corrections, the consensus was to proceed with publication. S. Plambeck reported that there has been a request to review the presumption instructions. Previous assignments for the October meeting were discussed. Additionally, J. Hagerty will review new criminal legislation. A. Boucher will reassign selected topics in the miscellaneous torts section. B. Beehler will review the civil introductory instructions, and T. Purdon will review suggestions regarding reasonable doubt sent to the Commission by M. Hoffman.
The next PJIC meeting will be October 2 & 3, 2003. Meetings are scheduled for June, the first Thursday and Friday in March, and the first Thursday and Friday in October each year.
The business meeting was adjourned, and dinner was served.
Lynn A. Kerbeshian