PATTERN JURY INSTRUCTION COMMISSION
June 13, 2008
MEMBERS PRESENT:
B. Beehler
L. Boschee
A. Boucher
J. Greenwood
J.
Hagerty
T. Kolb
D. Lillehaug
J. Simonson
MEMBERS ABSENT:
J. Anderson
J. Lee
P. Myerchin
J. Webb
GENERAL BUSINESS
Minutes:
Minutes of the March 2008 meeting were reviewed.
Motion to approve: J. Simonson
Second: B. Beehler
Approved
Financial Report:
The 2007-09 PJIC budget is $28,264. Through May 31, 2008, 45.8% of the biennium, the Commission spent $13,047.47, 46.2% of the budgeted amount.
Motion to approve the financial report: J. Simonson
Second: A. Boucher
Approved
Interim Activities:
1. Minutes and instructions drafted at the March meeting were posted.
2. Request regarding a suggested addition to Terrorizing, K - 8.32, was answered and J. Webb was assigned the instruction for October.
3. Instructions and accompanying tables and indices were prepared for the 2008 publication pending approval at this meeting. Draft instructions were sent to Commission members for review prior to this meeting.
4. J. Hauge attended the National Pattern Jury Instructions Conference in Columbus, OH, April 16-18. The conference was attended by roughly 100 judges and attorneys from around the country. There was much networking and sharing of problems and concerns. North Dakota seems as progressive as any state when it comes to drafting instructions in plain English. North Dakota is fortunate to have the support of the Chief Justice and the practicing bar. A list serve has been created since the conference and information will be sent to committee members so they can sign up. Overall, the conference was a worthwhile experience, and if future conferences are held, attendance is strongly encouraged.
5. The annual report was prepared and sent to SBAND.
6. J. Herman, chair of Judicial Conference, was notified which judicial members' terms are ending. Bill at SBAND was notified which attorney members' terms are ending.
OLD BUSINESS - None
NEW BUSINESS
1. Instructions
The instructions approved at the October 2007 and March 2008 meetings were reviewed. Typographical changes were suggested.
Motion to publish the instructions: B. Beehler
Second: J. Greenwood
Approved
Assignments
a. C and K Introductions (P. Myerchin)
b. K-9.01 - K-9.12, K-9.30 - K-9.40 (J. Hagerty)
c. K-16.00 - K-16.15 (B. Beehler)
d. K-17.00 - K-17.15 (J. Simonson)
e. K-18.00-K-18.25 (J. Anderson)
f. K-19.05-K-20.00 (D. Lillehaug)
g. K-20.15-K-20.20 (A. Boucher)
h. C - 80.05, 80.08, 80.52, and 80.56 (J. Lee)
i. K - 1.01 (J. Webb)
j. K - 7.66 (J. Webb)
k. K - 11.35 (J. Lee)
l. K - 5.64 (J. Lee)
m. Instructions relating to lesser includeds - (J. Hagerty)
n. K - 8.32 (J. Webb)
o. Legal Entities, C - 55.12, 55.14, and 55.50 (L. Boschee)
p. Partnership, C - 55.40, 55.45, and New (L. Boschee)
q. Reasonably Safe Product, C - 21.43 (L. Boschee)
The October meeting will be October 2nd and 3rd in Bismarck at the Heritage Center. J. Webb will assume the chairperson duties at that meeting.
Motion to Adjourn: J. Simonson
Second: B. Beehler
Respectfully submitted,
Jennifer M. Hauge
Staff Attorney
8585 62nd Ave SW
Carson, ND 58529
cjhauge@dishmail.net