PATTERN JURY INSTRUCTION COMMISSION
June 15, 2010
6:00 p.m.
Bismarck, ND
MEMBERS PRESENT: J. Anderson, B. Beehler, L. Boschee, A. Boucher, D. Lillehaug, T. Kolb, J. Lee, J. Webb
MEMBERS ABSENT: J. Hagerty, P. Myerchin, J. Narum, J. Simonson
ALSO PRESENT: Rachel Thomason, law clerk for South Central Judicial District
GENERAL BUSINESS
Vice-Chair Judge Anderson called the meeting to order.
Minutes: Minutes of the March 2010 meeting were reviewed.
Motion to approve: J. Lee
Second: J. Webb
Approved
Financial Report: The 2009-11 PJIC budget is $34,020.00 and the Commission has spent $13,265.35 as of May 31. This amount is 38.99% of the budget with 45.83% of the biennium having past.
Motion to approve the financial report: A. Boucher
Second: B. Beehler
Approved
Interim Activities
1. Minutes and drafts from the March 2010 meeting were prepared and published.
2. Annual report was completed and submitted to SBAND
3. Notice was received that J. Lee and J. Anderson have each been appointed to serve another term on the Commission.
4. SBAND was contacted regarding D. Lillehaug's and B. Beehler's terms. B. Beehler is not eligible for another term. The item is on the Board of Governor's agenda for this evening.
5. Request was received from the SC looking for history on K-5.01, Duty of Jury. The instruction is from 1985 (reviewed in 2007 with only a citation added). Staff's minutes do not go back that far, attempts have been made to find something to aid in the request.
OLD BUSINESS: None
NEW BUSINESS:
1. Instructions: The instructions approved at the October 2009 and March 2010 meetings were reviewed. A grammatical change will be made to C-55.25; no other changes were suggested.
Motion to publish the instructions: J. Webb
Second: D. Lillehaug
Approved
2. Date of October meeting: The date for the fall meeting needs to be changed because Staff is unable to make it at the scheduled time. It was suggested that a meeting be held in conjunction with Judicial Conference in late November. Because 5 members were missing, it was decided that an e-mail would be sent soliciting suggestions.
3. Commission Policy: It was decided that the Commission would adopt the following policy: Staff shall have discretion to spend $150 without prior consent of the Commissioners. Any expenditure in excess of $150 will require prior approval of the Commissioners.
Motion to adopt policy: J. Lee
Second: D. Lillehaug
Approved
4. Chair J. Anderson thanked B. Beehler for his 9 years of service to the Commission. This was B. Beehler's last meeting, as his term expires June 30.
Assignments
1. Assisting Jurors at Impasse, K - 5.64 - J. Lee
2. "Twitter" instruction, New - J. Lee
3. Refusing to Halt, New - P. Myerchin
4. Creation, Possession, or Dissemination of Sexually Expressive Images, New - J. Hagerty
5. Lay Opinion Testimony, New - J. Simonson
6. Change in gross sexual imposition law re: administration of alcohol
7. Wrongful Death instructions - A. Boucher, T. Kolb
8. In addition, Staff will be reviewing criminal instructions to see if any new instructions are needed
Motion to Adjourn: J. Webb
Second: B. Beehler
Respectfully submitted,
Jennifer M. Hauge
Staff Attorney
8585 62nd Ave SW
Carson, ND 58529-9617
(701) 522-3360
cjhauge@dishmail.net