TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 9, 2009
RE: Rule 5, N.D.R.Crim.P., Initial Appearance Before the Magistrate
At its September meeting, the Committee discussed a proposal by McLean County State's Attorney Ladd Erickson regarding uniform citations in criminal cases. The Committee directed staff to contact Mr. Erickson and obtain more information and a definite proposal.
Mr. Erickson has now provided the Committee with proposed amendments to Rule 5. The amendments are intended to complement proposed statutory changes contained in H.B. 1288. Mr. Erickson has indicated that if the statutory changes are passed, they will not become effective until Jan. 1, 2010. The delayed effective date is designed to give the courts ample time to address the changes.
The Rule 5 proposal is attached along with a copy of H.B. 1288 and Mr. Erickson's
previous letter to the Court.