TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 9, 2009
RE: Rule 21, N.D.R.Crim.P., Transfer from the County for Trial
The Trial Court Unit staff has requested that the Committee consider amendments to N.D.R.Crim.P. 21 on transfers for trial. The unit staff proposes that a specific transfer procedure be added to the rule.
The unit staff indicate that amendment of Rule 21 is necessary to ensure that proper security and courtroom space can be provided at the transfer site. According to Donna Wunderlich, administrator for Unit 3, transfers have been made in the past without coordinating with the receiving unit. Wunderlich said prior coordination should be required by rule. A copy of a unit staff memo explaining the rationale for the proposed amendments is attached.
Staff has prepared a draft of Rule 21 with the proposed amendments included. Staff has
rewritten the proposal slightly so that it conforms to the Committee's drafting guidelines.
The draft is attached.