TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 9, 2009
RE: Rule 46, N.D.R.Crim.P., Release from Custody
Attorney Mike Hoffman has asked the Committee to consider whether the 24/7 program is consistent with Rule 46.
Under the 24/7 program, a criminal defendant is subject to intensive sobriety testing. Committee members who practice in criminal law may be able to provide additional insight on the nuts-and-bolts of the program.
Mr. Hoffman has not provided specific proposed amendments to the Committee. Instead his position (as detailed in the attached motion and brief he provided) seems to be that the 24/7 is inconsistent with Rule 46 and that the program was implemented without proper study by this Committee or the Supreme Court.
The materials submitted by Mr. Hoffman suggest that he has not yet convinced a court of
the merits of his position. The Committee may wish to discuss the points that Mr. Hoffman
raises and to provide Staff with guidance on how to respond to his submission.