TO: Joint Procedure Committee
FROM: Andy Forward
DATE: September 10, 2009
RE: Rule 5, N.D.R.Crim.P., Initial Appearance Before the Magistrate
At its May 2009 meeting, the Committee proposed amendments to Rule 5 regarding the use of a uniform complaint and summons. The amendments were sent to the Supreme Court on an expedited basis as an emergency measure on July 14, 2009. The Court considered the matter, made a slight amendment to the Committee's proposal, and published the amended proposal for comment. Comments were filed with the Clerk of the Supreme Court and referred to the Court. The Court further considered the matter, and in light of the comments, ordered that a hearing be held on the proposed amendment on October 21, 2009, at 1:30 p.m. Staff will appear on behalf of the Committee at the hearing. If anyone else wishes to appear at the hearing, they need to notify Supreme Court Clerk Penny Miller by October 16.
The Court made a slight change to the last sentence of proposed subdivision (e) by deleting the phrase "[i]n any circumstance where." A copy of the Committee's proposed rule and a copy of the Supreme Court's proposed rule is attached.