On July 14, 2009, the Joint Procedure Committee filed a request for proposed rule amendment to Rule 5 of the North Dakota Rules of Criminal Procedure-Initial Appearance Before the Magistrate. The Committee addressed this rule in response to 2009 N.D. Sess. Laws. ch. 279, (H.B. 1288). A copy of the Committee's proposed amendment and supporting information
is attached. The Court considered the matter, made a slight amendment to the Committee's proposal, and published the amended proposal
for comment. A copy of the proposal distributed by the Court is also attached. Prior to the August 17, 2009, expiration of the comment period, 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,
, that a hearing be held on the proposed amendment, Wednesday, October 21, 2009, at 1:30 p.m.
in the Ralph J. Erickstad Courtroom of the Supreme Court, at the State Capitol in Bismarck, North Dakota. Time for personal appearances will be limited. Any person wishing to appear must notify Penny Miller, Clerk of the Supreme Court, at least three days prior to the scheduled hearing.
Any person wishing to comment on the proposed amendments may do so in writing prior to the hearing. Written comments may be e-mailed to Penny Miller, Clerk of the Supreme Court, at firstname.lastname@example.org
, or addressed to 600 E. Boulevard Ave., Bismarck, ND 58505-0530.
The Supreme Court of the State of North Dakota convened this 19th day of August, 2009, with the
Honorable Gerald W. VandeWalle, Chief Justice, and the Honorable Dale V. Sandstrom, the Honorable Mary Muehlen Maring, the Honorable Carol Ronning Kapsner, the Honorable Daniel J. Crothers, Justices, directing the Clerk of the Supreme Court to enter the above order.
North Dakota Supreme Court