June 12, 2017
Honorable Gerald W. VandeWalle, Chief Justice
North Dakota Supreme Court
600 East Boulevard Avenue
Bismarck, ND 58505-0530
Re: Rule 41, N.D. Sup. Ct. Admin. R., Access to Court Records; Rule 8.3, N.D.R.Ct., Case Management (Divorce Cases); Appendix E, N.D.R.Ct., Rule 8.3 Confidential Property and Debt Listing Form
Dear Chief Justice:
On March 30, Governor Doug Burgum signed HB 1057. This bill made property and debt listing information confidential and will be added to the code as N.D.C.C. § 14-05-24.3, effective August 1.
In response to the new law, the Joint Procedure Committee has developed proposed amendments to Administrative Rule 41s Section 5 and appendix providing that property and debt listing information are now confidential. The committee proposes a similar amendment to Rule 8.3 and the addition of the word "confidential" to the Appendix E property and debt listing form.
In addition, confidentiality language was removed from the code in HB 1136, the social services bill. Under the change, confidentiality language protecting reports requested from social services by the court in a juvenile or criminal case was removed from N.D.C.C. § 50-06-05.1. The committee proposes an amendment to the Administrative Rule 41 appendix reflecting this change.
The proposed amendments to Administrative Rule 41, Rule of Court 8.3, and the Appendix E property and debt listing form are attached.
The committee appreciates the Court's consideration of these proposals. Thank you for your attention to this matter.
Lisa Fair McEvers
Chair, Joint Procedure Committee