TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 10, 2015
RE: Rule 5, N.D.R.Crim.P., Initial Appearance Before the Magistrate
Amendments to the Federal Rules of Criminal Procedure took effect in December 2014. Fed.R.Crim.P. 5 was amended to include a requirement that the defendant in a felony case be informed at the preliminary examination of the right of a defendant who is not a U.S. citizen to request that a consular officer be informed of the defendant's arrest.
The federal criminal rules committee's documentation explaining this change is attached. The basic reason for the change is that such a notification is required under Article 36 of the multilateral Vienna Convention on Consular Relations. The amendment is generic and must be given to all felony defendants, like the new warning on immigration consequences in Rule 11.
Proposed amendments to Rule 5 incorporating language based on the federal change are attached. Addition amendments replacing "interactive television" with the Supreme Court's "contemporaneous audio or audiovisual transmission by reliable electronic means" language are including in the draft.