TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 12, 2017
RE: Rule 3.4, N.D.R.Ct., Privacy Protection for Filings Made with the Court; Rule 41, N.D. Sup. Ct. Admin. R., Access to Court Records
On March 30, HB 1057 was signed. This bill makes property and debt listing information confidential and will be added to the code as a new section of N.D.C.C. ch. 14-05.
In response to the new law, amendments are proposed to Rule 3.4 that would require redaction of property and debt listing information from filings with the court. A copy of the proposed amendments is attached. Also attached is a copy of the Appendix H Confidential Information Form. The committee may wish to discuss whether amendments should also be made to the form.
While new confidentiality requirements were added in HB 1057, confidentiality language was removed in HB 1136, the social services bill. This bill was signed March 10. Under the change, confidentiality language protecting reports requested from social services by the court in a juvenile or criminal case has been removed from N.D.C.C. § 50-06-05.1.
Proposed amendments to the appendix of Rule 41 are attached. The amendments would add the property and debt listing changes to the list of statutory protections and remove the social services report reference. The committee may wish to discuss whether the text of Rule 41 should be amended to make social services reports confidential.
The statutory changes take effect August 1. The committee may wish to consider whether the proposed amendments to Rule 3.4 and Rule 41 should be sent immediately to the Supreme Court so they can be considered before the statutory changes become effective.