TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: December 30, 2014
RE: Rule 2, N.D.R.Juv.P., Hearing Time; Rule 10, N.D.R.Juv.P., Presence, Default
The committee considered and approved proposed amendments to Rule 2 and Rule 10 at the September 2014 meeting. The committee spent a significant amount of time discussing when electronic means should be used for a juvenile proceeding, eventually drafting a new subdivision for Rule 10 that would leave this decision to the court's discretion. The committee also expressed a desire that the rules make clear that shelter care hearings could be held by electronic means.
The Supreme Court in December approved amendments to N.D.R.Crim.P. 43 and N.D. Sup. Ct. Admin. R. 52 related to the use of contemporaneous audio or audiovisual transmission by reliable electronic means in court proceedings. Copies of the approved amendments to these rules are attached.
Staff revisited the committee's amendments to Rule 2 and Rule 10 to conform the proposed language to the Supreme Court's recent amendments and to address the shelter care hearing issue. Staff moved the electronic means hearing language developed by the committee to Rule 2 so that it would be clear it applied to shelter care hearings. Staff added new electronic means language to Rule 10, based on the new language the Court approved for Rule 43. The revised Rule 2 and Rule 10 proposals are attached.