TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 12, 2017
RE: Rule 12.1, N.D.R.Juv.P., Depositions
N.D. Const. art. I, § 25(1)(f) gives victims: "[t]he right to privacy, which includes the right to refuse an interview, deposition, or other discovery request made by the defendant, the defendant's attorney, or any person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interaction to which the victim consents. Nothing in this section shall abrogate a defendant's sixth amendment rights under the Constitution of the United States nor diminish the state's disclosure obligations to a defendant."
Proposed amendments to Rule 12.1, attached, allow victims to refuse to consent to a deposition in a juvenile matter.