TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 12, 2017
RE: Rule 16, N.D.R.Crim.P., Discovery and Inspection
N.D. Const. Art. I, § 25(1)(e) gives victims: "[t]he right to prevent the disclosure of information or records that could be used to locate or harass the victim or the victim's family, or which could disclose confidential or privileged information about the victim, and to be notified of any request for such information or records."
On pages 4-6 of the Dec. 30 A.G. Opinion there is a discussion of this provision. While the opinion finds Art. I, § 25(1)(e) in general to be ambiguous, it does conclude that victims may request nondisclosure of contact information under the provision.
Proposed amendments to Rule 16, attached, would allow victims to request nondisclosure of victim contact information to the defendant by the prosecutor.
In an e-mail, attached, attorney Mike Hoffman proposed some adjustments to internal references in the rule. His proposed changes are included in the Rule 16 draft.
In addition, a reorganization of the explanatory note is proposed. Under the reorganization, references to subdivision (a) of the rule would be moved so they would appear before references to subdivision (f).