TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 12, 2017
RE: Rule 41, N.D. Sup. Ct. Admin. R., Access to Court Records; Rule 3.4, N.D.R.Ct., Privacy Protection for Filings Made with the Court
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."
As covered earlier during the discussion of N.D.R.Crim.P. 16, the Dec. 30 A.G. Opinion includes 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.
The proposed amendments to Rule 41 would allow a victim to request nondisclosure of any victim contact information in a court record. The proposed amendments to Rule 3.4 would allow a victim to request that any victim contact information in a document someone proposes to file be redacted. These proposed amendments are intended to be complimentary, one applying to records that have already been filed and the other to records the someone intends to file.
Copies of the proposed amendments are attached.
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).