TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: January 12, 2018
RE: Rule 11, N.D.R.Crim.P., Pleas
Justice McEvers has requested that the committee discuss amending Rule 11 to remove an inconsistency.
Rule 11(b)(2) states: "the court must address the defendant personally in open court, unless the defendant's presence is not required under Rule 43(c)." Rule 43(c) refers to a number of scenarios, including when a defendant has already pleaded guilty. Rule 11(g), however, provides the defendant may petition for entry of a guilty plea without being present under Rule 43(b)(2).
Proposed amendments to Rule 11(b)(2) are attached, adding a reference to Rule 43(b)(2).