TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: April 26, 2016
RE: Rule 43, N.D.R.Crim.P., Defendant's Presence
At the last meeting, the committee approved proposed amendments to Rule 10 and Rule 43 clarifying that a represented defendant in a felony case may waive the arraignment in writing. The committee decided to send these proposed amendments directly to the Supreme Court.
The Court considered the proposed amendments and decided that defendants seeking waiver of the preliminary hearing and arraignment should be required to acknowledge in writing that they have been informed of their rights. The Court also suggested that the committee develop a form for the use of defendants seeking waiver. A referral letter from Penny Miller is attached, outlining the Court's actions and suggestions.
The Court's proposed amendments to Rule 43 are attached for the committee's review. Staff has drafted a proposed form, attached, for defendants seeking waiver. This proposed form was based on the form currently used by misdemeanor defendants and contains language based on the recital of rights in N.D.R.Crim.P. 5 and 11.