TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: September 11, 2014
RE: Amendments to Juvenile Rules
The North Dakota Supreme Court has referred proposed amendments to the Rules of Juvenile Procedure to the committee for review and comment. Clerk Penny Miller's referral email is attached for the committee's information.
The Juvenile Policy Board spent several months reviewing North Dakota Unified Judicial System Policies relating to juvenile court and juvenile procedure. It decided that policy language relating to court procedure should be transferred to the procedural rules so it would be more accessible to people using the court system. In the process of drafting the new rules and rule amendments, the board also updated and consolidated some language.
The board proposes amendments to five rules: N.D.R.Juv.P. 2 (Hearing Time), N.D.R.Juv.P. 3 (Contents of Petition), N.D.R.Juv.P. 5 (Summons), N.D.R.Juv.P. 10 (Presence, Default), and N.D.R.Juv.P. 17 (Juvenile Court Guardian ad Litem).
The board proposes that two new rules using language from juvenile policies be created: N.D.R.Juv.P. 18 (Disposition; Conditions) and N.D.R.Juv.P. 19 (Juvenile Records).
Specifics about the amendments and the new rules are discussed in the memos that follow.
The board also amended the language that remained in its policies, consolidating the left over language in Policy 401 and deleting text and adding cross-references to Policies 402, 403, 404, 405, 407, and 408. The amended policies are attached to provide the committee with background on where the new procedural rule language comes from.