TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: September 11, 2015
RE: Rule 20, N.D.R.Juv.P., Use of Restraints in Courtroom; Rule 21, N.D.R.Juv.P., Title and Citation
The Juvenile Policy Board has developed a new rule on the use of restraints in the courtroom. Proposed new Rule 20 would create uniform standards for the use of restraints in juvenile courts statewide. The board requests that the committee review the proposed new rule and consider whether it should be sent to the Supreme Court for adoption.
The proposed new rule is attached as is proposed new Rule 21, which is identical to current Rule 20 on title and citation.
The proposed rule is based on the standards for the use of restraints in juvenile court developed by the Supreme Court in Interest of R.W.S., 2007 ND 37. Aside from establishing uniform standards statewide, the rule is also designed to make clear that restraints generally are inappropriate in juvenile court and that it is the duty of the juvenile court to exercise its independent discretion on the use of restraints in each particular juvenile case.
The definition section of the rule was based on new language that was recently added to Ch. 62D of the Nevada Revised Statutes. A copy is attached.
During the board's discussions of the proposed new rule, it was suggested that the rule is not completely clear on when and how a proceeding to address whether restraints are necessary in a given case should be conducted. The juvenile directors indicated that Cass County has been operating under the proposed standards since the beginning of summer. Their procedure is to remove restraints before a hearing unless their use is requested, in which case they bring the juvenile into court in restraints and the court then conducts an immediate hearing on whether restraints are necessary. The committee may wish to discuss whether the language of the proposed rule should be amended to clarify when and how a restraint hearing should be conducted.