RULE 19. TRANSFER WITHIN DISTRICT

Effective Date: 3/1/2006

If a defendant wishes to plead guilty and the district court judge assigned to take the plea is not conveniently available, the parties may request another district court judge from within the judicial district to accept the defendant's guilty plea and impose sentence.

Rule 19 was amended, effective March 1, 2006.

Rule 19 contemplates that the district court is always open to accept a plea.

Rule 19 provides that the parties acting together may request an alternate district judge to accept a guilty plea. The procedure is intended to allow the defendant and the prosecution to dispose of the case without waiting for the original judge to become available. The alternate judge may take the plea as requested or decline the request.

Former subdivision (b) was deleted effective March 1, 2006.

Rule 19 was amended, effective March 1, 2006, in response to the December 1, 2002, revision of the Federal Rules of Criminal Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.

SOURCES: Joint Procedure Committee Minutes of January 27-28, 2005, pages 15-16; April 24-26, 1973, page 10; October 17-20, 1972, pages 2-4; September 26-27, 1968, pages 7-9.

STATUTES AFFECTED:

SUPERSEDED: N.D.C.C. §§ 29-09-03, 29-09-04.

Effective Date Obsolete Date
03/01/2006 View
04/24/1973 03/01/2006 View