Administrative Rule 40 - ACCESS TO AUDIOTAPES OF PROCEEDINGS IN DISTRICT COURT

Obsolete Date: 10/1/2016

SECTION 1. Authority

Under Article VI, Section 3 of the North Dakota Constitution, the supreme court has the authority to establish policies and procedures to be followed by all courts of the state. The court also has specific authority to establish policies relating to court records under 27-02-05.2, NDCC.

SECTION 2. Public Access to Audiotapes

1. Copies of the audiotaped recording of trial court proceedings made under this rule may be purchased by the public unless the proceeding is closed or confidential, or the judge has ordered that all or part of the recording not be available because:

a. it would materially interfere with a party's right to fair trial;

b. a witness or party has objected and shown good cause why it shouldnot be available;

c. it includes testimony of an adult victim or witness in a prosecution underChapter 12.1-20, N.D.C.C., or for charges in which an offense under thatchapter is an included offense or an essential element of the charge, unlessthe victim or witness consents;

d. it includes testimony of a juvenile victim or witness in a proceedingin which illegal sexual activity is an element of the evidence; or

e. it includes testimony of undercover agents or relocated witnesses.

2. The Council of Presiding Judges shall establish procedures to ensure appropriate access to audiotapes.

3. Video or electronic media coverage, if granted, is governed by Administrative Rule 21.

Dated at Bismarck, North Dakota, October 23, 1996.

Gerald W. VandeWalle, Chief Justice
Herbert L. Meschke, Justice
William A. Neumann, Justice
Dale V. Sandstrom, Justice
Mary Muehlen Maring, Justice

ATTEST:
Penny Miller, Clerk
North Dakota Supreme Court

[Adopted effective January 17, 1996, subject to comment; final adoption effective March 6, 1996; amended effective January 1, 1997.]