Joint Procedure Committee Meeting
Scheduled on Monday, January 10, 1977 @ 1:30 PM
MINUTES OF MEETING
Joint Committee of the Judicial Council
and the State Bar Association
Joint Procedure Committee
January 10, 1977
The meeting was called to order at 1:30 p.m., January 10, 1977, by Justice Paul M. Sand, Chairman.
ATTENDANCE
Members Present:
Hon. James H. O'Keefe
Hon. Larry Hatch
Hon. Wm. S. Murray
Mr. David L. Peterson
Mr. Leroy Loder
Hon. Paul M. Sand
Staff Present:
Joel Gilbertson
Eveleen Klaudt
Section 31-01-11, NDCC
There was a general discussion of the proposed amendment to § 31-01-11, NDCC, relating to interpreter for witness.
Judge Hatch MOVED to amend the proposed Bill amending and reenacting § 31-01-ll, NDCC, to read as follows:
31-01-11. Interpreter for witness - When required - How subpoenaed - Oath or affirmation. - When a witness does not understand (((and))) or speak the English language, or is deaf (((and)) or unable to talk, an interpreter must be sworn to interpret for him. Any person who is a (((resident of the property county))) qualified interpretermay be subpoenaed by any court or judge to appear before such court or judge to act as an interpreter in any action or proceeding. The subpoena must be served and returned in like manner as a subpoena for a witness. Any person so subpoenaed who fails to attend at the time and place named in the subpoena is guilty of contempt. The oath or affirmation of the interpreter shall be as follows:
You do solemnly swear (affirm) that you will justly, truly, and impartially interpret to ______________________ the oath (affirmation) about to be administered
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to him; and the questions which may be asked him, and the answers that he shall give to such questions relative to the cause now under consideration before this court (or officer). So help you God. (This you do affirm under the pains and penalties of perjury.)
If the interpreter has conscientious scruples as to taking an oath, he may affirm as is provided in the case of witnesses.
Judge Murray seconded the motion. Motion CARRIED.
Mr. Peterson MOVED to submit the proposed Bill amending § 31-01-11, NDCC, to the Legislature. Judge Murray seconded the motion. Motion CARRIED.
Judge Sand asked the Committee what he would be authorized to say to the Legislature in explaining the proposed amendments: It was the consensus that he was authorized to state, "The Joint Procedure Committee has approved proposed amendments and would like the Legislature to make the necessary changes."
Mr. Peterson MOVED that Chairman Sand or the Staff Attorney, in any case where the committee has suggested legislation, to contact sponsors and have the suggested legislation introduced. The motion was seconded by Mr. Loder. Motion CARRIED
Section 29-28-07, NDCC
Mr. Loder MOVED that the following proposed amendment to § 29-28-07, NDCC, be presented to the Legislature:
29-28-07. FROM WHAT THE STATE MAY APPEAL. - An appeal may be taken by the state from:
1. An order (((quashing))) dismissing an information, (((or))) indictment or complaint or any count thereof;
2. An order granting a new trial;
3. An order arresting judgment; or
4. An order after judgment affecting any substantial right of the state.
Judge Hatch seconded the motion. Motion CARRIED.
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Section 31-08-07, NDCC
Judge O'Keefe MOVED that the proposed amendment to § 31-08-07, NDCC, be presented to the Legislature:
31-08-07. Copies of statements to be provided - When statement admissible. - Copies of statements to be provided - (((When statement admissible.))) Use of statement not prohibited. - Every insurance adjuster, attorney, or any other person who takes the statement of an individual, who may be a party to possible litigation, for use or possible use in the preparation of or trying of a civil suit arising out of a tortious act, and whether said statement be in writing or by any device which records matters stated, other than depositions and court proceedings, shall provide a copy of the statement to the person from whom said statement was taken within thirty days of the making of the statement. Any person violating this section shall be guilty of a class B misdemeanor. (((No such statement shall be used directly or indirectly in connection with a civil action unless submitted to the person as required herein.))) Failure to satisfy the requirements of this section shall not prohibit the use of such statement directly or indirectly in connection with a civil action.
Judge Murray seconded the motion. Motion LOST.
CERTIFICATE OF READINESS RULE
Judge Burdick submitted proposed amendments to the Certificate of Readiness Rule for adoption, but the Supreme Court has taken no action.
Section 29-10.1-10, NDCC
Judge O'Keefe MOVED that the following proposed amendment to § 29-10.1-10, NDCC, be presented to the Legislature:
29-10.1-10. CHALLENGE TO PANEL AFTER INDICTMENT PRESENTED. - At any time prior to pleading to the indictment, the person against whom an indictment has been found and presented may move the court to (((quash))) dismiss the indictment upon the ground that the jurors were not selected or impaneled according to law.
Judge Murray seconded the motion. Motion CARRIED.
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GRAND JURY STATUTES
Judge O'Keefe MOVED that the Staff Attorney draft legislation to advance the concept of secrecy of witnesses, except where there is a need to disclose to the witness' attorney. Mr. Peterson seconded the motion. Motion CARRIED.
Mr. Loder MOVED to draft legislation allowing the attorney of a witness to be present in the grand jury room at the witness' request; or that he be available for consultation but not otherwise be a part of the proceeding.
Mr. Peterson MOVED to delay any drafting and introduction of grand jury statutes. Judge Murray seconded the motion. Motion CARRIED.
Rule ll(d)(6), NDRCrimP
Judge O'Keefe MOVED to adopt Rule 11(d)(6), North Dakota Rules of Criminal Procedure, as proposed:
(6) (((Inadmissibility of))) Plea discussions. If a plea discussion does not result in a plea of guilty, or if a plea of guilty is not accepted or is withdrawn, or if judgment on a plea of guilty is reversed on direct or collateral review, (((neither))) any statement made in connection with and relevant to the plea discussion (((nor))) or any resulting agreement, plea, or judgment (((shall))) is not (((be))) admissible (((against the defendant))) in any criminal or civil action or administration proceeding (((.))) against the person who made the plea or offer. This rule does not apply to the introduction of voluntary and reliable statements made in court on the record in connection with any of the foregoing pleas or offers where offered for impeachment purposes or in a subsequent prosecution of the declarant for perjury or false statement, but only if in any case the statement was made under oath, on the record, and in the presence of counsel.
Judge Hatch seconded the motion. Motion CARRIED.
NEXT MEETING DATE
Judge O'Keefe MOVED that the next meeting of the Joint Procedure Committee be held on April 12, 1977, commencing at 1:00 p.m., and continue for the rest of the day. Judge Hatch seconded the motion. Motion CARRIED.
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Eveleen Klaudt, Secretary