Joint Procedure Committee Meeting
Scheduled on Thursday, October 20, 1983 @ 10:00 AM
MINUTES OF MEETING
Joint Procedure Committee
October 20-21, 1983
CALL TO ORDER
The meeting was called to order at 9:00 a.m., 20, 1983, by Justice Paul M. Sand, Chairman.
ATTENDANCE
Present
Hon. Gerald G. Glaser
Hon. Robert C. Heinley
Hon. Frank J. Kosanda
Hon. Lawrence A. Leclerc
Hon. William S. Murray
Hon. Kirk Smith
Mr. Leonard H. Bucklin
Professor Larry Kraft (Arrived at 11:30)
Mr. James L. Lamb
Mr. LeRoy A. Loder
Mr. Raymond Rund
Mr. Dean Winkjer
Absent
Hon. Eugene A. Burdick
Hon. James H. O'Keefe
Professor Robert Vogel
Mr. William A. Hill
Mr. Ward M. Kirby
Mr. Herbert L. Meschke
Mr. David L. Peterson
RULE 32, NDRCrimP/Victim Impact Statement
Mr. Allen Benson, Assistant Attorney General, appeared before the Committee and discussed Rule 32, NDRCrimP, and a proposed victim impact statement.
Mr. Dean Winkjer MOVED to table further discussion of Rule 32, NDRCrimP. Mr. Loder seconded the motion. Motion CARRIED. Mr. Lamb voted nay.
APPROVAL OF MINUTES
Judge Leclerc MOVED that the minutes be approved as submitted. Judge Kosanda seconded the motion. Motion CARRIED.
RULE 52(a), NDRCivP
Discussion of Rule 52(a), NDRCivP, was deferred to the next meeting at the request of Judge Burdick.
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INCOMPETENT ATTORNEYS
Mr. Lamb MOVED to table further discussion of this matter. Judge Leclerc seconded the motion. Motion CARRIED.
LIAISON - MEMBER FROM THE STATE BAR ASSOCIATION TO THE JOINT PROCEDURE COMMITTEE
Mr. Loder MOVED that the chairman send a letter to Mr. Strutz advising him that the Bar is well represented on the committee. Mr. Bucklin seconded the motion. Motion CARRIED.
RULE 48(a), NDRCrimP
Mr. Winkjer MOVED to adopt the amendments to Rule 48(a), North Dakota Rules of Criminal Procedure, as set out in Alternative 1. Mr. Loder seconded the motion. Motion LOST.
Judge Glaser MOVED to table further discussion of Rule 48(a), NDRCrimP. Judge Kosanda seconded the motion. Motion CARRIED.
CAMERAS IN THE COURTROOM
Mr. Lamb MOVED to table this matter because there is no proposal before the committee. Mr. Bucklin seconded the motion. Motion CARRIED.
COMPLAINTS/INFORMATIONS
Judge Smith MOVED to table this matter. Mr. Rund seconded the motion.
Judge Leclerc MOVED a substitute motion to decline to take action in this matter because the present system is adequate. Mr. Lamb seconded the motion. Motion CARRIED.
RECESS
The meeting of the Joint Procedure Committee recessed to 1:00 p.m.
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CALL TO ORDER
The meeting was called by order at 1:00 p.m., October 20, 1983, by Justice Paul M. Sand, Chairman.
ATTENDANCE
Present
Hon. Gerald G. Glaser
Hon. Robert C. Heinley
Hon. Frank J. Kosanda
Hon. Lawrence A. Leclerc
Hon. William S. Murray
Hon. Kirk Smith
Mr. Leonard H. Bucklin
Mr. Ward M. Kirby
Professor Larry Kraft
Mr. James L. Lamb
Mr. LeRoy A. Loder
Mr. Raymond Rund
Mr. Dean Winkjer
Absent
Hon. Eugene A. Burdick
Hon. James H. O'Keefe
Professor Robert Vogel
Mr. William A. Hill
Mr. Herbert L. Meschke
Mr. David L. Peterson
DWI ENHANCED PENALTY STATUTES
Baldasar v. Illinois. The Committee discussed but took no action.
RULE 4(a), NDRAppP
Mr. Dean Winkjer MOVED to recommend the adoption of alternative 1. Judge Kosanda seconded the motion.
Mr. Leonard Bucklin MOVED a substitute motion to adopt the principle of there being an absolute 90-day period of appeal which will conform with the old 90-day statute and to eliminate any extensions of time for excusable neglect, and for the staff to study the appellate rules to see what changes must be made. The motion was seconded by Mr. Winkjer. Motion CARRIED. Judge Murray voted no.
RECESS
The committee recessed for twenty minutes.
NEXT MEETING
The committee set the next meeting of the Joint Procedure Committee for January 19-20, 1984, to commence at 9:00 a.m. on January 19.
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ABSENCE OF COMMITTEE MEMBERS AT MEETINGS
Mr. Dean Winkjer MOVED that conditions of continued membership on the committee require that there be no more than three absences without excuse prior to the meeting. Judge Heinley seconded the motion. Motion CARRIED.
JOINT PROJECT ON APPELLATE HANDBOOK
The committee discussed but took no action.
AMENDMENTS TO FEDERAL RULES
Mr. Bucklin MOVED to place on the agenda for the January meeting the Federal Rules which have been adopted, and to study our Rules within that context. Mr. Lamb seconded the motion. Motion CARRIED.
RECESS
The committee recessed to 9:00 a.m., October 21, 1983.
CALL TO ORDER
The meeting was called to order at 9:00 a.m., October 21, 1983, by Justice Paul M. Sand, Chairman.
ATTENDANCE
Present
Hon. Gerald G. Glaser
Hon. Robert C. Heinley
Hon. Frank J. Kosanda
Hon. Lawrence A. Leclerc
Hon. William S. Murray
Hon. Kirk Smith
Mr. Ward M. Kirby
Professor Larry Kraft
Mr. LeRoy A. Loder
Mr. Raymond Rund
Mr. Dean Winkjer
Absent
Hon. Eugene A. Burdick
Hon. James H. O'Keefe
Professor Robert Vogel
Mr. Leonard M. Bucklin
Mr. William A. Hill
Mr. James L. Lamb
Mr. Herbert L. Meschke
Mr. David L. Peterson
RULE 42, NDRCrimP - CONTEMPT
Mr. Winkjer MOVED to consider alternative 1 to Rule 42, NDRCrimP. Judge Murray seconded the motion. Motion LOST.
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Mr. Winkjer MOVED to refer this matter to the staff for further study and research. Professor Kraft seconded the motion. Motion CARRIED.
RULE 46(d), NDRCrimP/rule 9(b), NDRAppP
Judge Kosanda MOVED that this matter be referred to the staff for further study and research. Judge Heinley seconded the motion. Motion CARRIED.
ADJOURNMENT
Judge Murray MOVED to adjourn. Judge Kosanda seconded the motion. Motion CARRIED.
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Secretary