Joint Procedure Committee Meeting

Scheduled on Monday, March 21, 1983 @ 1:00 PM

MINUTES OF MEETING

Joint Procedure Committee

March 21-22, 1983

CALL TO ORDER

The meeting was called to order at 1:00 p.m., March 21, 1983, by Justice Paul M. Sand, Chairman.

ATTENDANCE

Present:

Hon. Frank J. Kosanda
Hon. William S. Murray
Mr. Leonard H. Bucklin
Mr. William A. Hill
Mr. LeRoy A. Loder
Mr. Herbert L. Meschke

Absent:

Hon. Eugene A. Burdick
Hon. Gerald G. Glaser
Hon. Robert C. Heinley
Hon. Lawrence A. Leclerc
Hon. James H. O'Keefe
Hon. Kirk Smith
Professor Robert Vogel
Professor Larry Kraft
Mr. Ward M. Kirby
Mr. James L. Lamb
Mr. David L. Peterson
Mr. Raymond Rund
Mr. Dean Winkjer

APPROVAL OF MINUTES

Mr. Bucklin MOVED the minutes be approved as submitted. Judge Kosanda seconded the motion. Motion CARRIED.

VICTIM IMPACT STATEMENT

Mr. Calvin Rolfson, Deputy Attorney General, and Al Benson, Assistant Attorney General, appeared before the committee and discussed the concept of, a victim impact statement. Mr. Bucklin MOVED that we consider this at the next meeting and that it placed as one of the first items on the agenda for the next meeting. Judge Kosanda seconded the motion. Motion CARRIED.

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DISCOVERY

Further discussion on discovery was postponed to a later time.

RECESS

The committee recessed for twenty minutes.

REVIEW OF CRIMINAL RULES

The committee discussed Rules 45 and 46, NDRCrimP

RECESS

The committed recessed to 9:00 a.m., March 22, 1983.

CALL TO ORDER

The meeting was called to order at 9:00 a.m., March 22, 1983, by Justice Paul M. Sand, Chairman.

ATTENDANCE

Present:

Hon. Gerald G. Glaser
Hon. Frank J. Kosanda
Hon. William S. Murray
Mr. William A. Hill
Mr. James L. Lamb
Mr. Herbert L. Meschke

Absent:

Hon. Eugene A. Burdick
Hon. Robert C. Heinley
Hon. Lawrence A. Leclerc
Hon. James H. O'Keefe
Hon. Kirk Smith
Professor Robert Vogel
Mr. Leonard H. Bucklin
Professor Larry Kraft
Mr. Ward M. Kirby
Mr. LeRoy A. Loder
Mr. David L. Peterson
Mr. Raymond Rund
Mr. Dean Winkjer

DISCOVERY

Discussion on this matter is postponed to a later time.

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RULE 47, NDRCrimP

This rule was discussed.

RULE 48, NDRCrimP

Judge Glaser MOVED that rules of other States on this topic be researched, and alternative drafts of amendments to this rule be submitted to the committee at its next meeting. Judge Kosanda seconded the motion. Motion CARRIED.

NEXT MEETING

The Committee members discussed and reached a consensus that the next meeting of the Joint Procedure Committee will be on October 20 and 21, 1983. The meeting on October 20 is to commence at 9:00 a.m.; and the meeting on October 21 will adjourn at 12:00 noon.

RULES 51 and 52, NDRCrimP

These rules were discussed.

RULE 53, NDRCrimP, and RULE 10.1, NDROC

Mr. Meschke MOVED that the staff give attention to the current status of fair trial-free press developments in this area for possible consideration. Mr. Hill seconded the motion. Motion CARRIED.

ADJOURNMENT

Mr. Meschke MOVED to adjourn. Judge Kosanda seconded the motion. Motion CARRIED.

________________________
Secretary