Members Present:
Connie Cleveland
Shari Doe
Kim Hegvik for Reid Brady
Judge William Herauf
Judge Debbie Kleven
Karen Kringlie
Justice Mary Muehlen Maring
Dave McGeary
Judge David Reich
Dale Thompson
Mike Hagburg, Staff
Louis Hentzen, Staff
Members Absent:
Steve Balaban
Lisa Bjorgard
Robin Huseby
Judge Doug Mattson
Tara Muhlhauser
Ken Sorenson
Michelle Kommer, Staff
Justice Maring introduced students from the Leadership Academy at University of Mary: Holly Knoephle, Jackie Duchshnerer, and Erica Pullen.
Judge Kleven reviewed, with the students, the committee work for the last two years.
Review of Minutes
Judge Herauf moved to approve the minutes, Justice Maring seconded. Carried.
Review of Cass County Juvenile Advise of Rights Script
Karen Kringlie explained the history of the advise of rights video that the juvenile court in Cass County has been using. The current referees would record a new one. Connie Cleveland suggested different tapes for delinquent and for deprivation. Other districts may use what they want and most will. Dale Thompson informed Karen that he will furnish to her the "treatment" language he uses in his advise of rights.
Karen reported that Marilyn Moe, Drug Court Program Manager, thought there should be drug and alcohol evaluations earlier in the process for the juveniles. Karen will draft a "Best Practices" section on drug and alcohol evaluations.
Rules
Discussion turned to the rules. Mike Hagburg handed out drafts:
#9 Notice
Add "...a copy must be served on all parties as directed by the court."
Mike will add a new section "b".
Mike will insert "Petitioner" in Rule 2(3).
#10 Discovery
Mike reported this rule is based on an Ohio rule.
(a) add "...prohibited by statute or regulation."
Suggested to make reference to 27-20-51, Inspection of Records, in the Explanatory Note.
Line 8: change "charge" to "allegation".
Line 4: discussion was had as to whether we should change "produce promptly" to a specific time.
Mike might add another section related to "alibi defense".
It was suggested that "6" should address deprivation and termination; "7" address delinquent and unruly; and "8" address alibi language.
Subdivide "l" into compelling language
Subsection "c" should have "a party bring."
Mike will make changes for next meeting.
#11 Subpoena
Add sentence regarding "party being represented by an attorney;" refer to Rule 17.
#12 Lay GAL
Will discuss at next meeting.
#13 Professional Hearing
Will discuss at next meeting.
#14 Modification
Add language from 9(b); should be something in the rule that requires notice when modifying or vacating.
Other Possible Rules
Kim Hegvik inquired as to whether there should be a rule as to who needs to be present at an interview.
Next meeting is scheduled for May 9, 2008, in Bismarck.
Meeting adjourned.