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1996 Notice:
Judicial Rules Review Committee
TUESDAY, APRIL 30, 1996 - 10:00 A.M. - ROOM 416 STATE CAPITOL



     NOTICE OF MEETING

TO:            Members of the Judicial Rules Review Committee

FROM:        Kim S. Christy, Research Analyst

DATE:        April 10, 1996

SUBJECT:        April 30 Judicial Rules Review Meeting

Sen. Montgomery and Rep. Valentine have scheduled the next meeting of the Judicial Rules Review Committee as follows:

            DATE:     Tuesday, April 30, 1996                              TIME:     10:00 a.m.
            
PLACE:     Room 416 State Capitol

An agenda for the meeting is attached. Please contact this office at 538-1032 if you are unable to attend.


                 COMMITTEE MEMBERS
        
                 Sen. Robert F. Montgomery, Senate Chair
                 Rep. John L. Valentine, House Chair

            Sen. Wilford R. Black, Jr.    Rep. Christine R. Fox
            Sen. Nathan C. Tanner    Rep. Frank R. Pignanelli

JUDICIAL RULES REVIEW COMMITTEE

Tuesday, April 30, 1996 - 10:00 a.m. - Room 416, State Capitol

AGENDA

10:00 a.m.    1.    Call to Order
- Sen. Robert Montgomery, Chair

                    -    Approval of Minutes of the November 16, 1995 Meeting
                
        2.    Report on Supreme Court Advisory Committees -
Committee Staff
                    
             .     Civil Procedure

                     Proposed modifications to Rules 1, 11, 63A, 64G, 65B, and 65C (along with a related form regarding post-conviction remedies) have been published and are now subject to public comment, which expires May 10, 1996. H.B. 214, Post Conviction Procedure, from the 1996 General Session governs proposed modifications to Rules 65B and 65C addressing petitions for post conviction relief and challenges to proceedings of the Board of Pardons and Parole. In addition H.B. 38, Fees for Writ of Garnishment, also enacted in the 1996 General Session, replaces former rule 64G, which is proposed for repeal. The committee will review this legislation and proposed modifications to these rules along with other items being studied by the advisory committee.

            .     Criminal Procedure
                    
                     Modifications to Rules 7, 14, 26, 29A, and 31 are now published and out for public comment, which expires May 10, 1996. The majority of these modifications eliminate reference to the circuit court due to the completion of court consolidation. The committee will review these rules and other items under study by the advisory committee.

             .     Appellate Procedure

                     Proposed modifications to Rules 3, 43, and Appellate Form 8 have been published and are now subject to the 45-day comment period, which expires May 10, 1996. The proposed modifications eliminate reference to the circuit court due to the completion of court consolidation. These rules along with others being studied by the advisory committee will be reviewed.
                    
             .     Juvenile Procedure

                     A proposed modification to Rule 38 has been published and is now subject to the 45-day comment period, which expires May 10, 1996. The proposed modification eliminates reference to the circuit court due to the completion of court consolidation. This rule and others being studied by the advisory committee to accommodate enacted legislation from the 1996 General Session will be reviewed.

        

             .     Professional Conduct

                     Rule 1.13, Organization as a client, was approved by the advisory committee last year and was also reviewed by the Judicial Rules Review Committee at its June 27, 1995 meeting. The rule was inadvertently omitted in the last publication cycle,

however, and has therefore been included with the recent publication of rules out for public comment, which expires May 10, 1996. Another rule, Rule 8.4, Misconduct, has been modified and approved recently by the advisory committee and will go out for public comment later this fall.

             .     Evidence
                            
                     The committee will review items under study by the advisory committee.

        3.    Code of Judicial Administration Rules - Committee Staff

                
The Judicial Council has proposed modifications to more than sixty Code of Judicial Administration rules. These modifications have been published and are now subject to public comment, which expires May 10, 1996. Many of the modifications accommodate recent legislation governing the completion of court consolidation. Other modifications address qualifications of judges, court interpreters, court facilities planning, priority of post-conviction petitions in capital cases, jury selection and service, alternative dispute resolution, unpublished opinions in criminal cases, membership of the Board of District Court Judges, video arraignment facilities, and responsibilities of the Judicial Nominating Commissions.

12:00 p.m.    4.     Adjourn

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