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Defense attorneys, prosecutors raising concerns about a victim rights' initiative

North Dakota criminal defense attorneys are raising concerns about a proposed initiated Constitutional measure dealing with crime victims' rights.

A group – led by Kathleen Wrigley of Bismarck – wants to put the measure – dubbed “Marsy’s Law” – up for a vote in next November’s election. Secretary of State Al Jaeger is now reviewing the measure’s language.

"A solution in search of a problem." That's how Fargo attorney Mark Friese characterizes the measure. He says since the 1980s, North Dakota has had laws on the books to make sure victim rights are protected.

"I'm not aware of any single case in which victims' rights have been abandoned, or not honored, that would warrant presenting a proposition like this," Friese said. "I think it's out of state advocacy interests that are being thrust on the voters of North Dakota."

Marsy's Law was originally passed in California, after a college student was murdered by here ex-boyfriend. The accused person was released on bail, and later confronted the woman's mother and brother at a grocery store.

Friese says one part of the proposed measure that concerns him is the section allowing victims to refuse to give depositions, interviews or discovery to the accused’s attorney. He called it “ill-advised.” And his concerns are shared by the immediate past president of the North Dakota Association of Criminal Defense Attorneys.

"If defense attorneys are causing problems doing that, the judge has the ability to step in and sanction a defense attorney," said Bismarck lawyer Justin Vinje. "I've never heard of that happening. So why do we suddenly need new Constitutional rightsright now? I just don't see it."

Vinje says this could also lead to increased jury trials.

"And then, guess what? All these poor people are going to have to come and testify at a public trial, which is, in my opinion, going to be a lot more humiliating or embarrassing or troubling than it is just to answer questions in private," Vinje said. "And if we have a lot more jury trials, guess who pays for that? You and I, the taxpayers, do. So this hurts everybody."

Friese says if there are problems with current state law on victim rights, an initiated Constitutional amendment is not the way to go about making changes.

"Legislators should be advised of any problems," said Friese. "The issues should be presented in an open Legislative forum, where the public can come in, rather than broad, sweeping changes that may be appropriate in California, but not in North Dakota."

North Dakota states' attorneys will be inviting the leaders of the Marsy's Law movement in North Dakota to their annual meeting in January. They say they, too, have concerns about the measure.

Supporters will need 26,904 signatures by next July 11th to get the measure on the November ballot.

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