City of Fargo v. Komad , 2006 N.D. LEXIS 184 ( 2006 )

MARING, Justice,

concurring specially.

[¶ 19] I respectfully concur specially. I write only to state that I am of the opinion both Rule 43 and Rule 37, N.D.R.Crim.P., should be amended to provide for summary affirmance of the judgment when the defendant abandons his appeal from municipal court by failing to appear at the trial anew in district court. I agree with the dissent that it was the intent of those developing Rule 37 that such a remedy should be available for this situation. The drafters relied on N.D.C.C. § 33-12-41 to provide that remedy, but it has been repealed without this remedy being incorporated into our rales of criminal procedure.

[¶ 20] Without this remedy, the district court will be required to expend funds and time issuing bench warrants for all those defendants who decide to abandon their appeals by absenting themselves from the trial anew. This is a waste of judicial resources, when a trial has already taken place. The district court should have the ability to summarily affirm the municipal court judgment under that circumstance.

[¶ 21] MARY MUEHLEN MARING