State v. Kopperud

Summary

The North Dakota Supreme Court reversed and vacated an order requiring Julie Ann Kopperud to reimburse the State $1,317.70 in jury expenses after she failed to appear for a scheduled jury trial. The court held that N.D.R.Crim.P. 23.1 plainly prohibits assessing jury expenses in a criminal case. The court noted that contempt sanctions might have been available, but no contempt finding or request for such a sanction was made.

Holdings

1. N.D.R.Crim.P. 23.1 prohibits the assessment of jury expenses in a criminal case, including where the defendant failed to appear for the scheduled jury trial.
2. The reimbursement order could not be sustained as a contempt sanction because the State did not request a contempt sanction and the district court did not find Kopperud in contempt.

Questions Presented

1. Whether N.D.R.Crim.P. 23.1 permits a criminal defendant to be assessed jury expenses after failing to appear for a scheduled jury trial.
2. Whether the district court had authority to impose the jury-expense reimbursement as a contempt sanction or as reasonable prosecution costs.

Disposition

reversed_and_remanded