19.8011.01000
Sixty-sixth
Legislative Assembly HOUSE BILL NO. 1069
of North Dakota
Introduced by
Judiciary Committee
(At the request of the Commission on Legal Counsel for Indigents)
1 A BILL for an Act to amend and reenact section 54-61-04 of the North Dakota Century Code,
2 relating to confidentiality provisions applicable to the commission on legal counsel for indigents.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. AMENDMENT. Section 54-61-04 of the North Dakota Century Code is
5 amended and reenacted as follows:
6 54-61-04. Records, files, and information - Accessibility - Confidentiality.
7 AnyExcept as otherwise provided in this section, any file, record, or information regarding
8 representation of a party under sections 54-61-01 through 54-61-03 which areis attorney
9 work-product or otherwise subject to any attorney-client privilege areis confidential and may not
10 be disclosed except in accordance with a court order or in response to applicable discovery
11 rules. Any file, record, or information regarding representation of a party under this chapter
12 which is attorney work-product or otherwise subject to any attorney-client privilege may be
13 disclosed to the party to whom representation was provided and to the attorney who provided
14 representation under this chapter. All other case-related records are exempt from disclosure
15 except as otherwise provided in rules adopted by the commission. Information or records
16 obtained by the commission relating to allegations of misconduct by an attorney in the employ
17 of, or providing indigent services for, the commission are exempt from disclosure except as
18 otherwise provided in rules adopted by the commission unless and until the matter is referred
19 for formal disposition under rules adopted by the supreme court.
Page No. 1 19.8011.01000

Statutes affected:
INTRODUCED: 54-61-04
FIRST ENGROSSMENT: 54-61-04
Enrollment: 54-61-04