Alternative Sentencing In North Dakota
The Rural Practice Association at the University of North Dakota School of Law is hosting a discussion on Alternative Sentencing in North Dakota on Friday, April 5th, 2019, in room 8 at the University of North Dakota, School of Law.
North Dakota CLE and CJE: 3 hours Ethics credits, plus, 2.25 hours general credits
Cost to attend: $40
Tentative Schedule
10:00 am - Opening Statements, Rural Practice Association
10:15 am - Attention Deficit Disorder and Drug Abuse, L. Keith Henry, BS, PhD
11:15 am - BREAK
11:30 am - UCMJ Article 15, History and Practice, David A. Kaufman, CPT, JA
12:30 pm - LUNCH
1:30 pm - Alternative Sentencing Proposal, Angelo Mondragon and Terin Riley
2:05 pm - Programs in Native American Communities, Professor Michelle Rivard Parks
3:00 pm - BREAK
3:15 pm - North Dakota Practices and Problems, Judge D. Foughty, Judge L. Fontaine
4:15 pm – 5:00 pm - Group Discussion and Mixer
The Legal and Ethical Issues
It is the nature of criminal law to expand. As laws become increasingly restrictive, does society have some responsibility to bear the costs of new sanctions on behavior? Everyone breaks the law at some point. Consider that once a person has been labelled Criminal, they are no longer entitled to the highest of Constitutional protections.
Consider the possibility that, at some point, a tangled web of laws can become oppressive and tyrannical in their own right. Has our criminal justice system played some role in the opioid epidemic, the fracturing of communities, and widespread declines in mental health?
The Proposal:
Our proposal borrows and builds on existing programs including the Uniform Code of Military Justice Article 15 – Non-Judicial Punishment, Navajo Peacemaking, and the North Dakota programs Recovery Reinvented and Freedom Through Recovery. We have consulted with lawyers, judges, police, convicts, teachers, tribal members, administrators, and business members.
We have created model guidelines for alternatives to criminal sentencing for North Dakota. The guidelines are a set of “rules” meant to bring uniformity, predictability, and clarity to sentencing alternatives. The discussion will address important procedural and legal questions, such as:
- How does the process work? Who pays for it? Who monitors it?
- When is alternative sentencing appropriate?
- How does it fit within our current system?
- How are the rights and interests of defendants and the State protected?
NOTE: You can participate in person at the school or online through Zoom. If you are participating through Zoom, we will email you the link before the meeting. You will need a computer that has internet access, camera, and microphone. You will not need a special program.
If you are attending online for payment, mail a $40 check, made out to Rural Practice
Association, to:
UND School of Law
Attn: Rural Practice Association
215 Centennial Dr,
Grand Forks, ND 58202
We will mail the receipt back once we get the check. Please contact Angelo Mondragon
at semitavitae@gmail.com with questions.
Speaker Biographies
District Judge Laurie Fontaine, Northeastern Judicial District, Pembina County.
B.S. in Social Science, Mayville State University, 1978; J.D., University of North
Dakota School of Law, 1983. Private practice 1983-1998 in Pembina County; Pembina
County State's Attorney 1987-1998. Elected Northeast Judicial District Judge in 1998,
2004, 2010, 2016.
District Judge Donovan Foughty, Northeastern Judicial District, Ramsey County.
Holds BA and JD degrees from the University of North Dakota. Admitted to the North
Dakota Bar in 1983. County Judge 1987 - 1994. Elected Northeast Judicial District
Judge in 1994, 1996, 2002, 2008 and 2014.
David A. Kaufman, Captain, Deputy Group Judge Advocate, United States Army, 7th Special
Forces Group.
Fellow at the Office of the Public Defender in Petersburg, Virginia. David Graduated
from The College of William and Mary – Marshall Wythe Law School in 2014. He was staff
on the William and Mary Bill of Rights Journal. He received a B.A. in Communications
from The Master’s University, in California.
Michelle Rivard Parks, UND School of Law, Professor; Tribal Judicial Institute
18 years of experience working in Indian country as a prosecutor, tribal attorney,
trial judge and appellate judge. Parks currently serves at the Chief Justice of the
MHA Nation Supreme Court. Parks has subject matter expertise in such matters as domestic
violence, sexual assault, tribal criminal jurisdiction, tribal code development, and
tribal business law. In addition, Parks has taught Federal Indian Law, Tribal Law
and Tribal Economic Development at the University of North Dakota School of Law. She
has also served as a faculty member at regional and national training events for more
than 15 years. She serves on the North Dakota Supreme Court's Tribal-State Judges'
Committee.
L. Keith Henry, BS, PhD; UND, School of Medicine, Associate Professor, Biomedical
Sciences; Adjunct, Chemistry
Researcher of Depression and Drug Abuse: How serotonin and dopamine are inhibited
by compounds such as antidepressants and drugs of abuse such as cocaine, amphetamine
and ecstasy. How these drugs and other atypical drugs interact with the transporters
at the molecular level.
Research emphasis on molecular, pharmacological, epigenetic and computational analysis
of the serotonin and dopamine transporters and their role in human disease.