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CITY, ND – (NewsDakota.com) On Tuesday, November 8, North Dakota voters will decide whether to amend our state Constitution through Measure 3, otherwise known as “Marsy’s Law.” 
 
Barnes County State’s Attorney Carl Martineck issued the following statement as to why he and may other North Dakota based organizations are opposed to Measure 3.

Measure 3 represents an abuse of the initiated measure process, in which volunteers were paid to gather signatures on behalf of a California billionaire to get his deceased sister’s name enacted into state constitutions in several states.  This is not a grassroots campaign led by North Dakota citizens.  No attempts were made by the Marsy’s Law folks to work with the state legislature to first determine if improvements could be made to statutory law.
 
In fact, all of the proposals set forth in Measure 3 already exist in the North Dakota Century Code.  North Dakota provides for 18 enumerated victim rights including the right to notice of court and parole hearings, and notice if an offender is released from custody.  North Dakota crime victims also have the right to receive restitution, the right to provide information to the judge including sentencing recommendations, the right to be present at court hearings, the right to be free from harassment or intimidation, and the right to be heard at bond or parole hearings.
 
Barnes County employs a full-time Victim/Witness Coordinator through the State’s Attorney’s Office in order to ensure that the rights set forth above are protected.  We provide court appearance notification services, informational services related to victim compensation and restitution, referrals to other agencies, and instructions for signing up for the North Dakota State Automated Victim Information and Notification Program (“ND SAVIN”).  Most, if not all, counties with a full time State’s Attorney employ one or more individuals to provide these services.  In smaller counties, the State’s Attorney is responsible, under current law, for providing this information to crime victims.
 
Many of the current services provided to crime victims are funded by state and federal grants; yet, Measure 3 is expected to cost taxpayers nearly $4 million per biennium.
 
A tremendous amount of time and money has already been expended to create ND SAVIN, where crime victims and their families can register to receive emails, texts, or calls when there is a development in an offender’s case.
 
For these reasons, I am appalled at the salacious nature of radio and TV ads and mailers that have been funded by an out-of-state interest, which appeal to base instincts and voter emotion to imply that crime victims are being re-victimized during the investigation and prosecution process.  The truth is that Measure 3 is an unfunded constitutional mandate that has been put together without involved debate or thoughtful deliberation.  It will bog down court proceedings, divert resources that are already being provided to the victims of our most serious crimes, take years of litigation to sort through the legal ramifications, and provide no additional protection for crime victims.
 
I sympathize with proponents who feel that they have been abused or mistreated by the criminal justice system.  However, bad constitutional law is not a substitute for enforcing laws and improving existing services.  North Dakota laws pertaining to fair treatment of victims have been in place since 1987 and are arguably the best and most comprehensive in the nation.  Measure 3 is opposed by the Council on Abused Women’s Services, the North Dakota Victim’s Assistance Association, the North Dakota Women’s Network, the North Dakota Criminal Defense Attorney’s Association, the North Dakota State’s Attorney’s Association, and the North Dakota Fraternal Order of Police.
 
Other individuals have spoken out against Measure 3 including former North Dakota Attorney General and retired district judge Robert Wefald, current Supreme Court Justice Dale Sandstrom, and State’s Attorneys from Cass, Grand Forks, and Sheridan Counties.
 
There is no legitimate end in enacting Marsy’s Law.

Carl Martineck, Barnes County State’s Attorney.