919 N.W.2d 193
N.D.2018Background
- Mark Allen Rogers was charged (2014) with gross sexual imposition (GSI) involving a minor; he fled and was later extradited from Thailand and charged with bail-jumping.
- On March 28, 2017, the district court held a joint hearing on competency and bail-jumping; the courtroom was closed for the competency portion at defense counsel's request and without State objection.
- After the closed competency hearing the court found Rogers competent and he entered guilty pleas to both GSI and bail-jumping; the plea portion occurred in open court.
- Rogers did not object to the closure at the time but raised on appeal that closing the competency hearing violated his Sixth Amendment public-trial right and was structural error.
- The district court later ordered restitution for extradition costs and retained jurisdiction over restitution across the related cases. Rogers appealed the restitution award as arbitrary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Sixth Amendment public-trial right attached to a pretrial competency hearing | Rogers: competency hearing is part of the "criminal prosecution" so the public-trial right attached and closure violated his Sixth Amendment right | State: closure was permissible (cited statutory confidentiality for related proceedings; defense requested closure) | Court: Sixth Amendment public-trial right attaches to pretrial competency hearings; closure without Waller findings violated the right |
| Whether the court erred by closing the competency hearing without explicit findings under Waller | Rogers: court failed to make individualized findings showing overriding interest, narrow tailoring, or consideration of alternatives | State: closure was acceptable here given confidentiality concerns and defense request | Court: closure required application of Waller factors and specific findings; none were made — reversal of closure and remand for new public hearing applying Waller |
| Remedy for unlawful closure of a pretrial competency hearing | Rogers: structural error requires automatic reversal of conviction | State: less drastic remedy may suffice (e.g., new hearing) | Court: follow Waller — remand for a new public competency hearing focused on the original March 2017 evaluation; not an automatic vacatur of conviction unless the new hearing changes the competency finding |
| Whether restitution for extradition costs was permissible and properly assigned to the GSI case | Rogers: restitution for extradition costs was improper/arbitrary | State: costs resulted directly from Rogers’ flight and bail-jumping; restitution jurisdiction was held open and could be assigned to the GSI case | Court: restitution was proper; close causal connection existed between flight and extradition costs; assignment to GSI case and payment to county permissible |
Key Cases Cited
- Waller v. Georgia, 467 U.S. 39 (1984) (public-trial right applies to certain pretrial hearings; sets four-factor test for closure)
- Presley v. Georgia, 558 U.S. 209 (2010) (public's right of access exists even if parties do not assert it)
- Rothgery v. Gillespie County, 554 U.S. 191 (2008) (when Sixth Amendment rights attach; framework for who/when questions)
- Weaver v. Massachusetts, 137 S. Ct. 1899 (2017) (purpose of structural-error doctrine and remedy considerations)
- Marbury v. Madison, 5 U.S. 137 (1803) (every right must have a remedy)