NDFOP URGES A NO VOTE ON MEASURE 3

The Fraternal Order of Police (FOP) is the nations largest organization of law enforcement professionals,
with over 330,000 members. The North Dakota Fraternal Order of Police (NDFOP) has nearly 1000 active
law enforcement members centered out of seven lodges throughout our State. The NDFOP urges a
no vote on Measure 3, commonly called Marsys Law.
The NDFOP members are part of our States front-line criminal investigators, responsible for
investigations into crimes ranging from murder to domestic violence. The cases NDFOP members solve
can be very complex, and at times full of emotion. Getting to the truth and solving criminal cases is
dependent on the ability to obtain all the relevant information and evidence that will corroborate or
refute a persons claims or allegations. Measure 3 contains a provision that could be used to hamper
criminal investigations, and result in evidence of an accused persons innocence being kept from
investigators. That provision states that a person claiming to be a crime victim has:
The right to prevent the disclosure of information or records . . .which could disclose
confidential or privileged information about the victim . . . .
Medical records in cases with allegations of violence, or financial records in cases alleging fraud or
embezzlement, are examples where confidential or privileged information may be critical to finding the
truth. Under no circumstances should our State Constitution have in it a provision that shields the
truth from the police. Under current law, neutral judges decide what information has to be provided to
investigators, and a persons attorney if they are charged with a crime.
The NDFOP believes
maintaining our current system is fundamental to the integrity of our criminal justice system.
At present, our law has privacy protections so any sensitive information can be shielded from the public
or third parties. Measure 3 seeks to radically change our system of handling important information by
giving the person accusing someone else of a crime control over information that could refute their
claims. There is no common sense behind this provision, and it should not become constitutional law
in North Dakota.
Crime victim rights groups, along with retired judges, criminal defense attorneys, and prosecutors from
all parts of North Dakota have been raising a number of other concerns about the specifics in Measure
3, and have been asking voters to look past the fact-less emotional ads being used to promote this
measure. The NDFOP wants to ensure that the public understands that our criminal investigators need
the best information possible to properly bring the right people into our courts to have their conduct
judged. Please vote no on Measure 3.

Grant Benjamin
President, NDFOP
ndfop@hotmail.com