BISMARCK – Kyle Rittenhouse of Illinois has been known by many in the country as having been involved in a self-defense case and is now expressing support for a North Dakota self-defense bill.
House Bill 1213 would allow North Dakota courts to order the state to reimburse legal costs for individuals found not guilty due to the justification of self-defense. The bill passed the House by a vote of 50 to 40 and is currently being reviewed in the Senate Judiciary Committee.
Rittenhouse told the committee Tuesday he was 17 years old in the summer of 2020 when he was forced to defend his life in Kenosha, Wisconsin, during a protest asking for police reform after several police shootings had taken place. While being chased Rittenhouse shot three men, two fatally. He was found not guilty of murder by a jury in 2021 on the grounds of self-defense.
“I was thrust into a media frenzy and legal battle I was in no way prepared for,” said Rittenhouse. “Without accountability the courts are allowed to impact the lives of your citizens without recourse. By supporting HB1213 you are also supporting the God-given rights that were thoughtfully identified in the second amendment of our constitution.”
Ward County State’s Attorney Rozanna Larson raised concern over the bill, first, because of the presumption that state’s attorneys in North Dakota bring charges based on political motivation and not evidence, and, second, the effect the bill could have on charging decisions, which she said potentially puts prosecutors in the position of being judge and jury.
“In Ward County last year we had over 1,000 new felony counts and over 2,000 misdemeanor counts,” said Larson. “Prosecutors don’t have time to bring malicious cases. We don’t look for the caseload, it comes to us.”
Larson added that prosecutors must have probable cause to prosecute, which is not the highest standard but is more than a hunch. Currently defendants must prove the malicious intention of a prosecutor in order to be reimbursed for their legal fees, and Larson added that there are many cases of self-defense that do not involve a firearm.
The committee has not yet given HB1213 a recommendation.
