HomeMy WebLinkAbout90-141 - ADMIN Resolution - City Council - 1990/10/01RESOLUTION NO.
90-141
A RESOLUTION REGARDING AMENDMENTS 8.04 AND 11.07 OF THE
MINNESOTA RULES OF CRIMINAL PROCEDURE WHICH ARE TO TAPE EFFECT
JANUARY 1. 1991.
WHEREAS. The Minnesota Supreme Court has promulgated a new
rule of Criminal Procedure effective January 1. 1991. which would
require mandatory full Omnibus hearings in all felons/ and gross
misdemeanor cases within 14 days of the defendant's first
appearance in court, and;
WHEREAS. The City of St. Louis Pari-, charges on average over
800 gross misdemeanors and over 120 felonies per year, and;
WHEREAS, Current City contract with law enforcement officers
requires payment of time and a half for officers called for court
duty even if the case is not heard. This would cause the Citv's
overtime budget to exceed $200,000.00 which places an
unreasonable burden on an already restricted budget, and;
WHEREAS, Mandatory court appearances by officers will create
a public safety hazard by taking officers away from their regular
patrol duty for an undetermined amount of time, and;
WHEREAS, The Hennepin County Public Defenders office. the
Hennepin County Bench, the Hennepin County District Attorney's
office. and numerous law enforcement agencies and cities are__
strongly opposed to the new rule, and;
WHEREAS, The implementation of the amendments will not
increase the speedy resolution of cases already undertalen by the
Hennepin County Attorney's office. NOW, THEREFORE;
BE IT RESOLVED by the City Council of the City of St. Louis Park
that:
1) The Supreme Court Advisory Committee on the Rules of
Criminal Procedure recommend the Minnesota Suoreme Court to
either exempt Hennepin County from the amendments to Minnesota
Rules of Criminal Procedures 8.04 and 11.07 or to repeal said
amendments.
2) The Justices- of the Supreme Court reconsider the
amendments to Minnesota Rules of Criminal Procedures 8.04 and
11.07 and either exempt Hennepin County from the amendments or
repeal said amendments.
Adopted by the City Council October 1, 1990
(» 144i,
Reviewed for administration Approved as to form and execution
City Manager
uu- Paca -514414.44)
City Attorney