HomeMy WebLinkAbout1990-229 CCR Member Philip Cohen introduced the following resolution
and moved its adoption:
RESOLUTION NO. 90 -229
RESOLUTION TO RECOMMEND TO THE SUPREME COURT
ADVISORY COMMITTEE ON THE RULES OF CRIMINAL
PROCEDURE TO RESCIND THE AMENDMENTS TO
MINNESOTA RULES OF CRIMINAL PROCEDURE 8.04 AND 1107
WHEREAS, the Minnesota Rules of Criminal Procedure 8.04 and 11.07
have been amended to require that the omnibus hearing in all felony and gross
misdemeanor cases be held within fourteen (14) days of a defendant's first
appearance in court; and
WHEREAS, the current practice in Hennepin County is to reserve the
omnibus hearing until the day of trial; and
WHEREAS, the current practice of reserving the omnibus issues until
the day of trial results in an overwhelming majority of the cases being settled
without the need for an omnibus hearing or trial; and
WHEREAS, the private defense bar and Hennepin County Public
Defender's office have indicated that under the amended rules they will
demand an omnibus hearing in every gross misdemeanor and felony case; and
WHEREAS, the implementation of the amendments to Minnesota Rules
of Criminal Procedure 8.04 and 11.07 will have a substantial and detrimental
impact on the City of Brooklyn Center by:
1. causing a dramatic increase in the overtime costs (estimated
$25,000 annually) of the Brooklyn Center Police Department; and
2. creating the need to hire additional officers and /or requiring the
payment of large amounts of police overtime pay to handle the law
enforcement duties of those officers who are needed to testify at
omnibus hearings, and
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RESOLUTION NO. 90 -229
3. creating a need to hire additional prosecutorial personnel
(estimated $25,000 annually) to handle the anticipated increase in
workload; and
WHEREAS, the amendment to Rules 8.04 and 11.07 will take effect on
January 1, 1991; and
WHEREAS, the Hennepin County Attorney's Office, the Hennepin
County Public Defender's Office, the Brooklyn Center City Attorney's Office
all strongly oppose the amendment to Rules 8.04 and 11.07; and
WHEREAS, Brooklyn Center and other municipalities are subject to
strict state property tax levy limits which prohibit increases in property taxes
to cover increased costs. These increases would then require municipalities to
cut existing programs to meet these costs.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Brooklyn Center City Council strongly urges the Supreme
Court Advisory Committee on the Rules of Criminal Procedure to
recommend that the Minnesota Supreme Court exempt Hennepin
County from the amendments to Minnesota Rules of Criminal
Procedure 8.04 and 11.07, repeal the amendments entirely, or
grant Hennepin County a further one year exemption and order
hearings to be held on the necessity of changing the present
system.
2. The Brooklyn Center City Council strongly urges the Justices of
the Minnesota Supreme Court to reconsider the amendments to
Minnesota Rules of Criminal Procedure 8.04 and 11.07 and
exempt Hennepin County from the amendments, repeal the
amendments entirely, or grant Hennepin County a further one
year exemption and order hearings be held on the necessity of
changing the present system.
RESOLUTION NO. 90 -229
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October 15, 199
Date ay
ATTEST:
Clerk
The motion for the adoption of the foregoing resolution was duly seconded by
member Jerry Pedlar and upon vote being taken thereon, the
following voted in favor thereof: Dean Nyquist, Todd Paulson, Jerry Pedlar,
and Philip Cohen;
and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
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