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Resolution 2886
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Resolution 2886
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8/17/2016 11:31:18 AM
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.� - <br /> � , <br /> � <br /> cit� o� oR,oNO � <br /> � � <br /> � RESOLUTION OF THE CITY COUNCIL <br /> � NO. 2886 <br /> • - • • <br /> A RESOLIITION TO RECOPIl�ND TO THE SIIPREI� COIIRT ADVISORY <br /> COMMITTEE ON THE RIILES OF CRIMINAL PROCEDDRE TO RESCIND THE <br /> AlKBNDMENTS TO MINNESOTA RIILES OF CRIMINAL <br /> PROCEDIIRE 8.04 AND 11.07 <br /> WH$R$AS, the Minnesota Rules of Criminal Procedure 8.04 <br /> and 11.07 have been amended to require that the omnibus hearing <br /> in all felony and gross misdemeanor cases be held within fourteen <br /> (14 ) days of a defendant ' s first appearance in court; and <br /> WHEREAS, the current practice in Hennepin County is to <br /> reserve the omnibus hearing until the day of trial; and <br /> WHEREAS, the current practice of reserving the omnibus <br /> • issues until the day of trial results in an overwhelming majority <br /> of the cases being settled without the need for an omnibus • <br /> hearing or trial; and <br /> , <br /> WHERBAS, the private defense bar and Hennepin County <br /> Public Defender's office have indicated that under the amended <br /> rules they will demand an omnibus hearing in every gross <br /> misdemeanor and felony case; and <br /> WHEREAS, the implementation of the amendments to <br /> Minnesota Rules of Criminal Procedure 8.04 and 11.07 will have a <br /> substantial and detrimental impact on the City of Orono by: <br /> 1. ) causing a dramatic increase in the overtime costs <br /> of the Orono Police Department; and <br /> ' <br /> 2. ) creating the need to hire additional officers <br /> and/or requi.ring the payment of large amounts of <br /> police overtime pay to handle the law enforcement <br /> duties of those officers who are needed to testify <br /> at omnibus hearings; and <br /> 3 . ) creating a potential need to hire additional <br /> prosecutorial personnel to handle the anticipated <br /> increase in work load; and <br /> • WHEREAS, the amendment to Rules 8.04 and 11.07 wil 1 take <br /> effect on January l, 1991; and <br />
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