HomeMy WebLinkAboutResolution 2886 .� -
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� RESOLUTION OF THE CITY COUNCIL
� NO. 2886
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A RESOLIITION TO RECOPIl�ND TO THE SIIPREI� COIIRT ADVISORY
COMMITTEE ON THE RIILES OF CRIMINAL PROCEDDRE TO RESCIND THE
AlKBNDMENTS TO MINNESOTA RIILES OF CRIMINAL
PROCEDIIRE 8.04 AND 11.07
WH$R$AS, 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
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WHERBAS, 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 Orono by:
1. ) causing a dramatic increase in the overtime costs
of the Orono Police Department; and
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2. ) creating the need to hire additional officers
and/or requi.ring 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
3 . ) creating a potential need to hire additional
prosecutorial personnel to handle the anticipated
increase in work load; and
• WHEREAS, the amendment to Rules 8.04 and 11.07 wil 1 take
effect on January l, 1991; and
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r x..A c�t� o� oR,oNO �
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• � RESOLUTION OF THE CITY COUNCIL
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:.� NO. 2886
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WHEREAS, the Hennepin County Attorney's Office, the
Hennepin County Public Defender' s Office , the Orono City
Attorney's Office all strongly oppose the amendment to Rules
8.04 and 11. 07.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Orono 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 Orono 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.
Adopted by the City Council of Orono this 8th day of
October, 1990 .
E ward J. Cal an, Jr. , Ac 'ng Mayor
ATTEST: '
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Theresa L. Naab, Deputy Clerk
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