HomeMy WebLinkAboutResolution - 90-251 - Recommendation to Supreme Court Advisory Committee - CITY OF EDEDT PRAIRIE
• HENNEPIN COUNTY, MINNESOTA
RESOLUTION # 90 - 2 5 r
A RESOLUTION TO FtECCMM M TO THE SUPREME COURT ADVISORY COMMITTEE ON TEE
RULES OF CRIMINAL PROCEDURE TO RESCIND THE AbM MELTS TO M9MUMPA RULES
OF CRIMINAL PROCEDURE 8.04 AND 11.07
WHEREAS, the I,iinnesota Rules of Criminal Procedure 8.04 and 11.07 have been
amended to require that the annibus hearing in all felony and gross misdemeanor
cases be held within fourteen (14) days of a defendant's first appearance in
court; and,
WH]EREAS, the current practice in Hennepin County is to reserve the amnibus
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, in the last three (3) years, the City of Eden Prairie has had to
conduct only one (1) omnibus hearing; and
WH]MAS, the defense bar and Hennepin County Public Defender's officer 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 Eden Prairie by;
1) causing a dramatic increase in the overtime costs of the
Eden Prairie Police Department; and
2) creating the need to hire additional officers to handle
the law enforcement duties of those officers who are
needed to testify at omnibus hearings; and
3) creating the 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 will take effect on
January 1, 1991; and
WHEREAS, the Hennepin County Attorney's Office, the Hennepin County Public
Defender's Office, the Eden Prairie City Attorney's Office and the Eden Prairie
Police Department all strongly appose the amendment to Rules 8.04 and 11.07.
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NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Eden Prairie City Council strongly urges the Supreme Court:
Advisory Committee on the Rules of Criminal Procedure to
recommend that the Minnesota Supreme Court either exempt
Hennepin County from the amendments to Minnesota lades of
Criminal Procedure 8.04 and 11.07 or repeal the amendments
entirely.
2. The Eden Prairie 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
either to exempt Hennepin County from the amendments or to
repeal the amendments entirely. ((��
ADOPTED by the City Council of Elden Prairie this RM-day of
1990.
Mayor
ATTEST:
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CiW Clerk
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