HomeMy WebLinkAboutCity Council Resolution 1990-649CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
RESOLUTION # 90-649
A 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 11.07
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 Plymouth by:
1) causing a dramatic increase in the overtime costs of
the Plymouth 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
3) creating a 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
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. WHEREAS, the Hennepin County Attorney's Office, the Hennepin
County Public Defender's Office, the Plymouth 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 Plymouth 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 Plymouth 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 Plymouth this 1st day of
October & 1990.
ATTEST:
/s/ Laurie Rauenhorst
City Clerk
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/s/ Kim M. Bergman
Mayor