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Agenda - Council - 01/10/1989
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Agenda - Council - 01/10/1989
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Meetings
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Agenda
Meeting Type
Council
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01/10/1989
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January 4, ].989 <br /> <br />To: <br />From: <br />Re: <br /> <br />City Council. <br />Chief Auspos <br />Officer/City Attorney Court Appearances <br /> <br /> I was recently informed by the City Attorney's office, specifi- <br />cally Tom Fitzpatrick, that all court trials for persons arrested by <br />this department are going to be held i.n the courtrooms in Columbia <br />tleights as of January 3~ 1989. This ruling has come from the Clekk <br />or Court, Jane Morrow, and affects all cities in the county with the <br />exception of the city of Anoka whose court trials will still be held <br />in the Anoka Courthouse. <br /> The reason advanced for this action is that there are not enough <br />courtrooms in the courthouse to handle the current load and that by <br />moving court trials to Columbia Heights this will alleviate the over- <br />crowding. I am told that the county has plans to construct another <br />annex, in Anoka~ and this will solve the problem by bringing all types <br />of trials to the Anoka area. <br /> Currently, when a court trial is scheduled~ the City Attorney <br />contacts our officers to advise them of the date and time. Unless <br />the trial is definitely going to take place, the officers have worked <br />out with Mr. Fitzpatrick to set up a system whereby they remain on- <br />call. at home and if the City Attorney can not work out a plea with <br />the defendant the officers are called to come in. Because they are <br />not far from the courthouse they can appear in a short time and the <br />need for overtime is greatly reduced since there is a minimum two <br />hour call-out time by contract~ <br /> If this new requirement stays in place we will find it totally <br />impractical to have the officers on standby because of the time and <br />d~stacne involved i.n going to .Columbia Heights. If they are sched- <br />uled to appear at 9:0OAM and they show up at that time their two <br />hour minimum is in effect. If the trial(s} proceed, in whatever <br />order the court establishes, the officers wait unitl their turn <br />and this can be three or four hours or more. As it is, we will <br />probably be looking, in the near future, at some sort of request for <br />standby pay in a contract negotiation but even that won't be as ex- <br />pensive, if given, as will the overtime for appearances in Colum- <br />bia lleights. <br /> The Clerk of Court suggested that the prosecuting attorneys <br />could appear at the arraignments in Columbia Heights (arraignments <br />are the first hearing, held prior to a scheduled court trial) and <br />perhaps negotiate some of the cases to guilty pleas thereby negating <br />the need for a court trial in the future. ~nile this may be pos- <br />sible to do it would mean t~at our City Attorney would have to ap- <br />pear in Columbia Heights four times a month at $~ per hour (start- <br />ing from when he leaves the office) and then~ most likely~ would still <br />have to be at court trials two dates a month to prosecute those cases <br />not negotiated at arraignment. <br /> While the construction of a new facility will end the current <br />space crunch, realistically that will be 1990 or later. ! feel that <br />there are other solutions that may be more reasonable and; I might <br />add~ more equitable (the city of Anoka probably generates more court <br />need than Ramsey, St. Francis and the Sheriff's contract areas com- <br />bined!). One way may be to have the areas in the Sourthern half of <br /> <br /> <br />
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