90-64 - 10-02 Recommend Committee Rules of Criminal Procedure Rescind AmendmentsResolution 90-64
October 2, 1990
Member Johnson introduced the following resolution and moved its adoption:
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 mis-
demeanor 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, in the last one and one-half years (1 1/2), the City of Golden
Valley has had to conduct only two (2) omnibus hearings; and
WHEREAS, the 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
41 Criminal Procedure 8.04 and 11.07 will have a substantial and detrimental impact
on the City of Golden Valley by;
1. Causing a dramatic increase in the overtime costs of the Golden
Valley Police Department; and
2. Causing an increase in the prosecution costs to appear and conduct
omnibus hearings in Division I - Minneapolis; and
WHEREAS, the amendment to Rules 8.04 and 11.07 will take effect on
January 1, 1991; and
WHEREAS, the Golden Valley City Attorney's Office and the Golden Valley
Police Department strongly oppose the amendment to Rules 8.04 and 11.07.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The Golden Valley 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 Rules of Criminal Procedure 8.04 and 11.07 or repeal the amendments
entirely.
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Resolution 90-64 - Continued October 2, 1990
2. The Golden Valley City Council strongly urges the Justices of the
40 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.
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WAFIAI 4-01
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ATTEST:
Shirley 6. Mel'son, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
Thompson and upon a vote being taken thereon, the following voted in favor
thereof: Anderson, Bakken, Johnson, Thompson; the following was absent:
Stockman; and the following voted against the same: none; whereupon said reso-
lution was declared duly passed and adopted, signed by the Mayor and her signa-
ture attested by the City Clerk.
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