HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/04/2000 - SECOND READING OF ORDINANCE NO. 194, 1999, AMENDIN AGENDA ITEM SUMMARY ITEM NUMBER: 13
DATE: January 4, 2000
. FORT COLLINS CITY COUNCIL STAFF: Judge Kathleen Lane
SUBJECT:
Second Reading of Ordinance No. 194, 1999, Amending Chapter 19 of the City Code So as to
Establish the Municipal Court as a Court of Record.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY:
The Fort Collins Municipal Court is not a 'court of record", meaning that there is no verbatim
transcript of the hearings held in the Court. The most significant impact of this is that if a defendant
appeals a conviction, he/she is entitled to a new trial in County Court. By becoming a court of
record, appeals would be based on the record of the trial in Municipal Court and would go directly
to District Court. By state statute, an ordinance is required in order to become a court of record.
Ordinance No. 194, 1999, was unanimously adopted on First Reading on December 7, 1999.
AGENDA ITEM SUMMARY ITEM NUMBER: 19
DATE: December 7, 1999
4D FORT COLLINS CITY COUNCIL STAFF: Judge Kathleen Lane
SUBJECT:
First Reading of Ordinance No. 194, 1999,Amending Chapter 19 of the City Code So as to Establish
the Municipal Court as a Court of Record.
RECOMMENDATION:
Staff recommends adoption o CeOroij JceoPstReadyin
EXECUTIVE SUMMARY:
The Fort Collins Municipal Court is not a "court of record", meaning that there is no verbatim
transcript of the hearings held in the Court. The most significant impact of this is that if a defendant
appeals a conviction, he/sheC%ean
ty urt. By becoming a court of
record,appeals would be basDinanoc
e �n : -ipal Court and would go directly
to District Court. By state stsquired in Order to become a court of record.
BACKGROUND:
The Fort Collins Municipal Court is one of the larger municipal courts which is not "of record".
Given the relatively small number of appeals from the Court and the advantages of a less formal
atmosphere,it has seemed appropriate to maintain that status. With the growth and changing nature
of the caseload, however, it is time to propose that it become a court of record.
Under Section 13-10-102,C.R. y , al' a of>�ord'is defined as"a municipal
court established by, and oper `ng in co ormi i ' e' er charter or ordinances containing
provisions requiring the keep xr of a ye"batim c�rl of the p i ceedings and evidence at trials by
either electric devices or stenogri me nd i gairing a alificationfor the office ofjudge
of such court that he has been admitted to, and is currently licensed in, the practice of law in
Colorado."The City Charter already contains the requirement regarding the judge's qualifications
in Article VII,Section 1. An ordinance is needed regarding the keeping of a verbatim record in order
to become a court of record.
As a court of record, appeals would no longer be handled as new trials in County Court. Instead,
appeals would be taken to District Court, in the same manner as appeals from County Court, and
would be based on the record made in the Municipal Court.
There is little financial impact associated with this change. The Court would purchase recording
equipment and tapes(which can be recycled as appeal periods expire). Transcription of tapes would
only be required when an appeal is filed. Under Section 13-10-117, C.R.S., the Court is entitled to
DATE: December 7, 1999 2 ITEM NUMBER: 19
assess fees for preparing the record. Those fees are refunded to the defendant if the judgment is set
aside on appeal. There would be some staff time involved in maintaining the tapes but that is
expected to be minimal.
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