HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/07/1999 - FIRST READING OF ORDINANCE NO. 194, 1999, AMENDING i
AGENDA ITEM SUMMARY ITEM NUMBER: 19
DATE: December 7, 1999
. FORT COLLINS CITY COUNCIL STAFF:
Judge Kathleen Lane
SUBJECT:
First Reading of Ordinance No. 194, 1999,Amending Chapter 19 ofthe City Code So as to Establish
the Municipal Court as a Court of Record.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First 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.
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.S.,a"qualified municipal court ofrecord'is defined as"a municipal
court established by, and operating in conformity with, either local charter or ordinances containing
provisions requiring the keeping of a verbatim record of the proceedings and evidence at trials by
either electric devices or stenographic means, and requiring as a qualification for 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
10 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.
ORDINANCE NO. 194, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 19 OF THE CITY CODE
SO AS TO ESTABLISH THE MUNICIPAL COURT
AS A COURT OF RECORD
WHEREAS,the Fort Collins Municipal Court(the"Municipal Court")was established under
the provisions of Article VII of the City Charter,pursuant to the authority granted to the City under
Article XX, Section 6 of the Colorado Constitution; and
WHEREAS, the Municipal Court has historically not been a court of record and,
consequently, appeals taken from decisions made in the Municipal Court are filed in the Larimer
County County Court as "trials de novo" requiring the presentation of evidence and arguments
without regard to the earlier proceedings in Municipal Court; and
WHEREAS, appeals of Municipal Court decisions could be handled more efficiently if a
record was maintained of the proceedings in the Municipal Court and appeals were based upon that
record, as permitted by state statute; and
WHEREAS, courts not of record were historically established to accommodate municipal
proceedings in smaller municipalities where the judges and magistrates presiding over such courts
were sometimes untrained and unskilled in the law; and
WHEREAS, Fort Collins has for many years retained Municipal Court judges who are
licensed and experienced practitioners in the law, so that the foregoing rationale does not apply to
the Fort Collins Municipal Court; and
WHEREAS,the maximum fines and penalties that can be imposed under Section 1-15 of the
City Code for violation of municipal ordinances are consistent with those authorized by state statute
for "qualified courts of record"; and
WHEREAS, for these reasons the City Council believes it to be in the best interests of the
City to establish the Municipal Court as a"qualified court of record"within the meaning of Section
13-10-102, C.R.S.
•
NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Code of the City of Fort Collins is hereby amended by adding new Sections 19-1
and 19-2,to read as follows, with subsequent sections renumbered accordingly:
Se. . :`1 Defm�hons
sa �£o��them m tlus�,,Section:
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Introduced and considered favorably on first reading and ordered published this 7th day of
December,A.D. 1999,and to be presented for final passage on the 4th day of January,A.D. 2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 4th day of January, A.D. 2000.
Mayor
ATTEST:
City Clerk