HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/20/2005 - RESOLUTION 2005-135 APPROVING REVISED COSTS AND FE ITEM NUMBER: 36
AGENDA ITEM SUMMARY DATE: December20, 2005
FORT COLLINS CITY COUNCIL STAFF: Judge Kathleen Lane
SUBJECT
Resolution 2005-135 Approving Revised Costs and Fees for Fort Collins Municipal Court.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
The Fort Collins Municipal Court assesses various costs and fees, in addition to fines and other
penalties. According to the City Charter, these costs and fees are enacted by Council, upon
recommendation of the Judge. Various costs and fees have been approved by resolution over the
years. At this time, Judge Lane recommends increasing the amount of certain existing costs and
fees. A detailed description of the costs and fees follows, including references to state statutes and
rules, where applicable. All costs and fees are included, even if no increase is proposed, in order
to maintain an up-to-date list of all court costs and fees:
Cost or Fee Amount When Applicable
Appeal Fee $200.00 deposit; When an appeal is filed (cost of preparing
$3.00/transcript record or transcript of proceedings must be
page assessed paid in advance).
Section 13-10-116, C.R.S.; Rule 237(b),
Colorado Municipal Court Rules of
Procedure (CMCRP); Rule 37(a), Colorado
Rules of Criminal Procedure.
*No change*
Compact Fee $30.00 When defendant(with out-of-state driver's
license) does not appear on a traffic case
*No change*
Continuance Fee $10.00 When defendant postpones the arraignment
on a case more than once
*No change*
Court Cost $25.00 When defendant enters a plea of guilty or no
contest after arraignment, including deferred
judgment cases, or is found guilty at trial or
admits liability or is found liable after a
hearing
*Revised to apply to deferred judgments and
civil and arkin violations*
December 20, 2005 -2- Item No. 36
Cost or Fee Amount When Applicable
Default Judgment Fee $30.00 When defendant (with Colorado driver's
license)does not appear on a traffic case
Per section 42-2-118(3)(c), C.R.S., half of
this fee is remitted to the Colorado
Department of Revenue by the Court.
*No change*
Deferral Cost $50.00 When defendant accepts a deferred judgment
or deferred prosecution disposition
*No change*
Did Not Appear Fee $25.00 When defendant does not appear on or
before the scheduled hearing date and time
*Increased.from $10.00*
Did Not Comply Fee $25.00 When defendant fails to comply with
condition(s) relating to an amended charge,
deferred or suspended penalty
*No change*
Did Not Pay Fee $25.00 When defendant does not pay or appear by
the payment due date on a promissory note
*No change*
Jury Fee $25.00 When adult defendant files a jury demand in
a misdemeanor case
Section 13-10-114(4), C.R.S.; Rule 223,
C.M.C.R.P.
*No change*
Outstanding Judgment $30.00 When defendant fails to pay judgment or
and Warrant Fee juvenile defendant does not appear.
Per section 42-2-118(3)(c), C.R.S., half of
this fee is remitted to the Colorado
Department of Revenue by the Court.
*No change*
Parking Boot Fee $50.00 When vehicle is immobilized for non-
payment of parking tickets
*No chan e*
Personal Service Cost Actual cost of When defendant has to be located and
service(with a personally served with a summons and
minimum complaint and later enters a plea of guilty or
established and no contest to charge(s) or is found guilty at
revised as trial
necessary by *No change*
Police Services
Promissory Note Fee $25.00 When promissory note is created or revised
to add an additional balance due
*No change*
Short Check Fee $25.00 When payment by check is returned by bank
due to insufficient funds
*No chan e*
December 20, 2005 -3- Item No. 36
Cost or Fee Amount When Applicable
Warrant Fee $50.00 When warrant is prepared due to failure to
appear,pay or comply
*No change*
Witness Fee $5.00 When a subpoenaed witness appears for trial
and the defendant is found guilty
Section 13-10-111(4), C.R.S.
*No change*
Although there may be some increase in revenues collected by the Municipal Court due to the
revised costs and fees, the increases are being recommended not to raise revenues but, rather, to
provide monetary incentive to the public to appear, pay and /or comply on a more timely basis.
Better attention to such requirements will reduce the Court staff time needed to address failures to
appear,pay and/or comply.
Under the proposed Resolution,the revised costs and fees would become effective January 1,2006.
RESOLUTION 2005-135
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING REVISED COSTS AND FEES
FOR FORT COLLINS MUNICIPAL COURT
WHEREAS, Section 1 of Article VII of the Charter of the City of Fort Collins, Colorado,
provides that rules of procedure, costs and fees for the Fort Collins Municipal Court shall be
enacted by the Council upon recommendation of the Municipal Judge; and
WHEREAS, Municipal Judge Kathleen M. Lane has recommended an increase in certain
costs and fees for cases in Municipal Court; and
WHEREAS, the City Council believes that the enactment of the revised costs and fees is
in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the following costs and fees are hereby enacted and shall be imposed,
when applicable, in all cases filed in the Fort Collins Municipal Court and parking and civil
violations,unless such cost is specifically waived by the court or referee:
Appeal Fee $200.00 deposit; $3.00/pg
Compact Fee $30.00
Continuance Fee $10.00
Court Cost $25.00
Default Judgment Fee $30.00
Deferral Cost $50.00
Did Not Appear Fee $25.00
Did Not Comply Fee $25.00
Did Not Pay Fee $25.00
Jury Fee $25.00
Outstanding Judgment and Warrant Fee $30.00
Parking Boot Fee $50.00
Personal Service Cost Actual cost of service
Promissory Note Fee $25.00
Short Check Fee $25.00
Warrant Fee $50.00
Witness Fee $5.00
Section 2. That the costs and fees enacted herein shall take effect on January 1, 2006.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held
this 20th day of December,A.D. 2005.
Mayor
ATTEST:
City Clerk