HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/19/2010 - RESOLUTION 2010-001 APPROVING REVISED COSTS AND FE DATE: January 19, 2010 AGENDA ITEM SUMMARY
STAFF: Kathleen Lane FORT COLLINSCOUNCIL
Resolution 2010-001 Approving Revised Costs and Fees for Fort Collins Municipal Court.
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 making some minor
changes: adding a Collection Fee, revising the applicability of the Did Not Pay Fee to expand it, changing references
to promissory notes to instead refer to payment plans(as they are referred to in the Court's current computer software
version), and changing the title of the Short Check Fee to"Returned Check Fee"to be more descriptive. The Traffic
Calming Surcharge, adopted by Council by ordinance, has also been added to the list so that all costs and fees
assessed by the Court are included.
BACKGROUND / DISCUSSION
A detailed description of the City's court costs and fees follows, including references to state statutes and rules,where
applicable. All costs and fees are included, even if no change is proposed, in order to maintain an up-to-date list of
all court costs and fees. This list was last revised by resolution in December 2005.
Cost or Fee Amount When Applicable Status
Appeal Fee $200.00 deposit; When appeal is filed (cost of No change
$3.00/transcript preparing record or transcript of
page assessed proceedings must be 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.
Collection Fee $30.00 When defendant does not appear New fee; applies in lieu of
or pay and the case is referred to compact, default, or
a collection agency Outstanding Judgment and
Warrant fee and does not
apply to Camera Radar/Red
Light cases per state statute
restrictions
Compact Fee $30.00 When defendant(with out-of-state No change
driver's license) does not appear
on a traffic case
Continuance Fee $10.00 When defendant postpones the No change
arraignment on a case more than
once
January 19 2010 -2- ITEM 9
Cost or Fee Amount When Applicable Status
Court Cost $25.00 When defendant enters a plea of No change
guilty or no contest after
arraignment, including deferred
judgment cases, or is found guilty
at trial
Default Judgment $30.00 When defendant(with Colorado No change
Fee 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.
Deferral Cost $50.00 When defendant accepts a No change
deferred judgment or deferred
prosecution disposition
Did Not Appear Fee $25.00 When defendant does not appear No change
on or before a scheduled hearing
date and time
Did Not Comply Fee $25.00 When defendant fails to comply No change
with condition(s) relating to an
amended charge, deferred, or
suspended penalty
Did Not Pay Fee $25.00 When defendant does not pay or Deleted reference to
appear by the payment due date promissory note
Jury Fee $25.00 When adult defendant files a jury No change
demand in a misdemeanor case
Section 13-10-114(4), C.R.S.;
Rule 223, C.M.C.R.P.
Outstanding $30.00 When defendant fails to pay No change
Judgment and judgment or juvenile defendant
Warrant Fee 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.
Parking Boot Fee $50.00 When vehicle is immobilized for No change
non-payment of parking tickets
Personal Service Actual cost of When defendant has to be located No change
Cost service (with a and personally served with a
minimum summons and complaint and later
established and enters a plea of guilty or no
revised as contest to charge(s) or is found
necessary by guilty at trial
Police Services
January 19, 2010 -3- ITEM 9
Cost or Fee Amount When Applicable Status
Payment Plan Fee $25.00 When payment plan is created or Changed from "Promissory
revised to add an additional Note Fee
balance due
Returned Check $25.00 When payment by check is Changed from "Short Check
Fee returned by bank due to Fee
insufficient funds
Traffic Calming See City Code See Section 1-1 5(g) of the City No change but not previously
Surcharge Code listed with other costs and
fees
Warrant Fee $50.00 When warrant is prepared due to No change
failure to appear, pay or comply
Witness Fee $5.00 When subpoenaed witness No change
appears for trial and defendant is
found guilty
Section 13-10-111(4), C.R.S.
In misdemeanor cases, defendants have the option of filing a Petition for Indigence to request that the Court waive
costs and fees(not fines)due to their financial situation.Those petitions are reviewed by the Judge using the"Income
Eligibility Guidelines"adopted by the Colorado Supreme Court and used by the County and District Courts. In the last
year, the Court has seen a significant increase in the number of petitions filed (145 filed in 2008 and 377 filed in 2009,
most of which were granted).
The costs and fees listed above are consistent with and, in some cases, slightly higher than those assessed by other
Colorado Municipal Courts, according to annual surveys done by the Colorado Association for Municipal Court
Administration (CAMCA). Based on that fact and the current state of the economy, the Judge does not recommend
increasing the dollar amount of any existing costs and fees.
The new Collection Fee is intended to help offset the cost of using a collection agency for both the Court and Parking
Services. It is set at$30.00 because it will be assessed in lieu of the$30.00 Compact Fee, $30.00 Default Judgment
Fee, or$30.00 Outstanding Judgment and Warrant Fee when those fees are inapplicable by state statute.
Under the proposed resolution, the revised costs and fees would become effective immediately.
FINANCIAL IMPACT
There is no cost to the City related to these changes. The changes will result in a nominal increase in revenues for
the Court. The Parking Services Office estimates that it will collect approximately $22,500 in revenue from the new
"Collection Fee" in 2010.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
RESOLUTION 2010-001
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 City Charter provides that rules of procedure,
costs and fees for the Fort Collins Municipal Court shall be enacted by the City Council upon
recommendation of the Municipal Judge; and
WHEREAS, Municipal Judge Kathleen M. Lane has recommended an increase or other
revision 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 Judge or Referee:
Appeal Fee $200.00 deposit; $3.00/pg
Collection Fee $30.00
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
Payment Plan Fee $25.00
Returned Check Fee $25.00
Traffic Calming Surcharge See City Code
Warrant Fee $50.00
Witness Fee $5.00
Section 2. That the costs and fees enacted herein shall take effect immediately.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
19th day of January A.D. 2010.
Mayor
ATTEST:
City Clerk