HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/18/2003 - RESOLUTION 2003-034 APPROVING REVISED COSTS AND FE AGENDA ITEM SUMMARY ITEM NUMBER: 18
FORT COLLINS CITY COUNCIL DATE: March 18, 2003FROM:
Judge Lane
SUBJECT:
Resolution 2003-034 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 adding some new costs and 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 create 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 since becoming a Court of
record in 01/2000*
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
*Increased from$5.00*
DATE: arc ITEM NUMBER:
Court Cost $25.00 When defendant enters a plea of"guilty" or
"no contest" after arraignment (other than on
a deferred judgment) or is found guilty at
trial
*Increased from$20.00; no longer applies to
deferred judgments*
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
*Increased from $25.00*
Did Not Appear Fee $10.00 When defendant does not appear on or before
the scheduled arraignment date and time
*Increased from$5.00*
Did Not Comply Fee $25.00 When defendant fails to comply with
condition(s) relating to an amended charge,
deferred or suspended penalty
*New fee*
Did Not Pay Fee $25.00 When defendant does not pay or appear by
the payment due date on a promissory note
*New fee*
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,
CMCRP
*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 change*
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"
established and or"no contest" to charge(s) or is found guilty
revised as at trial
necessary by *No change*
Police Services)
DATE: arc ITEM NUMBER:
Promissory Note Fee $25.00 When promissory note is created or revised
to add an additional balance due
*New fee*
Short Check Fee $25.00 When payment by check is returned by bank
due to insufficient funds
*Increased from $15.00*
Warrant Fee $50.00 When warrant is prepared due to failure to
appear, pay or comply
*Increased from $25.00*
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 and new costs and fees are being recommended not to raise
revenues but, rather, to provide monetary incentive to the public to attend to court dates and
other requirements on a more timely basis. Timely attention to such details will reduce the Court
staff time needed to address failures to appear, pay and comply.
Under the proposed resolution, the revised costs and fees would become effective April 1, 2003,
to coincide with the effective date of the revised Fort Collins Traffic Code.
RESOLUTION 2003-034
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 the increase in
certain costs and fees and the adoption of new costs and fees for cases in Municipal Court; and
WHEREAS, the City Council believes that the enactment of the recommended 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, unless such cost is
specifically waived by the court:
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 $10.00
Did Not Comp1y 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 April 1, 2003.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held
this 18th day of March, A.D. 2003.
Mayor
ATTEST:
City Clerk