HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/18/2014 - RESOLUTION 2014-012 APPROVING REVISED COSTS AND FEAgenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY February 18, 2014
City Council
STAFF
Kathleen Lane, Municipal Judge
SUBJECT
Resolution 2014-012 Approving Revised Costs and Fees for Fort Collins Municipal Court.
EXECUTIVE SUMMARY
The purpose of this item is to revise certain costs and fees assessed by the Fort Collins Municipal Court. Costs
and fees are assessed in addition to fines or 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 changes: increasing the
Court Cost from $25 to $35 to help cover increased Court security costs, revising the Appeal Fee amount to
include a lesser amount for appeals from a Municipal Court Referee to the Municipal Judge on a parking or
civil infraction case, and deleting the Continuance Fee.
STAFF RECOMMENDATION
Staff recommends adoption of this Resolution.
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 Municipal Court costs and fees. This list was last revised by Resolution 2010-001.
Cost or Fee Amount When Applicable Status
Appeal Fee
$25.00 - $200.00
deposit;
$3.00/transcript page
assessed
When appeal is filed (cost of preparing
record or transcript of proceedings must
be paid in advance)
Section 13-10-116, C.R.S.; Rule 237(b),
Colorado Municipal Court Rules
(C.M.C.R.); Rule 37(a), Colorado Rules
of Criminal Procedure.
Changed from $200 to range
of $25-$200 due to lower fee
assessed in some appeals of
Municipal Court Referee
rulings.
Collection Fee $30.00
When defendant does not appear or pay
and the case is referred to a collection
agency; applies in lieu of compact,
default, or outstanding judgment and
warrant fee; does not apply to Camera
Radar/Red Light cases per state statute
restrictions
No change
Compact Fee $30.00
When defendant (with out-of-state
driver’s license) does not appear on a
traffic case
No change
Agenda Item 10
Item # 10 Page 2
Cost or Fee Amount When Applicable Status
Continuance
Fee
$10.00
When defendant postpones the
arraignment on a case more than once
Deleted; no longer used.
Instead, additional
postponements are carefully
screened to ensure
appropriateness of delay
Court Cost $35.00
When defendant enters a plea of guilty,
no contest, or liable after arraignment,
including deferred judgment cases, or is
found guilty/liable at trial or by default
Increased from $25.00
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 a scheduled hearing date/time
No change
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
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.
No change
Outstanding
Judgment and
Warrant Fee
$30.00
Agenda Item 10
Item # 10 Page 3
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.
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 information we have received from those Courts.
Under the proposed Resolution, the revised costs and fees would become effective immediately.
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RESOLUTION 2014-012
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 adoption 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 adopted 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 $25.00 - $200.00 deposit;
$3.00/pg for transcript
Collection Fee $30.00
Compact Fee $30.00
Court Cost $35.00
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
Payment Plan Fee $25.00
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Personal Service Cost Actual cost of service
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 adopted herein shall take effect immediately.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
18th day of February, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
When defendant fails to pay judgment or
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
Payment Plan
Fee
$25.00
When payment plan is created or revised
to add an additional balance due
No change
Personal
Service Cost
Actual cost of service
(with a minimum
established and
revised as necessary
by Police Services)
When defendant has to be located and
personally served with a summons and
complaint and later enters a plea of
guilty, no contest, or liable to charge(s)
or is found guilty/liable at trial or by
default
No change
Returned Check
Fee
$25.00
When payment by check is returned by
bank due to insufficient funds
No change
Traffic Calming
Surcharge
See City Code See Section 1-15(g) of the City Code No change
Warrant Fee $50.00
When warrant is prepared due to failure
to appear, pay or comply
No change
Witness Fee $5.00
When subpoenaed witness appears for
trial and defendant is found guilty/liable
Section 13-10-111(4), C.R.S.
No change