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LAKE ELMO CITY COUNCIL WORKSHOP FEBRUARY 26, 2000 Mayor Hunt called the workshop to order at 9:00 a.m. to discuss criminal prosecution procedures. PRESENT: Dunn, Hunt, Armstrong, DeLapp, City Attorney Fills, Administrator Kueffner and Washington County Sgt. Jay Kimble. Attorney Filla reported he does a good deal of the Lake Elmo related prosecutions work because he lives in this area. The following rates are the same for all cities they represent: $70/Hr. attorney, $50/11r. paralegal, charge for copies and service process. The dollar cost per hour has not changed since late fall, 1992. Number of cases: 1993--207 cases, 1999--391 cases, 1995-474 cases. During 1993 prosecution costs were $27,000, 1996 $52,000; some ordinance violations in `95 and `96. In 1999, $44,900--Number of cases varied. In February, 2000, open 56 Lake Elmo prosecutions. Rate 360-380 cases on yearly basis. As officers are added more tickets are written for violations. Lake Elmo, now, has four officers. Now the City Attorney has to appear at arraignment sessions. He has worked out a deal with the Oakdale prosecutor. Lake Elmo and Oakdale share a calendar. Lake Elmo generates 20% of caseload on calendar. Filla takes one -fifth and Rich Illka takes the other four -fifths session a month so he appears at arraignment one Thursday morning a month. Appearance at Omnibus Hearings on Monday or Wednesday morning, not many per year. He asked judge to combine pretrial dates and omnibus hearing dates. Court Trial dates are on Monday afternoons. Not many court trials. Jury trial days are Monday mornings, one or two scheduled. He does not schedule police officers for morning, but schedules for after 1:00 to try to be efficient because most cases don't need them and don't want to have them standing around. Policy on Plea Bargaining: Drunk Driving - .1% or more is in violation, the intoxilizer test has a margin error of about 10%, do not prosecute first time drunk driving if its .I I% or less because he can't prove it beyond reasonable doubt. His policy is he reduces those in circumstances where they have no prior violations and where there is no accident involved. If you are caught with .2% or more, even if it's a first time violation, it is a gross misdemeanor..2 or .21%with no prior or accident, he reduces to a Gross Misdemeanor and not careless driving. No insurance violations: If they show up with current insurance, no accident involved, give them the same penalty dollar wise if he had a convinction on his record. Give him the chance not to have a conviction on his license. First time after revocation: If a person shows up, with current DL, does the same thing. First time speeders: will continue for dismissal. Trends of 7-8 years: Lake Elmo has more police officers so they write more tickets. In 90% of the cases people are showing up in court and paying their fines. 10% are becoming repeat offenders... no insurance, drunk driving cases take time. See more and more gross misdemeanors. Last 2 or 3 years, generate cases, don't make court payments lose their licenses so you see a lot of driving after revocation. Filla spends most of his time on gross misdemeanors and repeat offenders. In Lake Elmo more repeat offenders. Forfeit vehicles on drunk driving cases: 1998 $1,500, 1999 $4,000 legal fees, the cars that are forfeited are junk cars.