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CC PACKET 02221983
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CC PACKET 02221983
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Last modified
12/30/2015 3:49:11 PM
Creation date
12/30/2015 3:49:00 PM
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SP Box #
16
SP Folder Name
CC PACKETS 1981-1984 & 1987
SP Name
CC PACKET 02221983
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Mr. David Childs <br /> February 24, 1983 • <br /> Page Four <br /> Firm Philosophy in Handling <br /> Misdemeanor Prosecutions <br /> This firm's philosophy in handling the prosecution of mis- <br /> demeanor cases is to minimize the expense to the City as much as <br /> possible, while assuring that the City meets its responsibility <br /> to see that citizens are held accountable for their actions. We <br /> handle as many matters as possible over the phone rather than in <br /> person at the court, and negotiate pleas rather than forcing cases <br /> to trial . There are, however, guidelines which we follow in the <br /> negotiation of pleas, and if a defendant refuses to be reasonable, <br /> we will take matters to trial . We consult with the officers in- <br /> volved in the disposition of particular matters and seek to support <br /> them in the handling of these cases. But, in the final analysis, <br /> it is our duty to dispose of any case in the best interests of the <br /> City, taking into consideration the judge assigned, his or her <br /> opinion regarding the case, and the legal and factual strength of <br /> the case. <br /> As described above, the services which we provide as prose- <br /> cuting attorney go beyond those of merely representing the City <br /> in court. We prepare updates for the officers as new case law and • III <br /> statutory law develop; we advise on-duty officers regarding the <br /> handling of cases, including calls at home as necessary; we prepare <br /> disposition summaries of each case for the city manager, chief of <br /> police and arresting officer for purposes of information and ac- <br /> countability; and we assist in other matters, including training <br /> seminars, upon request. <br /> Retention of this firm for prosecution services offers sig- <br /> nificant economies of scale . Information and procedures developed <br /> for one city are passed on to the other cities at a nominal cost. <br /> For example, we were recently requested by the St. Bonifacius/ <br /> Minnetrista Police Commission to formulate suggested ordinances for <br /> certain violations. In the process, we realized that the City of <br /> Orono did not have one of the ordinances suggested and that the <br /> language of another could be improved. Similarly, the information <br /> learned at a speeding trial for the City of St. Bonifacius was <br /> passed on to the City of Orono with a suggestion for improved pro- <br /> cedures. <br /> • <br /> r , <br />
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