HomeMy WebLinkAboutRES 83-022 RESOLUTION DESIGNATING A PROSECUTING ATTORNEY FOR THE CITY OF ST. ANTHONY Meeting Sheet
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BOX: 23
Folder: RES 1983
Document: RES 83-022 RESOLUTION DESIGNATING A PROSECUTING
ATTORNEY FOR THE CITY OF ST. ANTHONY
RESOLUTION 83-022
" , A RESOLUTION DESIGNATING A PROSECUTING
. ATTORNEY FOR THE CITY OF ST. ANTHONY
BE IT RESOLVED, - that the City Council hereby designates the law
form of Edward J. Hance Law Offices, Ltd.. , 2401 Lowry Ave. N.E.
as prosecuting -attorneys for the City of St. Anthony.
Adopted this day ofC1 rL_k 1983.
Mayor
ATTEST:
City Clerk 04
Reviewed for administration: I � ' C ► LO�
City Manager
EDWARD J. HANCE LAW OFFICES , LTD.
-.. SAINT ANTHONY NATIONAL BANK BUILDING, SUITE 200
2401 LOWRY AVENUE NORTHEAST
MINNEAPOLIS, MINNESOTA 55418
EDWARD J. HANCE TELEPHONE
JOEL T. LEVAHN
(612) 781-6S39
ASSISTANT
TERESA H. CRAVEN
February 24 , 1983
Mr. David Childs
City Manager
City o.f St. Anthony
3301 Silver Lake Road
Minneapolis, Minnesota 55418
Dear Mr. Childs :
In further clarification of my proposal to represent the City of
St. Anthony in criminal prosecutions , and in response to your request
for specific information, I am pleased to provide the following:
(1) I, personally, am very familiar with the procedure and law
related to criminal prosecutions because I have defended.
against such prosecutions on a regular basis for more than
thirteen (13) years. This experience includes several jury
trials in gross misdemeanor cases, dozens of court and jury
trials in DWI cases , and numerous trials on other offenses
such as assault, careless/wreckless driving, and other
. traffic related cases , ordinance violations , etc. I have
prosecuted appeals in such cases to District Court, to
three-judge . District Court panels , and to the Minnesota
Supreme Court.
While I may do the prosecution work at .the onset, it is not
my intention to continue .to personally perform that job. Our
office staff currently consists of two attorneys , a part-time
paralegal, a part-time secretary and a full-time secretary/
legal assistant. It is our intention to add another experienced
attorney to assist in the present workload. If we are performing
prosecutorial services for the City of St. Anthony, we will add
an attorney with experience in the area of criminal prosecutions.
We have considered an attorney currently working as an assistant
county attorney and another currently working as an assistant
city attorney. We expect that- a new attorney would be a long-
term employee and would continue to handle the St. Anthony
prosecutions. In any case, I would retain supervisory
responsibility over the performance of that task and would
maintain close contact with the council, police department
• and other responsible city employees.
y •
• Mr. David Childs
February 24 , 1983
Page 2
(2) Obviously, our office is very accessible to the police. To my
knowledge, it is the only law office within the city limits ..
It is never closed for vacations. There is often times an
attorney working on evenings or weekends. During working
hours , telephone lines are always answered by an employee as
opposed to an answering service or machine. We do not now,
nor do we expect to have, unlisted home telephone numbers,
and in .emergencies ; could be reached at home;
(3) As I have previously indicated, I believe that there should
be an open line of communication between the police department
and the attorney who represents them. I believe thi.s will occur
somewhat automatically because of existing acquaintances and
the proximity of our office , however, some regular meetings
or memos are appropriate and necessary.
(4) Based upon the information that we have received as to the
number and type of prosecutions, we would represent the City
in - these matters at a fixed fee of $1,500 per month for a
twelve-month period expiring no later than June 1,. 1984.
This fee assumes that there is no substantial increase in
the amount of work to be performed which results from changes
in existing enforcement procedure , prosecution procedure , such
as prohibitions against plea negotiations , or applicable law.
In addition, no prosecutorial appeals would ]fie included in
that fee, and the preparation of appellate briefs in an appeal
by a defendant would be considered a reimbursable out-of-pocket
expenditure.
I trust that this information. is helpful to you.
Yours very t u-lye,
E r UW D J. HANCE
EJH: thc
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