HomeMy WebLinkAbout08040ORDINANCE NO. 8040
AN ORDINANCE AMENDING CHAPTER 6 OF TITLE I OF
THE PUEBLO MUNICIPAL CODE RELATING TO THE
MUNICIPAL COURT AND ESTABLISHING THE
MUNICIPAL COURT AS A QUALIFIED MUNICIPAL COURT
OF RECORD
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 1 of Chapter 6, Title I of the Pueblo Municipal Code is amended to read as
follows:
Sec. 1 -6 -1. Municipal Court.
A Municipal Court vested with exclusive original jurisdiction of all causes arising
under the Charter and the ordinances of the City is hereby created and established as a
qualified municipal court of record. The Municipal Court shall keep a verbatim
record of the proceedings and evidence at trials by either electronic devices or
stenographic means
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This Ordinance shall become effective January 1, 2010.
INTRODUCED: July 27, 2009
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CITY CLERK
Randy Thurston
COUNCIL PERSON
APPR 0' } �-
PRESIDENTof City Council
PASSED AND APPROVED: August 10, 2009
4
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # Q -1
DATE: July 27, 2009
DEPARTMENT: MUNICIPAL COURT
WILLIAM D. ALEXANDER, MUNICIPAL JUDGE
TITLE
AN ORDINANCE AMENDING CHAPTER 6 OF TITLE I OF THE PUEBLO MUNICIPAL
CODE RELATING TO THE MUNICIPAL COURT AND ESTABLISHING THE
MUNICIPAL COURT AS A QUALIFIED MUNICIPAL COURT OF RECORD
ISSUE
Pursuant to C.R.S., Sec. 13 -10- 102(3), "Qualified Municipal Court of Record" means in part a
municipal court established by, and operating in conformity with, either local charter or
ordinances containing provisions requiring the keeping of a verbatim record of the proceedings
and evidence at trials by either electronic devices or stenographic means.
The City of Pueblo Municipal Court does not currently record or archive its proceedings and is
only one of a few municipal courts in the State (typically smaller communities) that is not a
Qualified Municipal Court of Record.
Recording and archiving court proceedings is the standard industry practice, consistent with
accepted best practices, and is mandated in most municipal courts and all state and federal
courts. Designating Pueblo Municipal Court as a Qualified Municipal Court of Record would
not only align the Court with recent City of Pueblo legislative changes regarding sentencing
jurisdiction, but would also complement other modernization and progressive efforts that have
been implemented by the Court.
Pursuant to C.R.S. Sec. 13 -10 -110, this Ordinance would result in a change to the applicable
appellate process. Upon implementation of this Ordinance, appeals filed with the Municipal
Court would be conducted by the District Court based upon the archived record. At the present
time, appeals filed with the Municipal Court result in a trial de novo (new trial) in the County
Court, which often leads to witnesses being subpoenaed a second time to testify at the new trial
that may be held several months after the appeal was filed. The appellate process through a
Qualified Municipal Court of Record is believed to be a more meaningful process.
Finally, this Ordinance facilitates transparency. Upon passage, evidence submitted, testimony
presented, and rulings issued by the Court would be memorialized and easily reviewable by
appellate courts, legislative bodies, enforcement agencies, concerned citizens, and otherwise.
RECOMMENDATION
Approval of the Ordinance.
FINANCIAL IMPACT
Fiscal impact is approximately $5,500.00 for the purchase of audio recording equipment.