HomeMy WebLinkAbout1958-03-31 (Special) Meeting MinutesSPECIAL CALL llEETING OF THE CITY COONCIL
OF THE CITY OF ENGLEWO<I>, COLO.
HELD MONDAY THE 31st DAY OF llARCH
A. D. 1958 AT 8:00 P.M.
• • • • • • • • • • • •
llayor Scott called the meeting to order and asked for roll call.
PRKSBIT: Braun, Brownewell, Graham, Hill, Kreiling, KcLellan and
Scott.
ABSBlfl': Martin and Woods.
• • • • • • • • • • • •
Tbe llayor aaked tbe Clerk to read tbe call.
Tbe .. etin1 ia called for tbe purpose of consideration of remedial
le1ialation concernin1 Police Court procedure, because of a recent Supreme
Court decision.
After diacuaaion tbe followin1 was introduced and read in full as an
Ordinance on Pirat Readin1.
A BILL
FOR Alf CllDilfAI«:B BSTABLISHIHG A PROCEDURE IN THE MUNICIPAL COORT OF THE CITY
OP B1'GLBWOOD, COLORADO, RELATING TO TRIALS BY JURY.
BB IT ORDAIMBD BY THB CITY COUNCIL OF THE CITY OF BHGLBWOOD, COLORADO:
Section 1. In all trials before or in tbe Municipal Court of tbe
City of Bn1iewood, Colorado, in cases arising under the ordinances or Charter
of the said city or under tbe statutes of tbe State of Colorado and Constitutions
of tbe State of Colorado and tbe United States, wherein a defendant sball bave
tbe ri1bt to trial by jury, such defendant may demand a jury wbicb shall con-
sist of six jurors, or a less number not less than three if tbe same be agreed
upon by tbe City of Bn1lewood and tbe defendant, and thereupon the said Court
or a Judi• thereof aball issue a venire for the jury, directed to any person
autborized by ordinance or statute to serve writs or other process issued in
cases in aaid Municipal Court, wbicb shall be substantially in tbe following
fora:
State of Colorado )
City of Bn1lewood ) ss
County of Arapahoe )
The People of the City of Englewood, State of Colorado,
to
sr-e-e~t~1-n~,-=--------------------------~----~------------~
We co .... nd you to suaunon persona of the city of E·_n_g_l_e_w_o_o_a-,-s .. t .. a_t_e __ o_f_C_o._.l_o_r-a"'"'d .. o-,---to
appear before me at on the day of·-------------------1-9-----w-b_o __ a_r_e __ n_o_t __ _
of kin to -
defendant ' to make a jury between the city of
Bn1lewood~tate of Colorado, and said defendant
in a plea of not guilty to a charge of a violatiOil"of
tbe Charter of one or more ordinances of tbe said City
of Bn1lewood; because tbe said defendant bas demanded
trial by jury; and have you then and there tbe names
of tbe jury, and this writ.
Witn••• ay _band and seal, this day of
19
~--~~~--~~~~-(Seal)
Judge ol'. the lluniclpal.-Court
Section 2. In all cases where a person shall be sull80ned as a
juror to try any case before tbe Municipal Court of the City of Bn1lewood
or a Judie thereof, and shall fail to attend at tbe time and place appointed
in aucb aummona, tbe said Court or judge thereof shall have power to is•~•
an attacb .. nt, directed to any person authorized to serve warrants of arrest
in c&8e• in aaid Municipal Court, commanding him forthwith to bring before
sucb Court or Judie the body of such juror so failin1 to attend, to sbow
cauae wby be abould not be punished for contempt; and upon appearance of
aucb juror on auch attachment, it shall be lawful for such Court or judge
to puniah bi• for contempt or wholly discharge him if satisfactory excuse
i• aade.
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Section 3. If any juror summonded shall be interested in tbe event
of tbe caae or kin to a defendant, or shall have expressed bis opinion on tbe
matter about to be tried, or shall, for any cause to be juclsed by tbe judse
of tbe 9anioipal Court, be considered as a partial or iaproper juror, tbe
juclse aball diacbar1• aucb juror; and wben, by such discbar1e or tbe failure
of &DJ juror to attend, tbe jury shall not be complete, tbe judse aball direct
any peraon authorized to serve writs or other process issued in cases in said
Municipal Court to auamon as many persons as shall be required to complete
aucb jury, inatantly, fro• a90ng tbe bystanders or otber persons in tbe City
of En1lewood, which auamona shall be verbal; and the person so auauaoned shall
be bound to serve on such jury, and on refusal or failure to do so may be
attached and puniahed for contempt. In all cases arising under tbe Charter
or ordinances of tbe City of En1lewood wherein a jury trial is bad, eacb
party shall be entitled to three peremptory challenges.
Section 4. Upon the jury returning their verdict of guilty, tbe
judse abali record tbe aaae in the docket and shall proceed to fix or deter-
aine tbe puniah .. nt, penalty or sentence and to render jud1ment upon sucb
verdict for tbe puniabment, penalty or sentence so determined by bim and
for coat•; but if the jury return a verdict of not guilty, tbe judge sball
record tbe aa .. , and diacbarge the defendant or defendant• without costs.
Section 5. In all trials before or in tbe llUDioipal Court of tbe
City of Bn1iewood, Colorado, in cases arising under tbe Charter or ordinances
of tbe City of Bnalewood wherein a defendant shall have tbe right to trial
by jury, aucb defendant may waive trial by jury and proceed to trial by the
Court, in wbicb event the judae shall record such waiver and proceed to try
tbe case if tbe plea be one of not guilty; and in tbe event of finding tbe
defendant guilty, to fix or determine the punishment, penalty or sentence
and to render judament upon such verdict for the punishment, penalty or
aentence so deterllined by him and costs; but if tbe judae shall find tbe
defendant not guilty, tbe judge shall record the same and discharae the
defendant or defendants without costs.
Section 8. If any person accused of violating any of tbe provisions
of the Charter or ordinances of the City of Englewood, Colorado, having a
riabt to trial by jury sball confess himself guilty, a judae of tbe Municipal
Court, without a jury, shall bear tbe evidence and fix and deterlline tbe
aentence, penalty or punishment, together with costs, and aucb jud1e shall
enter judgllent and issue execution thereon.
Section 7. Each juror or member of a jury panel wbo shall attend
tbe Municipal Court shall receive as compensation therefor tbe sua of Three
Dollars ($3.00) for each day or part of a day in wbicb be shall be in
attendance. Tbe coat of such jury and jury panel sball be assessed against
tbe defendant in tbe event be shall be found guilty.
Section 8. The City Council hereby finds, determines and declares
tbia ordinance la necessary for tbe immediate preservation of tbe public
peace, bealtb, aafety and convenience.
Section 9. In tbe opinion of tbe City Council an emergency exiats;
therefore, t&la ordinance shall take effect and be in force fro• and after
it• final pasaa1e and publication.
Passed on First Reading by tbe City Council of tbe City of
Bnalewood, Colorado, this 31st day of March, A. D. 1958, and ordered published
in tbe Bn1lewood Herald and Enterprise.
ATl'BST:
C1~y---C1.er1'
Councilaan Braun moved )
Bill seconded )
11&yor
that tbe ordinance just read be approved and
passed on First Readina and ordered published
in tbe Englewood Herald and Enterprise.
AYBS: Braun, Brownewell, Graham, Hill, Kreiling, llcLellan and Scott.
KAYS: lfone. ABSEIT: llartin and Woods.
• • • • • • • • • • • • Councilaan Braun moved )
Kreilina seconded ) to adjourn.
AYBS: Braun, Brownewell, Graham, Hill, Kreilin1, llcLellan and Scott.
KAYS: lfone. ABSBlfl': Martin • Woods.
Tbe llinutea of tbe