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box 186 . vail, Colorado 81657 . 303.476-5671
T0: MEMBERS OF THE VAIL TOWid COUWGIL AND RICH CAPLAN
FROf~~I: BUCK ALLEN
DATE:. 13SEPT83
RE: REPORT FROM VAIL MUNICIPAL COURT
This semi:-annual report to the Vail Town Council will give a summary of the
Court's activity for the period starting January. 1, 1983 and ending July 31,
1983.
The Vail Municipal. Court has seen an increase in activity over the same per-
iod last year however, the rate of increase is not as dramatic as in past
years. During the seven month period there were 813 cases arraigned in the
Municipal Court as compared with 753 cases arraigned during the same period
in 1982. These cases break down into 278 general. ordinance violations and
249 traffic violations in 1983. In 1982 the break down consisted of 287
general ordinance violations and 169 traffic violations. Bath juvenile and
dog violations have remained fairly constant between this year and last year.
The ratio between traffic violations and ordinance violations has changed
somewhat. While there were sti.Tl more ordinance violations than traffic
violations written into court; the difference between the two decreased
this year as opposed to 1982. In .1982 there were 178 more ordinance vio-
lations written into Court than traffic violations. This .year the differ-
ence i.s 29 citations-between ordinance and traffic violations. This shift
may be attributed to the police department's emphasis on enforcing the
drunk driving laws. The officers are spending more time on road patrol and
thus have more opportunity to observe traffic violations. This observation
is corroborated by the police department's statistics showing that while
DUI charges have increased over last year, the Disorderly Conduct and Crim-
inal Injury to Property citations are down from the previous year.
This shift may also be partially explained by the changing composition of
the core aria and particularly the extensive renovation projects underway
this spring and summer. Historically, the core area generates a number of
ordinance violations each year. The renovation projects and corresponding
reduction in the nightly activity has impacted the Court's docket.
This year saw the initiation of House Bi11 1019 and the Referee System for
minor traffic violations in the County Courts. While the County Courts
had to implement the procedure, municipalities were. given the option of
adopting the-new system or keeping the old .system. At the municipal judges
conference the new procedure was studied at length. The current Referee
System does not allow the defendant the opportunity to discuss his cita-
tion with the prosecutor, thus eliminateng plea bargaining. The procedure
in the Vail Municipal Court al]ows the defendant to consult the town attor-
ney and conduct plea bargaining. Under the current system defendants in
Vail Muni.ci.pal Court are given a wider range oi: options in dealing with
traffic violations than they have in the State~Court system. Thus, it is
recommended that the House Bill 1019 Referee System not be adopted by the
Vail Municipal Court at this time.
Over the last year efforts have been made to collect restitution for vic-
tims of crimes whenever possible. The operation of the program depends
upon .the individual officer providing the Court with restitution amounts
prior to the Court date. As the case proceeds through the Court, restitu-
tion arrangements are made with the defendant at the appropriate time.
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Year-to-date, $4,491.75 has,been assessed and is in .the process of being
collected. The largest single amount assessed was $2,800.00. That restitu-
tion amount was assessed for the Town of Vail for damage done to the Vail
Transportation Center elevator by two individuals.
In addition to the normal Court duties there has been a continuing commit-
ment to helping victims of domestic violence. Whenever possible, efforts
have been made to coordinate efforts with the Women's Resource Center.
Further, when there is no conflict of interest, the Court does make time
available to victims to explain options available to them and how the judi-
cial system functions in each of those options. With the growing awareness
of these problems, this activity of the Court will most likely continue to
expand. ~.
In reviewing the town's ordinances, there are several ordinances that the
Council might consider adopting. These ordinances deal with joyriding,
intimidation of witnesses, and possession of deadly weapons in bars.
An ordinance dealing with joyriding would allow these violations to be
written into the Vail Court rather than the Countv Court. There have
been a couple: of instances of this occurring.recently~in Vail indicating
the need for the ordinance. Many municipaliites throughout the state
have enacted an ordinance of this type and the Court has a sample ordi-
nance available.
In addition to the joyriding ordinance, an ordinance dealing with the inti-
midation of witnesses is needed. In the past seven months there have been
several cases where a witness has been contacted by the defendant and re-
quested to drop charges or alter testimony. In two specific cases the
victims were hesitant to follow through on the charges because they were
afraid of the defendants. This is particularly the case in some of the
domestic violence cases. An intimidation of witness ordinance would help
deter this type of activity.
Further, an ordinance forbidding the possession of deadly weapons in bars
should be considered by the Council. As precedence for this ordinance,
many municipalities have enacted ordinances of this type, Denver and
Breckenridge are two examples. Further, it should be noted that in Texas
it is a felony to he in possession of a firearm in a bar. An exception
for persons carrying firearms with a permit could be included in the
ordinance.
The increasing Court load has continued to demand more time of the Court
personnel both in and out of Court.. The time is approaching when addi-
tional Court sessions will be required to handle the docket. Currently,
more time is being required outside of the Court sessions to handle the
docket. The number of cases filed this year in the Vail Municipal Court
is currently 8% above the same period-last year. Although the case load
has increased; it should be noted that through July the Court has collected
$32,930.52 in fines as opposed to $37,031.50 for the same period last year.
The months of April and May of 1983 account for most of the decline. In
fact, with the exception of those two months,-the Court is ahead of 1982.
As always, it is a continuing pleasure to serve as Municipal Judge fo.r the
Town of Vail.
Respectfully submitted,
VAIL MUNICIPAL COURT
Buck Allen
Municipal Court Judge
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REVENUE
1982
January $5,028.00
February 5,443.00
March 5,077.00
April 8,317.50
May 5,619.50
June 3,184.50
July 4,362.00
($37,031.50)
August 4,018.50
September 3,893.68
October 3,411.90
November 1,535.00
December 5,142.00
VAIL MUNICIPAL COURT REPORT
1983
$6,369.00
6,030.00
6,180.50
4,278.02
2,105.00
3.,520.00
3,848.00
($32,930.52)
1982
148
101
18
170
85
82
89
ARRAIGNMENTS
198 3
114
157
220
121
44
91
106