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10-11-2007 Pierce Durance ProposalTO: AVON TOWN COUNCIL FROM: ELIZABETH PIERCE - DURANCE, LLC Sus 22501 =tt RE: PROPOSED PROSECUTORIAL SERVICES FOR MUNICIPAL COURT AND GENERAL TRAINING FOR ENFORCEMENT AGENCIES WITHIN THE MUNICIPALITY DATE: OCTOBER 11, 2007 Introduction This proposal is for legal services to be offered by the law firm of Elizabeth Pierce- Durance, LLC. Services offered are (1) prosecution of Municipal Code violations, both criminal and civil in nature, and (2) police training and advisement. Historically, prosecutorial services have been part of a larger contract for legal services provided by Town Attorney John Dunn. For the past two years, as an associate of Mr. Dunn's, I handled Municipal Court prosecutions and assisted with the occasional drafting of ordinances, including the recently created civil infractions. As a sole practitioner, I propose to continue to prosecute for the Town of Avon while offering new, ancillary services in the form of police training and advisement. Prosecution The offer to prosecute encompasses the following typical activity: gathering discovery from relevant enforcement agencies (e.g., Avon Police Department, Vail Dispatch, Eagle County Sheriffs Office when applicable); evaluating the prosecutorial viability of each case; requesting and obtaining supplemental reports; reviewing or obtaining victim /witness statements; ensuring proper filing of cases with appropriate charges; ensuring that cases are timely set for trial with necessary subpoenas issued and served; preparing witnesses and exhibits for trial; responding to defendant discovery requests and other inquiries; conducting pre -trial conferences and dispositional hearings twice a month; conducting motions hearings as needed; conducting bench and jury trials as needed; and handling appeals. Violations prosecuted under the Municipal Code include criminal charges - such as assault and battery, larceny, disorderly conduct - and Code violations, such as enforcement of building code provisions and nuisance regulations. Approximately 1,200 cases will have been filed in the Municipal Court by the end of this year, according to court records. Elizabeth Pierce - Durance LLC proposal for expanded prosecutorial services October 2007 1 Any conviction, civil or criminal, under the Town's Code may result in a fine up to $1000 and /or jail for up to one year. The Town's recent designation of certain violations as civil infractions permits mandatory fines of up to $1000 /day for selected code violations. Some of the procedural requirements for enforcing these civil infractions are still being worked out (e.g., developing an appropriate charging document), which 1, as prosecutor, will continue to assist with, drawing upon some of the same resources used to develop the ordinance in the first place. Civil infractions also permit the Town to lien certain property to secure its right to payment pursuant to fines issued by the Municipal Court. As prosecutor, I can assist the Town Attorney in ensuring those liens are successfully established, and foreclosed, if needed. Recent changes to state statutes have increased a Municipal Court's jurisdiction from $500 to $1,000 for selected property crimes, such as theft and criminal mischief. One legislative intent was to shift prosecution of these value- indexed crimes from the District Courts to the County Courts and from the County Courts to Municipal Courts both to ease pressure in the upper courts and to account for inflation. This increase in the value index is likely to increase the number and value of cases tried by Avon's Municipal Court, with a proportionate increase on prosecutorial demand. In addition to prosecuting cases under existing law, I will work with the Town Attorney to develop additional or amended ordinances as needed as I have done in the past. One such development might be the creation of a diversion program for qualified juvenile offenders, to be managed by the prosecutor and funded by an administrative fee paid by the diverted juveniles. Police Training Avon's police force has undergone some turnover recently and faces, like most small- town forces, a constant need for training and retraining to keep officers on top of their game. I propose, therefore, to offer police training, on at least a quarterly basis, in at least the following areas: report writing, affidavit writing, testifying in court, and search and seizure issues. Any improvement in these areas will be useful to Avon police in cases filed and prosecuted at every court level, from Municipal through District Courts. I will work closely with the Chief of Police to identify areas of need and appropriate opportunities to offer this specialized training. Elizabeth Pierce- Durance LLC proposal for expanded prosecutorial services October 2007 2 In shaping a training program, I will draw upon materials from Colorado Mountain College, which offers an associate degree in Law Enforcement, and the Colorado Law Enforcement Training Agency (CLETA), among other sources. I will invite guest lecturers, such as John Goodwin, former Head of CMC's associate degree program (currently a police officer for the Town of Snowmass Village and due to return to the CMC program in January of 2008), and technical experts from the Colorado Bureau of Investigators to offer current training in the use of specialized technology, such as evidence collection and analysis, as well as local judges and defense counsels to address constitutional developments and APD strengths and weaknesses. I will shape a training program with regard to those areas where law enforcement agencies typically face their greatest legal liabilities: the use of lights and sirens; false arrests; and officer supervision. I will seek to educate myself through liaison with other police trainers and advisors, such as those working for metropolitan forces; and with the Colorado Municipal League and the Colorado District Attorneys Council. Budgetary impact Avon currently pays an hourly rate of $115 /hour for its basic prosecutorial service, and has budgeted this program not to exceed $18,000 /year. I propose to charge the same hourly rate while expanding the services to include police training and advisement, as described above. The expectation would be to remain within the $18,000 annual budget, while increasing the overall value received iex expenses are likely to include up to $500 in additional training for me, rary costs for the Po 'ce Department. Elizabeth Pierce - Durance LLC proposal for expanded prosecutorial services October 2007 3