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.
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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.
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