488A.27 Pleading, practice, procedure, and forms in criminal proceedings.
Subdivision 1. General. Except as otherwise provided in this chapter but subject to the provisions of section 480.059, pleading, practice, procedure and forms in actions or proceedings charging violation of a statute, ordinance, charter provision or rule shall be governed by the Rules of Criminal Procedure.
Subd. 2. Court rules. A majority of the judges may adopt rules governing pleading, practice, procedure and forms in actions or proceedings charging violation of a statute, ordinance, charter provision or rule. The rules shall be consistent with the Rules of Criminal Procedure, the provisions of this chapter and any other statute of this state.
Subd. 3. Complaints. Complaints charging violation of a statute, ordinance, charter provision, or rule shall be governed by rule 2 of the Rules of Criminal Procedure. The administrator or other employees of the court shall perform the duties relating to complaints authorized to be performed by the court administrator or deputy court administrator pursuant to rule 2 of the Rules of Criminal Procedure.
Subd. 4. Tab charges. Tab charges are governed by rule 4 of the Rules of Criminal Procedure. The administrator shall perform the duties relating to tab charges authorized to be performed by the court administrator pursuant to rule 4 of the Rules of Criminal Procedure.
Subd. 5. Pleas. Pleas are governed by rule 14 of the Rules of Criminal Procedure. The administrator shall perform the duties relating to pleas authorized to be performed by the court administrator pursuant to rule 14.03 of the Rules of Criminal Procedure.
Subd. 6. Right to jury trial. In any prosecution brought in a county court or a county municipal court in which conviction of the defendant for the offense charged could result in imprisonment, the defendant has the right to a jury trial.
Subd. 7. Process. All warrants and other criminal process may be issued by any judge of the court. Provided, however, the administrator or other employees of the court may also perform such duties when the offense alleged to have been committed is a violation of a petty misdemeanor law of this state or of a municipal ordinance which is punishable, upon conviction, by a sentence to the payment of a fine only.
Subd. 8. Suspension, alteration or modification of sentences. At the time of imposing sentence, or at any time thereafter, the sentencing judge, or any other judge if the sentencing judge is not available, may suspend, alter or modify the sentence imposed, upon such terms and conditions as such judge deems appropriate.
Subd. 9. Repealed, 1979 c 233 s 42
Subd. 10. Minutes of preliminary hearings. The administrator shall keep minutes of preliminary hearings on indictable offenses and make proper return to the court before which the person charged with the offense may be bound to appear.
Subd. 11. Prosecuting attorneys. Except where the county attorney is specifically designated by law as the prosecutor for the particular violation charged, the attorney of the municipality in which the violation is alleged to have occurred shall have charge of the prosecution of all violations of statutes, including gross misdemeanor violations, ordinances, charter provisions or rules triable in this court and shall prepare complaints for the violations.
Subd. 12. Peace officers. The sheriff, with the approval of a majority of the judges, shall assign to the court a sufficient number of deputy sheriffs, who shall act as bailiffs of the court. A bailiff shall be in attendance at all sessions of the court involving traffic or criminal matters and at such other times and places as the court may direct. The county board may, with the approval of a majority of the judges, contract with any municipality upon such terms as may be agreed upon for the services of police officers of the municipality to act as bailiffs at all sessions of the court in the municipality. Said officers shall obey the mandates of the court and preserve order during said proceedings.
Subd. 13. Service of process. All process in criminal matters and in matters where a charge is brought of violation of an ordinance shall be served by the police or peace officers of the municipality in which the violation is alleged to have occurred or by the sheriff of Ramsey County as the court designates.
HIST: 1961 c 436 s 10; 1967 c 747 s 8; 1969 c 729 s 10; Ex1971 c 27 s 37-39; Ex1971 c 30 s 2; 1973 c 708 s 19-22,36; 1974 c 397 s 28,29; 1976 c 166 s 7; 1977 c 432 s 39,40; 1979 c 233 s 9-13; 1982 c 592 s 1; 1985 c 248 s 70; 1986 c 444; 1Sp1986 c 3 art 1 s 82
Official Publication of the State of Minnesota
Revisor of Statutes