2005 Minnesota Statutes - 488A.27 — Pleading, practice, procedure, and forms in criminal proceedings.

     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 
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