PROSECUTOR EXPRESSES CONCERN ABOUT PROPOSED CITY ORDINANCE

A proposed ordinance that would allow the city court to handle
juvenile liquor and marijuana offenses has the Mesa County District
Attorney's Office concerned that convictions might not count against
someone if a subsequent offense went to state court.

Deputy District Attorney Dan Rubinstein said he worries that if
minors are convicted in municipal court, the state court and other
law enforcement agencies won't have access to the city's computer
system and therefore won't be aware of any prior convictions.

Additionally, the municipal court doesn't have jury or public
defender systems in place, so convictions there wouldn't be
"constitutionally valid," Rubinstein said, which may mean the state
court couldn't use them to enhance sentences for subsequent offenses.

The proposed ordinance, however, is still in the early stages of
development, City Attorney John Shaver said, and more discussion with
the District Attorney's Office and other concerned groups would be a
precursor to any action the city council might take on the proposal.

"I think a lot of this stuff is in the formative stages, and clearly
we are aware that there may be some logistical issues," Shaver said,
adding that most underage drinking and low-level marijuana possession
tickets never go to trial.

Meanwhile, County Court Judge Tom Deister said Mesa County Court
currently has two judges doing the work of three and a half,
according to a state study, and cases handled in municipal court
would help lighten the case load.

In 2004, the Grand Junction Police Department handled 389 cases of
minors in possession of alcohol, resulting in 697 arrests. Officers
from the Police Department made 92 arrests of minors in possession of
less than an ounce of marijuana.

"That's a pretty significant number, so I have every reason to expect
that it would be helpful to our docket," Deister said.

Before July 1, the maximum fine for underage drinking was $100, and
the crime was always considered a petty offense. Now, the fine for a
first offense can be up to $250, $500 for a second offense. A third
offense now becomes a class 2 misdemeanor punishable by up to a year in jail.

Rubinstein said those changes could make it more difficult for
municipal court to handle underage drinking cases because jail
sentences can be imposed. The municipal court, however, can stipulate
cases that could result in jail time be sent to county court, Shaver said.

"Once we got the case, our prosecutor would look at the case and see
if it would be more appropriate to go to state court," Shaver said.

Enacting the proposed ordinance would probably not require additional
staff in the City Attorney's Office, Shaver said, and it could
increase revenue to the city. By how much hasn't been calculated yet, he said.

"It will depend upon ultimately what the council will approve in
terms of fines," Shaver said. "It's just too early to try to answer
that question."

A draft of the proposed ordinance includes stiffer penalties than
those the state imposes. The draft, which was reviewed by City
Council members last week, calls for a fine of up to $1,000,
community service and up to 30 days in jail for anyone who provides
alcohol to a minor.

Minors caught in possession of alcohol or marijuana could receive up
to a $1,000 fine, 24 hours of community service, drug or alcohol
education classes, drug or alcohol evaluation and treatment and
suspension of a driver's license for three months for the first offense.

In addition, people 18 and older in possession of alcohol or
marijuana could receive up to 30 days in jail, according to the draft
ordinance.

Grand Junction Police Chief Greg Morrison has said municipal
ordinances for underage drinking and possession of marijuana won't
affect his department's enforcement of the law. They could, however,
reduce officers' overtime and improve coordination of cases because
the officers, the court staff and the municipal judge all work for
the city, he said.

City Council members have forwarded the issue to the City Youth
Council, which will report its recommendations back to the council. A
date for the Youth Council discussion hasn't been set, Shaver said.