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![handle is hein.sag/sagmn0020 and id is 1 raw text is: MINNESOTA LEGAL REGISTER
Vol. 16, No. 1
Opinions of the Attorney General
Hon. Hubert H. Humphrey, III
GROSS MISDEMEANORS: HEN NEPIN COUNTY
ATTORNEY: HEN NEP IN COUNTY MUNICIPAL
COURT: Minn. Stat. §§ 488A.10, subd. 11 (1980) and
388.051(c) (1980) Impose upon the Hennepin County
Attorney the prosecutorial responsibilities in gross
misdemeanor cases; the enactment of Chapter 398,
Section 11, Laws of Minnesota for 1982 has not altered
this responsibility.
Thomas L. Johnson, Esq. January 5, 1983
Hennepin County Attorney 121-b-7
2000 Government Center (Cr. Ref. 59-a-5)
Minneapolis, Minnesota 55487
and
Robert Alfton, Esq.
Minneapolis City Attorney
1700 Hennepin County Government Center
Minneapolis, Minnesota 55487
In your letter to the Attorney General you present
substantially the following
FACTS
Chapter 398, Section 11, Laws of Minnesota for
1982, amended Minn. Stat. § 488A.01, Subd. 6 (Minn.
1980) by transferring jurisdiction in gross misdemea-
nor cases from the District Court to the Hennepin
County Municipal Court. This amendment is effective
January 1, 1983. In so doing, the Legislature left un-
touched Minn. Stat. § 488A.10, Subd. 11 (1980), which
provides for the prosecutorial prerogative within the
Hennepin County Municipal Court, and Minn. StaL.
§ 388.051 (1980), which sets out the general duties of
the various county attorneys, including their prosecu-
torial mandate.
You then asked substantially the following
QUESTION
By transferring jurisdiction of gross misdemeanor
cases from the District Court to the Municipal Court
in Hennepin County, does Chapter 398, Section 11 Laws
of Minnesota 1982 also have the effect of transferring
prosecutorial responsibility for those cases from the
County Attorney to City Attorneys?
OPINION
We answer your question in the negative.
Prior to the enactment of Chapter 398, Laws of
Minnesota fcr 1982, it was clear that the County
Courts, including the Hennepin County Municipal Court
and the Ramsey County Municipal Court, did not have
jurisdiction in gross misdemeanor cases.-
It being a cardinal rule of statutory construction
that legislative intent controls,2 an overview of the
prosecutorial prerogative and mandate with respect
to county courts (including Hennepin County Muni-
cipal Court and Ramsey County Municipal Court) and
gross misdemeanors prior to and following upon the
I Minn. Stat. § 487.18 (1980) applicable to County Courts;
Minn. Stat. § 488A.18, Subd. 7 (1980) applicable to Ramsey
County Municipal Court; Minn. Stat. § 488A.01, Subd. 6
(1980) applicable to Hennepin County Municipal Court.
2 Minn. Stat. § 645.16 (1980).
Page 1
IN THIS ISSUE
Subject Op. N*. Dated
GROSS MISDEMEANORS: Hennepin County Attor-
ney: Hennepin County Municipal Court.
121-b-7 1/5/83
enactment of Chapter 398, Laws of Minnesota for 1982
is significant.
There has been no change with respect to the
duties of the county attorney as set out in Minn. Stat.
§ 388.051(c) (1980) which provides that:
It is the duty of the county attorney to ... prose-
cute felonies, including the drawing of indictments
found by the grand jury, gross misdemeanors [em-
phasis added] and, to the extent proscribed by law,
violations of misdemeanors, municipal ordinances,
charter provisions and rules;
Nor has there been any change with respect to
Minn. Stat. § 487.25, Subd. 10 (1980) which provides
for the prosecutorial prerogative in the county courts,
exclusive of the Hennepin County and Ramsey County
Municipal Courts.3
It is clear, then, with respect to the county courts
in general, that the transfer to them of jurisdiction
in gross misdemeanor cases has not changed the duty
given to the county attorney to prosecute gross mis-
demeanor cases.
With respect to the Ramsey County Municipal
Court, Chapter 398, Section 16, Minnesota Laws of
1982 amended Minn. Stat. § 488A.18, Subd. 7 (1980)
by giving to the Ramsey County Municipal Court
jurisdiction in gross misdemeanor matters:
The Court has jurisdiction to hear, try and deter-
mine any charge of violation within Ramsey County
of:
(1) a criminal law of this state constituting a
misdemeanor or gross misdemeanor and any offense
of this state which constitutes a petty misdemeanor.
During the same session, the Legislature, by Chap-
ter 592, Section 1, Laws of Minnesota 1982, amended
Minn. Stat. § 488A.27, Subd. 11 (1980) which defined
the prosecutorial prerogative within the Ramsey County
Municipal Court. The amendment clearly transferred
the prosecutorial duties in gross misdemeanor cases
from the county attorney to the attorney of the muni-
cipality in which the violation is alleged to have oc-
curred.4
3 Minn. Stat. § 487.25, Subd. 10 (1980) provides:
Prosecuting attorneys. Violations of state law which
are misdemeanors or of a municipal ordinance, charter
provision, rule or regulation shall be prosecuted by
the attorney of the municipality where the violation
is alleged to have occurred if that municipality has an
attorney. All other offenses [emphasis added] shall be
prosecuted by the county a.ttorney of the county in
which the alleged violation occurred.
4 Chapter 592, Section 1, Minnesota Laws of 1982:
Minnesota Statutes 1980, Section 488A.27 Subdivision 11,
is amended to read:
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
JANUARY 1983](ViewImageLocal?handle=hein.sag/sagmn0020&div=1&collection=&method=preview&ext=.png&size=3)