MINNESOTA COUNTY ATTORNEYS ASSOCIATION
Ideas For Increasing The Efficiency and Effectiveness
of the Criminal Justice System
March 7, 2003
General Overview:
The Minnesota County Attorneys Association (hereafter “Association” or “Minnesota’s County Attorneys”)
supports efforts to explore feasible ways to improve the efficiency and effectiveness of the criminal justice
system. It is imperative, however, that such improvements do not weaken our state’s response to criminal
behavior or adversely impact the interests of pursuing justice, protecting public safety, and safeguarding the
rights of crime victims.
Minnesota’s County Attorneys support ongoing efforts to review all phases of the criminal justice system in
order to improve its efficiency and effectiveness. Caution must be exercised, however, to avoid placing the
efficiency of the criminal justice system above the state’s obligation to protect its citizens. Minnesota’s
prosecutors support the concept of efficiency in the criminal justice system as long as public safety is not
compromised and the interests of crime victims are not adversely impacted.
Minnesota’s County Attorneys have concerns about certain proposals that attempt to achieve efficiency
merely by reducing the number of cases that enter the criminal justice or correctional systems. Such
approaches may undermine the protection both of victims and the general public. The Association remains
committed to working with the Minnesota Legislature and other agencies within the criminal justice system
to explore these issues in greater detail.
Specific Proposals To Achieve Greater Efficiency and Improve the Criminal Process Supported By
Minnesota’s County Attorneys:
1. The Association supports proposals to amend the rules of Criminal Procedure to allow guilty pleas using
notarized documents or possibly telephone appearances without personal appearances of defendants who
are already in the custody of the Commissioner of Corrections. We believe this would save resources for
Sheriffs’, courts, and attorneys throughout the state.
2. The Association supports efforts to maximize the use of technology to create efficiencies throughout the
criminal justice system. Some of those measures include:
a. The use of digital signatures, electronic filings, and the use of computers to gather evidence,
create reports and disseminate discovery;
b. Creation of a Public Key Infrastructure (PKI) by state courts to facilitate the use of digital
signatures and electronic filings and transmissions throughout the state;
c. Expanding computer use in the courtrooms so that all parties have access to MNCIS (new
Minnesota Court Information System), comprehensive criminal history, jail credit, and various
case management systems used by agencies (this would require installing additional data ports in
courtrooms or establishing wireless networks);
d. Use of electronic calendars by attorneys, judges and court personnel on a standard computer
platform to facilitate accurate in-court scheduling of future appearances. This will not only
improve the scheduling of court appearances, but also reduce the number of continuances;
e. Building or buying standard case management systems for prosecution and law enforcement
agencies that cannot afford to buy or maintain their own;
f. Further development of CriMNet. The development of inter-agency informational systems such
as CriMNet is critical to preserving the integrity of our criminal justice data and improving the
efficiency and effectiveness of our state’s response to crime.
Technology improvements to the criminal justice system are important and necessary to improve
efficiency and effectiveness. Expansion of technology, however, should not come at the expense of
personnel needed to handle the criminal cases being processed. While improving information sharing
and data collection are critical to our ability to adequately protect public safety, adequate numbers of
individual prosecutors, defense attorneys and judges (plus necessary support staff) must continue to be
available to make the important discretionary decisions needed to process criminal cases in a timely and
effective manner.
3. The Association supports procedural changes aimed at increasing the efficiency of the scheduling of
criminal and juvenile cases in order to speed up the criminal process without compromising the rights of
defendants or crime victims. Eliminating unnecessary or duplicative court appearances and otherwise
streamlining criminal procedures leading up to trial, without compromising the constitutional rights of
the accused, would serve the interests of criminal justice agencies, crime victims and the public.
4. The Association supports eliminating the need to provide bail studies in all cases if both the prosecutor
and defense attorney consent and the judge concurs.
5. The Association supports granting prosecutors the discretion to designate appropriate misdemeanor
offenses as petty misdemeanors.
6. The Association supports the repeal of mandatory pre-sentence investigations, particularly in cases where
a Minnesota Sentencing Guidelines worksheet has been prepared, restitution amounts are known, and an
executed prison sentence is being imposed. Prosecutors or defense attorneys, however, should have the
authority to obtain such a study if circumstances so warrant.
7. The Association supports amendments to the Rules of Criminal Procedure that would allow for citation
or tab charging in all gross misdemeanors except the designated gross misdemeanors contained in Minn.
Stat. §388.051, Subd. 2. Also, the ability of defense attorneys to request long form complaints in a
misdemeanor tab charged case should be eliminated, provided that police reports surrounding the
incident are made available.
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Conclusion
The Minnesota County Attorneys Association believes that there are a number of changes which can be
made to the criminal justice process in our state to improve efficiency and effectiveness without jeopardizing
public safety or adversely impacting crime victims or other system participants. The Association urges the
Legislature to keep these overriding concepts in mind as we work together to establish the most efficient and
effective criminal justice system possible for the benefit of Minnesota’s citizens.
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