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<br />1~~WVffit <br /> <br /> <br />RECEIVED <br />AUG 18 2lIIi <br /> <br />(:ASS COUNTY COMMISSION <br /> <br />MEMORANDUM <br /> <br />S A TO: <br />tate's ttorney <br /> <br />Birch P. Burdick <br /> <br />Assistant State's <br />Attorneys: <br /> <br />Mark R. Boening <br />Tracy 1. Peters <br />Trent W. Mahler <br />Aaron G. Birst <br />Earle R. Myers. Jr. <br />Leah 1. Vistc <br />Reid A. Brady <br />Kara Schmitz Olson <br />Jonathan H. P. Anderson <br />Gary E. Euren <br /> <br />Victim/Witness <br />Coordinators: <br /> <br />Brenda Olson-Wray <br />Debbie Tibiatowski <br /> <br />Check Division/ <br />Restitution: <br /> <br />Linda Workin <br />Charlotte Johnson <br /> <br />Box 2806 <br />211 Ninth Street South <br />Fargo, North Dakota 58108 <br /> <br />PH: 701-241-5850 <br />Fax: 701-241-5838 <br /> <br />Cass County Commissioners <br /> <br />FROM: <br /> <br /> <br />Birch P. Burdick <br />Cass County State's Attorney <br /> <br />DATE: <br /> <br />August 18,2006 <br /> <br />RE: <br /> <br />Mapleton Court Services Contract <br /> <br />***~***************** <br /> <br />On Monday, August 21, you have an agenda item relating to a <br />proposed Contract between the city of Mapleton and the Court to <br />hear their ordinance cases. It anticipates Cass County's <br />concurrence. Some or all of you may have been contacted by a <br />Jason Kirkeby, who was elected in the recent municipal election <br />to be Mapleton's municipal judge. <br /> <br />I was contacted by Commissioners Bennett and Wagner to offer <br />some background on the contract and Cass County's role in <br />concurring with the agreement. In response, I provide the <br />following information: <br /> <br />. <br /> <br />Contract: see item e - Consent Agenda. This <br />matter may be moved onto the Regular Agenda for <br />further discussion. <br /> <br />. <br /> <br />Cass County's Role: The Contract was provided to <br />the Commission for its concurrence due to the <br />language in NDCC 940-18-06.2 (copy enclosed). <br />The reason for county concurrence is not outlined <br />in the statute. Nor have I found a reason in case <br />law or AG's opinions. However, I note the <br />following: (1) Under some circumstances, the <br />additional cases could impact a county's facilities. <br />(2) The additional cases may impact a sheriffs <br />staff and/or jail. It is not my opinion a county <br />commission's concurrence connotes an opinion as <br />to whether it is a good idea for a city to transfer the <br />cases and/or abolish the city's municipal judge <br />position. Rather, it is my opinion the county <br />