Attorneys will express their concerns for a Freeborn-Mower joint judicial center plan in a second round, inter-county meeting Thursday at the Elks Club in Albert Lea.

Saturday, December 08, 2001

Attorneys will express their concerns for a Freeborn-Mower joint judicial center plan in a second round, inter-county meeting Thursday at the Elks Club in Albert Lea.

The meeting is a continuation of a Nov. 28 session.

Besides the transportation issues the new center could incure, some attorneys said legal issues, particularly regarding a change of venue, could be a problem.

&uot;The joint facility requires a statutory amendment, and I think it is impossible,&uot; Freeborn County Attorney Craig Nelson said.

According to Nelson, if the joint facility were located within the boundary of either counties, Minnesota criminal law would have to be changed.

&uot;The law requires every criminal case shall be tried in the county where the offense was committed,&uot; Nelson said.

He also pointed out Minnesota Statues Sec. 373.05 stipulating that a courthouse cannot be located away from the county seat.

&uot;To realize the joint facility, we need to either change the county seat or merge two counties. That is, I believe, out of question,&uot; Nelson said.

Joseph A. Bueltel, Third Judicial District chief public defender, recognizes the joint center would provide a greater convenience for the public defenders’ activity. But he thinks the venue issue needs to be cleared.

Minnesota Rules of Criminal Procedure define situations in which a case can be tried in the place out of where the offense was committed.

These exceptions are in case the court finds:

– a fair and impartial trial cannot be held in the county.

– the convenience of parties and witnesses

– a prejudicial publicity.

Mower County cases would end up being processed inside the Freeborn boundary if the joint center would be located at the even point between Albert Lea and Austin.

&uot;That would create a situation where the exception has swallowed the rule,&uot; Bueltel said.

&uot;I am not opposing the idea of judicial center per se, but it would be unfortunate if we spend millions of dollars only to face the legal problem of venue which would be ultimately upheld by the courts.&uot;

The Freeborn County Bar Association adopted a resolution that demands the courthouse and jail to stay in downtown Albert Lea in its last meeting on Nov. 28.

President Ellen Weinberg insists that the downtown location is the most convenient for the member lawyers’ legal practices.

&uot;Fifteen-munute driving to and from the court would not only take attorneys’ time but also result in a higher charge on our clients,&uot; Weinberg said.

Freeborn County Administrator Ron Gabrielsen said he welcomes all relevant legal opinions. Gabrielsen also expects at the next meeting to listen to concerns from businesses in both counties