Mandatory Fines: The Discretion of Judges

At the most recent City Council meeting, there was one issue to which the council members allotted the majority of their time. The topic under debate was the Maximum and Mandatory fines that could be issued for chapters 1, 4, 7 , 8, 9, and 11 of the Greenwood Village Municipal Code (agenda number 8A). The Council Members were worried about the language of the ordinance, as well as the level of discretion that would be left the municipal judge to hand out fines. Many members were concerned about the idea of a mandatory minimum for all infractions. It worried some that a $1000 dollar fine could be given to a constituent guilty of merely running their lawn mower at too early an hour. And while there would be a minimum fine, it would be entirely up to the police whether an infraction ticket was even administered. At this, the Council Members were obviously relieved, noting that their police force was known for being reasonable.

As the debate continued however, Council Members Rose and Schluter were at odds when discussing whether there should be a mandatory fine prescribed for all infractions concerning the sale of alcohol to minors. While Rose believed that the maximum fine should be applied to everyone guilty of selling alcohol to minors, Schluter, citing her experience on a Greenwood Village jury in such a case, believed there should be a certain amount of leniency when approaching such a manner. In the end, it was decided that the amendment would pass immediately, if only because it was just the first read of the ordinance. The particulars of the  language and phrasing would be decided at a later meeting.