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HomeMy WebLinkAboutResolution No. 2566 RESOLUTION NO. 2566 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY URGING SUPPORT OF LEGISLATION PROPOSED BY THE ATTORNEY GENERAL FOR THE BETTERMENT OF OUR CRIMINAL JUSTICE SYSTEM WHEREAS, Attorney General Evelle J. Younger has presented Legis- lative Proposals for the betterment of our Criminal Justice System which would assist in providing more expedient criminal trials and which would reduce the backlog and delay of same; and WHEREAS, Attorney General Evelle J. Younger has recommended further Legislative Proposals to protect the Ecology and Environment of our State which we believe would be for the betterment of all citizens; and WHEREAS, the following are the Legislative Proposals and their purposes as recommended by the Attorney General: Senate Bill 839: Senate Constitutional Amendment 42 proposes that every defendant in a felony trial should be represented by counsel. Purpose: To ensure that each defendant is properly represented and that all his rights are asserted in a prompt, timely and efficient manner, to avoid unnecessary delay and confusion in the administration of criminal trials. Senate Bill 629, proposes that every defendant in a capital case should be represented by a lawyer certified as a specialist in criminal law. Purpose: To ensure representa- tion by skilled and competent counsel in trials in which a defendant's life is in jeopardy. To avoid reversals based on inadequate representation and inadequate defense. Senate Bill 631, proposes that failure to practice his profession with reasonable competence should be made grounds for the disbarment, suspension or reproval of an attorney. The harsh penalties of disbarment or suspension should not be imposed, however, until at least one lesser disciplinary sanction has been imposed. Purpose: To improve the quality of legal practice and, in so doing to facilitate the effective administration of justice. Senate Bill 676, proposes that California should adopt the "Federal Rule ", and clarify the duty of trial judges, rather than counsel, to examine prospective jurors. Purpose: The adoption of this proposal would eliminate countless hours of court time now devoted to the efforts of counsel to try their cases, introduce inadmissible evidence, and obtain jurors favorable to their cause, rather than impartial ones, before the trial even begins. Senate Bill 677, proposes that the use of applications for extraordinary writs as a means of obtaining appellate review of an issue before a criminal trial should be re- stricted. All motions should be brought within the time limits prescribed for a speedy trial. A defendant should be allowed to bring motions beyond those time limits only if he was unaware of the issue or had no opportunity to raise it in a timely fashion. Purpose: To eliminate trial delay by limiting the use of extraordinary writs which delay the commencement of trials. Senate Bill 678, proposes that the Attorney General should have the authority to sue to prevent all types of environ- mental abuse, and should receive notice of lawsuits affecting the environment. Purpose: To provide the necessary legal authority to prevent environmental abuse where existing laws may prove inadequate. Assembly Bills 1043 -46, propose to set limits on motor vehicle noise to insure a progressive reduction of motor vehicle noise. Purpose: To protect the public against the unnecessarily noisy vehicles about him. Assembly Bill 1504, proposes to require that no subdivision fronting on a navigable river or stream be approved unless reasonable public access to the water is provided. Purpose: To safeguard our steadily diminishing opportunities to reach public waters. "— Senate Bill 556, proposes to require before any proposed airport expansion is permitted, that a hearing be held to consider its environmental impact. Purpose: To insure proper consideration of environmental factors before airport expansions. Few facilities can have as dramatic environ- mental impact on a community or neighborhood than a busy airport. Senate Bill 51, proposes automotive repair dealers and mechanics should be licensed and subject to discipline for unfair, deceptive, or grossly negligent practices. Purpose: To eliminate dishonest and incompetent automotive repair work. Assembly Bill 289, proposes to permit a buyer to cancel a home sales contract within three days after entering into it. Purpose: This bill would discourage the high pressure tactics often used in door to door solicitations for purchases of expensive and sometimes worthless merchandise. Assembly Bill 236; Senate Bill 223, propose to plug a gap in the present law prohibiting automobile dealers to turn back the odometers on the vehicles they sell. Purpose: To prevent a fraudulent practice that deceives purchasers as to the true mileage of the vehicle they buy. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. That this City Council does support the Legislative Proposals recommended by Attorney General Evelle J. Younger as hereinabove set forth which would result in the betterment of our Criminal Justice System, and urges support of the same by all of the Cities in Southern California. SECTION 2. The City Clerk shall certify to the adoption of this Resolution, shall forward a certified copy to Attorney General Evelle J. Younger, and provide for appropriate distribution to all Cities in Southern California. APPROVED AND ADOPTED this 12th day of July , 1971. ATTEST: Mayor City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 12th day of July , 1971, by the following vote, to wit: AYES: 5 Councilmen: Morton, Winton, Jennings, Hollis, Ferris NOES: 0 Councilmen: None ABSENT: 0 Councilmen: None p City Clerk -2-