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Magistrate to recommend cutting $59,580 fine to county costs in Gary Duran case
Summary
Special Magistrate John Veil Lani said he will recommend that the Board of County Commissioners reduce a $59,580 accrued fine to the county's hard costs of $3,218.46; the BOCC will consider the recommendation at its Oct. 10 meeting.
Gary Duran appeared at the Sept. 17 special magistrate hearing seeking a reduction of accrued fines and lien related to enforcement at 19203 NW 258th Street.
Assistant county attorney Berryman told the magistrate the respondent had requested a reduction from $59,580 to $2,000. Beth Albert read the county's hard costs into the record as $3,218.46 and the county said it had no objection to a reduction to that amount. Magistrate Lani explained his authority limits him to recommending a reduction only down to the county's documented costs.
"The county's hard cost on this case are $3,218.46," Beth Albert stated when reciting the record. The magistrate said he would recommend that the Board of County Commissioners enter a final order reducing the fine to $3,218.46 and advised Duran he could attend the Oct. 10 BOCC meeting at 9:00 a.m. in the Historic Courthouse to be heard.
Why it matters: a magistrate recommendation to reduce a large accrued fine to documented county costs substantially lowers the monetary burden for the respondent, but the final decision rests with the BOCC. The record shows the county's position and the magistrate's recommendation, and the BOCC meeting notice provides the next procedural step.
