ORGANIZATION AND PROCEDURES OF THE
CRIMINAL DIVISIONS OF THE CIRCUIT COURT
Whereas, the orderly administration of justice requires that attorneys, clerks, defendants, victims, witnesses, personnel in the various agencies dealing with the courts, and other persons involved in the process of a criminal case be advised of the organization and procedures of the Criminal Divisions;
NOW, THEREFORE, IT IS ORDERED AS FOLLOWS:
A. Structure of Divisions
There are four criminal divisions of the circuit court. The general distribution of cases to each division is set forth below.
Division 1- (A-E) Alachua County; Union County
Division 2 - (F-K) Alachua County
Division 3 - (L-R) Alachua County; Levy County; Gilchrist County
Division 4 - (S-Z) Alachua County; Bradford County; Baker County
B. General Responsibility of Judges in the Criminal Division
The judge of each division is responsible for the progress and conduct of all cases assigned to that division from inception to conclusion, including but not limited to arraignments, bond hearings, motion hearings, case management, pre-trial, trial and post-trial matters. The judge shall exercise supervision over the preparation of all calendars and dockets of cases assigned to him in conformity with the master calendar.
A. Designated Proceedings on Master Calendar
The dates available for proceedings are generally regulated by the Master CalenderThe Master Calender is available from the Office of the Court Administrator. under the following designations:
1. Crim Gen.: Criminal General
Criminal General is reserved for conducting arraignments and also for change of pleas and dispositions which have been calendared by court order, oral or written.
2. Bond Hrgs.: Bond Hearings
Bond hearings are reserved for hearing motions related to bond or other pre-trial release. Such motions must be filed at least two (2) full working days before they will be heard. Upon receipt of a motion for bond reduction or other pre-trial release, the Clerk will place the case on the docket to be heard after at least two (2) full working days have passed, at a bond hearing before the presiding judge of the division in which the case is filed.
3. Motion Hrgs.: Motion Hearings
Motion hearings are reserved for hearing evidentiary motions which have been calendared through the judicial assistant of the presiding judge.
4. Case Man.: Case Management
Case management is reserved for conducting case management, which entails among other things, the setting of a pre-trial conference and a trial date.
5. PTC.: Pre-trial Conference
Pre-trial Conference is reserved for conducting pre-trial matters and any other event as approved by the court.
6. Jury Sel.: Jury Selection
Jury Selection is reserved for conducting jury selection.
7. VOP: Violation of Probation
VOP (a.m.) is reserved for case management, arraignments, change of pleas and dispositions in violation of probation and community contol cases. VOP Hrgs (p.m.) is reserved for hearings/trials in violation of probation and community control cases.
8. Trial
Trial is reserved for conducting trials.
B. Arraignment, Case Management and Pre-trial
1. Arraignment
Not less than ten days after an information or indictment is filed, arraignment at Criminal General will take place. The Clerk will provide notice of the arraignment to attorneys of record, pro se defendants and the bonding agency.
2. Case Management Conference
a. Date
Not less than forty-five (45) days after the arraignment, if the case has not been disposed of, the court will conduct a case management conference. At the case management conference a date for the pretrial conference and the trial will be set.
b. Responsibilities of State and Defense prior to case management
After receipt of the Demand for Discovery and in compliance with the Florida Rules of Criminal Procedure, the State must supply all discovery and police reports to the Defense and make a plea offer. Both the State and Defense are expected to exercise diligence to complete enough discovery to be able to set a date for trial at the case management conference and be bound by the trial date set.
A case will not be set for trial without the representation to the court by the State Attorney or Assistant State Attorney responsible for prosecution of the case that the case is ready for trial. This representation will be construed to include the additional representation that:
(1) each witness expected to be called at trial by the State has been interviewed personally by the State Attorney's office;
(2) the State is unaware of any fact, circumstance or condition which may later require a nolle prosequi; and
(3) the State knows the location of all witnesses and knows of no reason why the witnesses cannot be present for trial.
The Defense, by agreeing that the case should be set for trial, represents to the court that the Defense is ready for trial and knows of no reason which would cause any postponement.
c. Matters to present for consideration and discussion
Attorneys for the State and the Defense will be prepared to present the following matters for consideration and discussion:
(1) sentencing score under the guidelines and other sentencing matters including the applicability of the habitual offender statutes, mandatory minimums, and departures,
(2) status of discovery and the need for expedited discovery,
(3) status of plea discussions,
(4) the possibility of obtaining admissions of fact and of documents that will avoid unnecessary proof,
(5) anticipated time for trial,
(6) witnesses expected to be called for trial and the availability and location of those witnesses,
(7) setting date for pre-trial conference and trial, and
(8) any other matters important to the progress and resolution of the case.
d. Requesting trial date beyond time standards, speedy trial period
If the State or Defense or both request a trial date which if set, would continue the case beyond the time standard of Rule 2.085(d), Florida Rules of Judicial Administration, the request must be made in compliance with Rule 3.190(g), Florida Rules of Criminal Procedure and Rule 2.085(c), Florida Rules of Judicial Administration.
e. Presence of defendant
The Defendant will be present at the case management conference either in person or through video conference.
f. Presence of attorneys
The attorneys for the State and Defense will be present at the case management conference, unless other arrangements have been approved by the presiding judge.
3. Pre-trial Conference
At the pre-trial conference the specific dates and times for trial are confirmed. Attorneys for the State and Defense and all Defendants shall be present.
C. Change of Plea
Change of pleas will be calendared by court order, oral or written, as soon as possible. If a change of plea cannot be scheduled before a case management conference or pre-trial conference, time permitting, the judge may entertain the change of plea at the case management conference or pre-trial conference. The intention to enter a change of plea does not relieve the State or the Defense from the obligation to be prepared for the case management conference and pre-trial conference.
D. Violation of Probation Cases
After arraignment, VOP cases shall be placed on the next VOP Case Management docket. VOP arraignments, change of pleas, dispositions and hearings will be calendared by court order, oral or written.
E. Evidentiary Motions
All evidentiary motions, including motions in limine, will be calendared by the moving party through the judicial assistant of the presiding judge. Evidentiary motions will not be entertained at the case management conference or the pre-trial conference.
F. Changes in Dockets and Court Schedules
No case may be added to or removed from any docket or calendar without the specific approval of the presiding judge. The designated proceedings on the Master Calendar shall not be altered or changed except upon order of the Chief Judge.
G. Emergency Matters
Emergency matters which cannot be timely heard by the presiding judge will be referred by the presiding judge's judicial assistant to the Court Administrator who shall at the direction of the Chief Judge coordinate the referral of the matter to a judge for consideration.
This order shall be effective immediately. This order rescinds and supersedes Administrative Order 4.010 entitled "Organization of Criminal Department," which was entered on December 27, 1988, Administrative Order 4.010(1) entitled "Procedures Governing Circuit Court Arraignments and Docket Day," which was entered on April 17, 1995, and Administrative Order 4.230 entitled "Calendaring of Felony Cases for Trial."
ORDERED on this 31st day of January, 1997.
/Signed
ROBERT P. CATES, CHIEF JUDGE