You are here: Judicial Directory > Robert A. Bauman > Procedures/Preferences

Procedures/Preferences

 

  1. Arraignments:
    1. Will continue on Zoom, unless there is an accompanying Adjudicatory Hearing or Disposition scheduled, then it is live (in-person);
    2. The Office of the Public Defender or private counsel and the State Attorneys’ Office will agree to an Adjudicatory Hearing date, or the clerk will assign the date;
    3. The Clerk will send Notice of Trial to the parties.  

  2. Competency:
    1. Matters set after May 4, 2021 are live (in-person) to meet with doctors for evaluation as set by the Office of the Public Defender;
    2. If evaluated, the Court requires the doctor reports be filed with the Clerk, and copies be provided to the Office of the Public Defender (or private counsel) and State Attorneys’ Office and the Court;
    3. If the juvenile was not evaluated, the clerk will provide a new date for hearing;
    4. The clerk will provide notice.

  3. Adjudicatory hearings:
    1. All scheduled Adjudicatory Hearings are live (in-person) in Courtroom 42 (unless an alternate courtroom is necessary);
    2. The clerk will provide Notice of the Adjudicatory Hearing date.

  4. Status Conferences:
    1. All currently scheduled status conferences (juvenile delinquency only) will remain on Zoom as scheduled in order to determine the next court date;
    2. The Office of the Public Defender and the State Attorneys' may agree to future court date(s) from dates provided by the clerk;
    3. The clerk will provide Notice of the agreed upon, or ordered, future court date.
  5. Pleas/Dispositions:
    1. Are live (in-person) in Courtroom 42;
    2. The clerk will provide Notice of the next hearing date.

  6. OPTION Court:
    1. Will remain on Zoom video conference until further notice.

  7. Truancy Court:
    1. Are live (in-person) hearings in Courtroom 42.

  8. Walker Plans:
    1. Are live (in-person) in Courtroom 42, or as scheduled by the Court.

  9. NOTE:

    ALL PRIVATE COUNSEL AND REGIONAL COUNSEL MUST CONTACT JUDGE BAUMAN'S COURTROOM CLERK, DAYANARA REHART, AT DAYANARA.REHART@HILLSCLERK>COM TO OBTAIN/COORDINATE NEW HEARING DATE(S).

     

    To the extent defense counsel and the State Attorneys’ Office can resolve an issue or matter, a Motion and Stipulated Order is necessary (except for DJJ-submitted Termination of Probation Orders, and Order(s) of Dismissal) based upon termination of the Court’s jurisdiction.


  10. Dispositive Motions (i.e. Motion to Suppress)
    1. All dispositive motion hearings are Live - in-Court hearings;
    2. Prior to requesting hearing time, Defense counsel must confer with the Youth in a private, confidential setting that allows for a meaningful question and answer session to confirm that the Youth will waive his or her physical appearance in Court and agree to appear by audio-visual conferencing;
    3. Defense counsel must file a Written Waiver of Physical Presence Form with the Court prior to the hearing (Said form is available on the 13th Judicial web site https://www.fljud13.org under FORMS: CRIMINAL JUSTICE: PLEA FORMS and can be tailored for purposes of the hearing type);
    4. If the Youth is not in custody, it is incumbent on Defense counsel to notify the Youth when and how to appear at the Zoom hearing;
    5. If the Youth is in custody, it is incumbent upon Defense counsel to insure the Youth’s presence via Zoom;
    6. The Court’s Zoom hearing shall insure a means to confer with the Youth in a private, confidential (break-out room on Zoom) setting that allows for a meaningful question and answer session during the course of the virtual hearing; and
    7. All motions must include a certification that the parties have communicated and are unable to resolve the matter.
  11. NOTE: Discovery, evidence, and other rules of procedure still apply, unless suspended or amended by the Florida Supreme Court, as does the right to due process in all court proceedings; however, the courts and parties are encouraged to use flexibility during the public health emergency for the equitable resolution of cases.


  12. Non-Evidentiary Matters (Motions to Dismiss, Motions In Limine, etc.) All motions must include:
    1. A written waiver of the defendant’s presence unless not required;
    2. A certification that the parties have communicated and are unable to resolve the matter; and
    3. That at least one of the parties is requesting a hearing.

  COURTROOM PROCEDURES – JUVENILE CROSSOVER DIVISIONS M & I  

  1. Attorneys, at all times, shall conduct themselves consistent with the Guidelines for Professional Conduct 1 and abide by the requirements of Administrative Order 2015-021.

  2. All Assistant State Attorneys and Assistant Public Defenders are required to be in the courtroom at least fifteen (15) minutes prior to the beginning of all dockets.

  3. It is the responsibility of the Assistant Public Defenders and/or Assistant State Attorneys to have their clients and/or witnesses present and prepared to start at the time of the scheduled docket/hearing.

  4. All “add-ons” and/or motion hearings shall be timely scheduled on the Court’s docket only after consulting with the Court’s Clerk, the Court's judicial assistant, and receiving a specific date and time for the hearing.

  5. All motions, along with the Notice of Hearing, shall be filed (and a courtesy copy provided to the Court) no later than noon (12:00 p.m.) the day preceding the scheduled hearing.

  6. All legal arguments relating to Motions to Dismiss, Motions to Suppress, and Motions in Limine shall be supported by specific statutory authority or case law that shall be presented to the Court no later than noon (12:00 p.m.) prior to the scheduled day of the hearing.

  7. All objections made during trial or any evidentiary proceeding conducted before this Court shall be supported by specific statutory authority or case law that shall be provided, if requested by the Court, at the time of the objection.

  8. All exhibits an attorney intends to introduce as evidence during any trial or proceeding shall be pre-marked by the Clerk prior to the time the trial or proceeding is scheduled to begin.

  9. No hearing or trial shall be delayed or continued beyond the scheduled starting time because an attorney needs to confer with a witness or review evidence with the witness.