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Procedures/Preferences

EMERGENCY PROCEDURES – COVID-19 A.O. S-2020-023

No in person proceedings from now until tentatively March 1, 2021.  All live trials currently scheduled between now and March 21, 2021 will be converted to a Status Conference and the parties and counsel MUST appear on ZOOM.

 

All hearings are conducted via ZOOM until further notice. To obtain ZOOM login information, please email the Judicial Assistant.


Detention hearings and Shelter hearings are conducted via CISCO Video Conference until further notice.

 

All Delinquency PM Docket Hearings are heard during the AM Docket with the exception of Wednesday’s Dependency/Independent Living Docket hearings which are heard as scheduled (AM and PM Dockets).

  

In accordance with Chief Judge Ron Ficarrotta’s Administrative Order S-2020-023 (Court Proceedings during COVID-19 Mitigation Efforts – Phase II), and specifically, Section 11. B., each juvenile court judge will determine which non-essential matters will be heard during the period of April 20, 2020 through May 29, 2020. Adjudicatory hearings and dispositions are not permitted. Each Juvenile Court judge will provide how each judge wants to proceed beginning with next week’s docket in each assigned division.
As for Division M, the Court will maintain the current dockets for April and May as follows:

 

  1. Arraignments:
    1. Those already scheduled shall remain on the docket; the Office of the Public Defender may file a Notice of Appearance and Written Plea of Not Guilty on behalf of the client, assuming an Affidavit of Insolvency/ Indebtedness is filed with the clerk;
    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 for May 4, 2020 will remain set as the Office of the Public Defender advised some doctors might evaluate some juveniles via video;
    2.  If evaluated, the Court requires the doctor reports be filed with the Clerk, and copies be provided to the 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 currently scheduled Adjudicatory hearings will be converted to status conferences, with the Office of the Public Defender and State Attorneys’ Office to schedule Adjudicatory hearings in June and thereafter on the dates provided by the clerk;
    2. The clerk will provide Notice of the Adjudicatory hearing date.    

  4. Status Conferences:
    1. All currently scheduled status conferences will remain as scheduled in order to determine the next court date;
    2. The Office of the Public Defender and the State Attorneys’ Office 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. Dispositions:
    1. Since several dispositions are scheduled with Adjudicatory hearing dates, the dispositions will remain as calendared in order to receive new court dates after May 29, 2020 for a new Adjudicatory hearing date and for disposition;
    2. Those scheduled only for disposition will remain on the docket, and the Court will waive the child’s appearance, and the clerk will provide a new disposition date;
    3. The clerk will provide notice of the next hearing date.  

  6. OPTION Court:
    1. The docket scheduled for March 26, 2020 and moved to April 23, 2020 will remain as scheduled.  

  7. Truancy Court:
    1. All currently scheduled dates are suspended pending information from the Hillsborough County School District how the District would like to proceed.  

  8. Walker Plans:
    1. The clerk will reschedule Walker Plans currently set for May 22, 2020 to Friday, June 5, 2020, beginning at 9 a.m.

NOTE:

THIS COURT WILL HOLD ALL HEARINGS SCHEDULED BETWEEN APRIL 21, 2020 AND MAY 29, 2020 BY VIDEO CONFERENCE.

ALL PRIVATE COUNSEL AND REGIONAL COUNSEL MUST CONTACT JUDGE BAUMAN'S COURTROOM CLERK, LEE, AT ESLEY.UNRUH@HILLSCLERK.COM TO OBTAIN/COORDINATE NEW HEARING

DATE(S).

 

THE PRESENCE OF ALL JUVENILES IS WAIVED FOR ANY AND ALL HEARINGS SCHEDULED DURING THE PERIOD OF APRIL, 2020 AND MAY, 2020.

 

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 Termination of Probation Orders, and Order(s) of Dismissal based upon termination of the Court’s jurisdiction.

 

To the extent future court dates are coordinated with the clerk, there will not be the necessity of a court hearing on the current scheduled docket. 

 

 

  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 arraignment dockets.

  3. All Assistant State Attorneys and Assistant Public Defenders are required to be in the courtroom at least twenty (20) minutes prior to the beginning of disposition dockets.

  4. At all other court proceedings, all Assistant State Attorneys and Assistant Public Defenders are required to be in the courtroom at least fifteen (15) minutes prior to the scheduled beginning of court.

  5. 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.

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

  7. A courtesy copy of all motions, along with the Notice of Hearing, shall be provided to the Court no later than noon (12:00 p.m.) the day preceding the scheduled hearing.

  8. 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 time of the hearing.

  9. 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.

  10. All exhibits that 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.

  11. 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.


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1The link for the Guidelines for Professional Conduct is: https://www.floridabar.org/prof/presources/presources002/