IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA
ADMINISTRATIVE ORDER NO. 2007-051 PI-CIR
RE: PINELLAS CRIMINAL SECTIONS J AND Q
Section J was established in Administrative Order 82-31 and specified the responsibilities for the Criminal Administrative Judge. That order was rescinded by Administrative Order PI-CIR-97-39. Administrative Order 2007-003 PI-CIR was adopted to clarify the responsibilities of the Criminal Administrative Judge and to provide for certain violation of probation cases to be heard by the Criminal Administrative Judge. In order to clarify the responsibilities of the Criminal Administrative Judge and in order to establish section Q as a separate violation of probation section, it is:
1. Section J shall continue to be the section for matters assigned to the Criminal Administrative Judge.
2. The Chief Judge may designate a Circuit Judge as the Criminal Administrative Judge or the Chief Judge may assume the responsibilities of the Criminal Administrative Judge which include the following responsibilities:
a. Assign and regulate the use of courtrooms and all areas within the Criminal Justice Center under the control of the Circuit Court,
b. Review the dockets of each felony section,
c. Reassign criminal cases as needed to provide for the efficient administration of justice,
d. Provide for the prompt disposition of post conviction proceedings,
e. Oversee all grand jury proceedings,
f. Be available to review the status of inmates in the county jail, including conducting a bond calendar at least two times per week,
g. Be available to serve as the judge for an Emergency Response Team in accordance with Administrative Order 2005-42 PA/PI-CIR or any subsequent order,
h. Conduct a regular motion calendar for the disposition of bond estreatures, motions to return property, and contested administrative matters from the Circuit Criminal Division,
i. Handle habeas corpus proceedings arising from criminal charges,
j. Review all matters that require an expenditure of public funds, including but not limited to:
1. Attorney’s fees and due process expenses for court appointed attorneys,
2. Expenses for persons indigent for costs or pro se,
3. Motions by the Public Defender or Regional Counsel to withdraw,
Expenditures for competency or other experts, except those independent experts
selected and paid for by the Public Defender and State Attorney, and
5. Preparation of a transcript for court appointed attorneys, persons found indigent for costs, or pro se litigants,
k. Review the denial of indigent status by the Clerk of the Circuit Court in accordance with Administrative Order 2005-040 PA/PI-CIR or any subsequent order,
l. Conduct extradition proceedings,
m. Handle all civil forfeiture proceedings in accordance with Administrative Order 95-97 or any subsequent order, and
n. Aid and assist in the day to day disposition of matters pending in the various criminal sections.
These functions may be performed by the Criminal Administrative Judge or another judge on behalf of the Criminal Administrative Judge.
3. Effective July 1, 2007, section Q is established to hear certain violation of probation matters. The Criminal Administrative Judge shall, in consultation with the Judge assigned to section Q, establish a schedule for hearings in section Q for violation of probation matters from sections A, B, C, D, I, K, and T for any first, second, or third degree felony violation of probation which arises because of a technical violation or results from new misdemeanor charges, excluding:
a. Cases from section M or section N,
b. Cases that arise from a violation of chapter 794, sections 800.04(4), 800.04(5), 800.04(6), 827.071 or 847.0145, Florida Statutes, or
c. Cases where the defendant has an additional open felony charge.
The Criminal Administrative Judge may amend the schedule from time to time as required.
4. The Clerk of the Circuit Court and the State Attorney shall, in accordance with the schedule established by the Criminal Administrative Judge, calendar the violation of probation matters specified in paragraph 3 from felony sections A, B, C, D, I, K, and T on a calendar for section Q but not transfer the cases to section Q.
5. All motions for early termination of probation, travel, and other non-evidentiary probation motions from felony sections A, B, C, D, I, K, and T will be heard in section Q.
6. The Clerk of the Circuit Court, the State Attorney, and the Pinellas Information Technology Office shall take the steps needed to ensure that cases are assigned and noticed in accordance with this Administrative Order.
7. Restitution hearings will continue to be held in the assigned section and not in section Q unless a motion to have the restitution matter heard with the violation of probation matter is made by the defendant’s counsel or the defendant, if unrepresented.
Effective July 1, 2007, Administrative Order 2007-003 PI-CIR is hereby rescinded.
DONE AND ORDERED in Chambers, at St. Petersburg, Pinellas County, Florida, this ______ day of June 2007.
David A. Demers, Chief Judge
Robert J. Morris, Jr. Chief Judge-elect
cc: All Pinellas Judges
The Honorable Bernie McCabe, State Attorney
The Honorable Bob Dillinger, Public Defender
The Honorable Jim Coats, Pinellas County Sheriff
The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County
Carol Heath, Executive Director, Pinellas County Clerk’s Office
Gay Inskeep, Trial Courts Administrator
Court Security Division
Bar Associations, Pinellas and Pasco County
Law Libraries, Pinellas and Pasco County