IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

 

ADMINISTRATIVE ORDER NO. 2007-089 PA-CIR 

 

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RE:     PASCO COUNTY DUTY SCHEDULE

JANUARY 1, 2008 THROUGH DECEMBER 31, 2008

 

It is necessary to the dispatch of the business of the Circuit and County Court, Sixth Judicial Circuit, Pasco County, that judges be assigned as the duty judge.  In order to perform the functions assigned to the duty judge, it is necessary that circuit judges be temporarily assigned to the county court and that county judges be temporarily assigned to the circuit court.

 

IT IS THEREFORE ORDERED:

 

1.         Circuit Court Judges of the Sixth Judicial Circuit listed below are assigned and designated to proceed to the Pasco County Court, Sixth Judicial Circuit.  Judges of the County Court of the Sixth Judicial Circuit, Pasco County, listed below, are assigned and designated to proceed to the Circuit Court, Sixth Judicial Circuit.  The judges, under and by virtue of the authority hereof, are vested with all and singular the powers and prerogatives conferred by the Constitution and laws of the State of Florida upon the judges of the courts to which they are hereby assigned to hear and thereafter to dispose of such matters considered by them during that period of time.

 

2.         The judges listed herein are assigned and designated to hear and conduct first appearance hearings (advisories).   The judges listed herein are also assigned and designated to hear, conduct, try and determine any civil, criminal, family, or probate matter of an emergency nature where the assigned judge is unavailable.  For purposes of this order, unavailability may include, but is not limited to situations where the assigned judge is absent from the courthouse, or where the assigned judge is present at the courthouse but is presiding over a trial/hearing, which cannot readily be adjourned to accommodate the emergency hearing.  The assigned judge shall also be considered unavailable unless the judge designates otherwise, between the hours of 5:00 p.m. and 8:00 a.m. Said duties shall include, but not necessarily be limited to the following:

 

A.  CRIMINAL

 

1.      Advisory hearings.

2.      Search warrants.

3.      Arrest warrants of an emergency nature.

4.      Pre-trial release decisions not otherwise heard by the Section Judge.

5.      All other emergency matters where the Assigned Judge is unavailable.

 

B.   CIVIL, FAMILY AND PROBATE

 

1.      All dating, domestic, repeat, and sexual violence ex parte injunctions.

2.      Baker Act or Marchman Act petitions for involuntary commitment.

3.      Petitions for Emergency Temporary Guardianship, emergency requests for medical treatment, or removal of life support.

4.      Emergency custody or visitation matters.

5.      Emergency injunctions pursuant to Rule of Civil Procedure 1.610.

6.      Review of Clerk’s decision not to issue a Certificate of Indigence.

7.      Orders of Arrest and Commitment, Orders to Show Cause and Orders of Arrest, Writs of Bodily Attachment for Failure to Pay Child Support, Writs of Bodily Attachment for Failure to Appear, and Orders Holding Respondent in Custody or Releasing from Custody.

8.      Any other civil, family, or probate matter of an emergency nature where the assigned judge is not available.

 

The responsibilities of the duty judge are expanded to include all matters specifically mentioned in this Order and any other emergency which should arise during a judge’s emergency duty.  The assigned judge shall hear such matters that may be brought before the judge and thereafter dispose of such matters considered by them during that period of time.  Emergency is not a term subject to easy definition.  As such, judges called upon to hear matters claimed to be emergency in nature must determine if the law or totality of the circumstances require immediate action.  In the event the emergency judge decides the matter is not an emergency, he or she will require the matter to be set before the assigned section judge on the regular calendar.

           

C.  HOLIDAYS AND WEEKENDS

 

On holidays and weekends, the emergency duty judge’s responsibilities also include shelter

hearings pursuant to section 39.402 and 39.506, Florida Statutes and delinquency detention hearings pursuant to section 985.215, Florida Statutes. 

 

            3.         The duty judge shall serve from 8:00 a.m. Monday until 8:00 a.m. the following Monday except when the following Monday is a court holiday, the duty continues until 8:00 a.m. Tuesday.    

 

4.         The duty judge is expected to remain at the courthouse until 5:00 p.m. each weekday to handle emergencies and other duty assignments occurring at the courthouse.

 

5.         The duty judge shall also be on call 24 hours per day to hear all emergency matters occurring after 5:00 p.m.

 

6.         A cellular phone will be made available to the duty judge.  Since the court is mandated to be available for certain proceedings on a 24-hour basis, the duty judge is required to carry the cellular phone during his or her assigned duty service and the cellular phone number will be provided to the appropriate agencies for emergency contact purposes.

 

If the following assignments conflict with any other commitments, IT IS THE OBLIGATION OF THE JUDGE ASSIGNED TO MAKE ARRANGEMENTS WITH ANOTHER JUDGE TO EXCHANGE THE DUTY.  IT IS THE RESPONSIBILITY OF THE ASSIGNED JUDGE TO PROVIDE TIMELY NOTIFICATION OF THE EXCHANGE TO ALL PERSONS AFFECTED BY THE EXCHANGE.

 

            All judges assigned to the Circuit and County Courts shall serve as duty judge in accordance with the following schedule:

 

 

Date

Judge

Location

Notes

 

 

 

 

JANUARY

 

 

 

1

Crane

NPR

New Year’s Day*

2 – 6

Crane

NPR

 

7 – 13

Diskey

NPR

 

14 – 20

Sestak

NPR

 

21

Sestak

DC

Martin Luther King, Jr. Day*

22 – 27

Firmani

DC

 

28 – 31

Bray

NPR

 

 

 

 

 

FEBRUARY

 

 

 

1 – 3

Bray

NPR

 

4 – 10

Cobb

DC

 

11 – 17

Day

NPR

 

 

18

Senior Judge to conduct advisories and handle emergencies until 5:00 p.m.

 

NPR

Presidents’ Day*

In-Service Training

18 – 24

Wansboro

NPR

 

25 – 29

Siracusa

DC

 

 

 

 

 

MARCH

 

 

 

1, 2

Siracusa

NPR

 

3 – 9

Cole

DC

 

10 – 16

Mills

NPR

 

17 – 20

Babb

NPR or DC

TBA - location for weekday duty

21

Babb

DC

Good Friday*   

22, 23

Babb

DC

 

24 – 30

Schafer

NPR

 

31

VanDercar

NPR

 

 

 

 

 

APRIL

 

 

 

1 – 6

VanDercar

*NPR

**DC

*Weekdays;

**Weekend

7 – 13

Covert

NPR

 

14 – 20

Tepper

DC

 

21 – 27

Roberts

NPR

 

28 – 30

Webb

NPR

 

 

 

 

 

MAY

 

 

 

1 – 4

Webb

NPR

 

5 – 11

Salton

NPR

 

12 – 18

Crane

NPR

 

19 – 25

Firmani

NPR

 

26

Firmani

NPR

Memorial Day*

27 – 31

Diskey

NPR

 

 

 

 

 

JUNE

 

 

 

1

Diskey

NPR

 

2 – 8

Sestak

DC

 

9 – 15

Bray

NPR

 

16 – 22

Cobb

DC

 

23 – 29

Day

NPR

 

30

Wansboro

NPR

 

 

 

 

 

JULY

 

 

 

1 – 3

Wansboro

NPR

 

4

Wansboro

NPR

Independence Day*

5, 6

Wansboro

NPR

 

7 – 13

Siracusa

*DC

**NPR

* Weekdays;

** Weekend

 

14 – 20

 

Babb

NPR or DC

**DC

TBA of location for weekday duty

**Weekend

21 – 27

Mills

NPR

 

28 – 31

Cole

DC

 

 

 

 

 

AUGUST

 

 

 

1 – 3

Cole

DC

 

4 – 10

VanDercar

*NPR

**DC

*Weekdays;

**Weekend

11 – 17

Schafer

NPR

 

18 – 24

Covert

NPR

 

25 – 31

Roberts

DC

 

 

 

 

 

SEPTEMBER

 

 

 

1

Roberts

NPR

Labor Day*

2 – 7

Tepper

NPR

 

8 – 14

Webb

NPR

 

15 – 21

Salton

NPR

 

22 – 28

Crane

NPR

 

29

Diskey

NPR

 

30

Diskey

NPR

Rosh Hashanah*

 

 

 

 

OCTOBER

 

 

 

1 – 5

Diskey

NPR

 

6 – 8

Bray

NPR

 

9

Bray

NPR

Yom Kippur*

10 – 12

Bray

NPR

 

13 – 19

Firmani

NPR

 

20 – 26

Sestak

DC

 

27 – 31

Cobb

DC

 

 

 

 

 

NOVEMBER

 

 

 

1,  2

Cobb

DC

 

3 – 9

Day

NPR

 

10

Cole

DC

 

11

Cole

DC

Veterans Day*

12 – 16

Cole

DC

 

17 – 23

Wansboro

NPR

 

24 – 26

Siracusa

DC

 

27, 28

Siracusa

NPR

Thanksgiving Holidays*

29, 30

Siracusa

NPR

 

 

 

 

 

DECEMBER

 

 

 

1 – 7

Salton

NPR

 

8 – 14

Mills

NPR

 

15 – 21

Schafer

NPR

 

22 – 24

VanDercar

NPR

 

 

25, 26

 

VanDercar

 

DC

Christmas Day*

Boxing Day* (Discretionary holiday)

27, 28

VanDercar

DC

 

29 – 31

Covert

NPR

 

 

 

 

 

JANUARY

 

 

 

1

Covert

NPR

New Year’s 2009*

 

*Court Closure and Court Holidays

 

Effective January 1, 2008, Administrative Order 2006-091 PA-CIR is hereby rescinded.

 

DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida on

this ____day of October 2007.

 

                                                                                                ____________________________

Robert J. Morris, Jr., Chief Judge

 

 

 

 

 

 

 

 

 

 

 

 

cc:        All Pasco Judges

            The Honorable Bernie McCabe, State Attorney

            The Honorable Bob Dillinger, Public Defender

            The Honorable Bob White, Sheriff, Pasco County

            The Honorable Jed Pittman, Clerk of the Circuit Court, Pasco County

            Debbie Gay, Assistant Court Services Division, Pasco County Clerk’s Office

            Carol Heath, Executive Director, Pinellas County Clerk’s Office

            Gay Inskeep, Trial Courts Administrator

            Kerry L. Rice, Senior Deputy Courts Administrator, Pasco County

            Probation and Parole, Pasco County

            Court Reporters, Pasco County

            Department of Children and Families, East and West Pasco

            Department of Juvenile Justice, East and West Pasco

            Spouse Abuse Shelters, East and West Pasco

            Bar Associations, Pasco and Pinellas County

            Law Libraries, Pasco and Pinellas County

            Court Security Division