Civil Traffic Infraction Hearing Officer Program

IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2008-050 PA-CTY

RE: CIVIL TRAFFIC INFRACTION HEARING OFFICER PROGRAM – PASCO County

State funding for the civil traffic infraction hearing officer program was eliminated resulting in the elimination of night court for civil traffic infractions effective October 1, 2008. This program provided greater access to the court by allowing infraction cases to be heard on an evening calendar. The civil traffic infraction cases must still be heard by the county court and in order to handle these cases, it is

ORDERED:

1. The Pasco Clerk of the Circuit Court shall assign West Pasco non-criminal traffic infraction cases that had previously been assigned to a Civil Traffic Infraction Hearing Officer calendar to one of the following sections, using an equal, at random blind, assignment system:

Section 24

West Pasco Civil Traffic Infraction Hearings

without injuries Judge Candy Morris VanDercar

Section 25

West Pasco Civil Traffic Infraction Hearings

without injuries Judge Marc H. Salton

Section 27

West Pasco Civil Traffic Infraction Hearings

without injuries Judge Debra Roberts

The cases shall be calendared in accordance with instructions from the assigned judge.

2. The Pasco Clerk of the Circuit Court shall assign East Pasco non-criminal traffic infraction cases that had previously been assigned to a Civil Traffic Infraction Hearing Officer calendar to section 13 and The Honorable Robert P. Cole. The cases shall be calendared in accordance with instructions from the assigned judge.

3. Requests for continuances in civil traffic infraction cases shall be handled as follows:

a. The Pasco Clerk of the Circuit Court shall refer all requests for continuances of traffic infraction cases to the presiding judge.

b. Except as provided herein, a written motion or request for continuance shall be timely filed with the Clerk. The motion or request must state with particularity the reasons for the request for continuance. The motion shall be considered timely if it is filed five (5) days prior to the scheduled hearing.

c. In case of an emergency and the person is unable to file a written motion in accordance with paragraph b. above, the Clerk shall refer any verbal request to the presiding judge.

d. The attached form Motion for Continuance (Attachment A) may be used to seek a continuance of a civil traffic infraction hearing.

4. The Pasco Clerk of the Circuit Court shall notify the County Administrative Judge when cases cannot be scheduled within ninety (90) days of the citation.

This Administrative Order shall take effect October 1, 2008, at which time Administrative Orders PA-CTY-01-02 is hereby rescinded.

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

this ______ day of __________________ 2008.

_____________________________

Robert J. Morris, Jr., Chief Judge

cc: All Judges

The Honorable Bernie McCabe, State Attorney

The Honorable Bob Dillinger, Public Defender

The Honorable Jim Coats, Sheriff, Pinellas County

The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County

Gay Inskeep, Trial Courts Administrator

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

Court Security Division, Pinellas County Sheriff

Local Law Enforcement Agencies

Florida Highway Patrol

Bar Associations, Pasco and Pinellas Counties

Law Libraries, Pasco and Pinellas Counties

ATTACHMENT A

IN THE COUNTY COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO COUNTY, FLORIDA

In Re: Citation Number: _________________________

Alleged Offender: _______________________________

MOTION TO CONTINUE CIVIL TRAFFIC INFRACTION HEARING

COMES NOW, _______________________________________________, and

respectfully requests that this Court continue the civil traffic infraction hearing scheduled for ________________________ in the above-referenced case to the next available court date and state that:

 I am an officer of the __________________________ (Law Enforcement Agency); or

 I am ____________________________________________________, the alleged offender in the case. I understand that I have the right to be brought to trial within 180 days from the date I was served with the above-referenced citation. I hereby waive such right.

I am unavailable to appear on the calendared date for the following reason(s):

_____________________________________________________________________

Respectfully submitted this _____ day of _____________________, _______.

____________________________________

Signature of Movant

ORDER ON MOTION TO CONTINUE CIVIL TRAFFIC INFRACTION HEARING

The Court having reviewed the above Motion to Continue, the Motion is hereby:

 GRANTED

This case is continued to the next available court date. The Clerk of the Circuit Court shall notice all parties of the rescheduled hearing date; or

 DENIED

This matter shall be heard as previously scheduled.

DONE AND ORDERED at Pasco County, Florida, this _______ day of _____________________, ______.

____________________________________

County Court Judge