Civil Traffic Infraction Hearing Officer Program

IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2008-054 PI-CTY

RE: CIVIL TRAFFIC INFRACTION HEARING OFFICER PROGRAM Pinellas 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 in the traffic facilities. 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 Pinellas Clerk of the Circuit Court shall assign non-criminal traffic infraction cases to calendars to be heard at the Criminal Justice Center except as provided herein.

2. Cases shall be set on calendars every Wednesday in Courtroom 15 at the Criminal Justice Center on the following schedule:

9:00 a.m. no more than 35 infractions
10:30 a.m. no more than 35 infractions
1:30 p.m. no more than 35 infractions
3:00 p.m. no more than 30 infractions and

Parking tickets (no limits).

3. Cases shall be scheduled so that citations from each law enforcement agency are calendared to minimize the time officers are in court.

4. Additional calendars or modifications to this schedule may be made by the Pinellas County Administrative Judge without modification to this administrative order.

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

6. Requests for continuances of civil traffic infraction cases shall be handled as follows:

The Pinellas Clerk of the Circuit Court shall refer all requests for continuances to the presiding county court judge.
Except as provided herein, a written motion or request for continuance shall be timely filed with the Pinellas Clerk of the Circuit Court. 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 three (3) days prior to the scheduled hearing.
In case of an emergency and the person is unable to file a written motion in accordance with paragraph (b) above, the Pinellas Clerk of the Circuit Court shall refer any verbal request to the presiding county court judge.

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

7. Any respondent may request that his or her case be heard by a county judge at a traffic facility, in which case the Pinellas Clerk of the Circuit Court shall calendar the case in accordance with instructions from the judge at the traffic facility.

8. Motions for disposition may be set on a “heard in chambers” calendar to be heard by a county judge at a traffic facility.

This Administrative Order takes effect October 1, 2008, at which time Administrative Orders PI-CTY 02-03 and PI-CTY 02-10 are hereby rescinded.

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

this ______ day of September 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 PINELLAS 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 Pinellas County, Florida, this _______ day of _____________________, ______.

____________________________________

County Court Judge