RE: DATING, DOMESTIC, REPEAT, AND SEXUAL VIOLENCE CIVIL

INJUNCTION RETURN HEARINGS JANUARY 1, 2009

It is necessary to the dispatch of the business of the Circuit and County Court, Sixth Judicial Circuit, for County Judges in Pinellas County to be assigned to domestic violence return hearings in Pinellas County. This temporary assignment of County Court Judges to Circuit Court is being made because the County Judges have volunteered to assist the Circuit Family Law Division. This temporary assignment of County Court Judges to Circuit Court is made pursuant to Rule of Judicial Administration 2.215. This assignment is made for the calendar year 2009; however, it may be revoked if County Judges are needed for County Court matters or if other plans are developed to handle these proceedings.

In order to comply with the statutory requirements in Sections 741.30 and 784.046, Florida Statutes, that a return hearing be conducted within 15 days of the issuance of an ex parte injunction, and

In order to establish the schedule for return hearings for dating, domestic, repeat, and sexual violence injunctions for the year 2009,

IT IS ORDERED:

Administrative Order 2007-097 PI-CIR is amended as follows: Paragraphs 8 through 11 are replaced with the following:

8. The County Court Judges who are assigned to dating, domestic, repeat, and sexual violence return hearings are under and by virtue of the authority hereof, 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 Circuit Court to which they are hereby assigned. Judge Patrick K. Caddell is assigned to be the primary judge for domestic violence return hearings in Clearwater and
Judge Lorraine Kelly is assigned to be the primary judge for domestic violence return hearings in St. Petersburg. This includes domestic violence as well as dating, repeat, and sexual violence return hearings.

9. The duty judge assigned by the facility coordinator must be available to handle overflow cases and otherwise provide assistance to the county judge. The duty judge must maintain sufficient time on his or her calendar on the assigned day so that the duty judge has time to handle return hearings and handle other duty matters. If the duty judge assignment conflicts with any other commitment, it is the obligation of the judge to make arrangements with a fellow judge to exchange this assignment. Judges assigned to the civil division should not be assigned duty or accept an exchange of duty assignment during jury trial weeks. It is the responsibility of the assigned judge to provide timely notification of the exchange to all persons affected by the exchange.

10. Unless otherwise provided herein, hearings shall be conducted every Wednesday in Courtroom F, 545 1^st Avenue N., St. Petersburg, Florida and every Thursday in Courtroom A,
315 Court Street, Clearwater, Florida. The Clerk is directed to docket the cases as follows. Cases shall be calendared for 9:00 a.m., 10:00 a.m., 11:00 a.m., 1:30 p.m., and 2:30 p.m. Each calendar shall be assigned 10 cases beginning with the 9:00 a.m. calendar and then 10 cases shall be assigned to each subsequent calendar. The 2:30 p.m. calendar shall include cases with in-custody parties. If more cases need to be docketed in order to meet the statutory time frames, cases shall be added to the 2:30 p.m. calendar. This does not restrict the authority of the assigned judge to reset cases on a calendar when service of process has not been obtained. If the calendars are too large for the assigned judge or the duty judge to provide an adequate hearing, the assigned judge may move the hearing to later in the day in his or her sole discretion.

In St. Petersburg, hearings shall be set for Tuesday, November 10, instead of Wednesday, November 11, due to the Veterans Day holiday. In Clearwater, hearings shall be set for Tuesday, November 24, instead of Thursday, November 26, due to the Thanksgiving holiday.

All other terms and conditions of Administrative Order 2007-097 PI-CIR remain in full force and effect.

DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this
_____ day of December 2008.

________________________________

Robert J. Morris, Jr., Chief Judge

cc: All Pinellas Judges
The Honorable Bernie McCabe, State Attorney
The Honorable Bob Dillinger, Public Defender
The Honorable Ken Burke, Clerk of the Circuit Court, Pinellas County
The Honorable Jim Coats, Sheriff, Pinellas County

Jackson, Flyte, Regional Counsel

Carol Heath, Executive Director, Pinellas County Clerk’s Office
Gay L. Inskeep, Trial Courts Administrator

Bar Association, Pinellas County
Law Libraries, Pinellas and Pasco County
Center Against Spouse Abuse, (CASA)

The Haven Domestic Violence Center