IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

ADMINISTRATIVE ORDER NO. 2009-003 PI-CTY

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RE: CIVIL TRAFFIC INFRACTION CASES

pINELLAS COUNTY

In order to address calendaring issues for civil traffic infraction cases, it is

ORDERED:

Administrative Order 2008-054, PI-CTY is amended as follows:

1. Paragraph 2(d), is amended to read:

d. 3:00 p.m. no more than 30 infractions and no more than 100 parking tickets

2. Paragraph 6 is amended to read:

Requests for continuances of civil traffic infraction cases scheduled at the Criminal Justice Center shall be handled as follows:

a. The Clerk of the Circuit Court shall grant the first continuance requested by a defendant or issuing officer, up until 5:00 p.m. the business day prior to the assigned court date, without prior approval by presiding Judge.

b. Except as provided herein if a second or subsequent continuance is requested, a written motion or request for continuance shall be timely filed with the 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. The Clerk shall direct the motion to the judge at North County Traffic Court or South County Traffic Court, based upon the issuing jurisdiction.

c. In case of an emergency and the person is unable to file a written motion in accordance with paragraph (b) above, the 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 second or subsequent continuance of a civil traffic infraction hearing.

e. This procedure only applies to civil traffic infraction hearings scheduled for the Criminal Justice Center and does not apply to hearings scheduled at North County Traffic Court or South County Traffic Court.

All other terms and conditions of Administrative Order 2008-054 PI-CTY remain in full force and effect.

DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida on this ______ day of January 2009.

____________________________________

Robert J. Morris, Jr., Chief Judge

cc: All Pinellas 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

Jackson Flyte, Regional Counsel

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 FOR SECOND REQUEST TO CONTINUE CIVIL TRAFFIC INFRACTION HEARINGS AT CRIMINAL JUSTICE CENTER

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