Civil Traffic Infraction Hearing Officer Program Pinellas County

IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA

 

ADMINISTRATIVE ORDER NO. 2009-008 PI-CTY

 

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RE:     CIVIL TRAFFIC INFRACTION HEARING OFFICER PROGRAM Pinellas County

 

In order to reinstate the civil traffic infraction hearing officer program, establish evening calendars, and address calendaring issues for civil traffic infraction cases in Pinellas County, 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.  Cases currently calendared in accordance with previous administrative orders shall remain as scheduled; however, no new cases shall be set except as provided in this administrative order.

 

2.      Cases shall be set on calendars on the following schedule which will begin the week of March 2, 2009:

 

Court Day

Court Time

Courtroom Assignment

Maximum Number of Infractions / Parking Tickets

Monday

1:00 p.m. & 2:30 p.m.

Courtroom 15

40 infractions per calendar

 

4:00 p.m. & 5:30 p.m.

Courtroom 15

40 infractions per calendar

 

4:00 p.m. & 5:30 p.m.

Courtroom 19

40 infractions per calendar

 

 

 

 

Wednesday

4:00 p.m. & 5:30 p.m.

 

Courtroom 15

40 infractions (4:00 p.m.)

100 Parking Tickets and Motions (5:30 p.m.)

 

4:00 p.m. & 5:30 p.m.

Courtroom 19

40 infractions per calendar

 

 

 

 

Thursday

4:00 p.m. & 5:30 p.m.

Courtroom 15

40 infractions per calendar

 

4:00 p.m. & 5:30 p.m.

Courtroom 19

40 infractions per calendar

 

 

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 thirty (30) days of the defendant’s election for a hearing.  

 

6.   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 Pinellas County Administrative 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.

 

            7. If a defendant requests that his or her case be heard by a county judge in accordance with the Florida Rules of Traffic Court 6.630(n), the Pinellas Clerk of the Circuit Court shall calendar the case at a traffic facility 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 March 2, 2009, at which time Administrative Orders No. 2008-054 PI-CTY and 2009-003 PI-CTY are hereby rescinded.

 

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

 

this ______ day of February 2009. 

 

 

                                                                                                           

_____________________________

  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

Suzanne M. Mucklow, 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