IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
ADMINISTRATIVE ORDER NO. 2009-010 PA-CTY
RE: CIVIL TRAFFIC INFRACTION HEARING OFFICER PROGRAM PASCO 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 Pasco County, it is
1. The Pasco Clerk of the Circuit Court shall assign non-criminal traffic infraction cases without injury and parking tickets in which the defendant has filed a written plea of not guilty, as provided herein for hearing by civil traffic infraction hearing officers. Cases currently calendared for hearing by a judge 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. The Clerk shall assign a maximum of forty (40) infractions and parking ticket cases to each calendar (eighty (80) total per evening per courtroom). Cases shall be set on calendars on the following schedule, which will begin the week of March 2, 2009:
All infractions without injuries assigned to Section 13, and all parking tickets assigned to Section 11 in which the defendant has filed a written plea of not guilty:
Tuesday evenings: 5:30 p.m. & 7:00 p.m. Courtroom D
The Clerk may also assign fifty (50) infraction hearings (with or without injury) to each of three calendars per month maintained by the county judge in Section 13 in accordance with instructions from the assigned judge.
All infractions without injuries assigned to Sections 22, 23, 24, 25, and 27, and all parking tickets assigned to Section 19 in which the defendant has filed a written plea of not guilty, split equally between the following two Courtroom assignments:
Wednesday evenings: 5:30 p.m. & 7:00 p.m. Courtroom 1-A
Wednesday evenings: 5:30 p.m. & 7:00 p.m. Courtroom 1-B
3. Cases shall be scheduled so that citations from each law enforcement agency are calendared to minimize the times officers are in court.
4. The Pasco County Administrative Judge may modify the above calendars or schedules without modification to this administrative order.
5. The Pasco Clerk of the Circuit Court shall notify the Pasco County Administrative Judge when calendars cannot be scheduled within thirty (30) days of the defendant’s election for a hearing without exceeding the number of assignments specified in paragraph 2, above.
6. Requests for continuances and other motions in civil traffic infraction cases shall be handled as follows:
a. The Pasco Clerk of the Circuit Court shall refer all requests for continuances and other written motions in civil traffic infraction cases to the assigned section judge.
b. Except as provided herein, a written request for continuance shall be timely filed with the Clerk. The motion or request must state with particularity the reasons for the requested continuance. The motion shall be considered timely if it is filed five (5) days prior to the scheduled hearing. If a stated emergency precludes a person from filing a written motion in accordance with this subparagraph, the Clerk shall refer the verbal request to the same county judge that would consider the written motion.
c. The attached form Motion for Continuance (Attachment A) may be used to seek a continuance of a civil traffic infraction hearing.
7. If a defendant requests that a county judge hear his or her case in accordance with Florida Rule of Traffic Court 6.630(n), the Pasco Clerk of Circuit Court shall calendar the case for hearing by the county judge assigned to the respective section, in accordance with directions from the judge.
This Administrative Order takes effect March 2, 2009, at which time Administrative Order No. 2008-050 PA-CTY is hereby rescinded.
ORDERED in Chambers at
this ______ day of February 2009.
Robert J. Morris, Jr., Chief Judge
cc: All Judges
The Honorable Bob White, Sheriff, Pasco County
The Honorable Paula S. O’Neil, Clerk of the Circuit Court, Pasco County
Suzanne M. Mucklow, Executive Director, Pinellas County Clerk’s Office
Debbie Gay, Assistant Court Services Director, Pasco County Clerk’s Office
Gay Inskeep, Trial Courts Administrator
Kerry Rice, Deputy Courts Administrator, Pasco County
Court Security Division, Pasco County Sheriff
Local Law Enforcement Agencies