IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT

IN AND FOR PASCO COUNTY, FLORIDA

ADMINISTRATIVE ORDER NO. 2009-063 PA-CIR

RE: PASCO COUNTY ADVISORY/EMERGENCY DUTY SCHEDULE

JANUARY 1, 2010 THROUGH DECEMBER 31, 2010

It is necessary to the dispatch of the business of the Circuit and County Court, Sixth Judicial Circuit, Pasco County, that judges be assigned as the duty judge. In order to perform the functions assigned to the duty judge, it is necessary that circuit judges be temporarily assigned to the county court and that county judges be temporarily assigned to the circuit court.

IT IS THEREFORE ORDERED:

1. Circuit Court Judges of the Sixth Judicial Circuit listed below are assigned and designated to proceed to the Pasco County Court, Sixth Judicial Circuit. Judges of the County Court of the Sixth Judicial Circuit, Pasco County, listed below, are assigned and designated to proceed to the Circuit Court, Sixth Judicial Circuit. The judges, under and by virtue of the authority hereof, are 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 courts to which they are hereby assigned to hear and thereafter to dispose of such matters considered by them during that period of time.

2. The judges listed herein are assigned to (a) weekday advisory duty, (b) weekday emergency duty, and (c) holiday/weekend advisory and emergency duty.

The judges assigned to weekday advisory duty are assigned to conduct advisory hearings pursuant to Rule of Criminal Procedure 3.130.

The judges assigned to weekday emergency duty are assigned and designated to hear, conduct, try, and determine any circuit and county court civil, criminal, family, or probate matter of an emergency nature where the assigned judge is unavailable. For purposes of this order, unavailability includes, but is not limited to, situations where the assigned judge is absent from the courthouse, or where the assigned judge is present at the courthouse but is presiding over a trial or hearing which cannot readily be adjourned to accommodate the emergency hearing. The assigned judge shall also be considered unavailable, unless he or she designates otherwise, between the hours of 5:01 p.m. and 8:00 a.m. Said duties shall include, but not be limited to the following:

Criminal

1. Search warrants

2. Arrest warrants of an emergency nature

3. Pre-trial release decisions not otherwise heard by the Section Judge.

4. All other emergency matters where the assigned judge is unavailable.

Civil, Family and Probate

1. All dating, domestic, repeat, and sexual violence ex parte injunctions.

2. Baker Act or Marchman Act petitions for involuntary commitment.

3. Petitions for Emergency Temporary Guardianship, emergency requests for medical treatment, or removal of life support.

4. Emergency custody or visitation (time sharing) matters.

5. Proceedings to waive parental notification of termination of pregnancy.

6. Emergency injunctions pursuant to Rule of Civil Procedure 1.610.

7. Review of Clerk’s decision to issue or deny a Certificate of Indigence.

8. Orders of Arrest and Commitment, Orders to Show Cause, and Orders of Arrest, Writs of Bodily Attachment for Failure to Pay Child Support, Writs of Bodily Attachment for Failure to Appear, and Orders Holding Respondent in Custody or Releasing from Custody.

9. Any other civil, family, or probate matter of an emergency nature where the assigned judge is not available.

The responsibilities of the duty judge include all matters specifically mentioned in this Order and any other emergency which should arise during a judge’s emergency duty. The assigned judge shall hear such matters that may be brought before them and thereafter dispose of such matters considered by them during that period of time. Emergency is not a term subject to easy definition. As such, judges called upon to hear matters claimed to be emergency in nature must determine if the law or totality of the circumstances require immediate action. In the event the emergency judge decides the matter is not an emergency, he or she will require the matter to be set before the assigned section judge on the regular calendar.

c. Holiday and weekend advisory and emergency duty includes all the responsibilities set forth in paragraphs (a) and (b) above and shelter hearings pursuant to §§ 39.402 and 39.506, Florida Statutes and delinquency detention hearings pursuant to § 985.255, Florida Statutes.

3. The weekday advisory judge is assigned for all weekdays except for court holidays. The emergency duty judge shall serve from 8:01 a.m. Monday until 8:00 a.m. the following Monday except when the following Monday is a court holiday, the duty continues until 8:01 a.m. Tuesday and shall also include advisory matters during any court holiday and the weekend.

4. The Emergency Duty Judge is expected to remain at the courthouse until 5:00 p.m. each weekday to handle emergencies and other duty assignments occurring at the courthouse.

5. The Emergency Duty Judge shall also be on call 24 hours per day to hear all emergency matters occurring after 5:01 p.m.

6. The emergency duty judge is required to be accessible via cellular phone at all times when assigned duty. The phone number of the duty cellular phone is to be provided to the appropriate agencies for emergency contact purposes. Court staff maintains the duty cellular phone and is responsible for call-forwarding the duty phone to the assigned duty judges’ personal cellular phone at the start of their duty assignment and canceling call-forwarding upon conclusion of the duty.

If the following assignments conflict with any other commitments, IT IS THE OBLIGATION OF THE JUDGE ASSIGNED TO MAKE ARRANGEMENTS WITH ANOTHER JUDGE TO EXCHANGE THE DUTY. IT IS THE RESPONSIBILITY OF THE ASSIGNED JUDGE TO PROVIDE TIMELY NOTIFICATION OF THE EXCHANGE TO ALL PERSONS AFFECTED BY THE EXCHANGE.

All judges assigned to the Circuit and County Courts shall serve as weekday emergency duty judge, holiday/weekend advisory, emergency duty judge, and may be assigned as weekday advisory judge in accordance with the following schedule:

A = Advisory Duty E = Emergency Duty A & E = Advisory & Emergency Duty

Date	Judge	Assignment	Location	Notes
JANUARY
1	Siracusa	A & E	NPR	*New Year’s Day
2, 3	Siracusa	A & E	NPR
4 – 8	VanDercar Andrews	A E	NPR NPR
9, 10	Andrews	A & E	NPR
11 – 15	VanDercar Cole	A E	NPR DC
16, 17	Cole	A & E	DC
18	Cole	A & E	DC	*Dr. Martin Luther King, Jr. Day
19 – 22	VanDercar Crane	A E	NPR NPR
23, 24	Crane	A & E	NPR
25 – 29	VanDercar Sestak	A E	NPR DC
30, 31	Sestak	A & E	DC
FEBRUARY
1 – 5	VanDercar Diskey	A E	NPR NPR
6, 7	Diskey	A & E	NPR
8 - 12	VanDercar Bray	A E	NPR NPR
13, 14	Bray	A & E	NPR
15	Bray	A & E	NPR	*Presidents’ Day
16 – 19	VanDercar Gardner	A E	NPR DC
20, 21	Gardner	A & E	NPR
22 – 26	VanDercar Handsel	A E	NPR NPR
27, 28	Handsel	A & E	NPR
MARCH
1 – 5	VanDercar Tepper	A E	NPR DC
6, 7	Tepper	A & E	DC
8 – 12	VanDercar Mills	A E	NPR NPR
13, 14	Mills	A & E	NPR
15 – 19	VanDercar Firmani	A E	NPR NPR
20, 21	Firmani	A & E	NPR
22 – 26	VanDercar Webb	A E	NPR NPR
27, 28	Webb	A & E	NPR
29 – 31	VanDercar Roberts	A E	NPR NPR
APRIL
1	VanDercar Roberts	A E	NPR NPR
2	Roberts	A & E	NPR	*Good Friday
3, 4	Roberts	A & E	NPR
5 – 9	VanDercar Schafer	A E	NPR NPR
10, 11	Schafer	A & E	NPR
12 – 16	VanDercar Salton	A E	NPR NPR
17, 18	Salton	A & E	NPR
19 – 23	VanDercar Sestak	A E	NPR DC
24, 25	Sestak	A & E	DC
26 – 30	VanDercar Wansboro	A E	NPR NPR
MAY
1, 2	Wansboro	A & E	NPR
3 – 7	VanDercar Siracusa	A E	NPR DC
8, 9	Siracusa	A & E	NPR
10 – 14	VanDercar Andrews	A E	NPR NPR
15, 16	Andrews	A & E	NPR
17 – 21	VanDercar Bray	A E	NPR NPR
22, 23	Bray	A & E	NPR
24 – 28	VanDercar Firmani	A E	NPR NPR
29, 30	Firmani	A & E	NPR
31	Firmani	A & E	NPR	*Memorial Day
JUNE
1 – 4	VanDercar Roberts	A E	NPR NPR
5, 6	Roberts	A & E	NPR
7 – 11	VanDercar Babb	A E	NPR DC
12, 13	Babb	A & E	DC
14 – 18	VanDercar Diskey	A E	NPR NPR
19, 20	Diskey	A & E	NPR
21 – 25	VanDercar Gardner	A E	NPR DC
26, 27	Gardner	A & E	NPR
28 – 30	VanDercar Andrews	A E	NPR NPR
JULY
1, 2	VanDercar Andrews	A E	NPR NPR
3, 4	Andrews	A & E	NPR
5	Andrews	A & E	NPR	*Independence Day
6 -9	VanDercar Handsel	A E	NPR NPR
10, 11	Handsel	A & E	NPR
12 – 16	VanDercar Tepper	A E	NPR DC
17, 18	Tepper	A & E	DC
19 – 23	VanDercar Salton	A E	NPR NPR
24, 25	Salton	A & E	NPR
26 – 30	VanDercar Cole	A E	NPR DC
31	Cole	A & E	DC
AUGUST
1	Cole	A & E	DC
2 – 6	VanDercar Schafer	A E	NPR NPR
7, 8	Schafer	A & E	NPR
9 – 13	VanDercar Webb	A E	NPR NPR
14, 15	Webb	A & E	NPR
16 – 20	VanDercar Roberts	A E	NPR NPR
21, 22	Roberts	A & E	NPR
23 – 27	VanDercar Crane	A E	NPR NPR
28, 29	Crane	A & E	NPR
30, 31	VanDercar Sestak	A E	NPR DC
SEPTEMBER
1 – 3	VanDercar Sestak	A E	NPR DC
4, 5	Sestak	A & E	DC
6	Sestak	A & E	DC		*Labor Day
7, 8	VanDercar Diskey	A E	NPR NPR
9	Diskey	A & E	NPR		*Rosh Hashanah
10	VanDercar Diskey	A E	NPR NPR
11, 12	Diskey	A & E	NPR
13 – 17	VanDercar Babb	A E	NPR DC
18, 19	Babb	A & E	DC
20 – 24	VanDercar Siracusa	A E	NPR DC
25, 26	Siracusa	A & E	NPR
27 – 30	VanDercar Mills	A E	NPR NPR
OCTOBER
1	VanDercar Mills	A E	NPR NPR
2, 3	Mills	A & E	NPR
4 – 8	VanDercar Wansboro	A E	NPR NPR
9, 10	Wansboro	A & E	NPR
11 – 15	VanDercar Tepper	A E	NPR DC
16, 17	Tepper	A & E	DC
18 – 22	VanDercar Firmani	A E	NPR NPR
23, 24	Firmani	A & E	NPR
25 – 29	VanDercar Webb	A & E	NPR NPR
30, 31	Webb	A & E	NPR
NOVEMBER
1 – 5	VanDercar Schafer	A E	NPR NPR
6, 7	Schafer	A & E	NPR
8 – 10	VanDercar Babb	A E	NPR DC
11	Babb	A & E	DC		*Veterans Day
12	VanDercar Babb	A E	NPR DC
13, 14	Babb	A & E	DC
15 – 19	VanDercar Wansboro	A E	NPR NPR
20, 21	Wansboro	A & E	NPR
22 – 24	VanDercar Crane	A E	NPR NPR
25, 26	Crane	A & E	NPR		*Thanksgiving
27, 28	Crane	A & E	NPR
29, 30	VanDercar Mills	A E	NPR NPR
DECEMBER
1 – 3	VanDercar Mills	A E	NPR NPR
4, 5	Mills	A & E	NPR
6 – 10	VanDercar Cole	A E	NPR DC
11, 12	Cole	A & E	DC
13 – 17	VanDercar Salton	A E	NPR NPR
18, 19	Salton	A & E	NPR
20 – 23	VanDercar Gardner	A E	NPR DC
24	Gardner	A & E	NPR		*Christmas Holiday
25, 26	Gardner	A & E	NPR
27 – 30	VanDercar Handsel	A E	NPR NPR
31	Handsel	A & E	NPR		*New Year’s Holiday

*Court Holidays

Effective January 1, 2010, Administrative Order 2008-053 PA-CIR & 2008-057 PA-CIR are hereby rescinded.

DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida on this
____day of October 2009.

_________________________________

J. Thomas McGrady, Chief Judge

cc: All Pasco Judges

The Honorable Bernie McCabe, State Attorney

The Honorable Bob Dillinger, Public Defender

The Honorable Bob White, Sheriff, Pasco County

The Honorable Paula S. O’Neil, Clerk of the Circuit Court, Pasco County

Jackson Flyte, Regional Counsel

Debbie Gay, Assistant Court Service Director, Pasco County Clerk’s Office

Suzanne M. Mucklow, Executive Director, Pinellas County Clerk’s Office

Gay L. Inskeep, Trial Courts Administrator

Kerry Rice, Deputy Courts Administrator, Pasco County

Florida Department of Children and Family Services, East and West Pasco

Florida Department of Juvenile Justice, East and West Pasco

Court Reporters, Pasco County

Probation and Parole, Pasco County

Spouse Abuse Shelters, East and West Pasco

Bar Associations, Pasco and Pinellas County

Law Libraries, Pasco and Pinellas County