IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
ADMINISTRATIVE ORDER NO. 2006-015 PA/PI-CIR
RE: CIVIL TRAFFIC INFRACTION
HEARING OFFICERS
On
Therefore, in order to continue the efficient operation of
the Civil Traffic Infraction Hearing Officer Program in
In accordance with § 318.30-318.38, Florida Statutes; and in
order to provide for the orderly appointment and compensation of civil traffic
infraction hearing officers, it is
ORDERED:
1. The
existence of the Civil Traffic Infraction Hearing Officer Programs in
2. The Civil Traffic Infraction Hearing Officer (Hearing Officer) shall be selected by the Chief Judge. As many individuals may be selected to serve as Hearing Officers as may be necessary to ensure that traffic infraction cases are disposed of timely and efficiently.
3. Hearing Officers shall:
a. Execute
an oath of office. An oath previously recorded
by a Hearing Officer remains valid. Any oath
not already recorded in the Official Records of the Clerk of the Circuit Court
for
b. Serve
part-time and at the pleasure of the Chief Judge.
c. Hear and consider all civil traffic infraction
proceedings, including parking ticket hearings.
d. Preside
over calendars scheduled in the evening at traffic court locations through out
e. Have
the power to accept pleas from defendants, hear and rule upon motions, decide
the guilt or innocence of any person, adult or juvenile charged with any civil
traffic infraction, and adjudicate or withhold adjudication in the same manner
as a county court judge under the statutes, rules and procedures presently
existing or as subsequently amended.
However, Hearing Officers shall not
i. have the power to hold any person in contempt of court, but
shall be permitted to file a verified motion for order of contempt with an
appropriate state trial court judge pursuant to Florida Rule of Criminal
Procedure 3.840;
ii. hear a case involving an accident resulting in injury or
death;
iii. hear a criminal traffic offense case or a case involving a civil traffic infraction issued in conjunction with a criminal traffic offense; or
iv. have the power to suspend a defendant’s driver’s license pursuant to § 316.655(2), Florida Statutes.
4. Any Hearing Officer regularly scheduled to preside over a calendar will be an independent contractor and must enter a contract with the Sixth Judicial Circuit before serving as a Hearing Officer. The compensation for contract-Hearing Officers will be as provided in his or her contract with the Sixth Judicial Circuit. A court employee qualified under Florida Rule of Traffic Court 6.630 may preside over a calendar as part of his or her regular duties when determined necessary by the County Administrative Judge or the Chief Judge.
5. The following
attorneys have completed the required training and have been approved to act as
Hearing Officers. They are hereby
appointed as Hearing Officers and are authorized to hear proceedings in either
|
Ramy Fares |
Hugh Charles Umsted |
|
Steven Trabayko Meiller |
Stephen R. Williams |
|
Mary Ellen Emery |
E.
Ronald Bradley |
|
Carolee
Kingan Blackmon |
Julee
Lynn Milham |
|
Herbert
Eustace Langford, Jr. |
Bruce
P. Taylor |
|
Scott
Paul Swope |
Michael
Lee Emge |
|
Curtis
Todd Korsko |
Edward
J. Aiosa |
|
Jan
Francis Majewski |
Daniel
P. Rock |
6. Hearing
Officers shall perform their duties in accordance with Florida Statutes, Rules
of Court, the Code of Judicial Conduct, applicable administrative orders,
relevant case law and the terms and conditions of the contract between Hearing
Officer and the Sixth Judicial Circuit.
7. Matters
of contempt arising from the Hearing Officers’ calendars shall be heard by the
county court judge assigned to the applicable traffic sections.
8. On the request of a defendant in a Notice of Appearance or in a written plea, a case shall be assigned to the county court judge assigned to the applicable traffic section instead of scheduling the case to be heard by a Hearing Officer.
9. Appeals from dispositions of the Hearing Officers shall be filed in the circuit court.
10. The Clerk of the Circuit Court shall schedule the final hearing for any civil traffic infraction, other than those excluded in subparagraph 3.e. above, to an evening calendar.
11. In the
event a civil traffic infraction is issued in conjunction with a criminal
traffic offense, the Clerk of the Circuit Court shall calendar said infraction
before a Hearing Officer only if the companion criminal action has been
disposed of by a judge or by other dispositional filing by the Office of the
State Attorney and the civil traffic infraction remains outstanding. In that event, should the alleged offender
file a plea of not guilty to the infraction, the Clerk of the Circuit Court
shall calendar the infraction before a Hearing Officer as soon as practicable.
12. All actions taken before this date by
previously appointed Civil Traffic Infraction Hearing Officers are hereby
confirmed.
13. Other Hearing Officers may be appointed as deemed necessary by the Chief Judge.
Administrative Order No. 2003-053 PA/PI-CIR is hereby
rescinded.
DONE AND ORDERED
in Chambers at
__________________________________
David A. Demers, Chief Judge
cc: All Pasco and Pinellas County Court Judges
The Honorable Ken Burke, Clerk of Circuit Court,
The Honorable Jed Pittman, Clerk of Circuit Court,
Carol Heath, Director, Court Services Division, Pinellas
County Clerk’s Office
Betty Henderson, Assistant Court Services Division, Pasco
County Clerk’s Office
Gay Inskeep, Trial Courts Administrator
Kerry L. Rice, Deputy Courts Administrator,
Each Designated Hearing Officer
Bar Associations,
Law Libraries,
OATH OF OFFICE
“I DO SOLEMNLY SWEAR THAT I WILL SUPPORT, PROTECT, AND DEFEND THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES AND OF THE STATE OF FLORIDA; THAT I AM DULY QUALIFIED TO HOLD OFFICE UNDER THE CONSTITUTION OF THE STATE; AND THAT I WILL WELL AND FAITHFULLY PERFORM THE DUTIES OF CIVIL TRAFFIC INFRACTION HEARING OFFICER FOR THE SIXTH JUDICIAL CIRCUIT, IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ON WHICH I AM NOW ABOUT TO ENTER.
SO HELP ME GOD.”
________________________________
Scott Paul Swope
STATE OF
The foregoing instrument was acknowledged before me this day of March, 2006, by Scott Paul Swope, Civil Traffic Infraction Hearing Officer for the Sixth Judicial Circuit, who is personally known to me or who produced ____________________________ as identification and who did take an oath.
___________________________
Judge or Notary
OATH OF OFFICE
“I DO SOLEMNLY SWEAR THAT I WILL SUPPORT, PROTECT, AND DEFEND THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES AND OF THE STATE OF FLORIDA; THAT I AM DULY QUALIFIED TO HOLD OFFICE UNDER THE CONSTITUTION OF THE STATE; AND THAT I WILL WELL AND FAITHFULLY PERFORM THE DUTIES OF CIVIL TRAFFIC INFRACTION HEARING OFFICER FOR THE SIXTH JUDICIAL CIRCUIT, IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ON WHICH I AM NOW ABOUT TO ENTER.
SO HELP ME GOD.”
________________________________
Curtis Korsko
STATE OF
The foregoing instrument was acknowledged before me this day of February, 2006, by Curtis Korsko, Civil Traffic Infraction Hearing Officer for the Sixth Judicial Circuit, who is personally known to me or who produced ____________________________ as identification and who did take an oath.
___________________________
Judge or Notary
OATH OF OFFICE
“I DO SOLEMNLY SWEAR THAT I WILL SUPPORT, PROTECT, AND DEFEND THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES AND OF THE STATE OF FLORIDA; THAT I AM DULY QUALIFIED TO HOLD OFFICE UNDER THE CONSTITUTION OF THE STATE; AND THAT I WILL WELL AND FAITHFULLY PERFORM THE DUTIES OF CIVIL TRAFFIC INFRACTION HEARING OFFICER FOR THE SIXTH JUDICIAL CIRCUIT, IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ON WHICH I AM NOW ABOUT TO ENTER.
SO HELP ME GOD.”
________________________________
Jan Majewski
STATE OF
The foregoing instrument was acknowledged before me this day of February, 2006, by Jan Majewski, Civil Traffic Infraction Hearing Officer for the Sixth Judicial Circuit, who is personally known to me or who produced ____________________________ as identification and who did take an oath.
___________________________
Judge or Notary
OATH OF OFFICE
“I DO SOLEMNLY SWEAR THAT I WILL SUPPORT, PROTECT, AND DEFEND THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES AND OF THE STATE OF FLORIDA; THAT I AM DULY QUALIFIED TO HOLD OFFICE UNDER THE CONSTITUTION OF THE STATE; AND THAT I WILL WELL AND FAITHFULLY PERFORM THE DUTIES OF CIVIL TRAFFIC INFRACTION HEARING OFFICER FOR THE SIXTH JUDICIAL CIRCUIT, IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ON WHICH I AM NOW ABOUT TO ENTER.
SO HELP ME GOD.”
________________________________
Michael Lee Emge
STATE OF
The foregoing instrument was acknowledged before me this day of February, 2006, by Michael Lee Emge, Civil Traffic Infraction Hearing Officer for the Sixth Judicial Circuit, who is personally known to me or who produced ____________________________ as identification and who did take an oath.
___________________________
Judge or Notary
OATH OF OFFICE
“I DO SOLEMNLY SWEAR THAT I WILL SUPPORT, PROTECT, AND DEFEND THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES AND OF THE STATE OF FLORIDA; THAT I AM DULY QUALIFIED TO HOLD OFFICE UNDER THE CONSTITUTION OF THE STATE; AND THAT I WILL WELL AND FAITHFULLY PERFORM THE DUTIES OF CIVIL TRAFFIC INFRACTION HEARING OFFICER FOR THE SIXTH JUDICIAL CIRCUIT, IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ON WHICH I AM NOW ABOUT TO ENTER.
SO HELP ME GOD.”
________________________________
Edward Aiosa
STATE OF
The foregoing instrument was acknowledged before me this day of February, 2006, by Edward Aiosa, Civil Traffic Infraction Hearing Officer for the Sixth Judicial Circuit, who is personally known to me or who produced ____________________________ as identification and who did take an oath.
___________________________
Judge or Notary
OATH OF OFFICE
“I DO SOLEMNLY SWEAR THAT I WILL SUPPORT, PROTECT, AND DEFEND THE CONSTITUTION AND GOVERNMENT OF THE UNITED STATES AND OF THE STATE OF FLORIDA; THAT I AM DULY QUALIFIED TO HOLD OFFICE UNDER THE CONSTITUTION OF THE STATE; AND THAT I WILL WELL AND FAITHFULLY PERFORM THE DUTIES OF CIVIL TRAFFIC INFRACTION HEARING OFFICER FOR THE SIXTH JUDICIAL CIRCUIT, IN AND FOR PASCO AND PINELLAS COUNTIES, FLORIDA ON WHICH I AM NOW ABOUT TO ENTER.
SO HELP ME GOD.”
________________________________
Daniel Rock
STATE OF
The foregoing instrument was acknowledged before me this day of February, 2006, by Daniel Rock, Civil Traffic Infraction Hearing Officer for the Sixth Judicial Circuit, who is personally known to me or who produced ____________________________ as identification and who did take an oath.
___________________________
Judge or Notary