Procedures for Resumption of Judicial Operations in the Criminal Division
May 7, 2020 Version
- All attorneys will be required to engage in an audio and/or video Case Status Conference (“CSC”) with opposing counsel in every case at least one week prior to the next scheduled court date.
- During the CSC, the following matters must be addressed:
- Whether a plea offer will be made/accepted.
- If a plea offer will not be made and accepted, whether the case is ready to proceed to a jury or nonjury trial.
- If the parties are not prepared to proceed, a postponement request must be submitted via email to the courtroom minute clerk and secretary at least four business days prior to the next scheduled court date. (Postponement forms will be made available online for this purpose.) With the submission of the postponement, counsel must propose at least three agreed upon dates for consideration by the court for the next listing. Postponement requests submitted in this fashion will be granted or denied by the court within two business days of submission. Defense attorneys will be asked to sign subpoenas for their clients. Clients will not enter the building but will be required to participate via phone to acknowledge the next court date.
- If a case will be proceeding to trial, the parties are encouraged to stipulate to any evidence or testimony, where possible, to avoid the need for witnesses to be called to testify. If stipulations may be furthered by a party making a potential witness available via conference call with all counsel, for example, to allow opposing counsel to ensure that, if called, the witness intends to appear at trial and testify, counsel are encouraged to utilize this method or other similar opportunities to further discussions regarding possible stipulations.
- Where stipulations cannot be reached regarding witness testimony, the parties should discuss whether any witnesses might be permitted by stipulation to testify via video.
- If there are outstanding motions, the parties should attempt to resolve them during the CSC.
- All defendants without counsel will be required to engage in a CSC with the assigned Assistant District Attorney or prosecuting entity consistent with the above procedure. Prior to the CSC, the assigned Assistant District Attorney will notify the Office of the Public Defender that the defendant is unrepresented so that the defendant can be provided counsel from the Office of the Public Defender or the Office of Conflict Counsel to explain the following:
- The right to counsel for future court proceedings;
- The right to have counsel appointed if the defendant is unable to afford an attorney; and
- If the defendant elects to proceed pro se, the fact that counsel will serve as a thirdparty witness to ensure the CSC is fairly conducted.
- Once the CSC has been concluded, and if a postponement is not being requested, the prosecutor will notify the courtroom minute clerk and secretary via email, with a copy to defense counsel, no later than four business days prior to the next court listing whether the case will resolve by plea or will proceed by jury or nonjury trial. Such notification shall include whether any outstanding motions remain unresolved and require a hearing. Failure by attorneys to work cooperatively to conduct a meaningful CSC and timely communicate with court staff may result in sanctions.
Procedures for Resumption of Judicial Operations in the Criminal Division
May 7, 2020 Version
- The Court will review all cases confirmed as jury trials by counsel and will notify counsel, via email, two business days in advance of trial, whether jury selection may proceed as scheduled. Determination of whether a case is ready for jury selection will be made based on prioritization criteria established by the Criminal Division and the number of juries scheduled for that day. Each day, a primary and secondary case will be designated to proceed with selection.
- If you are notified via email that your case is scheduled for jury selection on a given date, you will be required to appear for jury selection at the time provided. If you do not appear at the appointed time prepared to select a jury, your case will be postponed. Any Rule 600 issues will be resolved by the judge of record.
- If you are notified that you are designated to select the second jury on a given date, you should be prepared as if you were the primary case. Should the primary jury not proceed to selection, you will be contacted and instructed to appear at a specific time to begin selection. If you are not called to pick a jury on the given day, all efforts will be made to ensure that your case receives priority consideration for the next available selection date.
- Any postponements resulting from jury unavailability will be considered an unavoidable court delay and excluded from Rule 600, absent extenuating circumstances. Any objections regarding Rule 600 rulings must be placed on the record by the parties at the time of the postponement.
- Consistent with the need for social distancing, the Criminal Division will be limiting the number of people permitted in each courtroom. While public access will be permitted, priority access must be given to parties, counsel and courtroom staff. As a result, limited additional space will be available for the public. Additional restrictions will be in place regarding individuals congregating in hallways outside of courtrooms. Attorneys are instructed to advise clients, victims and related family members in advance not to bring groups of people with them to court proceedings.