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40 verbatim requirements from administrative order 2003-39-33 - Amended Order Governing First Appearance Proceedings, Orange County.
9th Judicial Circuit. Procedural information only; not legal advice.
Verbatim from https://ninthcircuit.org/sites/default/files/AO2003-39-33.pdf, harvested 2026-07-25; whitespace normalised only. • County court judges assigned to criminal divisions shall perform First Appearances on any day that is not a weekend or holiday pursuant to a schedule published by the • The first appearance judge shall conduct First Appearances, Florida Rules of • In the exercise of discretion, the first appearance judge shall take into consideration the recommendations of Corrections, Clerk of Court, Pre-Trial Release, mental health professionals and other institutional stakeholders. • To reduce waste and comply with the Florida Supreme Court’s paperless court record initiatives, court records related to First Appearance shall be electronic to the maximum extent possible. • Upon booking of an individual who appears to need a sign language interpreter the Clerk of Court or Corrections (whoever first identifies the issue) shall immediately notify the supervising court interpreter via the number provided by Court Administration. -- 1 of 13 -- • The Orange County Mental Health Pretrial Release Program shall proceed in accordance with Administrative Order 2021-02, Order Governing Orange County Post-Booking • If a charge (i.e., notice to appear, uniform traffic citation, information, or indictment) has been filed against a defendant, all pre-trial matters shall be determined by the judge assigned to preside over the defendant’s criminal trial, unless some other order or agreement between judges provides otherwise. • Any motions related to bond after First Appearance must be heard by the assigned judge where the case is assigned. • All judges determining pre-charge motions are acting as circuit judges, and appeals shall be to the Sixth District Court of Appeal. • In those cases where the Information or Amended Information is filed between the time the bond hearing is noticed and the hearing or on the date of the hearing, the bond hearing shall proceed as previously scheduled at the discretion of the judge. • In order for a bond hearing to be properly noticed, the defendant and/or defendant’s counsel must contact the assigned judge for any specific procedures, but at a minimum provide a copy of the notice and motion for the bond hearing to the State Attorney, the Office of Statewide Prosecutor, and to the court. -- 2 of 13 -- • Orange County Pretrial Release Program shall proceed as set forth in Administrative • A person may not be released before his or her First Appearance hearing . . . if the person meets any of the following criteria1: • Florida Statutes; stalking; mob intimidation; assault or battery on a law enforcement 1 Those crimes that require a First Appearance hearing under section 903.011(6), Florida Statutes, must be held for First • Unauthorized aliens, as defined by section 811.101, may not be released before his or her first appearance hearing. • Except as provided in section 907.041, Florida Statutes, every person charged with a crime or a violation of a municipal or county ordinance shall be entitled to pretrial release on reasonable conditions. • Bond amounts prior to First Appearance are not intended to and do not bind the judge at First Appearance or at any subsequent bond hearing. • Judges presiding over bond hearings shall consider the criteria for bond set forth in the applicable statute and rule and may not rely on the attached schedules. • Any motion for bail or bond for a defendant arrested for or charged with any of the offenses listed in A. above, except burglary of a structure or dwelling during a natural disaster/act of God, acts of terrorism, or war (i.e., looting during a state of emergency), shall include the following information: the charging affidavit and any other supporting documents; addresses and phone numbers of defendant; address and phone numbers of defendant’s employers; and any aliases of defendant. • A copy of such motion shall be forwarded to the Department of Corrections at their designated office. • Corrections staff shall immediately teletype to the other agency that the inmate must be picked up by a date and time certain or he/she will be released from jail on ROR or bond, unless the agency requests an extension for good cause shown. • The same procedure shall be followed by the Sheriff’s Extradition Deputy for out-of-state fugitives where the inmate has waived extradition or has been ordered surrendered after habeas corpus proceedings have been completed and notice of appeal was not filed or the appeal was dismissed or affirmed. • The time periods shall not include Saturdays, Sundays, and holidays, and shall be as follows: • The telephone contact and teletype message from the Correctional Release Specialist or the Sheriff’s Extradition Deputy shall provide a date and time certain for pickup. • If the time deadline passes without the pickup agency requesting an extension for good cause, the Corrections staff or the Sheriff’s Extradition Deputy, as the case may be, will notify the Clerk of Court within 24 hours from the next business day and the • Clerk shall place the inmate on the next First Appearance docket. • The first appearance judge shall set bond or make such other release determination. • If the inmate is held on a Florida warrant, the ROR order shall direct that he/she report to the proper court on a date and to be scheduled by the jurisdiction issuing the warrant; if the bond is set or reduced, the order shall direct that the inmate report to the court on a date and to be scheduled by the jurisdiction issuing the warrant. • If the inmate is held on an out-of-state charge, the order for ROR or setting bond shall direct that the inmate appear before the judge conducting fugitive hearings when notified. • Corrections staff or the Sheriff’s Extradition Deputy shall immediately notify the pickup agency contact person by teletype that this action was taken and shall mail a copy of the order to the contact person. • Such authority shall extend only to those prisoners whom the State Attorney has determined shall not be prosecuted for the instant charged offense. • Nothing contained herein shall abrogate pretrial release, reduction of bond or other procedures established by Florida Law or Rule. • Persons arrested for new law violations who have been identified as a violent felony offender of special concern pursuant to the Anti-Murder Act, sections 903.0351, 948.06, and 948.064, Florida Statutes, but have not yet been arrested for a violation of probation, shall be placed on a five (5) day administrative hold. • Orange County Corrections shall immediately notify the Department of Corrections of the new arrest so that the Department of Corrections can take the appropriate action. • Florida Rule of Criminal Procedure 3.130 requires that every person arrested on a criminal charge who is still in custody 24 hours after arrest must be taken before a judge for a First Appearance hearing unless such person was previously arrested and released from custody on that same charge. • Persons arrested via a charging affidavit for violating the special condition of probation requiring that the defendant not return to the “prostitution mapping zone” must appear at the First Appearance proceedings and at such proceedings the judge may set a bond of the defendant’s release; • The Clerk shall assign appropriate divisions, case numbers, attach • The schedule for Session One, First Appearances, shall be in the following order: • No felony arraignments shall be held at First Appearance hearings; k. • The judge shall make the Public Defender available for defendants who are sentenced and/or arraigned at First Appearance; l.
County court judges assigned to criminal divisions shall perform First Appearances on any day that is not a weekend or holiday pursuant to a schedule published by the
Reviewer note: Order PDF sha256: 77cb8fb6789a5ec62d5a294e166264903040bf7e87e8b87f685dd8ec86b2d7d7. Extracted from the order's own text layer.
Judge Bell caps motions and responses at 5 pages for UMC hearings and 12 pages for special-set hearings.
Judge Alijewicz requires every motion for attorney's fees and/or costs to attach a document detailing time records — no records, no fee award.
Judge Corlew bars informal contact: every communication with the Court must be in writing, filed with the Clerk, with copies furnished to all parties — and no calls to the JA to schedule or cancel UMC.