Loading…
The Felony Trial Judges' administration rules: the Clerk equally distributes every indicted criminal case into the 9th, 221st, 359th, and 435th District Courts (instanter arrests follow the week's assignment court; the Board of Judges may change these practices at any time); capital cases rotate among the district courts and may be transferred in the interest of justice; co-defendants are assigned to the same court and transferred if inadvertently split; bench/case exchange at any time; the Administrative District Judge may transfer cases between courts carrying an inequitable burden; defendants must be PERSONALLY PRESENT at all Motions, Plea, Call, and Trial Docket settings (remote appearance only on pre-date request when a serious emergency or higher-court authorization allows it); self-represented defendants must appear personally at every setting, are held to counsel's standard, receive on-the-record self-representation inquiries, and may have stand-by counsel appointed; resets generally within 30 days with notice to both sides (bail and revocation hearings noticed so witnesses can be called); trial settings at any time with a standard discovery order filed in every case under Michael Morton Act guidelines, a pre-trial call docket for additional motions (limine encouraged by call docket), custody defendants heard first then oldest cases, preferential settings on request for complex or witness-heavy cases or by the court for efficiency; discovery through the Montgomery County District Attorney's online portal (some responses in writing or electronic media); and bond set aside for non-appearance at any setting. Adopted by the Felony Trial Judges effective January 1, 2023 (signed Grant 9th, Michalk 221st, Hamilton 359th, Maginnis 435th); amendable by a vote of one half of the Felony Trial Judges.
Texas > Montgomery County > the felony district courts (indictments distribute equally to the 9th, 221st, 359th, and 435th District Courts; all Montgomery courts are general-jurisdiction and the Board of Judges may reassign as county needs change). Operates under the county-wide Rules of Administration and TRCP 3a posting.
Rule 1.1: "Except as otherwise provided in this Rule, the Clerk shall equally distribute every criminal case filed by indictment into the following District Courts: 9th District Court, 221st District Court, 359th District Court, 435th District Court. An instanter arrest will be assigned differently based on what court is being assigned cases for that week... Capital cases shall be assigned on a rotation basis among the District Courts. Capital cases may also be transferred for efficiency in the interest of justice to another court." Rule 1.3: "Co-defendants in felony cases shall be assigned to the same court and shall be transferred in the event they are inadvertently placed in different courts." Rule 2: "The courts may at any time exchange cases and benches to accommodate their dockets or to expedite the court's trials." Rule 3: "The Administrative District Court Judge may transfer cases between County Courts at Law if he/she finds that a court has an inequitable burden due to illness, complex litigation, trial schedule, or other sufficient reasons." Rule 4.1: "Defendants must be personally present in court at all Motions Docket, Plea Docket, Call Docket, and Trial Docket settings." Rule 4.2: remote appearance requires a serious emergency or Supreme Court/Court of Criminal Appeals authorization, and "the Court must receive a request from the party prior to the court date and must allow it." Rule 5.1: "Self-Represented Defendants must be personally present in court at all Court settings." Rule 5.2: self-represented defendants "will be held to the same standard as defendants that have counsel"; the court questions the defendant on the record (age, education, and related matters) per self-representation case law; "Stand-by counsel may also be appointed." Rule 6: "Most cases will not receive a reset date more than 30 days from the current court date," with notice to both sides, and bail or revocation hearings noticed "in order for them to be able to call witnesses and present evidence." Rule 7.1: "A standard discovery order is filed in every case and felony courts follow the guidelines set out in the Michael Morton Act. A 'call docket' will be scheduled prior to trial"; defendants are encouraged to file pre-trial motions by the call docket (such as motions in limine). Rule 7.2: "Defendants that are in custody will have their cases heard first then the oldest cases will be heard in order unless the case has been preferentially set for trial." Rule 7.3: preferential settings on request for complex or witness-heavy cases, or by the court "in the interest of justice on a case by case basis." Rule 7.4: "Discovery is obtained by an online portal set up with the Montgomery County District Attorney's Office although some responses may be submitted to the defendant in writing or by electronic media." Rule 8: "Defendant's bond will be set aside if he or she does not appear at all settings including call docket, trial setting, pre-trial settings, etc." Rule 9.1: adopted by the Felony Trial Judges; effective January 1, 2023 on majority signature and OCA posting. Rule 9.2: amendable "by a vote of one half of the Felony Trial Judges." Signed January 2023 — Judge Phil Grant (9th), Judge Lisa Michalk (221st), Judge Kathleen Hamilton (359th), Judge Patty Maginnis (435th).
Reviewer note: Image-only registration (four pages) read in full through the vision lane; operative provisions quoted verbatim. Signature page: Grant (9th), Michalk (221st), Hamilton (359th), Maginnis (435th), adopted January 2023 (handwritten day partially legible). Registered effective-date basis: Rule 9.1's January 1, 2023 trigger. Composed benchpath-ajr2-p2.
Establishes a Traffic Violations Bureau within the Clerk of the County Court under Fla. R. Traf. Ct. 6.100(a) (Burnstein, C.J., Nov. 1, 1988).
Approves the National Highway Safety Council Defensive Driving course as a school to which traffic courts may require attendance (Fla. R. Traf. Ct. 6.110(a)).
Designates the D.W.I. Counterattack School (Broward County Commission on Alcoholism) as an approved school for court-ordered attendance (Fla. R. Traf. Ct. 6.110(a)).