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The Misdemeanor Trial Judges' administration rules for all misdemeanor cases in the county courts at law: bench/case exchange at any time; previous-judgment claims stay with the court holding the prior judgment; a judge presiding for another court is recorded in the filing system while the case stays in the original court, and emergency matters may go to another misdemeanor judge or associate criminal judge from the OCA-maintained list; the Administrative County Court at Law Judge may transfer cases to cure inequitable burdens; defendants must be PERSONALLY PRESENT at all Motions, Plea, Call, and Trial Docket settings — for arraignment and pre-trial settings a waiver of arraignment/reset with scheduling order filed before noon the business day prior excuses presence; self-represented defendants must appear personally unless expressly waived, receive the Right to Counsel/Dangers and Disadvantages form at arraignment, and get resets (max 30 days) to retain or seek appointed counsel; scheduling flow — pre-trial set ~75 days from original arraignment (fast-track discretion: Assault Family Violence settings every three weeks unless the State and defendant agree longer), discovery obtained from the prosecution during the reset window with plea negotiation expected, motions settable at Pre-Trial or Motions Docket on at least 3 days' notice (testimony motions to the Motions Docket; evidentiary/dispositive motions may be set there; others carried with trial), each court's approved standard/breath/blood Discovery Orders presentable any time up to 30 days before trial (signed copies served on the State immediately with a certificate of service; no Motions-Docket setting needed), CCP art. 28.01 motions per statute, first Motion-to-Revoke setting goes to final trial on the next Motions Docket absent leave; the Plea Acceptance/Plea/Trial Determination setting (~45 days after pre-trial or shorter) disposes by plea or sets trial (pleas allowed any time before the Plea setting, and before the Call Docket once trial-set; after the Call Docket pleas are unlikely absent special circumstances); and IMMEDIATE bond forfeiture for non-appearance without the noon-prior waiver. Adopted by the Misdemeanor Trial Judges December 15, 2022, effective January 1, 2023 (Watson CCL1, Turner CCL4, Stewart CCL5, judge-elect Hafley CCL1, judge-elect Hutson CCL4); amendable by a vote of one half of the Misdemeanor Trial Judges.
Texas > Montgomery County > the county courts at law hearing misdemeanor cases (the Misdemeanor Trial Judges — those CCL judges regularly receiving more than ten percent of misdemeanor filings). Operates under the county-wide Rules of Administration; emergency-coverage lists live with the county Office of Court Administration.
Reviewer note: Image-only registration (six pages) read in full through the vision lane; operative provisions quoted verbatim. Signature page: Watson (CCL1), Turner (CCL4), Stewart (CCL5), judge-elect Hafley, judge-elect Hutson, adopted December 15, 2022; Rule 12.1 sets the January 1, 2023 effectiveness. The 2022-era signers differ from the current bench (Hafley and Hutson now preside) — bench truth lives on the judge rows, not this instrument. 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)).
Definitions: "'Misdemeanor Trial Judges' shall mean those Judges who preside over the County Courts at Law of Montgomery County and who regularly receive more than ten percent of the misdemeanor cases." Rule 2: "The courts may at any time exchange cases and benches to accommodate their dockets or to expedite the court's trials." Rule 4.2: for emergencies when the assigned judge is unavailable, "the litigant may present the matter to another misdemeanor judge or associate criminal judge for consideration. A list of these judges and their contact information will be maintained by the Office of Court Administration." Rule 5: "The Administrative County Court at Law Judge may transfer cases between County Courts at Law if he/she finds that a court has an inequitable burden." Rule 6.1: "Defendants must be personally present in court at all Motions Docket, Plea Docket, Call Docket, and Trial Docket settings." Rule 6.2: for arraignment and pre-trial settings, presence is excused "if a waiver of arraignment/reset with scheduling order is filed with the Court prior to noon the business day immediately prior." Rule 7.2: at arraignment the defendant receives a "Right to Counsel/Dangers and Disadvantages" form and may hire counsel, interview for appointed counsel, or proceed pro se; the case resets accordingly. Rule 8.1.2: "Defendants who appear at arraignment without counsel will receive a reset, not to exceed thirty (30) days, for the purpose of retaining counsel or obtaining court appointed counsel." Rule 8.1.3: "At the first setting on a Motion to Revoke, the Motion to Revoke shall be set for final trial on the next Motions Docket, except with leave of Court." Rule 8.2.1: after counsel appears or pro se status is determined, "the case will be set out approximately 75 days for a Pre-Trial Setting from the date of the original arraignment setting." Rule 8.2.2: fast-track discretion — "all Assault Family Violence cases will have settings every three weeks, unless an agreement between the State and the Defendant requires a longer interval." Rule 8.2.3: during the reset period counsel or the pro se defendant "is expected to obtain discovery from the prosecution (including any applicable video or audible tapes), negotiate a plea agreement and be prepared on that setting to resolve the case." Rule 8.3.2: motions may be set "at either a Pre-Trial or Motions Docket with at least three (3) days notice to the other party." Rule 8.3.3: "Motions requiring testimony shall be set on a Motions Docket"; non-testimony motions may be heard at Pre-Trial; the court may carry motions with trial. Rule 8.3.5: "Each Court has an approved standard Discovery Order... presented to the Judge of the Court at any time, but not later than 30 days prior to trial. Each Court has an approved Breath Discovery Order, Blood Discovery Order" on the same clock; on signing, "a copy shall be immediately provided to the State's attorney by the Defendant along with a Certificate of Service"; standard discovery orders need no Motions Docket setting; non-covered items go to a discovery motion for hearing. Rule 8.3.6: CCP art. 28.01 motions are "filed and set pursuant to Code of Criminal Procedure Sec. 28.01 unless modified in this Rule 8." Rule 9.2: the Plea Acceptance/Plea/Trial Determination setting sits "usually 45 days after the Pre-Trial Setting, (or a shorter interval in the Court's discretion)" and the case is disposed by plea or set for trial; pleas remain available "at any time prior to the Plea setting by agreement," and once trial-set, "prior to the Call Docket." Rule 10.2: "After the Call Docket setting, pleas are unlikely to be accepted unless there is some special circumstance." Rule 11.1: without appearance or the noon-prior waiver, "his or her bond will be forfeited immediately." Rule 12.1: effective January 1, 2023 on majority signature and OCA posting; Rule 12.2: amendable by "a vote of one half of the Misdemeanor Trial Judges." Signed December 15, 2022 — Judge Dennis Watson (CCL1), Judge Mary Ann Turner (CCL4), Judge Keith Stewart (CCL5), Judge-Elect John Hafley (CCL1), Judge-Elect Echo Hutson (CCL4).
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)).