Baltimore Cnty. Cir. Ct. Criminal DCM Plan

Circuit Court for Baltimore County

Criminal Differentiated Case

Management Plan

Table of Contents

Statement of Purpose................................................................................................................................................. 4

General Information.............................................................................................................................................. 4-5

Criminal Tracks- Case Management............................................................................................................... 5-8

Lead Criminal Judge.................................................................................................................................................. 9

Criminal Case Manager............................................................................................................................................ 9

Case Management & Assignment..................................................................................................................... 10

Docket Structure................................................................................................................................................. 10-11

Postponement Procedure...................................................................................................................................... 11

Postponement Judge.............................................................................................................................................. 11

Clearing New Dates................................................................................................................................................. 11

Good Cause Findings.............................................................................................................................................. 12

Hicks Issues................................................................................................................................................................. 12

Advance Postponement......................................................................................................................................... 13

Day of Postponement............................................................................................................................................. 13

Specially Assigned Cases....................................................................................................................................... 13

VOP & Sentencing Hearings................................................................................................................................ 13

Writs............................................................................................................................................................................... 14

Requests to Strike Appearance of Counsel................................................................................................... 14

Interpreters............................................................................................................................................................ 14-16

All Tracks- Case Initiation...................................................................................................................................... 16

Summons Cases........................................................................................................................................................ 16

Arrest Cases......................................................................................................................................................... 16-17

Video Review Docket.............................................................................................................................................. 17

Track 1...................................................................................................................................................................... 17-18

Filing.............................................................................................................................................................................. 18

Charging Document................................................................................................................................................ 18

Assignment.......................................................................................................................................................... 18-19

Discovery/Motions................................................................................................................................................... 19

Trial................................................................................................................................................................................ 19

Sentencing................................................................................................................................................................... 20

VOP Hearings............................................................................................................................................................. 20

Tracks 2 & 3................................................................................................................................................................. 20

Criminal Information............................................................................................................................................... 21

Criminal Indictments............................................................................................................................................... 21

Arraignment................................................................................................................................................................ 22

Discovery...................................................................................................................................................................... 23

Assignment & Scheduling..................................................................................................................................... 23

Motions........................................................................................................................................................................ 24

Plea Negotiations/Docket..................................................................................................................................... 25

Sentencing................................................................................................................................................................... 26

MAGS..................................................................................................................................................................... 26-27

Post-Judgement................................................................................................................................................. 27-28

Expungements............................................................................................................................................................. 28

Criminal Differentiated Case Management (DCM) Plan

This Criminal DCM Plan is established in accordance with Md. Rule 16-302(b), which

requires the County Administrative Judge to develop, and, upon approval by the Chief

Justice of the Supreme Court of Maryland, implement and monitor a case management

plan for the prompt and efficient scheduling and disposition of an action in the Circuit

Court.

Statement of Purpose

From the commencement of litigation to its resolution, whether by trial or plea

agreement, any elapsed time other than reasonably required for pleadings, discovery, and

court events, is unacceptable and should be eliminated. To enable just and efficient

resolution of cases, the Court, not the lawyers or defendants, should control the pace of

litigation. A strong judicial commitment is essential to reducing delay and, once achieved,

maintaining a current docket.1

Consistent with the case time standards adopted by the Judicial Council, Constitutional

requirements, and applicable Maryland Rules, it is the goal of this Plan to ensure that all

criminal cases, jury and non-jury, be concluded within 180 days of the date of first

appearance of the defendant or defendant’s counsel, whichever is earlier. In order to

achieve this goal, the Circuit Court is committed to resolving different categories of cases

within a regular and predictable time frame warranted by the needs of those cases.

Outside of this prescribed timeframe, jury trial prayers and de novo appeals from the

District Court should be concluded within 60 days of being transferred to the Circuit Court.

General Information

This Criminal DCM Plan outlines policies and procedures for the management of all

criminal cases in the Circuit Court for Baltimore County, including jury trial prayers and

appeals from the District Court.

ABA Standards of Judicial Administration: Standards Relating to Trial Courts, Rule 2.50 (1992)

The process begins with a felony or misdemeanor that typically is first filed as a complaint

in the District Court. Felony cases typically originate in the District Court and are filed as

an indictment or information case in the Circuit Court by the State’s Attorney’s Office

(SAO). Misdemeanor cases are predominantly heard in the District Court and are filed in

Circuit Court on a prayer for jury trial (PJT) at the discretion of the defense. If a jury trial is

requested at any stage of the process, up to the day of trial, the case must be heard in

Circuit Court. In addition, a conviction from a District Court criminal case can also be

appealed and heard de novo in the Circuit Court by paying the appropriate fee in the

District Court. The DCM plan also includes guidelines for handling post-judgment

collateral matters including violations of probation (VOP), post-conviction, coram nobis,

sentencing and modification hearings.

Criminal Tracks

A criminal case may follow one of three distinct tracks to resolution. Tracks are defined at

filing of the complaint, upon the SAO’s recommendation, or after judicial review based on

the case type or highest charge. See Table 1.1 below and Diagram 1.1 on the following

page. Tracks define expected case processing events, the timing of events, assignment,

and the expectations for case duration. The case flow time standard for Circuit Court

criminal cases is 180 days from the first court appearance of defendant or the entry of

appearance by counsel to disposition for 98% of cases. For criminal case tracks, expected

case durations are based upon the Court’s assessment of time needed to reach

disposition, which may be less than the time standard. Expected case duration is not a

time standard.

Table 1.1 – Baltimore County Circuit Court Criminal Tracks by Case type

& Anticipated Outcomes

Expected Case Duration

Track Case Types

and Notes

Track 1 1. Misdemeanors 60 days to sentencing;

Prayers for Jury 2. Felonies with District track defined at filing.

Trial, District Court Court jurisdiction

Appeals, and 3. Administrative Violations

Collateral Matters of Probation

Track 2 Vast majority of felony charges; 120 days to sentencing;

Basic Felony Cases other than those placed in Track track defined at filing by

3 highest charge. Cases

downgraded to a

misdemeanor remain Track

2.

Track 3 1. Murder 150 days to sentencing;

Complex Felony 2. Manslaughter custom managed; track

Cases 3. Protracted multi- defined at filing; or after

defendant cases filing by SAO

4. Cases with complex recommendation or court

expert testimony review; cases will remain

5. Prosecutions arising out Track 3 regardless of

of a wiretap charging decisions by SAO.

Figure 1.1 – Criminal Case Processing

PJT/DC

Track 1 – Prayer for Jury Trial (PJT), District Court Appeals, and Collateral Matters

Court Event Timing

Case Initiation Case filing by State’s Attorney in

Circuit Court

Arraignment Not required

Discovery In District Court or none required

Trial PJT within 6-8 weeks of filing; within

4-6 weeks for District Court Appeals

Sentencing (if guilty) Same day or 30 days after verdict

typically

Track 2 – Basic Felony Cases

Court Event Timing

Case Initiation Case filing by State’s Attorney in

Circuit Court

Arraignment Within 30 days of filing

Motions Hearings (Discovery) 30 days prior to trial

Complete

Trial Within 120 days of filing

Sentencing (if guilty) Same day or 60 days after trial

typically

Track 3 – Aggravated Felony Cases & Complex Felony Cases

Court Event Timing

Case Initiation Case filing by State’s Attorney in

Circuit Court

Arraignment Within 15 days of filing

Initial Scheduling Conference Within 30 days of filing

Motions Hearings (Discovery) 30 days prior to trial

Complete

Trial Within 150 days of filing

Sentencing (if guilty) Same day or 60 days after trial

typically

All Tracks – Case Management

Lead Criminal Judge

In order to promote expeditious and fair criminal case resolution, the County

Administrative Judge designates a Lead Criminal Judge to oversee the management of

the criminal portion of the Court’s docket. The Lead Criminal Judge is responsible for

overseeing the internal court processes that impact criminal cases and proposing any

modifications to those procedures that would enhance criminal case management. This

arrangement provides flexibility when adapting to changes in substantive or procedural

law and changes in technology. In addition, the Lead Criminal Judge is identified as a

resource for the SAO, the Office of the Public Defender (OPD), the private defense bar,

and courthouse staff as being universally available and accessible to address and resolve

overly complicated, difficult or problematic cases or groups of cases to the end of judicial

economy.

Criminal Case Manager

The Criminal Case Manager (CCM) is a full-time member of the Circuit Court staff who is

assigned to assist in overseeing the flow of the criminal docket. The CCM maintains and

schedules cases on the Plea Docket; coordinates between counsel and the Criminal

Assignment Office to facilitate efficient case resolution; assists judges with the electronic

warrant process and MAGS (Maryland Automated Sentencing Guidelines)

implementation; tracks special case assignments; and serves as a liaison to Clerk’s Office

staff to identify and address case management issues. The CCM is responsible for

evaluating the feasibility of any changes to the criminal case processes to help make the

Court more efficient. The CCM is also identified to the SAO, the OPD, and the private

defense bar as being a contact point for suggestions or concerns regarding criminal case

management. The CCM consults with the Lead Criminal Judge for direction regarding the

resolution of any suggestion or concern.

Case Management and Assignment Responsibilities

The Criminal Assignment Office coordinates the criminal case dockets. Criminal

Assignment sets trial and hearing dates except in specially set cases. The Criminal

Assignment Office also coordinates re-set dates when a non-specially assigned

hearing/event is postponed.

The Criminal Clerks’ Office manages all criminal case files. The Criminal Clerks’ Office

initiates the criminal file, dockets pleadings and orders, and maintains file integrity.

The Central Assignment Office manages docket and case assignment on the hearing or

trial date. The Central Assignment Office also approves scheduling in specially set cases

to ensure there are sufficient resources to cover all dockets and specially assigned matters.

Docket Structure

The Circuit Court hears criminal matters daily. The regularly scheduled docket events

include:

 Video Hearings – Video hearings can include returns on bench warrants, bail

reviews and hearings on petitions for writ of habeas corpus related to bail. These

hearings are held daily at 9:00 a.m. before the designated Postponement Judge.

 Criminal Administrative Docket – This docket is typically overseen by the Lead

Criminal Judge on the first court day of each week to manage routine matters, to

include arraignments, re-arraignments, and requests to discharge counsel.

 District Court PJT Dockets – Misdemeanor PJT dockets are scheduled weekly.

The trial date is scheduled when the jury trial request is made in the District Court.

Cases postponed from a PJT docket are re-set on another PJT docket, unless

consolidated with another case for the same defendant.

 District Court Appeal Dockets – District Court appeal dockets are set every other

week.

 Felony Dockets – Cases that originate in the Circuit Court and are not specially

assigned to a judge are assigned to a felony docket. Within the felony docket

category, cases that originate out of the Investigations Division of the SAO are

heard on a separate docket from general felony cases.

 Plea Docket – Cases in which a plea has been agreed to may be advanced to the

Plea Docket on a date selected by counsel. The Plea Docket is assigned only to a

designated group of judges identified in advance to counsel.

 Motions Docket – Any criminal motion that requires a hearing is set on a Criminal

Motions Docket in the afternoon, with the exception of requests to transfer a case

to juvenile court, which are set on a separate docket every other week.

 Incompetency Case Docket – Cases in which a defendant has been found

incompetent to stand trial are set for periodic review on a monthly docket before

the designated Mental Health Judge.

Postponement Procedures

Postponement Judge

Pursuant to Md. Rule 16-105, all postponement requests must be considered by the

County Administrative Judge or designee. The designated Postponement Judge shall be

authorized to make good cause findings and to rule on waivers of the Hicks requirement.

Pursuant to the Rule, only one judge may be designated to have postponement authority

at a time.

Clearing New Dates

Any party requesting a postponement of a trial or any other hearing shall promptly notify

opposing counsel. The party requesting the postponement must coordinate a proposed

re-set date with the opposing party and the Criminal Assignment Office. The re-set date

for any trial must be within the Hicks deadline unless there is a compelling circumstance

to extend beyond that deadline and the defendant is willing to make a knowing and

intelligent waiver of the right to speedy trial. Failure to coordinate a re-set date may result

in the postponement not being considered. Compliance with this procedure does not

guarantee that any continuance will be granted and will not be interpreted by the Court

as constituting consent to the postponement.

Good Cause Findings

The following are examples that are usually considered “good cause” for postponement:

 Trial date conflict: The first case set takes precedence (See Chief Judge Robert C.

Murphy’s Revised Administrative Order for Continuances for Conflicting Case

Assignments or Legislative Duties effective May 15, 1995);

 Serious illness or death in the family of a party, counsel or necessary witness;

 Vacation(s) scheduled prior to any assigned trial date; Requests for postponement

must be made within ten (10) calendar days of notification of the conflicting event;

 An ongoing trial in another court that carries over to cause a conflict with the

Baltimore County trial date.

The following are generally NOT “good cause” for postponement:

 Vacations(s) scheduled after establishing a trial or motion date;

 Consent of SAO and defense counsel with no substantive basis;

 The request for postponement being a first request;

 Any matter known or which should have been known when the trial date became

finalized;

 Change of counsel for non-meritorious reason;

 Ongoing plea negotiations;

 Law enforcement officer training;

 Investigation on-going;

 Postponement requested to consolidate with a matter pending in the District Court

as to which a jury trial may be prayed.

Hicks Issues

If the postponement of any event will, in any way, implicate the Hicks Rule, a Hicks waiver

and/or finding of good cause must be made in open court by the designated

Postponement Judge. The defendant shall be present in open court; a written waiver alone

will not be accepted. If necessary, counsel may coordinate a postponement/Hicks hearing

through the chambers of the designated Postponement Judge or the Lead Criminal Judge.

Advance Postponement of Trial Dates

If counsel becomes aware that a postponement of a trial date will be requested, they shall

promptly notify opposing counsel. At the earliest availability of counsel, the case should

be set before the designated Postponement Judge as a pre-set postponement request.

Day of Trial Postponements

Counsel requesting postponement of a case on the day of trial shall notify opposing

counsel as soon as the basis for the request is known. Whenever possible, the request

should be communicated before the day of trial so the opposing side has the option of

placing witnesses on call until a ruling is made on the postponement request. The case

shall be promptly referred to the designated Postponement Judge for consideration on

the morning of trial. If the postponement request is denied, the case shall be referred

back to the criminal docket judge so the case may proceed.

Specially Assigned Cases

If a case is specially assigned, subsequent case management decisions and scheduling will

be initiated by the specially assigned judge consistent with the case time standards.

However, pursuant to Md. Rule 16-105, all postponements or scheduling that affects the

trial date or the 180-day Hicks period are made by the County Administrative Judge or

designee. The judge will confer with the specially assigned judge for a recommendation

as to the postponement as well as clear new court dates on the assigned judge’s calendar,

if granted. The Central Assignment Office must be notified upon the scheduling or re-

scheduling of all specially assigned cases in order to ensure judicial and juror availability.

VOP and Sentencing Hearings

The limitations related to the Postponement Judge do not apply to post-judgment

collateral matters including violation of probation (VOP), post-conviction, coram nobis,

sentencing or modification hearings. In these matters, the judge to whom the case is

assigned may schedule and postpone them at the judge’s discretion. Any hearing

anticipated to last more than two hours must be cleared through the Central Assignment

Office. Reopened cases for violations of probation may be initiated by a probation officer

or the SAO.

Writs

In the event that a defendant is incarcerated in a facility, the issuance of a writ is necessary

to secure that defendant’s presence in Court. The Criminal Assignment Office is

responsible for handling requests for writs and the issuance of writs. Once known to

counsel that a writ will be needed, counsel should notify the Criminal Assignment Office

with the necessary identifying information and location of the defendant by emailing

(ccbaltcoclerkcriminalassignment@mdcourts.gov), calling (410-887-2660), or submitting

a written request. Pro se defendants can use the same procedure outlined above to

request a writ be issued in their case. Upon verifying a defendant’s location, the Criminal

Assignment Office will issue the writ. Given the variation in processing times at different

County and State corrections facilities, it is imperative that counsel give the Criminal

Assignment Office as much advance notice as possible, but not less than two weeks

advance notice.

Requests to Strike Appearance of Counsel

Any request to strike the appearance of defense counsel must be made in the presence

of the defendant in open court or in writing. Counsel must provide written notice to the

defendant of the intent to withdraw counsel’s appearance at least ten days in advance of

filing a written request to withdraw, pursuant to Md. Rule 4-214(d). If no objection is filed

and other counsel has entered an appearance, the request will be ruled upon without the

need for a hearing. If the request is made by the appropriate motion and there is an

outstanding bench warrant for the defendant, the request will be ruled upon without a

hearing. In all other instances, when no other counsel has entered on defendant’s behalf,

the Motion to Strike may be set for hearing on the criminal administrative docket.

Interpreters

If there is a need for an interpreter for a party or witness in a Criminal case, the party or

counsel shall promptly notify the Court by using the Request for Spoken Language

Interpreter form found on the Maryland Judiciary’s website here:

http://www.courts.state.md.us/courtforms/joint/ccdc041.pdf or, if a sign language

interpreter is needed, the Request for Accommodation for Person with Disability form

found here: http://www.courts.state.md.us/courtforms/joint/ccdc049.pdf Requests

should be made no less than ten (10) days prior to a scheduled Court event, absent

extraordinary circumstances. A delay in notifying the Court of the need for an interpreter

may result in the inability to handle a case on the scheduled date. Requests for interpreters

must be specific as to the language and, if appropriate, the particular dialect or signing

system that may be needed. The request must also specify for whom the interpreter is

needed. The court events covered by the policy can be found here:

http://www.courts.state.md.us/courts/pdfs/interpretersforctrelatedevents.pdf

The Request for Spoken Language Interpreter form shall be filed with the Clerk’s Office.

The Clerk’s Office shall forward the Request for Spoken Language Interpreter form to the

Interpreter Coordinator (any requests for interpreters that are filed in motion form shall

also be directly forwarded to the Interpreter Coordinator immediately when filed). The

Interpreter Coordinator will schedule a court interpreter for all court events. A party, or

counsel, must indicate the length of the scheduled court event. Unless the Court is advised

of a case’s specific duration, the Court will only arrange interpreters for a single morning

or afternoon session.

Once an interpreter has been appointed in a case, there is no need for the party or counsel

to submit a new request for each court event. Clerk’s Office staff and court staff who

vacate, postpone, or reschedule a court event in a case where an interpreter has been

appointed are required to inform the Interpreter Coordinator that the event was vacated,

postponed or rescheduled by sending an e-mail to ccbaltcointerpreters@mdcourts.gov.

The party requesting an interpreter shall remain responsible for confirming that an

interpreter has been ordered and shall notify the Court immediately if the need for the

interpreter changes. If it becomes necessary to cancel an interpreter for a court scheduled

event, then the party or counsel should complete a Cancellation of Interpreter form found

here:

http://resources.baltimorecountymd.gov/Documents/Circuit/cancelinterpreterform.pdf.

If a request for interpreter is not cancelled at least 24 hours in advance of the trial or

hearing, the Court will be billed. If the Court is billed for an interpreter needlessly as a

result of counsel’s failure to advise the Court that the interpreter will not be needed, or

because counsel or a litigant does not appear in court in a timely manner, the Court may

assess the interpreter costs against the party or counsel causing the unnecessary expense.

Baltimore County has the benefit of a Spanish-speaking interpreter who is employed by

the Court. The interpreter, or a supplemental Spanish-speaking back-up interpreter, is

available on a daily basis when Court is in session. The interpreter’s regular presence in

the courthouse allows some Spanish-speaking matters to go forward without delay. The

fact that a Spanish-speaking interpreter may be available does not obviate attorneys and

parties of the requirement to make a timely request for an interpreter’s presence in court

by filling out and submitting the Request for Spoken Language Interpreter form.

All Tracks – Case Initiation

Criminal cases can be initiated by a summons or by arrest and the filing of a complaint in

District Court. Most felony cases are initiated by arrest, but rarely may be initiated by

summons. A very small number of cases are initiated at the Circuit Court by indictment

and first appearance, without initial arrest and review for probable cause by the District

Court.

Summons Cases

A summons is a notice to appear in court to face charges at a trial. Summons cases are

primarily for misdemeanors but occasionally they are used for felonies. Most will only

reach the Circuit Court upon a jury trial prayer or appeal from District Court. A small

number of felony charge types may be initiated by summons.

Arrest Cases

The arrest of a defendant may be based on an arrest warrant or by a peace officer

immediately following a crime. Arrest warrants are issued by District Court commissioners

at the request of a law enforcement officer and are based on probable cause most often

established by the peace officer. Alternatively, the SAO may investigate a case after the

commission of a crime and seek an arrest warrant following indictment before the Grand

Jury.

Following arrest on a warrant, the defendant must be taken before a judicial officer of the

District Court within 24 hours after arrest, or if the warrant so specifies, before a Circuit

Court judge without unnecessary delay and no later than the next Circuit Court session,

to determine eligibility for pretrial release and provide advice of rights.

Video Review Docket

The Circuit Court schedules a daily video review docket at 9:00 a.m. before the designated

Postponement Judge to conduct bench warrant, bail review and habeas hearings. This

docket utilizes a video system linked to the Baltimore County Detention Center to help

conserve court and jail resources. The OPD assigns a public defender to provide

representation at the jail for eligible defendants who request representation at a bail or

habeas hearing.

Bail in a new criminal case is initially set by a commissioner and then reviewed by a District

Court judge, unless the defendant is arrested on a bench warrant issued in the Circuit

Court that prohibits review by a judicial officer other than a Circuit Court judge. A

defendant may seek further review of a bail set in the District Court by filing a habeas

corpus petition under Md. Rule 15-303(b)(1). Any pro se defendant filing a habeas petition

will be set promptly for hearing on the daily video review docket. A defendant filing a

habeas petition through counsel will be set on the daily video review docket on a date

that is coordinated with counsel. A defendant who is arrested on a bench warrant issued

by the Circuit Court is set for a bench warrant hearing on the daily video review docket

within 48 hours of the defendant’s arrest, unless the bench warrant was issued in a

reopened or specially assigned criminal case. If the bench warrant was issued in a

reopened criminal case, most typically for VOP or in a specially assigned case, the

reviewing judge will set a violation of probation hearing in front of the issuing judge.

Track 1 – Prayers for Jury Trial, District Court Appeals, and Reopened

Cases

PJTs and District Court appeals, primarily for misdemeanor and serious traffic cases, are a

constitutionally guaranteed right for most criminal charges in Maryland. The rule-based

standard threshold for a PJT is an offense which is punishable by more than 90 days in

jail. Md. Courts and Judicial Proceedings § 4-302(e) (2)

A District Court defendant on misdemeanor charges can request a jury trial in an eligible

case at any time during the process, up to and including the trial date in District Court.

Appeals from the District Court are de novo trials in the Circuit Court.

Track 1 also includes post-judgment collateral matters. Most of these cases are VOPs

following a guilty verdict and sentencing. A case may be reopened on a motion for

modification of the sentence, a motion to recall a case on the Stet docket or for an

expungement request.

Filing

PJTs are filed in the District Court upon motion/verbal request of the defense. The District

Court typically forwards the PJT file to the Circuit Court the same day the request is made.

Appeals from District Court sentences must be filed within 30 days of entry of judgment.

Charging Document

A charging document filed in the Circuit Court may be:

 An indictment (see Track 2 below);

 An information (see Track 2 below); or

 A District Court charging document for an offense on which the defendant

demands a jury trial or appeals from a judgment.

Assignment

PJTs and District Court appeals are immediately assigned to a docket for trial according

to the following guidelines:

 PJTs are scheduled at the District Court trial date on one of two pre-selected dates

within six to eight weeks that have been provided by the Circuit Court. The

defendant will be served in the District Court with a summons for the Circuit Court

trial date.

 District Court appeals are set for trial on an appeals docket within six weeks.

 Post-judgment collateral matters, such as VOPs, motions to correct an illegal

sentence, and other post-sentencing proceedings, are referred back to the original

assigned judge or their successor, and are typically scheduled for hearing within

45 days. The Circuit Court may delay scheduling a VOP hearing until other pending

matters are resolved.

Discovery /Motions Hearings

For most PJTs and District Court appeals, formal discovery requests are not filed, as

discovery was previously conducted in the District Court. An exception exists when a

defendant or defendant’s counsel demands a jury trial in writing pursuant to Md. Rule 4-

301(b)(1)(A). When this occurs, formal discovery is conducted in the Circuit Court pursuant

to Md. Rule 4-301(c). Any mandatory motions in a PJT or District Court appeal must be

filed within 30 days after the earlier of the appearance of counsel or the first appearance

of the defendant, except when discovery discloses the basis for the motion, in which case

motions are to be filed within five days after discovery is furnished, pursuant to Md. Rule

4-252. In District Court cases where a jury trial is prayed in open court, any mandatory

motions will be heard upon transfer to the Circuit Court. While non-mandatory motions

may be filed at any time, they should be filed in advance of trial in accordance with Md.

Rule 4-252(d).

Trial

For PJTs, upon transfer to the Circuit Court the appearance of the attorney of record in

District Court is automatically entered in the Circuit Court case. Md. Rule 4-214(a). For

District Court appeals, an attorney’s entry of appearance is automatically entered in the

Circuit Court case only if the attorney was responsible for filing the underlying appeal in

the District Court.

PJT cases are set on Track 1 (misdemeanor) dockets, with a target range of 21 to 25 cases

per docket. District Court appeal cases are set on a separate docket on alternating Fridays.

Sentencing

In the majority of Track 1 cases, a sentence is imposed by a judge immediately following

adjudication. However, a judge may order a pre-sentence investigation (PSI), a Md. Health

Gen. Code Ann. (“HG”) 8-505 assessment of drug and/or alcohol treatment needs or a

psychiatric evaluation to assist with sentencing decisions. In these instances, the

sentencing hearing will be postponed approximately 45 to 60 days.

VOP hearings

VOP hearings are heard by the sentencing judge 2 or their successor. Since VOPs often

occur as the result of the commission of a new offense, the defendant, counsel, and the

prosecutor often seek to consolidate the VOP with a plea on the new offense.

Coordinating plea and VOP hearings is problematic since the VOP must presumptively be

heard by the original assigned judge. The CCM can assist counsel to facilitate

consolidation. The judge handling the VOP can agree to accept the plea on the new

offense, or alternatively, with the agreement of the VOP judge and consent from the

defendant, the VOP case can be consolidated with the plea on the new offense. If after

sentencing a subsequent VOP occurs, the case will be set on the docket of the judge who

most recently sentenced the defendant.

Tracks 2 and 3 – Basic and Complex Felony Cases

Circuit Court Tracks 2 and 3 are felony cases under the jurisdiction of the Circuit Court. All

of these cases are initiated in the Circuit Court by the SAO or Maryland Attorney General’s

Office by criminal information or criminal indictment. The rules of procedure are the same

following filing in Circuit Court. Both an indictment and a criminal information are forms

of a charging document. The primary distinction is that probable cause is determined by

the District Court for a criminal information and by Grand Jury for an indictment.

2 Md. Rule 4-347(e). The wording of the rule is that “whenever practicable, the hearing shall be held before

the sentencing judge.”

Criminal Information

Criminal information cases are primarily criminal felony cases for which the Circuit Court

has exclusive jurisdiction and which originate in District Court, usually by arrest. In felony

cases, the primary function of the District Court is to establish probable cause and ensure

a speedy initial appearance at which a defendant is advised of the nature of the charges,

the possible consequences, and their right to a preliminary hearing. The District Court

also conducts a hearing to determine whether the defendant should be held in custody

or released on bail or other condition to ensure their appearance at subsequent court

hearings.

Criminal Indictments

Criminal indictments are cases that have been brought before a Grand Jury for

determination of probable cause and indictment. The type and number of cases assigned

to a Grand Jury are determined by the SAO. In Baltimore County, most felonies are

indicted by the Grand Jury.

Following indictment, either a summons or writ is issued to schedule the defendant for

arraignment or a bench warrant is requested, pursuant to Md. Rule 4-212. A bench warrant

may be issued based upon a finding of probable cause and that there is a substantial

likelihood that the defendant will not respond to a summons. A bench warrant may also

be issued for a defendant in custody for another offense.

A charging document must include the name of the defendant, the facts of the offense,

and a citation of the statute or other authority. In addition, the charging document advises

the defendant of basic rights, including the right to appear before a judicial officer to

determine eligibility for release, the right to a lawyer, and representation through the

OPD, if eligible. A peace officer or a judicial officer must sign a statement of charges. An

information or indictment may be signed by the State’s Attorney or other authorized

authority.

Arraignment

An arraignment is required in Circuit Court unless waived by the entry of an appearance

by defense counsel. An arraignment is scheduled by summons issued to the defendant

immediately after charges are filed unless the defendant is in Baltimore County’s custody.

In this case, an arraignment is set on the criminal administrative video review docket. If

the defendant is in custody elsewhere, a writ will be issued. The purpose of the

arraignment is to:

 inform defendant of charges and the possible consequences;

 ensure that defendant has a copy of the charging document; and

 advise the defendant of the right to counsel and potential right to representation

through the OPD.

At the arraignment, the judge will provide information to the defendant concerning the

location of the OPD and the time needed to complete the OPD application process. An

information sheet is provided if the defendant is arraigned in open court. Additionally, a

form is provided to defendants upon release from the jail with a map to the Baltimore

County Office of the Public Defender and instructions regarding necessary documents to

bring to the OPD in order to secure representation.

Once the defendant is arraigned, the defendant will be given notice to appear at a re-arraignment hearing on the administrative criminal docket in three weeks. If counsel

enters an appearance on behalf of the defendant in advance of that hearing, it will be

vacated. At the subsequent re-arraignment hearing, the Court will review the efforts of

the defendant to obtain counsel. If the defendant is still without counsel without

satisfactory explanation at the hearing, or if the defendant states an intent to proceed

without counsel, an initial waiver of counsel hearing will be conducted pursuant to Md.

Rule 4-215. If the defendant expressly waives the right to counsel, or does so by

inaction, the SAO will serve discovery on the defendant in open court as required

pursuant to Md. Rule 4-263 and the case will be set for trial.

Discovery

While not considered a significant event in terms of the use of judicial time, discovery and

the issues surrounding it are critical to early plea negotiations, docketing of dispositions,

and trial readiness. Effective, transparent discovery promotes procedural justice. Plea

negotiations are a key component of early dispositions and diversion and should be

conducted as early as possible in the process in order to increase communication and a

just resolution as early as possible. In Baltimore County, the plea docket (discussed below)

is an early disposition opportunity utilized by the SAO in collaboration with the Circuit

Court and the defense bar.

Assignment and Scheduling

The trial date must be set within 180 days after the entry of appearance of counsel or the

first appearance of the defendant, whichever comes first, pursuant to Md. Rule 4-271.

When the trial date is set at the arraignment, the defendant is served with a summons to

appear. If the arraignment has been waived for a defendant represented by counsel, a

summons is served by mail or in person for the next scheduled event. In Baltimore County,

the following guidelines apply for the assignment and scheduling of felony cases:

 All felony cases are set for an arraignment within 30 days of filing unless an

attorney has entered an appearance with the Circuit Court as part of the filing

process. An attorney may enter an appearance up to and including the first

arraignment hearing. If an attorney enters an appearance, the arraignment is

waived.

 All cases are set for trial at the arraignment or within 30 days of the entry of

appearance by counsel.

 Track 2 felony cases are scheduled for a trial date within 120 days. No specific judge

is assigned to hear the case until the day before the trial date.

 Track 3 cases are specially assigned to a trial judge by the County Administrative

Judge. If the defendant is not already represented by counsel, the assigned judge

will promptly set the case for arraignment. A scheduling conference will be set by

the assigned judge within 30 days of assignment, and a motions and trial date will

be selected at that time.

Motions Hearings

Motions hearings may be heard in court or decided by a judicial ruling without a hearing.

A response to a motion, if made, must be filed within 15 days after service of the motion,

pursuant to Md. Rule 4-252(f). Hearings on motions are required, where practical, to be

heard before the day of trial, although a motion to dismiss pursuant to the speedy trial

rule may be deferred until the day of trial.

Dispositive and evidentiary motions must be heard in open court. In Baltimore County,

counsel are strongly encouraged to litigate motions in advance of the trial date to avoid

delays in jury selection, thereby potentially lengthening the time required for juror service.

Motions filed in advance of trial that require a hearing will be scheduled on an afternoon

motions docket, with the exception for motions to transfer to juvenile court. A motions

hearing date should not be requested unless counsel believes there are motions to be

litigated. The judge that hears the motion may not be the judge who is ultimately assigned

as trial judge.

Mandatory motions include matters that must be raised or are automatically waived if not

filed within 30 days after the first appearance of the defendant or the entry of appearance

by counsel, except as a result of discovery review and filed within five days of receipt of

discovery, pursuant to Md. Rule 4-252(a). Mandatory motions include:

 Defect in the institution of the prosecution;

 Defect in the charging document;

 Unlawful search and seizure, wiretap or pretrial identification;

 Unlawfully obtained admission, statement or confession; and

 Request for joint or separate trial of defendants or offenses.

A motion for transfer to juvenile court, though not considered mandatory, must be filed

separately and is considered waived under the same time restrictions as mandatory

motions. Motions to transfer to juvenile court are immediately forwarded to the County

Administrative Judge so that a waiver summary is ordered from the Department of

Juvenile Services. Contested transfer motions are set on a separate every other week

docket, in the morning, so that, in the event a transfer is ordered, a juvenile petition can

be filed, and the respondent can be scheduled for a detention hearing on the same day

so as not to risk unnecessary detention.

Plea Negotiations, Early Resolution and the Plea Docket

Plea dockets are scheduled every Tuesday, Wednesday, and Thursday of each week before

an identified group of plea docket judges. In order to schedule a case on the plea docket,

counsel should call or email the CCM and coordinate a date for a hearing. The case is set

on the plea docket based on the scheduling preferences of counsel; however, cases must

be added on to the plea docket at least one day before the scheduled trial date.

Additionally, at least ten business days advance notice is required if a writ is required to

transport the defendant from a facility other than the Baltimore County Detention Center.

Plea negotiations between the SAO and defense counsel may occur at any time in the

process. While most cases are resolved on the date of trial, early negotiation and pretrial

case resolution are strongly encouraged. If a plea is reached in a Track 2 case in advance

of trial, it is placed on the plea docket by contacting the CCM. Any plea in a Track 3 case

is heard by the assigned judge.

Trial – Track 2

Track 2 felony trials are assigned a trial date following the entry of appearance by counsel,

or at a re-arraignment hearing if the defendant waives counsel. The Criminal Assignment

Office will contact counsel in an effort to obtain a mutually agreeable trial date. If counsel

do not respond to the Criminal Assignment Office within five business days, a date will be

assigned based upon the Court’s schedule. Absent good cause, the trial date should be

set within 120 days of the entry of appearance by counsel.

Track 2 cases are scheduled on a trial docket. Judges are assigned to these dockets one

day before trial. The docket judge will conduct the plea and sentencing proceeding for

any case on the docket that is resolved without the need of trial. If a trial election is made

in open court, counsel should advise the docket judge as soon as possible so the Central

Assignment Office can refer the matter to the appropriate trial judge. If an election is

known in advance of the trial date, the CCM or Central Assignment Office should be

notified immediately to ensure appropriate resources will be available. Counsel should

notify the docket judge of the estimated length of trial, whether it will proceed by court

or jury, and the number of strikes needed for a jury trial.

Postponements on the day of trial are strongly discouraged. Any postponement will be

heard by the designated Postponement Judge. If a postponement is granted, a new trial

date will be assigned, with a copy of the notice served upon the defendant in open court.

If the postponement is denied, the case will return to the original docket judge for trial.

Trial – Track 3

Murder and manslaughter cases, along with cases arising out of a wiretap, are

automatically assigned to Track 3. Other complex cases, such as those requiring extensive

expert testimony or protracted multi-defendant cases, may be assigned to Track 3 by the

Administrative Judge or Lead Criminal Judge sua sponte or based on a request by counsel.

The SAO notifies the Lead Criminal Judge when a murder, manslaughter, or wiretap case

is indicted, and the Track 3 case is then assigned to a judge. The assigned judge will set a

Scheduling Conference within 30 days to set both a motions and trial date. Modifications

to the case schedule, including changes to any motions dates, are handled by the assigned

judge. Any request to postpone the trial date is referred to the Lead Criminal Judge.

Sentencing

In many instances, sentence is imposed by the assigned judge immediately following

adjudication. However, a judge may order a PSI, a Md. Health Gen. Code Ann. (“HG”)

8-505 assessment of drug and/or alcohol treatment needs, or a psychiatric evaluation to

assist with a sentencing decision. In those instances, the sentencing will be postponed

approximately 45 to 60 days.

Maryland Automated Guidelines System (MAGS)

In most Track 2 cases and in all Track 3 cases, the SAO is required to initiate a MAGS

worksheet, to determine the sentencing guidelines that apply in the case. A printed copy

of the MAGS worksheet must be provided to the assigned judge at the time of sentencing,

and the judge will complete the MAGS worksheet following the sentencing hearing. In

order to complete the MAGS worksheet, time spent in custody must be subtracted from

the sentence imposed to compute the remaining sentence. Any dispute concerning the

sentencing credit should be resolved at the sentencing hearing. The CCM works with

involved parties to ensure 100% compliance with Baltimore County’s MAGS reporting

requirements.

Post-Judgment

Post-judgment actions may include the following:

 Appeal – An appeal of a judgment or a request for leave to appeal following a plea

must be filed within 30 days of issuance of the final judgment, pursuant to Md.

Rule 8-202.

 Motion for Modification of Sentence – A motion for modification of a sentence

pursuant to Md. Rule 4-345(e) may be filed within 90 days after the imposition of

a sentence; however, an illegal sentence can be corrected at any time, pursuant to

Md. Rule 4-345(a). A sentence modification is assigned to the original sentencing

judge. A hearing must be held, with notice provided to any victim, in order for the

Court to modify a sentence.

 Request for Review of Sentence by Three Judge Panel – An application for

sentence review must be filed within 30 days after imposition of a sentence,

pursuant to Md. Rule 4-344(f). The Circuit Administrative Judge will assign the

panel of review, which cannot include the sentencing judge. A hearing must be

held, with notice provided to any victim, in order for the panel to modify the

sentence.

 Post-Conviction Petition – A petition for post-conviction must be filed within ten

years of the date of judgment. However pursuant to Lopez v. State, 205 Md. App.

141 (2012), the ten-year time limit does not apply to sentences imposed before

October 1, 1995. The petition will be specially assigned to a judge and cannot be

assigned to the original trial or plea judge. A hearing must be scheduled on any

post-conviction petition unless the State stipulates that the facts alleged in the

petition are true and consents to the request for relief, pursuant to Md. Rule 4-406.

 Petition for Writ of Error Coram Nobis – A coram nobis petition filed under Md.

Rule 15-1202 will be referred to the original trial judge, if that judge is still an active

judge. If not, the case will be specially assigned to an active judge.

 Petition for Writ of Actual Innocence – A petition for writ of actual innocence

will be referred to the original trial judge, if that judge is still an active judge. If not,

the case will be specially assigned to an active judge. Under Md. Rule 4-332(c), a

petition for writ of actual innocence can be filed at any time.

Expungements

Pursuant to Maryland Criminal Procedure § 10-105, an individual charged with a crime

can petition to have a police record, court record, or other record maintained by the State

expunged in the following situations: individual was acquitted; charges were dismissed;

individual successfully completed a probation before judgment (except charged with a

violation of § 21-902 of the Transportation Article or Title 2, Subtitle 5 or § 3-211); case

was not prosecuted ( nolle prosequi ); case was not prosecuted ( nolle prosequi ) due to

successful completion of drug or alcohol treatment; case was indefinitely postponed on a

stet docket (see Maryland Criminal Procedure § 10-105(a) for additional qualifying events

as this list is not exhaustive). Individuals with subsequent convictions for offenses other

than minor traffic or new pending charges are likely ineligible for expungement. If the

case also satisfies the Time of Filing requirements found in § 10-105(c), the petition can

be filed in the Circuit Court if the case originated there or if the case was transferred to

the Circuit Court from the District Court.

Upon receipt of a valid petition for expungement, the Circuit Court shall serve a copy on

the SAO. The SAO shall have 30 days to respond by filing an objection. If the SAO files an

objection, the matter will be set for hearing. If no objection is received within 30 days of

service on the SAO, the petition is referred to a designated expungement judge to enter

an order, pursuant to Maryland Criminal Procedure § 10-105(d).