Cecil Cnty. Cir. Ct. Criminal DCM Plan 5.3

6. Assignment of Trial Judge

To the greatest extent possible, consistent with timeliness and availability of judges, the Court will

assign cases for trial to the same judge who conducted the pre-trial conference.

7. Postponements

7.1 The Circuit Court for Cecil County has a strict postponement policy. This policy reflects

Maryland Judicial Council’s definitions, as follows:

Postponement – a proceeding that was not held and is being rescheduled

Continuance – a proceeding that has begun and is extended for additional day(s)

The purpose of this policy is to promote timely disposition and the avoidance of

unnecessary delay of cases in the Circuit Court for Cecil County in accordance with the Maryland

Annotated Code and the Maryland Rules of Procedure.

Postponement of any previously set court date greatly increases the court’s challenge to

manage its cases expeditiously. It has a rippling effect on the court staff, assignment of judicial

time, and allocation of resources generally. All dates, once set, are important dates. Trial dates

which extend the case duration beyond the Maryland Time Performance Standards are violations

by the court of the standards. Postponements will be granted only for substantial, unforeseen and

unforeseeable reasons, for which reasons the denial of a postponement would make the possibility

of a fair trial remote or non- existent.

In consideration of all postponement requests, the court shall carefully apply all relevant

sections of the Maryland Annotated Code and the Maryland Rules of Procedure, review possible

effects of a postponement on the parties and witnesses, and evaluate future scheduling issues. The

court will meet the Maryland Circuit Court Time Standards for processing cases. This will require

a strict and uniformly applied postponement policy.

7.2 Requirements for litigants in making a request for postponement include the following:

• Requests for postponements shall be made as soon as counsel/party is aware that a

reason for postponement exists.

• Requests, except those involving an emergency, shall be made within fifteen (15)

days of the receipt of the Assignment notice.

• Requests made prior to the hearing or trial date shall be filed with the Clerk of the

Court, and include a certificate of service.

• Requests shall include a statement that indicates the position of the opposing party

and/or parties, on the request for postponement.

• Requests for postponements made by counsel as a result of a conflicting court date

shall be accompanied by a copy of the assignment notice of the conflicting case. A

conflicting case scheduled subsequently to the scheduling in Cecil County will not

be a basis for postponement. (Court of Appeals Administrative Order)

• Unless impossible due to emergency, requests shall include an alternate date agreed

upon by the parties and the Assignment Office which is within the applicable

Maryland Circuit Court Time Performance Standards. No request for

postponement which does not include the alternate date will be considered.

Requests for postponement which include the alternate date will not, by that fact

alone, be successful; the reason(s) for the postponement must still meet the other

criteria set forth herein. Requests to reschedule a court date to a date sooner than

the original date will be accommodated when possible.

• On its own initiative, or if all parties are not in agreement to the postponement

and/or dates for rescheduling the case, the Court may act upon the request without

a hearing or issue an order requiring the parties to attend a scheduling conference.

7.3 Postponement.

Except in jury trial prayers, no postponement requests in criminal cases shall be granted except by

the County Administrative Judge or his/her designee, pursuant to specific written designation. In

jury trial prayers, designated Judges may rule on postponement requests.

7.4 All postponement requests will be considered in accordance with Rule §4-271 in criminal

cases, for good cause shown. The court will also apply the Administrative Order for Continuances,

for Conflicting Case Assignment, or Legislative Duties of the Court of Appeals.

7.5 Any trial Judge or Magistrate, including a visiting Judge, has the authority to deny a

postponement. Only the Administrative Judge has the authority to grant one in any case, criminal,

civil, or juvenile, except pursuant to specific, advance, written authorization issued by the

Administrative Judge, to grant postponements.

7.6 Requests for postponement which would take the trial date beyond the Maryland Time

Performance Standard will generally be denied. Postponements will not be granted for failures of

discovery, vacation or training plans made after the trial date was set or not made known to the

Court when the trial date was set, conflicts with other cases set after the trial date was scheduled,

and/or last minute entry of appearance by counsel which creates a conflict with a previously set

case in this or another jurisdiction.

7.7 There will be no indefinite postponements of any case. If and when a postponement is

granted, the Judge granting the postponement shall do so either in writing, or on the record. If the

need for the postponement or continuance arises in open court or, because of emergency

circumstances, an approved alternate date could not be provided in the request for postponement

or continuance, the court shall direct the parties to get a new trial date from the Assignment Office

before leaving the courthouse or, if, because of the emergency one of the attorneys is not present,

within 48 hours.

7.8 Twenty-Five Day Postponement Plan

On motion of any party for a postponement filed within twenty-five (25) days of the scheduled

hearing and/or trial, such motion shall fully comply with all requirements for requesting a

postponement outlined herein. Upon receipt such motion shall immediately be forwarded to the

Assignment Office for verification of the proposed alternative date(s) submitted by counsel. Once

the alternative date(s) has/have been verified the Assignment Office will forward the request to

the appropriate judge for consideration and ruling. Opposing Counsel is encouraged to file an

immediate response to the request for postponement. The Court may grant or deny such request,

with or without a hearing, as justice may require.

If a postponement is granted, all other provisions of the scheduling order shall remain

in effect.

8. Continuance

8.1 Trial Judges have authority to deny a continuance and limited authority to grant one.

8.2 Cases which start but do not finish as scheduled should be continued by the trial Judge to

the next trial day, and from day to day thereafter until completed, unless impossible because of the

unavailability of the trial Judge. The next day’s dockets do not create unavailability. As soon as

the trial Judge knows the case will carry over, he or she will notify the Assignment Office so that

planning for the next days’ docket can commence as soon as possible.

8.3 Where a continuance is granted for a specific, substantial reason other than not finishing,

it must be continued to a date certain, approved by all counsel and the Assignment Office and

expressed in a written order, signed by the Judge, which date will permit the case to conclude

within the original time standard (180-days) for that case.

Only the Administrative Judge has the authority to grant a continuance for any reason other

than carry over if the case is already outside the applicable time standard or the continuance will

cause the case to conclude beyond the time standard.

The Judge granting the continuance will communicate with Judges in other cases as

necessary to deal with conflicts. Where a carried over case creates a conflict with a case scheduled

for trial in another court, the Circuit Court Judge will communicate with the Judge in the other

court, to reach an accommodation which creates the least inconvenience for the parties and

witnesses involved in the two cases.

9. Open Case Report

At the beginning of each month the Assignment Commissioner prepares a report of all open

criminal cases showing case number, initial appearance date, Hicks date, date case was set for trial,

trial date and/or sentencing date. A copy of this report is promptly given to the County

Administrative Judge and State’s Attorney each month. The status of each case noted on this

report is updated daily. Frequent review of this report by the Administrative Judge, the State’s

Attorneys, and the Assignment Clerk will ensure that all cases are handled properly.