St. Mary's Cnty. Cir. Ct. Criminal DCM Plan (introduction)

ST. MARY’S COUNTY CIRCUIT COURT

Criminal

Differentiated Case Management Plan

September 1, 2017

TABLE OF CONTENTS

Criminal Differentiated Case Management Plan

Criminal Track Charts

Track 1 – Jury Trial Prayers (JTP) and District

All Criminal Case Tracks

Criminal Postponement Policy

Violations of Probation, Sentencing and Other

Interpreters

ADA Accommodations

Criminal Differentiated Case Management Plan

This Criminal Differentiated Case Management (DCM) Plan is established

in accordance with Maryland Rule 16-302(b)(1)(A) which requires the County

Administrative Judge to develop and, upon approval by the Chief Judge of the

Maryland Court of Appeals, implement and monitor a case management plan

for the prompt and efficient scheduling and disposition of cases filed in the

circuit court.

Statement of Purpose

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

or settlement, 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 should control the pace

of litigation. A strong judicial commitment is essential to reducing delay and

once achieved, maintaining a current docket. (Standard 250, ABA Standards

Relating to Court Delay Reduction1).

It is the purpose of this DCM Plan to provide an effective case

management system that will assure:

1. Equal treatment of all litigants by the Court;

2. Timely disposition of cases consistent with circumstances of the

individual case;

3. Enhancement of the quality of the litigation process; and

4. Public confidence in the court as an institution.

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

his/her 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 as warranted by the needs of those cases. For

simpler and many typical cases, the time frame may be shorter than 180 days.

Case Type Summary

The DCM plan for criminal casetypes includes both felony and

misdemeanor cases. Felony cases typically originate in the District Court and

are filed as an indictment or information report in the circuit court by the

State’s Attorney. Misdemeanor cases are predominately heard in the District

Court and are transferred to circuit court when a defendant prays a jury trial,

or an appeal is requested from the District Court decision. A jury trial may be

requested by a defendant for any case involving charges carrying a penalty of a

least 90 days incarceration at any state of the process, up to, and including the

date of trial in the District Court.

Criminal Tracks

A criminal case may follow one of four tracks to resolution. Tracks define

expected case processing events, the timing of events, assignment, and case

duration. The caseflow time standard goal is for 98% of the cases to be

disposed of within 180 days from the first court appearance of the defendant,

or the entry of appearance by counsel.

Disposition may include a guilty plea, guilty verdict, not guilty verdict,

STET, or entry of nolle prosequi. Disposition does not include sentencing for

guilty pleas or verdicts. Sentencing may occur on the same day as the guilty

plea or verdict, or it may be postponed to conduct a pre-sentence investigation,

or for other reasons appropriate for the particular case.

Assignment Office Scheduling

Upon receipt by the Assignment Office of a case for scheduling, the case

shall be assigned to a track. Track 1 cases are jury trial prayers and District

Court appeals. Track 2 cases are non-violent felonies wherein the State’s

Attorney’s Office and the defendant are each entitled to four peremptory jury

challenges. Track 3 cases are felony charges, wherein the defendant’s

exposure is imprisonment for 20 years or more, but less than life

imprisonment. In these cases, the State’s Attorney’s Office is entitled to five

peremptory juror challenges, and the defendant is entitled to 10 peremptory

jury challenges. Track 4 cases are violent felonies, such as murder and rape,

wherein the defendant’s exposure is life imprisonment. In these cases, the

State’s Attorney’s Office is entitled to 10 peremptory jury challenges, and the

defendant is entitled to 20 peremptory jury challenges.

CRIMINAL TRACK CHARTS

Track 1 – Jury Trial Prayers, District Court Appeals

Event

Timing

Initial Appearance/Arraignment /

Docket Call

MUST APPEAR

Plea may be taken

Defendant is served with a summons

for this date while still in District

Court

Trial To be set at docket call – to be

within 30 days thereafter.

Sentencing Same day as plea or verdict, unless

reason to extend, up to 60 days.

Track 2 – Non-Violent Felony Cases

Event

Timing

Initial Appearance/Arraignment /

Docket Call

MUST APPEAR

Plea may be taken

First Appearance by Defendant

Motions Hearing Set prior to next docket call

Second Docket Call

Plea May Be Taken

No more than 90 days from Initial

Appearance

Trial Within 30 days from Second Docket

Call

Sentencing Same day as plea or verdict, unless

reason to extend, up to 60 days.

Track 3 – Felony Cases

Event

Timing

Initial Appearance/Arraignment /

Docket Call

MUST APPEAR

Plea may be taken

First Appearance by Defendant

Motions Hearing Set prior to next docket call

Second Docket Call

Plea may be taken

No more than 90 days from Initial

Appearance

Trial Within 30 days from Second Docket

Call

Sentencing Same day as plea or verdict, unless

reason to extend, up to 60 days.

Track 4 – Complex Cases

Event

Timing

Initial Appearance/Arraignment

MUST APPEAR

First Appearance by Defendant

Status Hearing Within 60 days from Initial

Appearance

Motions Hearing Within 90 days from Initial

Appearance

Plea May be taken at any time prior to

Start of trial

Trial Approximately 100-120 days from

Initial Appearance

Sentencing Same day as plea or verdict, unless

reason to extend, up to 60 days.

Initial Appearance/Arraignment

An initial appearance/arraignment is required in circuit court when a

defendant has been arrested on a warrant and brought directly to circuit court,

or appears following the issuance of a summons by the Court, or the District

Court in the case of jury trial prayers or appeals. The purpose of the initial

appearance/arraignment is to:

1. Inform the defendant of charges and potential penalties;

2. Advise the defendant of the right to counsel and provide a referral

to the Office of the Public Defender, if requested; and

3. Ensure the defendant has a copy of the charging document.

The defendant must appear at the Initial Appearance/Arraignment if

unrepresented. However, in certain circumstances, defense counsel, upon

entry of his or her appearance may waive formal arraignment of the defendant.

The waiving of arraignment by defense counsel must be done in writing.

Status Hearing

Track 4 – Complex Cases are set for a status hearing to determine any

unresolved issues, such as discovery and/or pending motions, and to

determine if there are any plea negotiations.

Discovery

The State must provide discovery, per Md. Rule 4-263(h)(1), within 30

days after the earlier of the appearance of counsel or the first appearance of the

defendant before the Court. Per Md. Rule 4-263(a)(2), the defense must provide

discovery no later than 30 days before the first scheduled trial date except for

the assertion of a defense of duress, which shall be made at least 10 days

before the first scheduled trial date.

Motions

Upon the filing of motions by defense counsel, and the response thereto

by the State, or the expiration of the response time, a motions hearing will be

set by the Assignment Office, prior to the docket call date. In Track 4 cases,

motions dates will be set at the same time as all other dates are set. Counsel

must notify the Court if a motions date has not been set and is needed in

sufficient time to schedule the same prior to trial. If a motions date has been

set and becomes unnecessary, counsel must notify the court immediately.

Motions in limine must be filed sufficiently ahead of the trial date to allow for a

hearing date prior to the trial date to be scheduled. Failure to do so will result

in said motion not being heard separately from the trial and will be addressed

as its issues arise during the trial.

Pleas Prior to Jury Trial Date

If the parties have reached a plea agreement prior to the date a jury trial

is scheduled, the Defendant must waive his/her right to a jury trial and place

his/her plea on the record no later than 2:00 p.m. on the day before the jury is

ordered, so as to eliminate the need for calling in a jury the following day.

Sentencing

Sentencing may take place immediately following the entry of the plea or

verdict of guilty. If a pre-sentence investigation (PSI) is ordered, the

sentencing will be set upon receipt thereof.

Post-Judgment

All violation of probation hearings and any other post-judgment hearings

will be scheduled as directed by the trial judge.

Postponements