Worcester Cnty. Cir. Ct. Criminal DCM Plan

June 10, 2019 (Revised)

Circuit Court for Worcester County, Maryland

Table of Contents

Statement of Purpose…………………………………………………………………. 3

Case Management………………………………………………………………………. 3

Case Types Summary…………………………………………………………………… 4

Case Events…………………………………………………………………………………. 5-9

Case Initiation……………………………………………………………………….. 5-6

 Summons Cases………………………………………………………………. 5

 Arrest Cases…………………………………………………………………. 5

 Filing in the Circuit Court………………………………………………. 5-6

 State’s Attorney…………………………………………………………….. 6

 Criminal Informations……………………………………………………. 6

 Criminal Indictments……………………………………………………… 6

Assignment………………………………………………………………………….. 7

Diversion or Early Resolution……………………………………………… 7

Arraignment……………………………………………………………………….. 7

Discovery…………………………………………………………………………….. 8

Bail Review………………………………………………………………………….. 8

Motions Hearings………………………………………………………………… 8

Plea Negotiations………………………………………………………………… 8

Pretrial Status Conference (PSC)………………………………………….. 8

Trial……………………………………………………………………………………… 9

Sentencing…………………………………………………………………………… 9

Post Judgment – All Casetypes…………………………………………………. 9-10

Violation of Probation (VOP) Hearings……..………………………… 10

Interpreters………………………………………………………………………………… 10

Postponements………………………………………………………………………….. 10

VOP and Sentencing Hearings……………………………………………… 10

Hick’s Issues………………………………………………………………………………. 11-12

Adult Drug Court………………………………………………………………………… 12

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 Judge of

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

prompt and efficient scheduling and disposition of actions 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, not the lawyers or litigants, should control the pace of litigation. A strong judicial

commitment is essential to reducing delay and once achieved, maintaining a current docket.

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 warranted by the needs of those cases. For simpler cases, the

warranted time frame may be shorter than 180 days.

Case Management

Criminal Court is scheduled for the first two weeks of each month. Jury trials are

scheduled Mondays through Thursdays, and violation of probation hearings are set on Fridays.

Motion hearings, bond hearings, and sentencing hearings are scheduled on various days during

criminal court. Initial appearance hearings are set on Wednesday.

Case Types Summary

The differentiated case management (DCM) plan for Circuit Court criminal casetypes

includes both misdemeanor and felony cases. Circuit Court criminal case processing in

Maryland is complex and involves multiple stakeholders, courts, and agencies. Most cases begin

with a complaint filed in the District Court for one or more charges, which include a

misdemeanor(s) or felony(s). For some felonies, such as homicides, an investigation may occur

and an arrest made after an indictment by a grand jury. For these cases, the defendant may still

first be brought before a District Court judge.

Misdemeanor cases are predominantly heard in the District Court and are filed in Circuit

Court on a prayer for jury trial or an appeal of a District Court judgment. If a jury trial is prayed

or an appeal is filed by the defendant in District Court, the case must then be heard in Circuit

Court. In addition, the DCM plan includes reopened cases for violations of probation. A jury trial

may be requested at any stage of the process, up to the day of trial, if not formally waived. A

District Court defendant on misdemeanor charges can request a jury trial at any time during the

process, up to and including the trial date in District Court. Appeals from the District Court are

“de novo” (a new trial on the merits) in the Circuit Court.

Jury trial prayers (JTPs) 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 in order to be entitled to a jury trial in District

Court is that it must be an offense that is punishable by more than 90 days in prison at the

District Court level.

Felony cases that typically originate in the District Court and are filed as an indictment

or information in the Circuit Court by the State’s Attorney.

Case Events

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 on rare occasions may be issued by

summons. See “District Court Case Processing” for the procedures and steps required for a

case to reach the Circuit Court. A very small number of cases are initiated at the Circuit Court by

indictment and initial 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 of these cases

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

number of felony charges may be initiated by summons.

Arrest Cases

Arrests may be made of defendants based on an arrest warrant or “on-view” witness of

the offense or a police 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 usually established by the officer in verbal testimony.

Following arrest on a warrant, the defendant must be taken before a District or Circuit

Court judicial officer within 24 hours for the District Court and no later than the next session of

Court in Circuit Court to determine eligibility for pretrial release and advising of rights to

counsel.

Filing in the Circuit Court

Cases in which a jury trial has been prayed in the District Court (JTPs) are filed with the

Circuit Court by the District Court upon motion/verbal request in open court of the defendant.

The District Court usually files a jury trial prayer in Circuit Court within 30 days of a request.

Appeals from District Court must be filed within 30 days of entry of a judgment or order.

Petitions for violations of probation are normally filed by a probation officer. Worcester County

considers a probation case as an open case until probation is terminated.

State’s Attorney

A charging document filed in the Circuit Court may be:

 Criminal information (felonies or misdemeanors);

 Criminal indictment (typically for felonies); or

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

a jury trial or appeal from judgment.

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 determine probable cause and ensure a speedy

initial appearance at which a defendant hears the charges read in open Court, is advised of his

or her right to an attorney and other rights including a jury trial, and determination is made

about whether the defendant should be held in custody or released on bail or other condition

to ensure his or her appearance at trial or other 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 Office of the State’s Attorney.

In most Indictment cases, an investigation is conducted by the State’s Attorney’s Office

working with the police, following a crime. The investigation may occur at any time, both

before the filing of an information or Indictment, or during the Circuit Court case. The purpose

of an investigation is to gather evidence and information relating to a crime and the possible

involvement of a person. Time limits on investigations are generally governed by statutes of

limitations on prosecuting a crime.

Assignment

Following filing, JTPs and District Court appeals are immediately assigned to a specialty

docket for trial according to the following guidelines:

 All JTPs and District Court appeals are scheduled for trial within 30-60 days.

 Reopened and VOP cases are generally assigned to the original active judge, and

scheduled for a hearing within 30 days. The Circuit Court may delay the scheduling

of a hearing in order to ensure that an omnibus hearing addresses any other VOPs

or new charges that may have been filed against a defendant.

Diversion or Early Resolution

Diversion or early resolution may occur at the discretion of the State’s Attorney with

concurrence of the defendant and/or victim.

Arraignment

Arraignments/Appearances are held for JTPs and incarcerable offense, District Court

appeals, if no defense attorney appearance is entered in the case.

An Arraignment/ Appearance is required in Circuit Court, unless waived by defense

counsel, when a defendant has been arrested on a warrant and brought directly to Circuit

Court, or appears by written notice of counsel following a summons. The purpose of the

Arraignment is to:

 Inform defendant of charges;

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

 Inform the defendant of his right to an attorney.

At the Arraignment/Appearance, if the defendant does not have counsel, the judge will

advise him or her of the right to and location of the location of the Public Defender’s Office. For

most felony cases, attorneys who have entered their appearance in District Court must reenter

their appearance in Circuit Court (Md. Rule 7-107 (2)).

By rule, the trial date must be scheduled within 30 days after the entry of appearance of

counsel or the first appearance of the defendant, whichever comes first.

Discovery

For most JTPs and District Court appeals, formal discovery is not required since

discovery took place in the District Court. Motions filed in reopened cases are typically for bail

review.

Bond Review

Bond review hearings are scheduled for the next session of court following an arrest or warrant

service.

Motions Hearings

Motions hearings may be heard in court or decided by a judicial ruling based on the

written motions of counsel, without a hearing. Mandatory motions include matters that must

be raised, or are automatically waived by the Court 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 and filed within five days of discovery. 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 the transfer of jurisdiction to Juvenile Court must be filed separately and is

considered waived under the same time restrictions as mandatory motions.

Plea Negotiations

Plea negotiations between the State’s Attorney’s Office and defense counsel may occur

at any time in the process.

Pretrial Status Conference (PSC)

In Worcester County, Pretrial Status Conferences are discretionary for non-violent

felonies, and violent felonies, as determined by the assigned judge.

Trial

Trials are conducted by the presentation of the State’s case and a presentation of the

defense’s case and decided on the merits of the case. Jury trials may take precedent over other

cases assigned to the same court room at the Court’s discretion.

Sentencing

For some cases, both pleas and trials, and depending on the status of the defendant, a

sentence may be imposed by a judge immediately following disposition. Judges may also order

a Pre-Sentence Investigation (PSI) to help make a sentencing decision. For reopened cases, final

orders may include a modification of a prior sentence, or other outcome, as determined by a

judge.

In most cases, a judge will require that the State’s Attorney provide a criminal history of

the defendant in order to determine an appropriate sentence. Previous convictions are

considered in the sentencing guidelines. Time spent in custody for the specific case in which the

defendant is being sentenced will be credited toward any sentence that includes incarceration.

If a pre-sentence investigation is required to determine criminal history, mental capacity or for

any other reason, the judge may postpone the sentencing. In most courts, sentencing may be

postponed up to 60 or more days. The outcome of a guilty verdict may include a fine and/or

probation, and/or a period of incarceration in the county jail or in the Division of Corrections.

Post-Judgment – All Casetypes

Post-judgment actions may include the following:

 Motion for Relief. A motion for modification of a sentence may be filed within 90 days

after the imposition of a sentence in District Court (if no appeal) or Circuit Court. A

sentence modification that is granted must be conducted on the record by the original

sentencing judge, if that judge is an active sitting judge, after appropriate notice has

been sent.

 Application for Sentence Review. An application for sentence review must be filed

within 30 days after imposition of a sentence.

 Appeal Filed. An appeal of a judgment must be filed with the Circuit Court within 30

days of issuance of the judgment or Application for Leave to Appeal.

Violation of Probation (VOP) and Hearings

These hearings are very common in Worcester County. VOPs are generally heard by the

sentencing Judge. The primary purpose of a VOP hearing is to determine revocation of

probation and other appropriate punishments if in fact the defendant is found in violation of his

or her probation.

Interpreters

If any party becomes aware of the need for an interpreter for any party or witness, the

party shall promptly notify the court through the Clerk’s Office by using the Request for

Interpreter form, at least 30 days prior to the court date. A delay in notifying the Court of the

need for an interpreter may result in the inability to proceed with the case on the scheduled

date. Requests for interpreters must be specific as to the language and, if appropriate, the

particular dialect that may be needed. The request must also specify for whom the interpreter

is needed.

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. The interpreter will submit an invoice for approval. Once signed by the

court administrator, the Assignment Office is responsible for submitting the invoice to the

Administrative Office of the Courts.

If a request for interpreter is not cancelled at least 48 hours in advance of the trial or

hearing, the Court will be billed for the interpreter’s services. 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 fashion, the

Court may assess the interpreter costs against the party or counsel causing the unnecessary

expense.

Postponements

Pursuant to Md. Rule 4-271(a)(1) and CP§6-103(b), all postponement requests must be

considered by the County Administrative Judge or his/her designee. On a motion of a party, or

on the court’s initiative, and for good cause shown, the court administrative judge or that

judge’s designee may grant a change of a circuit court trial date. If a circuit court trial date is

changed, any subsequent changes of the trial date may be made only by the county

administrative judge or that judge’s designee for good cause shown. In ruling on postponement

requests, Worcester County Circuit Court judges shall consider the case time standards for

processing cases, as well as the Hicks Rule. The First Judicial Circuit has a postponement policy

which includes the following requirements for litigants requesting a postponement:

• Requests shall be made as soon as counsel/party finds that a reason for postponement

exists.

• Requests, except those involving an emergency shall be made within five days of the

receipt of the assignment notice.

• Requests made prior to the hearing or trial date shall be made in writing, noting a copy

has been forwarded to all parties.

• Requests shall include a statement that indicated the opposing party’s/parties position

on the request of postponement.

• Requests shall also include two suggested dates that have been agreed upon by the

parties and assignment office within the time limits of the case time standards and the

Hicks Rule.

VOP and sentencing hearings postponements

Postponement limitations do not apply to VOP, post-conviction, coram nobis,

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

may schedule and postpone the case in the judge’s discretion.

Hicks issues

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

waiver or finding of good cause must be made in open court, by the administrative judge or

his/her designee. The defendant shall be present in open court and written waivers will not

be accepted.

Please see the “Postponement/Continuance P olicy-First Judicial Circuit” for the

complete policy on postponement s and continuances.

Adult Drug Court

Persons may be accepted to Drug Court as a condition of their probation if they meet

the qualifications as identified in the Drug Court Policies and it is ordered as a condition of

probation by the sentencing judge.

Remote Hearings

Pursuant to the Maryland Court Rules, Title 21, Remote Electronic Participation in

Judicial Proceedings, remote hearings are conducted at the discretion of the presiding judge.

Requests for remote hearings must be submitted in writing.