COUNTY COURT MEMORANDUM OF OPERATION

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1 1 20 m JUDICIAL DISTRICT OF COLORADO ADMINISTRATIVE ORDER SUBJECT: County Court Reorganization To: Judges and Magistrates, District Administrator, Oerk of Court, Division Clerks, Chief Probation Officer, Community Justice Services, District Attorney, Public Defender, Bond Commissioners, Court Interpreters, Captain of the Jail From: Roxanne Bailin ChiefDistrict Judge DATE: January 3, 2003 This Administrative Order replaces Administrative Directive , dated September 7,2001. COUNTY COURT MEMORANDUM OF OPERATION The County Court of the Twentieth ludicial District has developed this Memorandum of Operation to explain its structure and function with the assistance of representatives of all participants in the criminal and civil justice systems. This document describes the goals, expectations, structure, and operation ofthe County Court. Goals CRIMINAL CASES Resolve cases in a timely fashion Limit continuances to extraordinary, unanticipated circumstances Enhance use ofclerk resources Provide trials more quickly Provide earlier revocation hearings Provide adequate motions hearing time on the docket Reduce jail population held pretrial Even out each judge's workload Create a docket cycle that accurately reflects the work being scheduled

2 Expectations The attorneys who practice in Boulder County Court already confer at an early stage in the proceedings. Accordingly, a major culture change is not required. It is true, however, that each event scheduled on the dockets in County Court has not been perceived as a "meaningful event," that is, an event that moves the case forward. In addition, these events have been too distant from one another to allow for early disposition. As a result ten times as many trials are set than actually go to trial, thus clogging the docket with cases that are not really destined for trial. The County Court expects that each event scheduled in a case will be a meaningful event that will move the case forward. To that end, all participants in a case will anticipate the work necessary to meet this expectation, will do that work, and will be prepared to accomplish the task associated with each event. For example, offers of disposition, shall be developed and delivered to opposing counsel in a timely fashion so that counsel may evaluate the offer, discuss the matter with the client, perform any prerequisites if possible, and be ready for disposition at the earliest event possible. In addition, if victim consultation is required by law or restitution must be determined, these tasks should be accomplished in a timely fashion. Ifdiscovery is necessary, the participants will proceed to obtain discovery as soon as possible. The County Court will set for trial only cases that are likely to go to trial so that fewer cases will be set for trial and so that the trial calendar will more truly reflect cases that will go to trial. The County Court also expects that requests for continuances will be made only for unforeseen and exceptional circumstances. The County Court expects the District Attorney's Office to use best efforts to ob~ the vacation and training schedules ofofficers on a regular basis in order to reduce the continuances requested because ofthe unavailability ofofficers. District attorneys and defense lawyers will be expected to prepare for trial quickly when it is determined that disposiiion is unlikely. The Court will engage in differential case management and set cases appropriately. The goal is that 900!cJ of the misdemeanor and traffic cases will be resolved within 90 days oftirst pre-trial conference and 98% will be resolved within 120 days. Structure and Operation Attached is the County Court One-Month Rotation and Scheduling System. Filings and In-Custody Pre-Trial Conferences During Intake, cases in which ftlings and in-custody pre-trial conferences are not accomplished during the week of the first appearance at the jail shall be held over to the following week and become the cases of the next judge in the rotation. Those cases will remain the cases of the judge who handles the ftlings and the in-custody pre-trial conferences.

3 Pre-Trial Conferences and Representation With regard to Defendants who are able to post bond before 2:00 p.m. first appearances at the jail and with regard to Defendants who are given summonses rather than arrested, the Defendants shall: I. Return on bond or summons to the County Court Magistrate's Division. 2. Engage in a pre-trial conference with the District Attorney. 3. Enter into disposition before the Magistrate (whether pro se or represented by counsel), or 4. When the disposition is not accepted, the Defendant, a. ifcharged with domestic violence regardless ofwhether represented by the Public Defender, represented by private counse~ or pro se, will be set for another pre-trial conference on a Tuesday morning in the District Attorney's office, or b. ifpro se, not charged with domestic violence, and interested in talking with the Public Defender, will be set for another pre-trial conference on a Wednesday morning in the District Attorney's office, c. ifpro se, not charged with domestic violence, and planning to hire private counselor to proceed pro se, will be set for another pre-trial conference on a Tuesday or Wednesday afternoon or Thursday in the District Attorney's office. All monolingual Spanish speakers will be set for Tuesday mornings if charged with domestic violence and for Wednesday mornings ifthey are not. Nothing in this plan prohibits the District Attorney from setting another pre-trial conference in the Magistrate's Division for cases that will be dismissed if the Defendant can provide certain paperwork.. Nothing in this plan prohibits attorneys from entering their appearances, waiving arraignment, and setting their cases for pre-trial conferences. With regard to Defendants who express an interest in talking to the Public Defender, the District Attorney will obtain a completed application form from such Defendants; attach a form to the front of the application form that states the name, case number, charges, and date of pre-trial conference set in the District Attorney's Office; and place these forms and applications in the Public Defender's relay box by the end ofthe day. In this fashion, the Public Defender's office will be able to screen the Defendants for eligibility and become prepared for the pre-trial conference set in the division. The Public Defender's office shall provide an instruction form to the District Attorney's office for distribution to the Defendants. The District Attorney's office is not expected to assist Defendants in completing the forms. Defendants who wish to speak with the Public Defender before the next pre-trial conference in the District Attorney's office shall be encouraged to call the Public Defender's office and make an appointment; however, the referral of information to the Public Defender's office is designed to avoid continuances caused by the failure ofdefendants to contact the Public Defender's office before the next court appearance.

4 Defendants who are in custody at the 2:00 p.m. first appearances may have in-custody pre-trial conferences. The Court may also schedule a second in-custody pre-trial conference. At that point, the Public Defender will enter ifthe Defendant is eligible for representation. Ifthe second in-custody pre-trial does not result in a disposition, the case will be set for case management conference. Any Defendant who is released on bond and who did not participate in a seoond incustody pre-trial conference shall be set for a pre-trial conference pursuant to the schedule set forth above in numbered paragraph 4. Each Division will maintain a Tuesday and a Wednesday during each rotation during which the judge will take immediate dispositions upon the acceptance of a plea disposition at the pre-trial conference. Case Management Conference In the event that a disposition is not reached at the pre-trial conference, the case will be set for a case management conference approximately two weeks from the pre-trial conferene. The Defendant must be present regardless of whether he or she is represented. Ifthe Defendant is represented, both the Defendant and counsel must be present. The conference may be held in court on the record or in chambers on the record at the discretion of the judge. The juclige will discuss with counsel and the Defendant whether discovery has been completed and if not, what remains to be done and how it will be done. In addition, the judge will discuss whether motions will be filed and if so, what issues will be raised. The judge will not express an opinion concerning the strength or quality of any motion. If requested by the defense attorney or the Defendant, the judge may discuss the consequences ofplea or trial in terms ofsentencing ifhe or she wishes to do so. Although dispositions may be reached before or after case management conferences, the judges will not press the parties for dispositions. In the event that a disposition is not reached at the case management conference, the judge may set the case for motions if motions have already been filed or if motions are likely to be filed. Filing motions at the case management conference is preferred but not required. Ifmotions have not been filed, the judge will give the parties a date by which motions must be filed. The judge may: 1. set the case for trial ifmotions definitely will not be filed, or 2. set the case for motions only and wait until the motions hearing to set the case for trial, or 3. set the case for motions and trial. The judge's decision will be based upon the importance of the motions, the likelihood of disposition at the motions date, the likelihood of trial, and any other factors the judge deems relevant. The preferred course of action is setting motions dates only. Motions filing dates will be set approximately one week from the case management conference. Motions hearing dates will be set approximately three weeks from the case management conference. Every effort will be made to set trials at least thirty days but no more than sixty days from the motions date or the case management conference date ifno motions are anticipated.

5 At the case management conference, the judge shall determine whether the case should be set on a two-day trailing docket or given a ftrm date. This determination shall be made for each case. Defendants who are not represented by counsel at the case management conference but who state the intention to hire counsel shall be given a return date for an additional case management conference as soon as possible. Defendant who continue to be pro se at the continued case management conference shall be deemed to be proceeding without counsel and given a pre-trial readiness conference date. Judges may wish to instruct such Defendants to observe a trial. Motions Hearings In the event that a disposition is not reached at the motions hearing, the case will be set for trial unless the trial date was already set at the case management trial. Trial Any Defendant who has not already reached a disposition the week before the jury trial, may reach a disposition agreement no later than the Thursday ofthe week prior to the trial. Post-trial Revocations Revocation hearings will be set for two Fridays per four-week rotation. Miscellaneous The judges shall make available several settings during non-trial days, such as 9:00 a.m., 10:30 a.m., 1:30 p.m. and 3:00 p.m. The judges shall pre-approve personal recognizance bonds on revocation warrants whenever appropriate. Every judge will use best efforts to cooperate with the transfer of dockets and trials between judges as may be reasonably necessary under the circumstances. Non-jury trials CIVIL CASES Civil non-jury trials shall be set on one Monday and one Tuesday during each rotation. The Court may order mediation or settlement conferences as it deems necessary. Jury trials Civil jury cases shall be set on any offour jury trial days during each rotation.

6 TROIPRO Hearings During Intake, the judge will do the TRO's until 11:00 a.m. and will then tum this duty over to his or her "companion" judge. The companion judge for Judge A is Judge B. Likewise, when Judge B is in Intake, Judge A will hear TRO's after 11:00 a.m. When Judge C is in Intake, then Judge D will be the "companion" judge for TRO's, and Judge C will cover the TRO's after 11:00 a.m. for Judge D. The judge who hears the TRO will ordinarily hear the PRO. The Traffic/Misdemeanor Magistrate will also be assigned TRO's and PRO's as indicated on the schedule. Hon. Roxanne Bailin Chief Judge Twentieth Judicial District

7 COUNTY COURT ONE-MONTH ROTATION AND SCHEDULING SYSTEM Effective 113/02 Judge AI Dav Week 1 Week 2 Week 3 Week 4 Morning: TRO's until 11:00 am.; PRO's Motions;Sentencing; Monday Dispos as needed Dispos Afternoon: Intake Civil Trials (non-jury) Tuesday Wednesday Thursday Friday Status; Disoos Plus Expedited Felony Status; Disoos PRO's; Case Mgmt. Confs.; Motions; Sentencin~;DiSOOS Motions; Dispos; Revocation H~ TRO's after 11:00 a.m.; Civil Trials (non-jury) TRO's after 11:00 am..; Dispos without DA DAPretrials with Civil PrCs 2:30 & 3:30 Case Mgmt. Confs.; Disoos Motions; Dispos DA Pretrials PRO's; Motions; Dispos; Revocation Hearin2s JudgeBI Day Week 1 Week 2 Week 3 Week 4 Morning: TRO's until 11:00 am. Monday Tuesday Wednesday Thursday Friday Motions;Sentencing; Dispos TRO's after 11:00 am..; Civil Trials (non-jury) Dispos without DA Immediate Dispo ifplea Civil PrCs 2:30 & 3:30 Case Mgmt. Confs.; Disoos Motions; DiSDOS DA Pretrials PRO's; Motions; Dispos; Revocation H Afternoon: Intake Status; Disoos Plus Expedited Felony Status; Disoos PRO's; Dispos as needed Civil Trials (non-iurv) PRO's; Case Mgmt. Confs.; Motions; Sentencines; Disoos Motions; Dispos; Revocation Hearings The traffic misdemeanor magistrate will hear all Tuesday afternoon TRO's and all Friday morning TRO's. The magistrate will set PRO's associated with those TRO's on Tuesday afternoons and Friday mornings and will set any PRO's referred from the judges on Tuesday afternoons.

8 COUNTY COURT ONE-MONTH ROTATION AND SCHEDULING SYSTEM Effective 113/02. Judge CI Day Weeki Week 2 Week 3 Morning: TRO's until 11:00 am Monday Tuesday Wednesday Thursday Friday JwyTrials JwyTrials DA Pretrials PRO's; Motions; Dispos; Revocation Hearings Afternoon: Intake Status; DiSDOS Plus Expedited Felony Status; DisPos PRO's; Dispos as needed Civil Trials (non-jury) Jwy Trials PRO's; Case Mgmt. Confs.; Dispos Motions; Dispos; Revocation Hearings Week 4 Motions;Sentencing; Dispos TRO's after 11:00 a.m; Civil Trials (non-jury) Dispos without DA Civil PrCs 2:30 & 3:30 Case Mgmt. Confs.; DiSDOS Motions; DiSPOs JudgeDI Day Weeki Week 2 Week 3 Week 4 Morninf[ TRO's until 11:00 am Monday Tuesday Wednesday Thursday PRO's; Dispos as needed Civil Trials (non-iurv). PRO's; Case Mgmt. Confs.; Motions; Sentencin~; DiSDOS ~ Motions; Dispos; Revocation H Motions;Sentencing; Dispos Civil Trials (non-jury) DAPretrials with Immediate Disoo ifolea Dispos without DA Immediate Dispo ifplea Civil PrCs 2:30 & 3:30 Case Mgmt. Confs.; DiSDOS Motions; DiSPOs DA Pretrials PRO's; Motions; Dispos; Revocation H Afternoon: Intake Status: DiSPOs Plus Expedited Felony Status; DiSPOs The traffic misdemeanor magistrate will hear all Tuesday afternoon TRO's and all Friday morning TRO's. The 13gistrate will set PRO's associated with those TRO's on Tuesday afternoons and Friday mornings and will set any.t'ro's referred from the judges on Tuesday afternoons.