Flagstaff Municipal Court DUI Case Management Plan

Flagstaff Municipal Court DUI Case Management Plan Contents: Contents 1 List of Participants 1 DUI Case Management Plan 2 Appendix A - DUI Reports 7 Appendix B - Fingerprint Procedure 14 Appendix C - Continuance Policy 16 Appendix D - Motion to Continue Form 20 Case Management Plan Development Participants: Hon. Thomas L. Chotena, Presiding Magistrate Flagstaff Municipal Court Hon. Michael Araujo, Magistrate Flagstaff Municipal Court Lisa Stankovich, Chief Prosecutor City of Flagstaff Brent Harris, Public Defender City of Flagstaff Donald Jacobson, Court Administrator Flagstaff Municipal Court Cathy Harrison, Deputy Court Administrator Flagstaff Municipal Court

Flagstaff Municipal Court DUI Case Management Plan The Arizona Supreme Court has made the quick and efficient disposition of DUI cases a priority for the courts in Arizona in both the state-wide strategic plan and in orders disseminated by the Supreme Court. Administrative Order No. 2006-38 established a year-long project in which several pilot courts implemented DUI Case Processing Projects. The first phase of pilot court projects was completed in June, 2007 with significant success in reducing the time to disposition. The Flagstaff Municipal Court will be participating in the second phase of the project and is submitting this plan to meet the requirements outlined in AO 2006-38. Speedy resolution of DUI cases, with full attention to the rights of parties and due process, is in the best interest of victims, the public, law enforcement, attorneys, defendants and the court itself. Justice delayed is justice denied, and an efficient system to bring about speedy and proper disposition will reduce the costs and time involved in these cases. In order to improve the processing of DUI cases at the Flagstaff Municipal Court the following plan elements will be implemented: 1. Baseline Information: The case aging report found in Appendix A dated November 16, 2006 will be the baseline measurement for determining the impact of the modification of court procedures of an offense listed in Title 28, Chapter 4, A.R.S. 1. Goal: The goal of implementing these plan elements is to: A. Resolve 90% of DUI cases within 120 days from filing to disposition. B. Resolve 98% of DUI cases within 180 days from filing to disposition. These goals will be met while maintaining the rights of defendants as provided in Rule 8, ARCrP. The measurement of all time frames will exclude time on warrant status. Procedures: The following court procedures will govern this plan: B. The process that allows defendants to request a change of plea shall be available at all times during the courts management of a case. Change of plea hearings will be made available at a moments notice where victim notification is not required. B. In addition to the requirements of Rule 16.5, ARCrP, in cases involving a misdemeanor violation of an offense listed in Title 28, Chapter 4, A.R.S., the court shall hold a pre-trial conference within 30 days of arraignment. Attendance at the pre-trial conference or any case management conference at the date and time scheduled is mandatory upon the defendant, their counsel, if any, and the prosecutors unless extraordinary circumstances exist. If the defendant fails to appear a warrant may be issued.

In cases involving a misdemeanor violation of an offense listed in Title 28, Chapter 4, A.R.S., all court dates shall be considered firm in accordance with this plan. In addition to the requirements of Rule 14.3, ARCrP, the court shall advise the parties of any specific dates set pursuant to Rule 16, ARCrP. The following diagram shows the interrelation of the events established by the court and time frames established for each event. DUI Case Management Plan, Flagstaff Municipal Court Page - 3

B. C. In addition to the requirements of Rule 8.1, ARCrP, beginning with the first pre-trial conference and all subsequent proceedings, both the state and defense (including pro per defendants) shall have their schedules available for the purposes of scheduling firm court dates. The court shall advise attorneys not to create scheduling conflicts by over-scheduling, the court shall provide copies of the continuance policy and forms for the filing of a motion to continue (see plan element #5 and Appendices C and D). B. The court will establish a tickler tracking system for all DUI cases. When a case reaches 90 days from the date of filing (excluding time on warrant status) the case will be pulled for judicial review. At that time the trial judge shall review case progress and evaluate next court dates. The judge may set the case for a status hearing, additional case management conference or expedited trial date if they find it necessary for timely adjudication of a case. B. The court currently receives filings from law enforcement within 24 to 48 hours. The majority of these are received through the Criminal Justice Integration project. We will continue to monitor this process to make sure the court receives filings in a timely manner. B. The court currently requires defendants charged with a violation of an offense listed in Title 28, Chapter 4, A.R.S., to be fingerprinted prior to arraignment as prescribed by A.R.S. 41-1750(U). A copy of the process and information provided to defendants can be found in Appendix B. B. The court shall continue to work with the prosecutors office regarding motions to dismiss. This has not been, nor do we anticipate it will become an issue in violations of offenses listed in Title 28, Chapter 4, A.R.S. 4. Calendaring and Scheduling: The court shall implement the following procedures in it s calendar process: A. Arraignments shall be scheduled within 10 days of charges being filed. B. Pre-trial conferences shall be scheduled within 30 days of arraignment. B. Case management conferences shall be scheduled within 14 days of the first pre-trial conference. B. Non-jury trials shall be scheduled within 30 days of the pre-trial conference. DUI Case Management Plan, Flagstaff Municipal Court Page - 4

B. Jury trials shall be scheduled within 40 days of the first case management conference and a deadline for trial motions shall be set 20 days prior to the trial date. B. Continuances for all court dates shall only be granted within the guidelines established by the courts continuance policy. 4. Continuances: The court will implement the continuance policy as provided in Appendix C. Elements of this policy include the following: B. All motions to continue shall be in writing. B. All motions to continue shall be received by the court not less than five (5) business days prior to the date of the proceeding. DUI Case Management Plan, Flagstaff Municipal Court Page - 5

B. Continuances are not automatic, may not be granted and will only be granted if extraordinary circumstances exist and if the requested delay is indispensable to the interest of justice. B. The court shall provide a form for a motion to continue for pro per defendants (see Appendix D). B. The court will determine the grounds for granting a motion to continue. B. Stipulated continuances will not be automatically granted, but must comply with the continuance policy of the court. B. There is a presumption that no continuances will be granted for pre-trial conferences. 4. Plan Steps: The following steps have been or will be implemented to accomplish the goals set forth in plan element #2. B. Meet with court stakeholders. This was accomplished on October 15, 2007 with representatives from the prosecutors office, municipal court bench and court staff. An outline of the plan was developed and elements of actions to be implemented discussed. B. Develop planning document. A draft of the plan was developed and circulated among the stakeholders for comments, changes and corrections. B. Clean up data reports. New automated system event codes were implemented during the summer of 2007. Older DUI cases were updated with the new codes by November 16, 2007. B. Adopt and submit the plan. On November 19, 2007 the stakeholders approved the plan for submission to Hon. Fred Newton, Presiding Judge, Coconino County. B. Implement the plan. On December 1, 2007 the elements of change to court procedures (plan element #3), calendaring and scheduling (plan element #4) and the continuance policy (plan element #5) are implemented. B. Track impact of the plan. Continue to run case aging reports on at least a monthly basis to review impact of the plan. B. Report. Report to all stakeholders and the Presiding Judge during the next year regarding the impact of the plan as measured against the goals as set forth in plan element #2. Implement modifications to the plan as needed based on feedback from stakeholders and other court users. B. Review. Review impact of the plan in twelve months. Permanently adopt any changes to court operations that were deemed to have a positive impact on the management of DUI cases. DUI Case Management Plan, Flagstaff Municipal Court Page - 6

4. Criminal Justice Coordinating Council: In 2005 the courts in Coconino County participated in the formal establishment of a county-wide Criminal Justice Coordinating Council (CJCC). The CJCC was established to coordinate the efforts of the various agencies of the criminal justice system within the county and includes both appointed and elected officials from Coconino County and the City of Flagstaff. The Flagstaff Municipal Court has been participating in the CJCC since its inception. The court shall continue to be involved with the CJCC and bring forth any issues associated with the implementation of the plan that the CJCC could be influential in resolving. 4. Duration Of The Plan: The plan shall commence on December 1, 2007 and be completed by November 30, 2008. Some or all of the elements of the plan will be permanently implemented by the court dependent on an evaluation of their impact on the time to disposition for an offense listed in Title 28, Chapter 4, A.R.S. DUI Case Management Plan, Flagstaff Municipal Court Page - 7

Appendix A DUI Reports DUI Case Management Plan, Flagstaff Municipal Court Page - 8

Appendix B Fingerprint Procedure DUI Case Management Plan, Flagstaff Municipal Court Page - 9

Coconino County Detention Facility Fingerprint/Photograph Information Sheet You have been ordered by the court to submit to fingerprinting and photographs. Please report to the lobby on the following available times. Please bring with you photo identification and the court order requesting the fingerprints/photographs. Without the identification and order, the detention facility will not be able to process you. Please arrive 10 minutes early so that your information can be prepared in the computer. Fingerprinting/Photographing will only be done from 8:00 am to 9:00 am. Anyone arriving after 8:45 am will be turned away. Monday 8:00 to 9:00 am Wednesday 8:00 to 9:00 am Thursday 8:00 to 9:00 am Friday 8:00 to 9:00 am Saturday 8:00 to 9:00 am Sunday 8:00 to 9:00 am There is a limited amount of time to process people. Please be patient. You will be processed as soon as possible. You will be informed of the amount of time that it will take to process you. Emergencies may occur, in which you may be turned away that day. Please do not wait until the last available day fo fulfill the order of the court. The Coconino County Detention Facility is located at 951 E. Sawmill Road. Please report to the lobby. The closest cross street to Sawmill Road is Loantree Road or Butler Avenue. A map is located on the back of form. Please call (928) 226-5204 for more information. Please fill out the following information. Print Type: OL Cause Number: Original Charge: Date of Prints/Photo: Arresting Agency: Date of Arrest: Last Name: First Name: Middle Name: Date of Birth: Sex: Race: Height: Weight: Hair Color: Eye Color: Scars, Marks, and Tattoos: Citizenship: SSN: Place of Birth: Occupation: Employer Name: Employer Address: Employer Telephone: DUI Case Management Plan, Flagstaff Municipal Court Page - 10

Appendix C Continuance Policy DUI Case Management Plan, Flagstaff Municipal Court Page - 11

Flagstaff Municipal Court Continuance Policy 1 Continuances. In order to provide for the disposition of cases without unnecessary delay, the following guidelines for granting or denying continuances are instituted. 1.1 General. a. In every request for a continuance of any court proceeding a written motion for a continuance shall be received by the court not less than five (5) business days prior to the date of the proceeding. The motion shall state with specificity the reasons justifying the continuance and shall contain a certificate of the signer that the motion is made in good faith. b. A motion for a continuance may be made on a form supplied by the court. Continuances are not automatic and may not be granted. A continuance may be granted only upon a showing that extraordinary circumstances exist and that delay is indispensable to the interest of justice. In ruling on a motion for continuance, the court shall consider the rights of the victim, the defendant, and the state to a speedy disposition of the case, the convenience of witnesses, and possible prejudice to the defendant. Attorneys shall be diligent in avoiding scheduling conflicts by not over-scheduling their calendars and will provide the services of another attorney to the client so as not to delay the proceedings. No request for a continuance may be submitted by facsimile (fax). A copy of all motions for a continuance shall be sent to the opposing party contemporaneously with the transmittal of the motion to the court. 1.2 Grounds for the motion. a. Continuance of the date of the trial will be granted upon a showing of good cause. As provided in Rule 8.5(b) of the Arizona Rules of Criminal Procedure any Motion to Continue must establish the existence of extraordinary circumstances and must justify any delay as being indispensable to the interest of justice for the court to grant the motion. In determining whether extraordinary circumstances exist and a delay is indispensable to the interests of justice, the court will consider the following factors: (1) Were the circumstances cited as reasons for the continuance unforeseeable? (2) Were the circumstances due to lack of preparation? (3) Are the reasons relevant? (4) Is any other party prejudiced? DUI Case Management Plan, Flagstaff Municipal Court Page - 12

(5) Has either party failed to provide requested disclosure in a timely manner? (6) In those cases in which disclosure has not been made, has the aggrieved party filed a motion to compel or motion for sanctions? (7) Has the party requesting the continuance previously been granted a continuance for the same reason(s)? (8) If a witness is "unavailable," has the party requesting the continuance made an effort to subpoena the witness, and will they be available in the future? b. Motions to Continue must set forth grounds with specificity. Motions which contain only conclusive statements such as plea negotiations are ongoing, additional time is needed to prepare for trial or investigate the matter, or that all witnesses have not been interviewed will be denied. c. Any Motion to Continue that is filed in an untimely manner under this Rule will be denied unless the motion sets forth with specificity the reason for filing the motion within five (5) days of the trial. d. Counsel or party should indicate in the motion whether the opposing party objects to the motion. If counsel or party fail to so state, the court may hold the motion to allow the opposing party to respond in writing. e. Pursuant to Rule 8.2(e) of the Arizona Rules of Criminal Procedure, the court may permit a one time continuance of a trial based upon the stipulation of the parties. Stipulated continuances will not be automatically granted, but must still comply with the requirements set forth herein. 1.3 Continuances of the pre-trial conference. There is a presumption that no continuances will be granted for a pre-trial conference. A single continuance of the pretrial conference may be granted upon a showing of good cause. The motion shall state with specificity the tasks required to be accomplished before a decision may be made on the plea offer by the state and shall specify the amount of time needed to accomplish the tasks. The continuance shall be no longer than is necessary to accomplish the tasks that constitute the grounds for the motion for continuance, in any event no longer than fifteen (15) days. 1.4 Calendar conflicts. If the grounds for the request is a trial conflict with another court, full details as to the trial must be provided to the court in the Motion for Continuance. If the grounds for the request for a continuance is a conflict with a proceeding other than a trial full details shall be provided to the Court. Pursuant to Rule 8.1(a) of the Arizona Rules of Criminal Procedure criminal trial settings will take precedence over civil matters. DUI Case Management Plan, Flagstaff Municipal Court Page - 13

1.5 Rule 8 time limits notification. Counsel's duty pursuant to Rule 8.1(d) of the Arizona Rules of Criminal Procedure to advise the court of the pending expiration of time limits may be discharged by providing the court and the opposing party with notice of the anticipated expiration of the pending time limits up until ten (10) business days before the actual expiration of time limit. DUI Case Management Plan, Flagstaff Municipal Court Page - 14

Appendix D Motion to Continue Form DUI Case Management Plan, Flagstaff Municipal Court Page - 15

INSTRUCTIONS FOR FILING A MOTION TO CONTINUE Notice to defendants: Motions to continue are not automatically granted. Your court date is still valid unless you have received a decision by the judge in your case to allow it to be continued. Failure to appear at court dates may result in a warrant being issued for your arrest. STEP 1 Fill in all applicable information on the form then sign, copy and file with the Court. STEP 2 To file, you must submit the completed form to the Court by mail or in person. (No faxed copies will be accepted.) STEP 3 If filing in person, bring the completed form to the Court, submit it to a clerk for date stamp or drop it in the drop box at the entrance to Court. If leaving in the drop box the motion will not be received by the Court until the following business day. The Judge s ruling will be returned to you by mail (If filing a criminal motion, a copy must be submitted to the Prosecutor s Office). If filing by mail, send the original to the Flagstaff Municipal Court at 15 North Beaver Street, Flagstaff, AZ 86001. The Judge s ruling will be returned by mail (If filing a criminal motion, a copy must be sent to the Flagstaff City Prosecutor s Office at 211 West Aspen, Flagstaff, AZ 86001). DUI Case Management Plan, Flagstaff Municipal Court Page - 16

STATE OF ARIZONA, Flagstaff Municipal Court Coconino County, State of Arizona vs. Name (Defendant) Address Case #: Motion to Continue City State Zip Telephone Motion filed by: (If other than defendant) Pursuant to Arizona Rules of Criminal Procedure, Rule 8.5, the undersigned respectfully requests this Court to continue, for days, the (Not more than 30) (Name of court hearing) scheduled for at a.m./p.m. (Date) (Time) The undersigned avows the continuance is not for the purpose of delay and is made in good faith. Reason for continuance (Be as specific as possible, otherwise the motion to continue will be denied): A delay is indispensable to the interests of justice. As the following circumstances exist to necessitate a continuance: DUI Case Management Plan, Flagstaff Municipal Court Page - 17

UNDER PENALTY OF PERJURY, I declare that I have examined the above statement(s) made by me and to my knowledge and belief, each and all are true and correct. Signature Date DUI Case Management Plan, Flagstaff Municipal Court Page - 18