Criminal Court Operations & Jury Process

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1 Florida Court Clerks & Comptrollers New Clerk Academy Criminal Court Operations & Jury Process February 25-28, 2013 Hilton University of Florida Conference Center 1714 SW 34th Street Gainesville, Florida (352)

2 Monday, February 25 Alachua County Courthouse, 200 South Main Street, Jury Assembly Room, 1 st Floor, Gainesville 1:20 p.m. 3:00 p.m. Overview of Florida's Court System and the Role of the Clerk Discussion of the role the Clerks/Comptrollers play in the day-today operation of the court system, as well as their role owiththe judicial partners. Speakers: Hon. J.K. Buddy Irby, Clerk of Court, Alachua County William P. Cervone, State Attorney, Eighth Judicial Circuit Stacy A. Scott, Public Defender, Eighth Judicial Circuit 3:20 p.m. 5:00 p.m. Tour of Alachua County Courthouse 6:30 p.m. Dinner at Napolatano s, 606 NW 75th Street, Gainesville Tuesday, February 26 Hilton University of Florida Conference Center 7: 30 a.m. 8:20 a.m. CONTINENTAL BREAKFAST THE ADULT CRIMINAL PROCESS Panel: Hon. Donald Barbee, Esq., Clerk of Court, Hernando County Gypsy Bailey, Esq., Staff Counsel/Director of Courts, Leon County Clerk s Office Jean Sperbeck, Esq., Staff Counsel, Alachua County Clerk s Office 8:20 a.m. 9:15 a.m. Investigation stage, arrest and 1 st Appearance Subpoenas, Search Warrants Arrest Warrants v. Capias Probable Cause Affidavits Role of the 1 st Appearance Clock, docket and file Indigence application forms Posting bond difference between surety, cash and property bonds 2

3 Tuesday, February 26 cont. d THE ADULT CRIMINAL PROCESS cont. d 9:15 a.m. 10:00 a.m. Charging and diversion process, appointment of counsel Information v. indictment Pretrial intervention and diversion programs Notice of Appearance by Attorneys 10:00 a.m. 10:20 a.m. MID-MORNING BREAK 10:20 a.m. 11:30 a.m. Arraignments, Motions, and Pre-trial Events Arraignments Motions and Competency Matters, interlocutory appeals Bonds longer discussion about forfeiture, remission, DFS audit, Best Practice 11:30 a.m. 12:00 p.m. Trials and the Disposition of Criminal Cases Pleas Nolle prosequi v. No Information Steps of a Criminal Trial Evidence and Jury Tracking 12:00 p.m. 1:00 p.m. LUNCH PROVIDED 1:20 p.m. 2:10 p.m. Sentencing Issues Presentence Investigation Capital v. non capital sentencing DOC packets Collection of court costs and fines, payment plans, distribution Sealing & expunging 3

4 Tuesday, February 26 cont. d 2:10 p.m. 3:00 p.m. Post-Conviction Violations of Probation Lunsford Act Motions for new trial Post-conviction motions Notice of Appeal 3:00 p.m. 3:20 p.m. MID-AFTERNOON BREAK 3:20 p.m. 5:oo p.m. The Juvenile Criminal Process: A General Process Review, including Clerk Responsibilities to address Warrants, Detention, Arraignment, Diversion, Petitions, Hearings, Trial, Disposition, Adjudication, Commitment. Speakers: Sandy Chavis, Juvenile Delinquency Clerk, Lake County Clerk s Office Pat Widmann, Supervising Deputy Clerk Circuit Criminal, Lake County Clerk s Office ***DINNER ON YOUR OWN*** Wednesday, February 27 Hilton University of Florida Conference Center 7: 30 a.m. 8:20 a.m. CONTINENTAL BREAKFAST 8:20 a.m. 10:00 a.m. Larger Issues Associated with the Criminal Process: Records of the Court Confidentiality of Records; Move from Paper to Electronic; Redaction; Office Policies and Procedures; Collections Process/Court Speakers: Gypsy Bailey, Esq., Staff Counsel/Director of Courts, Leon County Clerk s Office Katherine P. Glynn, Esq. Staff Attorney, Marion County Clerk s Office 10:00 a.m. 10:20 a.m. MID-MORNING BREAK 4

5 Wednesday, February 27 cont. d 10:20 a.m. 12:00 p.m. Jury Selection & Management Issues General information; difference between petit and grand juries; chapter 40 and Clerk v. court admin responsibilities; discussion of effective jury management to save juror compensation and minimize juror inconvenience Speaker: Hon. Angela Vick, Clerk of Court, Citrus County Kathy Davis, Chief Deputy of Court Services, Citrus County Clerk s Office Joyce Hannah, Court Services Liaison, Citrus County Clerk s Office 12:00 p.m. 1:00 p.m. LUNCH PROVIDED 1:20 p.m. 3:00 p.m. Large and High Profile Cases Grand Juries and the Press: What happens when a high profile case comes to your courthouse? Lessons learned from recent cases. Speakers: Hon. J.K. Buddy Irby, Clerk of Court, Alachua County Hon. Lydia Gardner, Clerk of Court, Orange County Hon. Stan R. Morris, Senior Judge, Eighth Judicial Circuit, Alachua County 3:00 p.m. 3:20 p.m. MID-AFTERNOON BREAK 3:20 p.m. 5:00 p.m. Statutorily Mandated Reporting to include SRS/OBTS (adult and juvenile); Jury/Witness/Grand Jury; Drug/Alcohol (adult and juvenile); Mental Competency; TCATS; Sexual Predator; FWC; Post Conviction; Juvenile Delinquency Speakers: Hon. Alex Alford, Clerk of Court, Walton County Hon. Linda Doggett, Clerk of Court, Lee County ***DINNER ON YOUR OWN*** 5

6 Thursday, February 28 Hilton University of Florida Conference Center 7: 30 a.m. 8:20 a.m. CONTINENTAL BREAKFAST 8:20 a.m. 10:00 a.m. Evidence Handling and Management Speaker: Hon. Paula O Neil, Ph.D., Clerk of Court, Pasco County Nikki Alvarez-Sowles, Esq., Chief Operations Officer, Pasco County Clerk s Office Manny Long, Director of Records Division, Pasco County Clerk s Office 10:00 a.m. 10:20 a.m. MID-MORNING BREAK 10:20 a.m. 11:20 a.m. Partnership with Florida Department of Law Enforcement (FDLE) on Record Retrieval This presentation will offer an overview of the Florida Computerized Criminal History (CCH) System. The Clerks of Court play a critical role in maintaining the accuracy and completeness of the 6.1 million subject records in CCH. Other FDLE services and statutorily mandated reporting will be reviewed. Speaker: Renee Strickland, Disposition Supervisor, Florida Department of Law Enforcement 11:20 a.m. 12:00 p.m. LUNCH PROVIDED 1:00 p.m.. 5:00 p.m. Columbia or Lake County Courthouse Tour 6

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