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THE
NEW DISTRICT COURT FOR THE |
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| There is a new procedure
in which the district attorney’s office will be handling court. Starting
January 2, 2002 district court will be different. All new criminal cases,
including new felonies, will now go through an administrative court. This
courtroom will be located in courtroom 2-C in the New Guilford County Courthouse.
Law enforcement officers are not required to attend administrative court.
The purpose of this court is to handle all the paperwork that usually went
on in the morning of every courtroom. In this setting, defendant’s
can enter pleas, request continuances, or request public defenders. Once
all the administrative matters are completed, the ADA assigned to that courtroom
will set the cases on the law enforcement officer’s next court date,
either in courtroom 2-G or 2-A. Court will start at 8:30am with the judge
taking the bench at 9:00am. All criminal courts will begin at 8:30am effective
January 2, 2002. Back to the Top |
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| Since 2-C will no longer
handle the minor traffic offense as before, those cases will be moved to
the magistrates courtroom in courtroom m215. Again, officers are not required
to attend this court. The court procedure is the same as before except we
are moving the courtroom. In that courtroom, there will be an ADA and a
magistrate. Court will start at 8:30am. Back to the Top |
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| On Mondays, Wednesdays,
and Fridays, administrative court will be running from
8:30am to 12:30pm. On Tuesdays and Thursdays,
felony day will be taking place from 8:30am to 12:30pm.
First appearances will remain in 2-C starting at 2:00pm
five days a week. Back to the Top |
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| There will be a new procedure
as to how cases will be set. We ask that when an arrest is made or a citation
is written for any criminal matter (i.e. trespasses, assaults, DWI, DWLR,
C&R, misd. Drugs, nonwaiveable driving offenses) that the charging officer
do the following:
1. Once a charge is made, set the defendant’s court date fifteen (15) days away to the next available Monday, Wednesday, or Friday of that week. 2. Be sure to turn all citations into the Clerk of Superior Court within three (3) working days before the defendant’s court date. The reason we ask to set the dates so soon is to be able to control the docket and free up officer’s time. The ADA will be able to control the dockets by setting the cases on the officer’s court date after the administrative setting. This will free up officer’s time, because the new admin court will take all guilty pleas and first offenders therefore the only matters that will be set are trials in the other courtrooms (2A & 2G). If the officer is not needed in 2A & 2G, then the officer will be released. With the new system officers will be released quicker. WHAT ABOUT THE NEW MAGISTRATE COURT? Remember this court will run like the old traffic administrative court. This means when defendants are charged with the waiveable traffic offenses, NOLs, inspections, registrations, etc. just do the following: 1. Put these cases on your regular court date, unless the defendant is charged at the same time with a nonwaiveable traffic offense. 2. Put at the top of the citation m215 to let the public know to go to the magistrate’s courtroom starting January 2, 2002. Remember for the minor traffic offenses we are just moving the courtroom not the procedure. NOTE: PLEASE KEEP ALL CHARGES
TOGETHER. DO NOT GIVE A WRITTEN PROMISE TO APPEAR AT THE SAME TIME THE
DEFENDANT IS BEING PLACED INTO CUSTODY FOR SOMETHING ELSE. |
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| Now felony day will be on
Tuesday and Thursday mornings from 8:30am to 12:30pm in courtroom 2-C. Basically,
we are cutting the day (that used to be every Wednesday) in half. This gives
us an extra day of criminal court in 2-A. The responsibility of setting
these cases fall on the magistrates and the DA’s office.
When a felony is charged, the magistrate should put the court date fifteen (15) days on the first Monday, Wednesday, or Friday. If defendant has no other pending felonies the DA will set ninety (90) days to be screened provided the defendant is not in custody. If the defendant has a first
appearance, it will be up to the ADA, in courtroom 2-C, to make sure the
court date is on the first Tuesday or Thursday four weeks after arrest. |
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| If the defendant fails to
appear on admin day, one of two options must occur:
1. If the defendant is arrested for the failure to appear and he/she are unable to post a bond, then the administrative process will take place at the defendant’s first appearance. 2. If the defendant is given
a written promise to appear or posts a bond, the next court date should
be the first available administrative court date. |
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| This new system is designed to make
court more efficient in getting cases heard and keeping dockets under control.
It is going to take patience and teamwork for this to be a success. There
will be kinks to work out but in time it will be a good system for all of
us.
On behalf of the District Attorney’s Office, I would like to thank everyone for their input and cooperation. I look forward to a great year in District Court. R. Stuart Albright |
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