Serving Flagler, Putnam, St. Johns and Volusia Counties

Serving Flagler, Putnam, St. Johns, and Volusia Counties

CR-2017-009-VL

IN THE CIRCUIT COURT OF FLORIDA, SEVENTH JUDICIAL CIRCUIT IN AND FOR VOLUSIA COUNTY

Re: First Appearances / Jail Arraignments / And Other Related Proceedings

Ref: CR-2017-009-VL

WHEREAS, it has been determined that procedural changes regarding the scheduling of First Appearances, Jail Arraignments, and related proceedings are necessary;

NOW THEREFORE, I, TERENCE R. PERKINS, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that First Appearances and Jail Arraignments are to be scheduled as follows:

  1. Non-holiday weekday First Appearance hearings will commence at 1:30 p.m. at the Volusia County Branch Jail.
  1. Weekend and holiday First Appearance hearings will commence at 8:30 a.m. at the Volusia County Branch Jail.
  1. Jail Arraignment hearings will be conducted on non-holiday weekdays only and will commence immediately following First Appearance hearings.
  1. The non-holiday weekday Jail Arraignment docket will consist of cases wherein at least one misdemeanor offense or ordinance violation (excluding assault, domestic violence assault, battery, domestic violence battery, stalking and violation of injunction for protection) is open and pending against an arrestee who remains in custody at least three (3) calendar days after a First Appearance hearing.  Said arraignments will be conducted on all non-holiday weekdays.
  1. The maximum number of arrestees set on a weekday Jail Arraignment docket will be 35.  When the number of arrestees eligible for a Jail Arraignment docket exceeds 35, hearings will be set according to the date and time of the arrestees’ booking (earliest date and time first).  Subsequent eligible arrestees (those in excess of 35) will be placed on the next Jail Arraignment docket.
  2. Waiver of Extradition hearings will be conducted at the Volusia County Branch Jail on non-holiday weekdays only and will commence at the discretion of the presiding judge.
  3. Juvenile Detention hearings will be conducted at the Volusia County Branch Jail on weekends and holidays.  On rare occasions, with the concurrence of the judge presiding at First Appearances, non-holiday weekday Detention hearings may also be conducted at the Volusia County Branch Jail.
  4. Juvenile Dependency Shelter hearings will be conducted at the Volusia County Branch Jail on weekends and holidays.  On rare occasions, with the concurrence of the judge presiding at First Appearances, non-holiday weekday Shelter hearings may also be conducted at the Volusia County Branch Jail.

IT IS FURTHER ORDERED that in cases where a First Appearance hearing is conducted in which an arrestee is accused of committing at least one misdemeanor assault, domestic violence assault, battery, domestic violence battery, stalking and/or violation of injunction for protection offense, and said arrestee remains in custody, an arraignment hearing will be scheduled before the assigned judge no less than ten (10), but no more than sixteen (16), calendar days after said arrestee’s First Appearance hearing.  Said arraignments will be conducted at a location determined by the assigned judge.

TO BE RECORDED in Volusia County, Florida.

DONE AND ORDERED in Daytona Beach, Volusia County, Florida this 30th day of June 2017.

/s/ Terence R. Perkins
Terence R. Perkins
Chief Judge

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Serving Flagler, Putnam, St. Johns and Volusia Counties