Serving Flagler, Putnam, St. Johns and Volusia Counties

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

CR-2018-048-VL

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

Re: First Appearance Docket

Ref: CR-2018-048-VL

WHEREAS, judges conduct first appearance proceedings every day of the year, and

WHEREAS, a review of first appearance dockets has revealed that individuals routinely appear on dockets who have already had a first appearance hearing and/or are not legally required to have one, and

WHEREAS, the amount of time devoted to first appearance hearings has risen to a level whereby the undersigned finds it necessary to limit first appearance dockets by removing certain cases from it;

NOW THEREFORE, I, RAUL A. ZAMBRANO, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that effective December 3, 2018, individuals incarcerated solely for the following reasons are to no longer be placed on First Appearance dockets, provided that is the only reason for his/her incarceration:

    1. Bond surrenders– Cases in which a defendant has previously been released from incarceration by virtue of a surety bond subsequent to first appearance, and the bondsman decides to curtail the contractual relationship and “surrenders” the defendant to the jail.  Unless the judge to whom the case is assigned has entered an order revoking the defendant’s release, the bond amount originally set upon the defendant’s arrest, or at first appearance following arrest, is to be reinstated.

 

    1. Bond revocations– Cases in which a defendant has previously been released from incarceration by virtue of posting a bond or through any other means, and the judge to whom the case is assigned enters an order revoking the defendant’s release.

 

    1. Parole Violators– Cases in which a defendant is awaiting a hearing on a violation of parole or other form of release from state prison.

 

    1. Contempt of Court hearings for Baker or Marchman Acts- Cases in which an individual is incarcerated on a civil contempt of court warrant pursuant to Chapters 394 and 397, Florida Statutes.  In these instances, upon such an individual’s entry into the jail, booking personnel are to promptly notify Clerk of Court personnel, who are to then schedule the case for hearing before the judge to whom the case is assigned.  The affected individual is to be transported forthwith to the judge to whom the case is assigned for a hearing on the civil contempt of court.

 

    1. Treatment court sanction warrants– Cases in which a defendant/participant in a treatment court program (Drug Court, DUI Court, Veterans’ Court) has received a short jail sentence as a sanction, provided that the length of incarceration is clearly stated on the warrant and language such as “COURT SANCTION:  NO FIRST APPEARANCE NECESSARY” appears on the warrant.  In instances in which a treatment court defendant has absconded from supervision and is booked into jail on a “NO BOND” warrant, booking personnel are to promptly notify Clerk of Court personnel, who are to then schedule the case for hearing before the judge to whom the case is assigned.  The defendant is to be transported forthwith to the judge to whom the case is assigned for a hearing on the warrant.

 

  1. Writs of Bodily Attachment– Cases in which an individual is incarcerated on a civil contempt of court warrant for failure to pay child support pursuant to Rule 12.615, Florida Family Law Rules of Procedure.  In instances in which an individual is booked into jail on a warrant issued by a judge in a Volusia County case, booking personnel are to promptly notify Clerk of Court personnel, who are to then schedule the case for a hearing before a magistrate, hearing officer, or judge within 48 hours.  If the individual does not post the cash bond purge amount prior to his/her hearing, he/she is to be transported forthwith for a hearing on the civil contempt of court warrant.In instances in which an individual is booked into jail on a warrant issued by a judge in a case outside of Volusia County, booking personnel are to promptly notify personnel in the originating county of the execution of the warrant.  If the individual has no outstanding local charges, or, after the local charges have been resolved, the individual is to be released on his/her own recognizance without further order of the Court if the originating county does not appear to retrieve the individual within 48 hours of being notified.

TO BE RECORDED in Volusia County, Florida.

DONE AND ORDERED in DeLand, Volusia County, Florida this 6th day of October 2018.

/s/ Raul A. Zambrano
Raul A. Zambrano
Chief Judge

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Serving Flagler, Putnam, St. Johns and Volusia Counties