Serving Flagler, Putnam, St. Johns and Volusia Counties

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

FM-2010-049-SC

IN THE CIRCUIT COURT OF FLORIDA, EVENTH JUDICIAL CIRCUIT IN AND FOR FLAGLER, PUTNAM, ST. JOHNS AND VOLUSIA COUNTIES

Re: ASSIGNMENT OF TRAFFIC CASES INVOLVING JUVENILES

Ref: FM-2010-049-SC (Rescinds H-88-23)

WHEREAS, the prompt and efficient administration of justice in the Seventh Judicial Circuit requires the establishment of procedures governing the assignment of traffic cases involving juveniles, and

WHEREAS, the Fifth District Court of Appeal has provided some guidance concerning the proper assignment of juvenile traffic cases in State v. W.W. (a child), 16 So.3d 305;

NOW THEREFORE, I, J. DAVID WALSH, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order that traffic cases involving juveniles be assigned to circuit and county court judicial divisions by the clerks of court in accordance with the following:

  1. In instances where a juvenile is alleged to have committed a misdemeanor criminal traffic offense only, said traffic case is to be assigned to a County Court judge hearing such matters.
  2. In instances where a juvenile is alleged to have committed a civil traffic infraction only, said infraction is to be assigned to a County Court judge hearing such matters.
  3. In instances where a juvenile is alleged to have committed a misdemeanor criminal traffic offense arising out of the same episode as a delinquent act (felony or misdemeanor), said traffic offense is to be assigned to a Circuit judge hearing juvenile delinquency matters.
  4. In instances where a juvenile is alleged to have committed a civil traffic infraction arising out of the same episode as a delinquent act (felony or misdemeanor), said traffic infraction is to be assigned to a Circuit judge hearing juvenile delinquency matters.

IT IS FURTHER ORDERED that administrative order H-88-23 is hereby rescinded.

TO BE RECORDED in Flagler, Putnam, St. Johns & Volusia counties.

DONE AND ORDERED in Daytona Beach, Volusia County, Florida this 20th day of September 2010.

/s/ J. David Walsh
J. David Walsh
Chief Judge

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Serving Flagler, Putnam, St. Johns and Volusia Counties