COMMONWEALTH of V1RQ1N1A

Transcription

1 THOMAS P. SOTELO CHIEF JUDGE GAYL BRANUM CARR KiMBERLY J, DANIEL GLENN L CLAYTON III HELEN LEINER JANiNE M. SAXE TODD G. PETIT JUDGES COMMONWEALTH of V1RQ1N1A JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT 19 TH JUDICIAL DISTRICT 4110 CHAIN BRIDGE ROAD -THIRD FLOOR FAIRFAX, VA TEL; (703) FAX #: (703) BARBARA S, MORAN CLERK OF COURT FRANK L, DEIRHOI JANE P, DELBRiDGE MICHAEL J. VALENTINE TEENAD. GRODNER RETIRED JUDGES ARNOLD B, KASSABIAN PHILIP N. BROPHY September 26, 2017 Fairfax Bar Association 4110 Chain Bridge Road, Suite 216 Fairfax, Virginia Re: Notice of Docket and Other Changes Effective November 1, 2017 Dear Members of the Fairfax Bar Association: As represented in my address to you in late 2016 regarding the state of the Fairfax County Juvenile and Domestic Relations District Court, the Court undertook a comprehensive review of the docket this year. The Court's review was data driven with the goal of adjusting the docket to provide for additional civil hearing hours and to reduce the number of civil cases which require a final hearing before the Court. As a part of the effort, the Court sought and received input from various stakeholders (the FBA's Juvenile and Domestic Relations Court Committee; the office of the Commonwealth's Attorney; the office of the Public Defender; DCSE; the Clerk's Office; and, the Court Services Unit). To help achieve those goals, the Court will implement a comprehensive set of docket changes, effective November 1,2017. All docket changes will be implemented by May 1, Attached are the Court's revised Classification and Scheduling of Criminal, CHINS, Civil, Abuse/Neglect Cases and Capias Cases and Docketing by Case Types/Tasks for your review. Highlights include the following: - Reducing CHINS (child in need of services/child in need of supervision) docket to lx (60 Mins from 9:00 am to 10:00 am) every three weeks per judge and allocating leftover CHINS docket time to other case types; - Starting (civil status hearing) docket at 9:00 am as opposed to 10:00 am and adding a half-day docket per month for a total of 1.5 days per month; - Starting IND (civil trial/hearing) docket at 9:00 am as opposed to 10:00 am; - Eliminating the MISD (misdemeanor) docket at 9:00 am. Arraignments/Bond hearings will remain at 9:00 am;

2 - Moving the traffic/marijuana docket to what is now the 9:00 am MISD (misdemeanor) docket time. The change will ensure that two judges are available to hear traffic cases daily. The Commonwealth's Attorney will not be involved in traffic cases except to the extent that an officer requests their involvement and the Commonwealth's Attorney agrees to become involved, which is current policy; - Adding a half-day of TSH (DCSE trial docket) per month for a total of 1.5 days dedicated to DCSE matters (.5 day of DCSE (status hearing) docket and 1.0 days of TSH (trial docket)); - Creating an uncontested motions docket from 9:00 am to 10:00 am every Wednesday with the contested motions docket to remain starting at 10:00 am; and - Reducing the number of juvenile operator licensing ceremonies to two per week as opposed to three per week. In an effort to reduce the number of cases which require a contested final hearing, the Court Services Unit will implement the Fairfax County Juvenile and Domestic Relations District Court Mediation Program, effective November 1,2017. Current statewide data suggests that a high percentage cases referred to mediation settle without necessity of a contested court hearing. Statewide data also suggests that those parties who attend the parent education seminar prior to the mediation orientation session resolve their disputes at an even higher rate. While the Court Services Unit currently offers mediation services, the new program will contain more organizational structure and, will also include outside mediation service providers. Any party filing a custody/visitation/support case(s) through the assistance of Domestic Relations Services of the Court Services Unit shall be referred by Order to attend the parent education seminar and a dispute resolution orientation session at the time of filing with the Court, except those cases screened out due to any active preliminary protective order/protective order, or history of family abuse, or DFS involvement. Further, the Court will not set civil matters for hearing/trial in excess of three (3) hours, except for good cause. As we move forward, the Court will continue to evaluate other changes (for example, a calendar control judge; model discovery/stipulations; etc.). The Court will also review all changes in May 2018 for consideration of any needed modifications. The Court is committed to reducing the total time between the filing date and a final hearing in a civil matter to six (6) months or less. With the funding of the authorized 8 th judgeship and the implementation of the changes set forth above, the Court is confident that the goal can be achieved and tha have any questions, problem: Attachments

3 Classification and Scheduling of Criminal, CHINS, Civil, Abuse/Neglect and Capias Cases {Effective 11/1/17) Adult Cases Classification Type/Task Schedule Advisement (See Advisement Memo for details) AAH Every Friday at 10:00am Misdemeanors (except sex offenses under SX below) MISD 10:00,11:00 AM daily (If there is more than one charge and at least one charge is a felony, set on Felonies/Preliminarv Hearines (except SX below) FEL 1:30 PM daily (If there Is more than one charge and at least one charge is a felony, set on Sex Offenses SX 10:00,11:00 AM (1st & 4th Thursday each month) (Adult charged with sexual offense against a juvenile) Criminal Arraignments ARBD 9:00 AM daily Criminal Bond Motions ARBD 9:00 AM daily Motions (Criminal) CRIM 3:00 PM daily Competency Reviews CRIM 3:00 PM with the judge who ordered the evaluation. Case remains as CaDias & Rule to Show Cause "status" until competency restored (no witness subpoenas). A. Criminal CRIM 3:00 PM daily (with the Judge who sentenced or entered the order to be B. Civil enforced or alleged to be ) 1. Child Support/Spousal Support DCSE DCSE (9:00,10:00,11:00 AM) if DCSE involved, with Judge who entered the Order to be enforced or alleged to be TSH TSH (9:00 AM-12:00 PM or 1:30-4:00 PM) if DCSE involved and trial time is needed, with Judge who entered the Order to be enforced or alleged to be (9:00 AM-12:00 PM, 1:30-3:50 PM) if DCSE not involved, with Judge who entered the Order to be enforced or alleged to be 2. Abuse/Neglect CHAM 9:00 AM-12:00 PM, 1:30-3:00 PM with Judge who entered the Order to be enforced or alleged to be 3. Protective Orders (9:00 AM-12:00 PM, 1:30-3:50 PM)with Judge who entered the Order SuDDort to be enforced or alleged to be a) New Petitions DCSE DCSE (9:00,10:00,11:00 AM) if DCSE involved,set by Judge rotation (9:00 AM-12:00 PM, 1:30-3:50 PM) if DCSE not involved,set by Judge rotation b) Petitions to Modify Prior Orders DCSE DCSE (9:00,10:00,11:00 AM) if DCSE involved,with Judge who entered the Order to be modified (9:00 AM-12:00 PM, 1:30-3:50 PM) if DCSE not involved,with judge who entered the Order to be modified c) Trials TSH TSH (1:30-4:00 PM) if DCSE involved and trial time is needed, with Judge who heard the status hearing IND IND (10:00 AM-12:00 PM, 1:30-4:00 PM, 9:00-10:00 limited availability) with Judge who heard the status hearing Protective Orders CHAM 9:00 AM-12:00 PM, 1:30-3:00 PM)daily a) Request to Modify/Terminate - Civil MO 10:00 AM Wednesdays b) Requests to Modify/Terminate - Criminal (issued as part of a criminal case) CRIM 3:00 PM daily

4 Classification and Scheduling of Criminal, CHINS, Civil, Abuse/Neglect and Capias Cases (Effective 11/1/17) Juvenile Cases Classification Type/Task Schedule Advisement (See Advisement Memo for details) JAH 10:00 AM, Alternating Tuesday & Thursday CHINS (Services/SuDervision/Truancyl CHIN 9:00-10:00 AM, 2 days per month per judge-if case is set from detention hearing, set with judge who heard detention hearing Tobacco CHIN 9:00-10:00 AM, 2 days per month per judge Traffic TRF 9:30 AM (set with judges hearing criminal dockets only), daily Mariiuana MISD 10:00,11:00 AM daily Criminal (Delinquency) a) Detention Hearings/Reviews DHRV 1:35 PM daily b) Misdemeanors MISD 10:00,11:00 AM daily (If there is more than one charge and at least one charge is a felony, set on c) Felonies FEL 1:30 PM daily d) Motions CRIM 3:00 PM daily e) Dispositions/Sentencings CRIM 3:00 PM daily Probation Violations a) CHINS CHIN 9:00 AM with Judge who entered the Order alleged to be b) Criminal MISD 10:00,11:00 AM daily with judge who entered the Order alleged to be Capias & Rule to Show Cause a) CHINS (including Tobacco) CHIN b) Criminal (including marijuana) CRIM Abuse/Neglect Petitions 9:00 AM with Judge who entered the Order to be enforced or alleged to be 3:00 PM with Judge who entered the Order to be enforced or alleged to be A. 5-Day Hearing CHAM 9:00 AM -12:00 PM, 1:30-3:00 PM daily B. Merits Hearing (30 days) CHAM Set with Judge who heard evidence at 5-Day hearing. If no evidence heard at 5-Day hearing, case may be set with a different judge to satisfy the 30- day hearing requirement. C. Dispositinal Hearing (60 days) IND (or CHAM) Set with Judge who heard merits hearing. D. Foster Care Reviews (6 months/annual) IND Set with Judge who heard disposition hearing. E. Permanent Planning/Termination IND Set with Judge who heard disposition hearing. Custodv/Visitation a) New Petitions (9:00 AM-12:00 PM, 1:30-3:50 PM) set by Judge rotation or with Judge who reviewed transfer/remand order b) Petitions to Modify Prior Orders (9:00 AM-12:00 PM, 1:30-3:50 PM) set with Judge who entered previous order c) Trials IND IND (10:00 AM-12:00 PM, 1:30-4:00 PM, plus 9:00-10:00 AM on certain days) Protective Orders CHAM Same as for Adults SETTING ADJUDICATORY HEARINGS ON CRIMINAL CASES (to allow for service of notice & subpoenas) Detained Juvenile Cases: Mo earlier than 15 days after detention hearing (15-21 days after detention hearing) Non-Detained Juvenile Cases: No earlier than 30 days after arraignment/detention hearing/advisement hearing

5 Docketing by Case Types/Tasks Tvoe/Task Hearing Times Default Times IND (Individual Judge's Docket) (Status Hearing-Individual w/ no DCSE) DCSE (Status Hearing - DCSE Involved) TSH (Trial time for DCSE) CHIN (CHINS/Truancy/Other Status Offenses, incl. tobacco - 2) MO (Wednesday Civil Motions) MOU (Wednesday Civil Motions - Uncontested) CHAM (Chambers Judge: A/N, P/O, Emergencies) ARBD (Adult Arraignments/Bond Motions) DHRV 9:00 AM-4:00 PM AMOUNT OF TIME NEEDED TO HEAR CASE 9:00 AM - 3:50 PM (one day per month) 10 min. 9:00 AM -12:00 PM or 1:30-3:50 pm (one day per month) 9:00 AM, 10:00 AM, 11:00 AM 6 min. 9:00 AM -12:00 PM (one day per month) AMOUNT OF TIME NEEDED TO HEAR CASE 9:00 AM -12:00 PM or 1:30-4:00 PM (one day per month) 9:00 AM -10:00 AM (two days/mo.) 10 min. 10:00 AM - 4:00 PM 1 min. 9:00 AM - 10:00 AM 1 min. 9:00 AM-3:00 PM 3:00 PM -4:00 PM (Ex Parte PPO only) 30 min. 1 min. 9:00 AM 1 min. (Juvenile Detention Hearings/Reviews) 1:35 PM 1 min. MISD 10:00 AM, 11:00 AM 12 min. (Misdemeanor) FEL (Felony) 1:30 PM - 3:00 PM 10 min. CRIM 3:00 PM-4:00 PM 10 min. (Criminal Motions, Probation Violations, SCR & Capias with underlying criminal charge) SX (Adult felony sex cases with juvenile victimslst & 4th Thursdays) AAH (Adult Advisement Hearings) JAH (Juvenile Advisement Hearings) TRF (Traffic) 10:00 AM, 11:00 AM 20 min. 10:00 AM 1 min. 10:00 AM 1 min. 9:30 AM (as part of the 9:00 AM MISD dockets) 1 min.