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RULE 15
Rule 15
CASE ASSIGNMENT CONSOLIDATION, AND TRANSFER
(C) When a plea of NG is entered, the AC will assign the case to a
specific judge except:
(1) If ! has LINK, the new case shall be assigned to the “Link
Judge.” A Link Judge is established by an open probation file.
The Link Judge will not change until all probation supervision
matters for a defendant are terminated.
(2)
LINK CREATION
When D is found guilty and placed on probation or CSPP, a LINK will be made between
the D and the sentencing judge for the duration of probation, or until CSPP is
completed.
ISSUE: Strict reading of rule dictates that CSPP for fines/costs/fees should not create a
link. LINK is created (1) when D is found guilty, and (2) placed on probation or CSPP.
Meaning at the time of sentencing. Not at any point when probation or CSPP is ordered.
ISSUE: An order for CSPP on costs/fees owed on a dismissed case should not create a
LINK, because (a) D was not found guilty, and (b) wasn’t ordered at the sentencing
stage.
Rule 15
CASE ASSIGNMENT CONSOLIDATION, AND TRANSFER
(C) In criminal and traffic cases, when a plea of not guilty is entered, the
assignment commissioner will randomly assign the case to a specific
judge except:
(2) If the defendant is not on probation supervision and any other
assigned case is pending involving the same defendant, the
assignment office shall assign the new case to the judge with
the oldest pending case as determined by the file stamp date.
ISSUE:Define pending. Pending include assigned case plead to but
awaiting sentencing? Pending include assigned BW’s? CDSP cases?
Alternatives?
LINK JUDGE
ISSUE:
New charge filed:
No other cases pending, and no active LINK: assigned random judge
No other cases pending, and has a LINK: assigned to LINK judge
Has pending assigned cases, and no active LINK: assigned to judge with lowest case
number
Has pending assigned cases, and has a LINK: ? LINK or Assigned
Extension or continuance of probation begins the date the order is made, unless noted.
If on probation and Judge orders SOE of days, any term of probation ends and LINK
severed on that case at midnight.
New case assigned to LINK or with other pending assigned, will be set for PT on same
date (if one) with other trials.