LCrRLJ 8.2

Motions

(1) Motion for Deferred Prosecution. Defendants requesting a Title 46 Deferred Prosecution for an alcohol or drug related offense, shall submit a (1) Petition For Deferred Prosecution, (2) a Statement of Defendant's Rights at Deferred Prosecution Hearing, and (3) Findings of Fact, Conclusions of Law and Order Granting Deferred Prosecution in the form approved by the Court. A copy of the documents required by this rule will be made available upon request. Such documents may be submitted in the original form provided by the Court or may be reprinted and submitted in substantially the same form. All substantive revisions to these forms must be made known to the Court at each hearing where a request for Deferred Prosecution is made.

(2) Motion of Countywide Significance. Upon the filing of a motion in a criminal case, any party may request that such motion be designated as an “issue of countywide significance”. A judge in any division of the Court may, on his/her own motion or upon receiving such a request from a party, request of the Presiding Judge that such motion be designated as an “issue of countywide significance”. Upon receiving such request from a judge, the Presiding Judge may designate such motion as an “issue of county-wide significance”.
Upon designation of a motion as an “issue of countywide significance”, the Presiding Judge shall assign three judges to act as a panel to hear the motion. The panel of judges shall hear testimony and argument and enter Findings of Fact and Conclusions of Law and Decision (“Ruling”) on the motion. Judges of the Court shall then have the following options: (1) accept such Ruling in its entirety; (2) not accept such Ruling and schedule a hearing before such judge for the presentation of testimony and argument; or (3) accept the Findings of Fact and Conclusions of Law, in whole or in part, and make a separate Decision thereon. The record made before such panel shall be taken before a court reporter and a transcript shall be made available to any judge of the Court upon his or her request. Copies of the transcript shall be made available through the court reporter to any person upon payment of the costs of transcription.

{Adopted effective January 1, 2000, amended effective September 1, 2001}