Internal Operating Procedures of the Municipal Court
1. Applicability of the uniform Municipal Court Rules
As of April 1, 2010, the uniform Municipal Court Rules apply to the Duluth Municipal Court.
2. Modification of Probated sentences
A probated sentence imposed by one judge shall not be modified by another judge so as to lessen, diminish, or reduce the defendant’s conditions of probation without the consent of the original sentencing judge.. (for example, if the probation officer proposed a sentence modification that has a lessening, diminishing or reducing effect and obtains the sentencing judge’s approval of same, another judge may, in his/her discretion, impose the modified sentence.) If a proposed modification to a defendant’s probated sentence would have the effect of increasing the defendant’s conditions of probation, any judge may impose the modified sentence Nothing shall preclude any judge from conducting a preliminary hearing as contemplated by O.C.GA.A. § 42-8-38(b) and/or Gagnon v Scarpelli, 411 U.S. 778 (1973). If the original sentencing judge is unavailable for purposes of this section, the Chief Judge may act in his/her stead.
3. Calendaring of Cases for Pleas
When a defendant requests that he/she be placed on a plea or arraignment calendar before his/her scheduled plea or arraignment date, the clerk shall do so only with the approval of a judge or solicitor. (For example, if a defendant or an attorney calls the clerk and asks that a case be placed on a calendar before the case has been scheduled, the clerk may advise the requesting party that he/she may appear on the proposed new court date, but that the case will not be heard unless either the solicitor or judge approves. In such an event, the clerk will notify the solicitor and/or judge upon their arrival for court on the proposed new court date of any request to have a case heard before the scheduled court date.)
Where a party makes an application for a continuance, he/she must show that he/she has used due diligence. All applications for continuances are addressed to the sound, legal discretion of the court and, if not expressly provided for, shall be granted or refused as the ends of justice may require. Requests for continuances must be in writing, and received at the office of the clerk at least five (5) dates prior to the date of the trial, other hearing, or arraignment before the court. Requests for continuances are considered on a case by case basis, by the court.
Counsel are reminded that, in dealing with conflicts, the Court is subject to Rule 8 of the Uniform Municipal Court Rules. In furtherance of its management of conflict issues, the Court employs its internal operating procedures, which includes letter of notification to counsel upon receipt by the court of notice of a potential conflict. See Exhibit “A” attached hereto.
6. Arraignment Calendar
A defendant Shall appear, either in person or by counsel, at the call of the arraignment calendar.