“Substantive Best Practices” Best Practices in Criminal Law

Click on any item to view associated materials Biographies of Speakers

The Honorable Paul R. Wallace, Judge, Superior Court of Delaware Todd Evans Conner, Esquire, Office of the Public Defender Joseph S. Grubb, Esquire, Department of Justice

Program Materials *

Basic Gear for a new Delaware Criminal Lawyer Ethics and Professionalism for the Criminal Practitioner What Should Lawyers Expect From Judges Forms Superior Court New Castle County Criminal Case Management Plan

* The forms included herein are samples only and may not be appropriate for any

particular matter.

1

The Honorable Paul R. Wallace The Honorable Paul R. Wallace was appointed to the Superior Court by Governor Jack A. Markell and began service on January 25, 2013.

Judge Wallace received his J.D. from the Columbus School of Law of the Catholic University of America. He also has a B.A. in Criminology from the University of Maryland.

Before coming to the bench, Judge Wallace served for more than two decades with Delaware's Department of Justice, handling cases at every level, state and federal, trial and appellate. Judge Wallace served as Delaware's Chief of Appeals from 2008 until his appointment to the Superior Court. In that role, he was the State's principal courtroom advocate before the Delaware Supreme Court and the federal appellate courts.

Prior to taking up ;a full-time appellate practice, Judge Wallace served as the Chief Prosecutor for New Castle County and was a trial prosecutor handling a wide variety of criminal matters. During his tenure with the Department of Justice, he also served as legislative counsel to the Attorney General.

Judge Wallace is past chair of the Delaware State Bar Association's Criminal Law Section, a past member of the Delaware Supreme Court's Permanent Advisory Committee on the Delaware Lawyers' Rules of Professional Conduct, and a current member of the Court's Permanent Advisory Committee on the Delaware Uniform Rules of Evidence and the Richard S. Rodney Inn of Court. Judge Wallace is also a regular speaker and author for local, state, and national educational institutions, professional associations, and publications; his works focus primarily on matters relating to criminal law and procedure, trial advocacy, and ethics.

In 2012, Judge Wallace was awarded the Appellate Advocacy Award by the National Association of Government Attorneys in Capital Litigation.

Judge Wallace's present term ends January 25, 2025.

TODD EVANS CONNER

Todd Evans Conner is a graduate of Dickinson College

and received his J.D. from Widener University School of Law

in 1991. He was admitted to practice law by the Supreme

Court of the State of Delaware in 1991. Mr. Conner has

been employed with the Office of the Public Defender of the

State of Delaware since 1991. His practice has ranged from

representation of clients charged with criminal offenses in

Justice of the Peace Courts, the Court of Common Pleas,

Superior Court and the Delaware Supreme Court. Mr. Conner

is currently the Supervising Attorney for the New Castle

County Superior Court Trial Unit. He lives in Wilmington

with his wife and children.

8014051

Joseph Grubb

Joseph Grubb is the Chief New Castle County Prosecutor for the Criminal Division at the

Department of Justice. Joe has served as the Chief Prosecutor since March of 2013. Joe directs

more than 120 prosecutors, investigators, legal support, and victim services personnel who

prosecute criminal cases throughout New Castle County. Joe joined the Delaware Department of

Justice as a Deputy Attorney General in 2005 after graduating from the Widener University

School of Law, and the University of Delaware in 2002. Joe has prosecuted cases in the

Misdemeanor Trial Unit, Domestic Violence Unit, Felony Trial Unit and the District of

Delaware as the “FED UP” prosecutor. Joe was a supervisor in the Misdemeanor Trial Unit in

2010, and was promoted later that year to be a supervisor in the largest unit in the Criminal

Division, the New Castle County Felony Trial Unit. Joe has prosecuted a variety of cases

including capital murder, shootings, robberies, burglaries, racketeering, drug offenses, DUIs, and

misdemeanors. Joe is a member of the Superior Court Rules Committee, the Delaware

Prosecutor’s Best Practices Committee, and the Death Penalty Review Board. Lastly, Joe has

taught Criminal Procedure and Evidence at the Wilmington University since 2008 and recently

gave the Delaware Evidence lecture for the BAR/BRI bar exam course.

BASIC GEAR FOR A NEW DELAWARE CRIMINAL LAWYER

(a) DELAWARE CRIMINAL AND TRAFFIC LAW MANUAL

- New edition published each year by LexisNexis®. - While useful for court due to its size the Delaware Code Annotated

volumes are great starting point for quick understanding of various code sections.

(b) DELAWARE RULES ANNOTATED

- New editions published each year by LexisNexis®.

HINT: The most up-to-date version of the court rules, rules of evidence and criminal code provisions you will ever need can be accessed on-line in a searchable format at:

http://courts.delaware.gov/Rules/

(c) Delaware Sentencing Accountability Commission, BENCHBOOK.

- Updated each year by SENTAC.

HINT: The most up-to-date version can be accessed on-line in a searchable format at: http://www.cjc.delaware.gov/PDF/FinalBB2006.pdf

(d) DUI Manual – these are compiled and updated by individual attorneys.

(e) A “cheat sheet” of traffic fines and points – these are compiled and updated by individual attorneys.

(f) Guide to the Delaware Rules of Legal Citation - adopted by the Superior Court (9/04)

(http://courts.delaware.gov/Courts/Superior%20Court/pdf/?citation_guide.pdf).

(g) Access to and working knowledge of Westlaw® or LexisNexis®.

(h) ANNUAL REVIEW OF CRIMINAL PROCEDURE, published by the Georgetown Law Journal - Highly recommended.

−1−

WHAT SHOULD DELAWARE LAWYERS EXPECT FROM OUR JUDGES IN COURT?*

The Delaware Supreme Court recently took the opportunity to note the strain that an ever

burgeoning case load has on the judges and attorneys practicing in our criminal courts.i The

Court described the pace on certain days in those courts as simply “frenetic.”ii It then went on,

however, to remind attorneys and trial judges that although they face sometimes unwieldy

pressures the Court would require “the utmost patience and civility from all participants.”iii The

reminders given in the criminal context are no less applicable to other areas of practice in our

trial courts as no court seems to be operating at a leisurely pace or benefitting from a dwindling

case load.

Because of the obvious difference in function and status between the Bench and Bar it is

much easier to find materials or cases setting forth standards, rules or less-formal guidelines for

the conduct of attorneys. But it is clear that, in Delaware, there has been a recent conscious and

concerted effort to reinvigorate our long standing commitment to civility and recognize the need

for both the Bar and Bench to take responsibility for fostering mutual respect and reasonable

standards of collegiality among and between the members of each.iv

This writing briefly addresses the problems that can arise when a judicial officer might

falter in meeting the expectations of the Bench and Bar in the “intense arena of open court

work.”v It should first be noted that fortunately this occurs with infrequency in Delaware. But,

it must also be recognized that with the mounting pressures on all parties involved it has

occurred more often in recent years and our trial judges will in the future occasionally fall

subject to the same human weaknesses to which attorneys sometimes succumb.

−2−

Delaware judges have been “admonished” in the past to avoid “undue impatience,

irritation and sarcasm.”vi Mutual respect must exist between judge and counsel.vii “Trial judges

by necessity are granted great power and discretion to preserve the order of their courtrooms and

have at their command an arsenal of sanctions to see that the rules are followed, including

admonishment of [an] attorney at the bench or before the jury.”viii However, an unnecessary

reprimand or undue criticism of counsel for a party in the presence of a jury is improper.ix In

fact, such unmerited rebukes or other use of language which brings counsel into contempt before

a jury is sufficient grounds for reversal in certain cases.x The cases that generally require

reversal are those in which criminal defense counsel are the targets of improper judicial action to

an extent that a defendant is denied a fair trial.xi In making that assessment, appellate courts

examine the behavior of the trial judges with a view toward determining whether it contributed

negatively to a guilty verdict.xii The standards and concerns articulated in these cases apply with

equal force, however, in any case in which there is an appearance that a litigant’s cause might be

damaged by an improperly hindered presentation of its case due to a judge’s remarks or conduct

toward its counsel.

As noted above, error based on judicial behavior if it occurred on the defense side of a

criminal matter can result in the reversal of a conviction due to the resulting denial of a fair trial.

“So serious is the danger to a fair trial posed by a judge’s unwarranted remarks demeaning

defense counsel in the presence of the jury, that the law considers them errors of constitutional

proportions.”xiii However, “[t]he trial judge is as much a judge for the [state] as for the

[defendant], and is supposed to sit fairly and impartially between the state on the one hand and

the defendant on the other.”xiv

−3−

Delaware’s courts and others have consistently recognized that while the trial rights of a

defendant are “constitutionally compelled[,] [] the State, and the community it represents, has an

important stake in criminal proceedings” and the trial judge is responsible for safeguarding both

interests.xv A trial judge should view him or herself as no less a guardian of the interests of civil

litigants in ensuring just and fair hearing of their causes. Moreover, with the recent increased

focus on standards of civility, the role of judicial officers as proper model for courtroom

behavior can not be ignored.

A trial judge endangers the important rights of either side of a case when he or she

engages in prejudicial conduct toward counsel because such action “may have [a] [] great

influence on the jury in returning the verdict [] [], as jurors generally regard the presiding judge

with great respect and give much weight to his [or her] expressions and opinions.”xvi A judge’s

conduct has direct bearing on the fairness of trial “because [his or her] opinion or manifestations

thereof usually will significantly impact a jury’s verdict.”xvii Judges perform “a unique and

persuasive role.”xviii And, because “judges occupy a distinguished and decisive position [] they

are required in trial [and all other proceedings] to maintain high standards of conduct.”xix

Unnecessary rebukes or threats to counsel in the presence of a jury are improper and may

constitute prejudicial trial error.xx Acts such as threats of contempt during presentation of

evidence before a jury may inject undue prejudice in a proceeding. This is especially so in a

case where the trial judge acts contrary to the general pre-trial instructions given to most juries

that explain the judge’s impartiality and set forth precisely how objections will be handled -- that

is, propriety calls for them usually to be heard outside the jurors’ presence. It is certainly logical

to infer that once the judge displays his or her anger or impatience to the extent that he or she

−4−

violates his or her own ground rules explicitly explained to the jurors at the beginning of a trial it

can have a significant impact on the jurors.

In this particular area, whether warranted or unwarranted, rebukes, admonitions or

discipline of counsel should always be handled outside the presence of the jury so as to avoid

any possibility of prejudice.xxi Certainly, trial judges, due to human fault may fail to do so and

express anger or frustration, whether warranted or unwarranted, before a jury or in open court.xxii

In those cases, the trial judge should insure that an appropriate curative instruction is given.xxiii

If not, reversible error may be present.xxiv And, as our supreme court has regularly held, even

when prejudicial error is committed, it will usually be cured by the trial judge's instruction to the

jury to disregard the remarks.xxv

There is an even greater concern than the isolated reversal in a given case, however.

“Incivility in open court infects the process of justice in many ways. It compromises the

necessary public trust that the system will produce fair and just results; it negates the perception

of professionalism in the legal community, and it erodes respect for all people involved in the

process.”xxvi Only focusing on possible prejudicial effect and the likelihood of reversal due to

such actions invites us to accept the lowest possible standard of conduct from all involved. If the

perceived waning of public confidence in our institutions of justice is to be curtailed (and

hopefully confidence even restored) all parties - litigants, lawyers and, yes, judges - must

consistently strive to maintain a standard of behavior that is much higher than that which will

merely avoid reversal.

ENDNOTES

* PAUL R. WALLACE, CHIEF PROSECUTOR, NEW CASTLE COUNTY

i. In re Hillis, 2004 WL 728539 (Del. Supr.)(per curiam).

ii. Id. at *5.

iii. Id. (emphasis added).

iv. For instance, on November 10, 2003 the Delaware Supreme Court adopted the PRINCIPLES OF PROFESSIONALISM FOR DELAWARE JUDGES as well as the PRINCIPLES OF PROFESSIONALISM FOR DELAWARE LAWYERS. Order adopting Principles of Professionalism for Delaware Judges and Principles of Professionalism for Delaware Lawyers, Del. Supr., Holland, J. (Nov. 10, 2003). The development of these principles was the product of a joint Bar/Bench Committee appointed by the Court with the concurrence of the Delaware State Bar Association. Regarding judges the stated purpose of the adopted Principles is to “encourage judges, including judicial commissioners, to meet their obligation to be civil and respectful to all persons with whom they deal in an official capacity.” Preamble, PRINCIPLES OF PROFESSIONALISM FOR DELAWARE JUDGES (2003).

v. In re Hillis at *6.

vi. Feleke v. State, 620 A.2d 222, 229 (Del. 1993)(citing Wright v. State, 405 A.2d, 685, 689 (Del. 1979)).

vii. Dutton v. State, 452 A.2d 127, 140 (Del. 1982);

viii. Maulding v. State, 757 S.W.2d 916, 920 (Ark. 1988)(citing Alexander v. Chapman, 711 S.W.2d 765 (Ark. 1986)).

ix. 2 R. Hunter, FEDERAL TRIAL HANDBOOK §3:10 (3d ed. Supp. 2002). State v. Anderson, 333 So.2d 919, 921 (La. 1976).

x. Kraft v. United States, 238 F.2d 794, 800-01 (8th Cir. 1956); Maulding, 757 S.W.2d at 920 (listing cases); State v. Cokeley, 226 S.E.2d 40, 44 (W.Va. 1976); Johnson v. State, 722 A.2d 873 (Md. 1999). See also Wright v. State, 405 A.2d, 685, 689 (Del. 1979).

xi. Johnson, 722 A.2d at 878-81 (reviewing cases).

xii. E.g. State v. Simpson, 175 So.2d 255, 260 (La. 1965).

xiii. See State v. Fukusaku, 946 P.2d 32, 52 (Haw. 1997)(quoting State v. Pokini, 526 P.2d 94, 101 (Haw. 1974)).

xiv. Whittenburg v. State, 287 P. 1049, 1050 (Ok. Crim. App. 1930)(emphasis added).

xv. State v. Harris, 616 A.2d 288, 292 (Del. 1992). See Snyder v. Massachusetts, 291 U.S. 97, 122 (1934)(“[J]ustice, though due to the accused, is due the accuser also.”); Singer v. United States, 380 U.S. 24, 36 (1965)(“The Constitution recognizes an adversary system as the proper method of determining guilt, and the Government, as a litigant, has a legitimate interest in seeing that cases in which it believes a conviction is warranted are tried before [a] tribunal . . . most likely to produce a fair result.”)

xvi. Whittenburg v. State, 287 P. at 1050.

xvii. Jefferson-El v. State, 622 A.2d 737, 740-41 (Md. 1993).

xviii. Id.

xix. Id.

xx. Maulding v. State, 757 S.W.2d at 920; State v. Anderson, 333 So.2d at 921.

xxi. Maulding v. State, 757 S.W.2d at 920; People v. Williams, 414 N.W.2d 139, 141 (Mich. Ct. App. 1987).

xxii. Betz v. State, 635 A.2d 77 (Md. Ct. Spec. App. 1994).

xxiii. Muhammad v. State, 829 A.2d 137, 140 (Del. 2003).

xxiv. Cf. Maulding, 757 S.W.2d at 919 (curative instruction factor in upholding conviction).

xxv. Kornbluth v. State, 580 A.2d 556, 560 (Del. 1990).

xxvi. In re Hillis at *6 (citing Ty Tasker, Sticks and Stones: Judicial Handling of Invective in Advocacy, The Judges' Journal 19-20 (2003))

TRUTH-IN-SENTENCING GUILTY PLEA FORMIN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR COUNTV

STATE OF DELAWAREv.

.I

)))

10: _

CRA: _

The defendant must answer the following questions in his or her own handwriting.

Date of Birth Last grade in school completed _

Have you 'ever been a patient in a mental hospital?Are you under the influence of alcohol or drugs at this time?Have you freely and voluntarily decided to plead guilty to the charges listed in your written plea agreement?Have you been promised anything that is not stated inyour written plea agreement?Has your attorney, the State, or anyone threatened or forced you to enter this plea?

0 Yes 0 No0 Yes 0 No0 Yes 0 No0 Yes 0 No0 Yes 0 No

0 Yes 0 No0 Yes 0 No

0 Yes 0 No

0 Yes 0 No0 Yes 0 No

0 Yes 0 No

0 Yes. 0 No0 Yes 0 No

~D Yes 0 No0 Yes 0 No

Do you understand that because you are pleading guilty you will not have atrial, and you therefore waive (give up) your constitutional right:(1) to be presumed innocent until the State can prove each and every part of the charge(s) against you beyond a reasonable doubt;(2) to a speedy and public trial;(3) to trial by jury;(4) to hear and question the witnesses against you;(5) to present evidence in your defense;(6) to testify or not testify yourself; and,(7) to appeal to a higher court? 0 Yes 0 No

TOTAL CONSECUTIVE MAXIMUM PENALTY: Incarceration: .Fine: -

NON-CITIZENS: Conviction of a criminal offense may result in deportation, exclusion from the United States, or denial of naturalization.

Do you understand that, if incarcerated, you will not be eligible for parole, and the amount of earlyrelease credits which you may earn will be limited to a maximum of ninety (90) days per year?

Is there a min, mum mandatory penalty?If so, what is it? _

Is there a mandatory revocation of driver's license or privileges for this offense or as a result of your plea?If so, what is the length of revocation? years .Has anyone promised you what your sentence will be?Were you on probation or parole at the time of this offense? (A guilty plea may constitute a violation.)Do you understand that a guilty plea to a felony will cause you to lose your right t6 vote, to bea juror, to hold public office, and other civil rights?

Have you been advised that this is an offense which results in the loss of the right to own or possessa deadly weapon?

Have you been advised that this is an offense which requires registration as a sex offender?Are you satisfied with your lawyer's representation of you and that your lawyer has fully advised youof your rights and of your guilty plea?

Have you read and understood all the information contained in this form?

Defense Counsel

Print name: _

Copies: Superior Court. Attorney General, Attorney for Defendant, Defendant

Date Defendant

Print name: _

Document No.: 02-03-10-00-05-01 (Rev. 03109/00)

FORMULARIO DE ADMISI6N DE CULPABILIDAD Y PAUTAS DE SENTENCIAEN EL TRIBUNAL SUPERIOR DEL ESTADO DE DELAWAREENYPORELCONDADODE _

ESTADO DE DELAWAREv.

)))

10: ~~ __ ~ ~ ~_

CRA: _' _l

EI acusado ha de contestar las siguientes preguntas en su puno y letra.

Fecha de nacimiento: _ Ultimo ano que completo en la escuela: ~ __

(.Ha estado alguna vez intern ado en un hospital siquiatrico?En este momento, (.esta bajo los efectos del alcohol 0 drogas?i,Ha decidido admiti!' su culpabiljdad, libre y voluntariamente, con respecto a los cargos citados en su acuerdo?(.Se la ha prometido algo aparte de 10 acordado en el formulario de admision de culpabilidad?(.Su abogado, la fiscalia 0 alguna otra pesona Ie haforzado a admitir su culpabilidad mediante amenaza?

0 Si 0 No0 Si 0 No0 Si 0 No0 Si 0 No0 Si 0 No

Entiende usted que al admitir su culpabilidad no habra un juicio y que usted por 10 tanto esta rerunciando a su derecho bajo la Constitucion a:(1) Que se suponga usted inocente hastael momento en que la fiscalia pruebe, mas alia de duda razonable, todo, y cada

parte del, cargo en su contra;(2) Un juicio publico y sin demora;(3) Un juicio por jurado;(4) Esuchar y encarar los testigos que comparezcan en su contra;(5) Presentar pruebas en su defensa;(6) Prestar 0 no prestar declaracion usted; y(7) Apelar la sentencia a un tribunal de segunda instancia. 0 Sf 0 No

.1l@~f:l,'~1ifPENArESjABttECjD#\tpOR\LEy;j(~~lJ?~:.;

PENA MAXIMA CONSECUTIVA: Encarcelamiento: _ Multas: _

0 Sf 0 No0 Sf 0 No

0 Sf 0 No

0 Si 0 No

0 Sf 0 No

0 Sf 0 No0 Sf 0 No0 S.i 0 No

0 Sf 0 No0 Si 0 No

A AQU!=LLOS QUE NO SON CIUDADANOS: La condena por delito penal grave pudiese resultar en su deportaci6h, su exclusi6n de losEstados Unidos de America, 0 en que se Ie niegue la ciudadanfa.

i,Entiende que de imponerse pen a de encarcelamiento, usted no es elegible para la libertad condicional y que elnumero de creditos hacia la libertad temprana que puede acumular se Iimita a 90 dfas por ano?

i,Existe pena mfnima obligatoria? .De ser este el caso, (.Cuales? _

Este delito 0 su admisi6n de culpabilidad, (.tiene como consecuencia la revocaci6n de su licencia 0 del privilegio de conducir?De ser este el caso; i,por cuanto liempo? ~_~ __ _'_ _l.Alguien la ha prometido cual sera su sen encia?l.Eslaba usled bajo Iiberlad condicional/vigilada para la fecha en que comeli6 elsIe delito? (Su admisi6n de

culpabilidad puede constiluire una violaci6n a los lerminos de su libertad condicional).l.Entiende usled que a consecuencia de la admisi6n de culpabilidad de un delilo grave usled puede perder su derecho a volar,

a servir como jurado, a servi!' como funcionario publico, ademas de otros derechos civiles?l.Se Ie ha nolificado que esle delilo liene como consecuencia la perdida del derecho a ser dueno de, 0 poseer, un arm a morlifera?(.Se la ha adverlido que la pen a de esle delilo requiere que se registre usled como delicuenle sexual?l.Queda satisfecho conla representaci6n de su abogado, con que este Ie ha informado debidamente s6bre sus derechos y sobre esta

admisi6n de culpabilidad?i.Ha leido y entendido toda la informacion en esta hoja?

Firma del Abogado Defensor (Defense Att.)

Escriba su nombre: _

Copies: Superior Court, Attorney General, Attorney for Defendant, Defendant

Fecha Firma del Acusado (Defendant)

Escriba su nombre: _

Document No.: 02-03-10-00-05-02 (Rev. 03109/00)

Delaware Driver's License #: _

.,

REVOCATION OF DRIVER'SLICENSE/PRIVILEGE TO DRIVEXNTHE SUPERIO,R COURT OFTHE STATE OF PELAWAREIN AND FOR COUNTY

STATE OF DELAWARE ) ID:v. )

) erA:

.I)) Date of Birth:

Offense Date: _

Conviction Date: _

sentence Date: ~~

I understand that if I plead guilty to any of the following offenses, my Delaware driver's license and/or driving privilegesare revoked for the period of time indicated from date of Sentencing. "Revoked" means that I cannot drive or operate a motorvehicle.

(Check applicable term of revocation)

TWO-YEAR REVOCATION FROM DATE OF SENTENCING Check Here 016 Del. C 94752 Delivery, Possessionwith Intent to Deliver or Manufacturing of Non-Narcotic SCheduleHV Controlled Substance16 Del. C 94753 Possession,Consumption or Useof any Narcotic Controlled Substanceor Counterfeit Substance16 Del. C 9 4754 Possession,Consumption or Useof any Non-Narcotic Controlled Substanceor Counterfeit Substance16 Del. C 9 4754A Possession,Delivery or Possessionwith Intent to Deliver Non-Controlled Prescription Drug not lawfully obtained

THREE-YEAR REVOCATION FROM DATE OF SENTENCING Check Here 016 Del. C 94751 Delivery, Possessionwith Intent to Deliver, or Manufacturing Narcotic Controlled ~ubstance16 Del. C. 9 4752A Unlawful Delivery of Non-Controlled Substance '16 Del. C 9 4753A Trafficking "16 Del. C 9 4755 Maintaining, Keepingor Using Dwelling, Store, -Building,Vehicle, Board, etc. for Illegal Drugs16 Del. C 9 4756 Violation of Distribution and manufacturing laws, falsifying documents required by drug laws, etc.16 Del. C 94761 Distribution of Controlled Substancesto Minors

o Defendantwas lessthan 21 years of age at the time of the offense, and the defendant stated that he/she has not been issueda currentDelawareDriver's License. Pursuant to21 Del. C. 9 2707 (b) 10, the Divisionof Motor Vehiclesshall not issuea licenseto the defendantfor a period two years or until his/her 18th birthday, whichever is longer. '

o Defendaht surrendered his/her driver's licenseto the Court, and the license is enclosed.o Defendantstated that he/she did not havepossessionof his/her licenseat the time of sentencing. Therefore, the licenseisnot enclosed.o Defendant stated in open court that he/she has not been issueda current Delaware Driver's License.

Defendant will receive additional NOTICEof this revocation from the Divisionof Motor Vehicles.

DefenseCounsel

Print Name

Date Defendant

Print Name

Address: _'i

Copies: OMV, Superior Court, Attorney General, Attorney for Defendant, Defendant

C:\wp8\revocatlon of license 16 Del. C.Revised 7/11/03

IN THE SUPERIOR COURT OF THE STATE OF DELAWAREIN AND FOR COUNTY

STATE OF DELAWAREv.

Offense Date: _

. Conviction Date:------sentence Date: _

Delaware Driver's Ucense #: _

Check Here 021 Del. C 9 4177

REVOCATION OF DRIVER'S UCENSE/PRIVILEGE TO DRIVEIunderstand that If Iplead guilty to anyof the following offenses, my Delaware driver's license and/or driving privileges

are revoked for the period of time Indicated from the date the Division of Motor Vehicle (DMV) receives notice of this conviction."Revoked" means that Icannot drive under any circumstances, and Icannot get a hardship or work permit during the period ofrevocation. Defendant will receive off/cia/NOTICE of this revocation from the Division of Motor Vehicies.

. (Check applicable term of revocation)ONE-YEAR REVOCATION FROM DATE DMV RECEIVES NOTICE OF CONVICTION

First Offense -- Driving Under the Influence of Alcohol or with a Prohibited Alcohol Content[J below.2 0 .2 or higher

CheckHere021 Del. C 94177

CheckHere 021 Del. C 94177

21 Del. C 94177

Check Here 021 Del. C 9 4177

21 Del. C 9 4177

CheckHere 021 Del. C 9 4177

EIGHTEEN-MONTH REVOCAnON FROM DATE DMV RECEIVES NOnCE OF CONVICTION, '

Second Offense - Driving Under the Influence of Alcohol or with a Prohibited Alcohol Content(Alcohol Content less than .16) ,

TWO-YEAR REVOCATION FROM DATE DMV R.ECEIVES NOnCE OF CONVICTION'Second Offense - Driving Under the Influence of AlCOholor with a Prohibited Alcohol Content(Alcohol Content .16 - .19)Third or Subsequent Offense~- Driving Under the Influence of Alcohol or with a Prohibited Alcohol Content(Alcohol Content less than .16)

THIRTY-MONTH REVOCATION FROM DATE DMV RECEIVES NOTICE OF CONVICTIONSecond Offense-- Driving Under the Influence, of Alcohol or with a prohibited Alcohol' Content(Alcohol Content .20 or greater) ,Third or Subsequent Offense.,. Driving Under the Influence of Alcohol or with a Prohibited Alcohol Content(Alcohol Content .16 - .19)

THREE-YEAR REVOCATION FROM DATE DMV RECEIVES NOTICE OF CONVICTIONThird or Subsequent Offense - Driving Under the Influence of Alcohol or with a Prohibited Alcohol Content(Alcohol Content .20 or greater)

o Defendant was sentenced for Driving Under the Influence of Alcohol or with a Prohibited Alcohol Content as a class G felony(21 Del. C 94177(d)(3».

o Defendant was sentenced for Driving Under the Influence of Alcohol or with a Prohibited Alcohol Content as a class E felony(21 Del. C 94177(d)(4».

o Defendant was less than 21 years of age at the time of the offense; and the defendant stated that he/she has not been Issued a currentDelaware Driver's Ucense. '

o Defendant surrendered his/her driver's license to the Court, and the license is enclosed.o Defendant stated that he/she did not have possession of his/her license at the time of sentencing. Therefore, the license isnot enclosed.o Defendant stated in open court that he/she has not been issued a current Delaware Driver's Ucense. '

Defense Counsel

Print Name

Date Defendant

Print NameAddress: _

Copies: DMV, Superior Court, Attorney General, Attorney for Defendant, Defendant C:\wp8\revocatlon of license 21 Del. C.11/17/2004

. . IIN THE SUPERIOR COURT OF THE STATE OF DELAWARE

IN AND FOR COUNTY

STATE OF DELAWAREV.

Offense Date: __ -'-- _Conviction Date: _sentence Date: _

) 10:)) erA:)

i ) Date of Birth:

Delaware Driver's License #: ---'- _

REVOCATION OF ~RlVER'S LICENSE/PRIVILEGE TO DRIVE\ ~

I understand that If I'plead guilty to any of the following offenses, my Delaware 'driver's license and/or driving privilegesare revoked for the period of time Indicated from the date Division of Motor Vehicle (DMV) receives notice of this conviction."Revoked" means that Icannot drive or operate a motor vehicle. Defendant will receive offlcla/ NOTICE of this revocation fromDMV. . . .

(Check applicable term of revocation)

Check Here 0 ONE-YEAR'REVOCATION'FROM DATE DMV RECEIVES NOTICE OF CONVICTION

11 Del. C ~ 628 Vehicular Assault 2nd

Check Here 0 TWO-YEAR REVOCATION FROM DATE DMV RECEIVES NOTICE OF CONVICTION

11 Del. C ~ 629 Vehicular Assault 1St

Check Here 0 THREE-YEAR REVOCAnON FROM DATE DMV RECEIVES NOTICE OF CONVICTION

11 Del. C ~ 63011 Del. c~ 631

Vehicular Homicide 2nd

Criminal Negligent Homicide (If involving Motor Vehicle)

Check Here 0 FOUR-YEAR REVOCATION FROM DATE DMV RECEIVES NOTICE OF CONVICTION

11 Del. C ~ 630A11 Del. C ~ 632

Vehicular Homicide 1st

Manslaughter (if Involving Motor Vehicle)

o Defendant was less than 21 years of age at the time of the offense, and the defendant stated that he/she has not been issued a currentDelaware Driver's Ucense.

o Defendant surrendered his/her driver's license to the Court, and the license Is enclosed.o Defendant stated that he/she did not have possession of his/her license at the time of sentendng. l'herefore, the license is not endosed.o Defendant stated in open court that he/she has not been issued a.current Delaware Driver's Ucense ..

Defendant will receive additional NOTICE of this revocation from the Division of Motor Vehicles.

Defense Counsel

Print Name

Date Defendant

Print Name

Address: --'-_

Copies: OMV, Superior Court, Attorney General, Attorney for Defendant, Defendantc:\wp8\revocation of license 11 Del. C.

Revised 11/17/2004

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE. IN AND FOR NEW CASTLE COUNTY

Dateof Birth -----'-----

10-----------STATE OF DELAWARE

v.

Defendant.

))))))))

MOnON AND ORDER

This day of -' ' pursuant to 16 Del, C ~ 5120, it ismoved that:

1. The defendant shall undergo a psychiatric/psychological evaluation by the staff at(Delaware Psychiatric Center or Private Service Providetj for the following purpose:

Modification of sentenceDetermine psychiatric orpsychological treatment

oo

Competency to stand -trialMental status at time of offensePresentence" evaluationOther: ----------------------

oooo

2. The evaluation shall be conducted and a report"submitted to the Court no later thanIf the defendant" is incarcerated, the Department of

Correction shall transport the defendant to and from the Delaware Psychiatric Center.

3. The written evaluation shall be returned to the Prothonotary directed to the attentionof Psych Clerk, Superior Court of Delaware, 500 N. King Street, Suite 500, Wilmington,DE 19801-3746.

4. Upon receipt of the written evaluation, the Prothonotary will send a copy of the reportto counsel and direct them tonotifytheCOLJrt within 10 days if a competency hearingis required. The report shall be sealed. If notification is not received from counselwithin the lO-day period, the Court will assume the hearing is unnecessary, and the casewill bescheduled for trial or final case review as appropriate.

5. Upon receipt of the written evaluation," if counsel notifies the court that a competencyhearing is required, the Prothonotary shall consult with counsel and schedule thehearing; The Criminal Assignment Judge shall assign the hearing to any judge available.

So Moved, So Ordered, this __ ""day of

'I,

Attorney Judge

oc:c:

ProthonotaryDAG:Defense Counsel:

Delaware Psychiatric Center or Private Service Provider (via fax)Department of Correction (via fax)"Commissioner or Assigned Judge:

l2",vic;p(j 417003

SUPERIOR COURT OF DELAWARECONTINUANCE REQUEST FORM

Case Review continuance requests must be filed in the Prothonotary Officeby the Wednesday prior to the scheduled Case Review.

COUNTY: N K S (Circle One)

Trial [] Case Review [] Diversion [ ] Fast Track [ ]

Suppression [] VOP [] sentencing [] CVOP [ ]

State v. _

Assigned Judge _

Arrest Date Detained Yes / No

ID No. ~ __ Prior Reschedulings _

Scheduled Date: Opposing Counsel: Opposes 0 Does not Oppose o Unable to Reach 0

Proposed New Agreed upon Date: _

Requested by AG / Defense

o DeputyPrint Name & Phone Number

o Defense _Print Name & Phone Number

Signature & Date

Signature & Date

State 0 Defense 0 Mutual 0 Court 0

. Reason(s) _

If Continuance request is due to scheduling conflict with another Court appearance:

Court & County Case Name: _

1D No.: Time: Judge _

Date other court appearance was set: _

NonCE: It is the responsibility of the submitting party to send a copy of this request to opposing counsel. In the event of

approval of this request, it is the responsibility of the attorney to notify their clients and witnesses of new dates.

FORADMINISTRATIVE USEONLY

Recommendation Approve 0 Deny 0 Charge to:. State 0 Defense 0 Mutual 0 Court 0Comments: ___________________ New Date: _

Reviewing Authority: Date: _

COURTAcnON

Approve 0 Deny 0 Charge to:

Comments: _

New Date: Judge: Date:

Revised 10/05

.•.

IN THE SUPERIOR COURT OF THE STATE OF DELAWAREIN AND FOR NEW CASTLE COUNTY

The State of Delaware ))

v. ) Case Number:)))

STIPULATION of WAIVER of JURY TRIAL

IT IS HEREBY STIPULATED, subject to the Court's approval, that the aboveCriminal Case be tried by the Court without a jury.

Attorney for the State

Attorney for the Defendant

I HAVE READ AND UNDERSTAND THE ABOVE STIPULATION ANDHEREBY'\V AIVE ALL RIGHT TO A JURY TRIAL.

Defendant

SO ORDERED this day------of

JUDGE

fonm\crirni.aal\jwywaiv. wp

IMMEDIATE SENTENCING FORM*

Statev .._. Cr.A.# __ __Def.ID(Case#) _'. ~

TO BE COMPLETED BY THE DErtrrY ATTORNEY GENERAL

Records of tile Attorney General isQftlte iD.New Castle County indiCate thefollowing convictionssince 1976:

Number of prior felonies (Specify crime and year of conviction)

Number of prior non-violent felonies (Specify crime and year of conviction)

Number ofpiiht J.i1isdefueanois'(SpeCifycrime and y~ar'of~onviction);,:." • _ .'. N •• c-, , .. ~ -'" _ :<;...:. .'

YES! UNKNOWN(Circle one)

YES/NO(Circle one)

YES/NO(Circle one)

Was this crime committed while defendant was onreleaSe or pending trial/sentencing?

Wnfthisplea resUlt in anenhanced'peIialtY mid/or a mmimummandatory penalty?

Is a First Offender Program being. reque~ted?___ DUI ~ __ Drug 'BadCheck

(print)Deputy Attorney General

(sign) Date

The attached New Castle County Superior Court Criminal

Case Management Plan has gone through several changes which

have not been implemented into the written plan. The

overall nature of the plan remains intact and if this

raises any question, I will address them during the

workshop.

Todd E. ConnerAssistant Public Defender

SUPERIOR COURT

NEW CASTLE COUNTY

CRIMINAL CASE

MANAGEMENT PLAN

The following Plan is adopted bythe Superior Court of the State of Delawarein order to ensure the orderly and prompt

disposition of criminal cases in New Castle County.

TABLE OF CONTENTS

A. Indictment 4

B. Initial Case Review 4

C. Pretrial Motions 6

D. Final Case Review 6

E. Trial Scheduling Order 8

F. Trial Calendar Call , 9

G. Trial 10

H. Fast Track 11

I. Sentencing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

J. Motions Calendar .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

K. Diversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

L. Pleas by Appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

M. Continuances and Rescheduling 12

N. Special Assignment Cases 13

O. Duties of the Office Judge . l •••••••••••••••••••••••••• 13

P. Scheduling of Specially Assigned Civil and Criminal Cases 13Q. Courtroom Management 14

2

R. Scheduling Goals and Criteria 14

S. Goals . . . . . . . . . . . . . . .. 15

Exhibits

1. Criminal Case Flowchart

2. Fast Track and DiversionFlowchart

3. Violationof ProbationSchedule

3

I

New Castle CountyCriminal Case Management Plan

A. Indictment

Prior to receiving a case review date, the defendant will be required to have counsel of recordestablished by the filing of a Rille 1D(c) fann or the ently of an appe2l'at1cein open court or a detenninationof the defendant's pro se status. The Prothonotary shall provide a case review date to counsel to includeon the ID(c) fonn. At present the time between indictment and arraignment is approximately ten days, andthe initial case review is generally schedu1ed21 days after arraignment.

When the W(c) fann is filed, the Prothonotary will provide to the individual filing the document theautomatic discoveI)' that has been filed with the Prothonotary's Office by the Attorney General (AG). Onlycounselor their representatives may file a 1D(c) fonn. The 1D(c) fonn must be filed with the Prothonotaryin the same manner a,s other pleadings.

If the 1D(c) fonn is filed in open court or if counsel enters an appearance at arraignment orsubsequent court proceeding, counsel will be required to obtain the automatic discoveI)' documentationfrom the Prothonotary's Office immediately following that court appearance.

B. Initial Case Review

EveI)' case will be schedu1ed for a minimum of two case reviews unless disposed of earlier. Casereviews will be schedu1ed on Mondays on six calendars, three at 9:15 am. and three at 2:00 p.m. Therewill be a general. call for both. the morning and afternoon sessions, at which time the defendants will beadvised of the courtroom to which they are to report and the judge assigned to their case. TheProthonotary will attempt to group together cases assigned to a specific defense counsel.

Prior to the Initial Case Review (lCR), the State shall have provided all automatic discoveI)' or tohave responded to written Rille 16 requests made by the defendant. Within a reasonable time before theICR, the State shall provide a substantive plea offer to defense counsel, who shall infonn the defendant ofthe offer. The Court expects the ICR to be utilized by counsel to discuss the status of the case with theclient and the plea offer that has been tendered by the Attorney General. The Court encourages the PublicDefender's (PD) Office to use the videophone technology available in their office to accomplish this contact.

Providing timely, substantive and realistic plea agreements, and communicating these offers todefendants prior to a case review is critical to any effective case management effort. Compliance in thisarea will be inquired into routinely by the Court. It is recommended that appIOpriatemanagement oversightand review systems be implemented in both the AG and PD offices to ensure compliance with the Court'sexpectations.

4

If the parties cannot agree to a plea, counsel for the parties are expected to set forth thecircumstances pertaining to any plea offer made by the State and address the following:

Status of discovety;

Any particular or unique problems that may require judicial assistance;

Any outstanding motions that need to be addressed.

Where necessmy, the Case Review Judge will establish discovety deadlines and issue casemanagement orders. When possible, written confirmation to counsel of the oral order should be preparedby the judge and filed with the Prothonotary. If significant problems exist, the case shall be referred to a"problem case" calendar handled by the Superior Court Masters, who, in consultation with the CriminalAdministrative Judge, shall have the responsibility to monitor the case until the identified issue is resolved.

If requested by counsel, and with sufficientjustification, the Case Review Judge may order that anadditional 1CR be scheduled prior to the Final Case Review (FCR) Although, this practice is discouraged,it may be allowed if the Court is convinced that such action will assist resolving the case. Such case reviewstypically will occur within 3 to 4 weeks, unless additional time is ordered by the Court.

If the matter is not resolved at the 1CR, the defendant will be required to sign a notice to appearfor a FeR, and will be advised to come to the FCR prepared to make final decisions about the case, sinceafter the FCR significant limitations will be placed on what plea offers will be accepted by the Court. TheFCR will 0CClU' in approximately 4 to 6 weeks. Counsel are expected to notify the Court at the 1CR if thereare any scheduling problems with the FCR date.

If a defendant has received two 1CR's and problems still prevent moving the case to a FCR, thecase will be assigned by the Case Review Judge to a "problem case" calendar handled by the SuperiorCourt Masters in consultation with the Criminal Assignment Judge. Once resolved, an FCR date will beestablished by the Criminal Assignment Judge.

In cases where unavoidable extended delay is anticipated, upon application by either party to theCriminal Assignment Judge or his/her designee, a case may be removed from the pending list and placedin a "deferred" status. Such cases will require submission of written status reports every 30 days or asordered by the Criminal Assignment Judge .. Upon application of either party or sua sponte the CriminalAssignment Judge will hold an office conference to consider making the case "active." Absent exceptionalcircumstances, no cases involving incarcerated defendants will be placed on this list.

C. Pretrial Motions

5

All pretrial motions mder Rules 12, 14, 16, and 41 of the Superior Court Criminal Rules must befiledwitllln ten days following the ICR tmless otherwise ordered by the Court. The motion must state withparticularity the specific legal and factual gromds counsel in good faith believe support the motion, as wellas any controlling legal authorities. Failure to comply with this requirement may result in the motion beingdenied without finther hearing or argument In addition, any applicable motion filed after the deadline mustinclude a motion for leave to file out of time, which must specifically set forth the justification for the delay.The Court will make eveI)' effort to resolve all pre-trial motions before the FCR

All routine criminal motions filed prior to close of business on Wednesday will be placed on theupcoming Monday's motion calendar. Those motions will be the responsibilityof the Office Judge. Motionsrequiring a hearing will be scheduled for a hearing and decided by that judge.

D. Final Case Review

This is the :finalcourtroom event prior to setting the case for trial. Before this proceeding, theCourt expects counsel to have thoroughly reviewed with the client the plea offer extended by the DeputyAttorney General (DAG) and the consequences of accepting or rejecting that plea. Counsel for both sidesshall have thoroughly discussed the case and have made a good faith effort to resolve the matter withoutthe necessity of a trial.

At the FCR, counsel shall advise the Court of the following:

1. Details of the plea agreement that has been offered and rejected by the defendant. Whenpossible, the assigned DAG will participate in this colloquy. Counsel are also encouragedto set forth on the record any specific reasons for the defendant's decision to reject the pleaoffer. A copy of the plea agreement will be filed with the Court reflecting the rejection bythe defendant When possible, the assigned DAG will participate in this colloquy.

2. The status of any outstanding motions or discoveI)' disputes;

3. Any evidentiary problems that either side reasonably anticipates will arise during the trial;

4. The expected number of trial days and any anticipated witness problems;

5. That counsel have thoroughly reviewed with the client the plea offer that has been made bythe State and have advised the client of the consequences of rejecting the offer;

6. That there are no conflicts regarding representation (including issues of single representationof multiple defendants) that may result in change of counsel prior to trial.

6

If the case is not resolved,thejudge will personallyaddress thedefendant in open court and advisethe following:

1. Absent exceptional and unforeseen circumstances, the plea offer that has been extendedby the AttorneyGeneral is the best and final offer that will be made by the State.

2. Absent exceptional and unforeseen circumstances and for good cause shown, the Court'will not accept a plea bargain after this date.

3. If the defendant desires to enter a plea on the dayof trial,the Courtwill accept a plea onlyto all of the charges set forth in the indictment/informationwith no limitationplaced uponthe Court regarding sentencing.

4. The exact date of the trial will subsequently be provided to counsel (or to a pro sedefendant)in a schedulingorder,issuedby the CriminalAssignmentJudge. The defendantwill receive notification from counsel of the exact date of the trial and will receive asubpoena. If the defendant fails to appear on the date as indicated by counselorsubpoena, a warrant will be issued for the defendant's arrest. Further, the defendant willbe requiredto sign a document certifYing hislhermailing addressand phone number beforeleavingthe FCR

If counsel set forthreasonablejustificationto warrant additionaltime to attemptto resolve the case,the case reviewjudge may order the schedulingof a "second" FCR Any subsequentrequest for additionalcase reviews or a.continuance, however, must be approved by the Criminal Assignment Judge or theCriminalAdministrativeJudge.

E. Trial Scheduling Order

Following the Final Case Review in each case, the Criminal Assignment Judge will issuea Trial Order setting forth the following information:

Date and length of the trial

Assigned Judge (if the case is a Category 1 case)

A requirement that counsel take all necessary steps to notifyand/or subpoena witnesses and the defendant of the trial dateand to advise the assigned judge and Director of Case Schedulingwithin two weeks of the date of the order if there are any witnessproblems. Unless otherwise advised by the Court, notification ofwitness availability problems within this two week time frame willautomatically result in the rescheduling of the trial. Failure to

7

notify the Court of any witness concerns during this time will bea factor that the Criminal Assignment Judge will consider in anysubsequent requests for continuance and/or dismissal;

That all counse,l are required to be present at the call of the trialcalendar on the Thursday prior to trial at 9: 15 a.m.

That the defendant and counsel must attend the calendar callon the day of trial at 9:00 a.m.

That all motions filed in a Category 1 case should be directed tothe Assigned Judge; and all motions filed ina Category 2 caseshould be directed to the Prothonotary and scheduled onto theMonday Motions calendar. Requests for continuance of the trialdate, requests to permit a plea to be entered, or motions forsuppression are specifically excluded from this provision.

In addition, the following rules govern trial scheduling:

Any request to continue or reschedule the trial date or to allowa plea to be entered once the Trial Order has been issued mustbe directed in writing on the Court-approved form to theCriminal Assignment Judge or the Criminal AdministrativeJudge, with copies to counsel, and to the Director of CaseScheduling. Only the Criminal Assignment Judge or the CriminalAdministrative Judge may grant such requests.

Counsel assigned to Category 2 cases are required to be preparedto proceed on the scheduled trial date and any subsequent dateduring that trial week (Tuesday thru Friday). If a Category 2case is unable to proceed to trial on its assigned date on aTuesday due to unavailability of Judges or courtrooms, theCriminal Assignment Judge will attempt to schedule the triallater that week and advise counsel and the defendant of the newdate. It is anticipated that all trials scheduled that week will betried or resolved that week.

Counsel shall submit to the Assigned Judge in Category 1 casesat least three days before the trial any special voir dire they wouldlike the Court to give regarding the matter.

8

Scheduling of any individually assigned ('specially assigned")criminal case must be coordinated with the Director of CaseScheduling to avoid conflicts. No two criminal cases requiringspecial jury panels shall be set in anyone week. Jury seleCtion incapital murder cases -should be coordinated with the Director ofJury Services to start on either Tuesday afternoon or Wednesdaymorning.

F. Trial Calendar Call

At 9:00 a.m. on the Thursday before the next trial week, the Criminal AssignmentJudge, Criminal Administrative Judge or hislher designee will hold a calendar call of all trials(both category 1 and category 2) scheduled for the following week. All counsel shall be presentat the call unless previously excused by the Criminal Assignment Judge. The primary objectiveof the calendar call is to confirm that the trials scheduled are going forward, that appropriatecontact has been made with witnesses, victims and the defendant, and to the extent that anyproblems exist, to attempt to resolve them. If a category 1 case is going to plead because of)~exceptional circumstances, or is otherwise resolved or unable to go forward, the judge willassign a specific category 2 case to a specific judge.

The Court will establish a trial priority list of all remaining category 2 cases which willbe provided to counsel. It is expected that all category 2 cases scheduled for a given trial weekwill be tried or disposed of that week.

G. Trial

To minimize delaying jury selection, two category 1 cases will begin promptly at 9:30a.m. These proceedings must begin on time so that the unselected jurors will be available at10:00 a.m. for selection of the remaining two cases. It is expected that all assigned criminalcases will start by 11:00 a.m. on their assigned trial date. At that time, the priority cases willbe notified of the assigned courtroom. Counsel are expected to be in the assigned courtroomat the designated time prepared to proceed with jury sel~ction. If evidentiary or other mattersneed to be addressed before the trial begins, the jury will be selected first so that theremainder of the panel will be available for other trials. The courtroom assignments will alsobe posted on the scheduling board near the 10th Street entrance to the Courthouse.

Counsel must notify the Court about any issue that might delay jury selection. Failureto notify the Court as required may result in the Court's deciding that the issue has beenwaived. While awaiting jury selection, counsel must keep the bailiffs advised as to counsel'swhereabouts.

9

For category 2 cases, counsel and the defendant must report to the courtroom assignedto the Criminal Assignment Judge for the 9:00 a.m. calendar call. They will be advised of thestatus of the assigned cases, and the defendant will be required to remain in the courtroomuntil excused by the Criminal Assignment Judge.

The only acceptable plea on the morning of the scheduled trial, absent exceptional andunforeseen circumstances, will be to all the charges set forth in the indictment or informationwith no limitation placed on the Court regarding sentencing. The Court expects cases thathave reached this point to be ready for trial, and counsel should be prepared to proceed andshould not expect a plea agreement to be accepted by the Court at this time. Should anindictment be nolle prossed by the DAG on the morning of trial, any new charges subsequentlybrought by information or indictment relating to the same incident will receive a first casereview date.

If, on the morning of trial, counsel for both the State and defendant indicate thedefendant has decided to plead guilty to all of the charges set forth in the indictment orinformation, the case will be transferred immediately to the Criminal Assignment Judge for thepurpose of accepting the plea and sentencing, if appropriate. The Criminal Assignment Judgewill decide if a presentence investigation is necessary.

If a category 1 case is resolved, the top priority category 2 case will proceed immediatelybefore the available judge using the jury pool previously selected if appropriate. The CriminalAssignment Judge will be kept up to date by the Prothonotary case manager as to the trialstatus of the category 1 cases so that the Criminal Assignment Judge can notify counsel forthose cases awaiting trial whether their cases will proceed.

After all assigned cases have proceeded to trial, the Criminal Assignment Judge willestablish a tentative trial schedule for the remaining cases on the calendar.

If jury selection and trials proceed in a timely fashion, the Court will advise all counsel,parties and jurors regarding the status of all pending cases no later than 11:00 a.m.

The Criminal Assignment Judge shall ensure that all available resources are used to tryall cases assigned for trial that week including available judges assigned to the Civil Division,Drug Court and the Criminal Assignment Judge handling trials in the afternoon, if necessary.

H. Fast Track

Offenders who are on probation to Superior Court and are arrested on new SuperiorCourt charges will be placed on Superior Court's fast track calendar to attempt to resolve boththe violatipn and new charges before the Fast Track judge. The fast track hearing will be

10

considered the ICR. If the new charges are not resolved by plea or otherwise at the fast trackhearing, they will be scheduled for a contested violation of probation hearing and FCR on aThursday or Friday afternoon calendar. The contested hearing date will also constitute anFCR for the case and it will be promptly assigned a trial date thereafter.

1. Sentencing

Two or three sentencing calendars will be scheduled on Friday of each week. Counselshould advise the sentencing judge if they are in trial with another judge so that their case canbe given priority on the sentencing calendar. Any judge who has a sentencing calendar andwho is also in trial will conduct the trial either on Friday morning or afternoon (wheneverhis!her sentencing calendar is not in session.)

J. Motions Calendar

A motions calendar will be handled on Mondays at 1:30 p.m. by the Office Judge. Allmiscellaneous motions will be addressed at that time. Motions without opposition as noted onthe motion by both counsel will be sent directly to the Office Judge for signature withouthearing. (Motions for continuances are not to be accepted under this procedure - see SectionM below.)

K. Diversion

The Drug Court Diversion program will proceed under the specific guidelines andprocedures previously adopted.

1. Pleas by Appointment

The Criminal Assignment Judge, Diversion Judge and Fast Track Judge will haveperiods of time set aside each week for pleas by appointment. Attorneys are encouraged touse these times to minimize the delay to their clients and themselves and assist in relievingcourt congestion. An appointment can be made by contacting the judge's secretary. All casesscheduled for disposition in this manner after FCR must be handled by the CriminalAdministrative Judge or the Criminal Assignment Judge.

M. Continuances and Rescheduling

All requests for continuances of case reviews, diversions, fast tracks and sentencingsmust be set forth in writing using the Court's approved form. No letter requests will be

11

accepted. The forms are to be filed with the Director of Case Scheduling located in theProthonotary's Office. The Criminal Assignment Judge or the Criminal Administrative Judgewill rule on the request. When possible, counsel will be notified of the Court's decision usingthe state e~mail system, or in the case of requests from private counsel, decisions will be faxedto their offices. Trial continuances will be handled in accordance with the procedures setforth previously in Section E.

Counsel are required to notify the Director of Case Scheduling in writing of any periodsof unavailability due to vacation, illness, training or other similar events. Continuances andreschedulings will not be routinely granted when such information is not timely communicatedto the Court.

N. Special Assignment Cases

A request to specially assign a criminal case outside of the procedures established bythis plan must be directed to the President Judge. The judge assigned to handle that matterwill attempt to schedule the trial during the time he or she is scheduled to be trial judge in therotation schedule in coordination with the Director of Case Scheduling. In addition, aspecifically assigned judge shall notify the Criminal Administrative Judge and the Director ofCase Scheduling of the trial dates so that judge's availability for regular trials can beconsidered in the scheduling of other matters.

O. Duties of the Office Judge

The Office Judge shall handle certain civil and criminal duties. Criminal dutiesinclude, but are not limited to:

1. Presiding, or finding coverage for, capias returns in the absence of theCommissioner.

2. Review of petitions for expungement of arrest records.3. Review of material witness petitions.4. Hearing applications for search warrants and reviewing search warrant returns.5. Swearing in of new grand jurors and presiding over grand jury returns.6. Review of pro se applications where applicant has not been sentenced.7. Hearing the Monday criminal motions calendar.8. Review of habeas corpus petitions where petitioner has not been sentenced by

another Superior Court Judge.9. Review of petitions for forfeiture.

P. Scheduling of Specially Assigned Civil and Criminal Cases

12

Barring exceptional circumstances, and in consultation with the CriminalAdministrative Judge, no specially assigned civil cases are to be scheduled during a judge'scriminal rotation, and no specially assigned criminal cases p're to be scheduled during a judge'scivil rotation except after consultation with the Civil Administrative Judge.

Q. Courtroom Management

Criminal matters will be handled in six courtrooms as follows:

~4 trials each day;~1 drug court diversionNOP Fast Track each day;~Case reviews one day per week (handled by 6 judges on Mondays);~Trials will be scheduled 4 days per week (Tuesday~ Friday).

R. Scheduling Goals and Criteria

~5 Category 1 cases per week to begin on Tuesday or Thursday

~ 10 to 12 Category 2 cases per week ~

Case Distribution

Category 1 Cases:

4 to 6 Category 2!Tuesday6 to 8 Category 2!Thursday

All violent felonies will be considered for inclusion;

Incarcerated defendants detained pre~trial only on outstanding SuperiorCourt cases will be included;

Title 16 offenses with mandatory incarceration will be considered forinclusion;

Offenses involving multiple victims, multiple defendants or other witnessconsiderations will, upon request of a party, be considered for inclusion.

Category 2 Cases:

All other offenses not designated forCategory 1will be included;

Trial priority will be determined by offense classification and length oftime since indictment or information was filed and the defendant'scustody status.

13

TrialJudges

Each assigned a category 1 case for Tuesday and/or Thursday (if a two day trial);

Assigned a category 2 case by the Criminal Assignment Judge as judges becomeavailable;

Backup Trial Judge available to do category 2 case if courtroom is available

Violations of Probation

Violations of probation will be scheduled so as not to conflict with trialj and, willnot be scheduled on Mondays due to courtroom limitations and custodialfacilities. Each judge will have a fixed' weekly time slot to hear violations ofprobations. (See attached schedule.)

s. Goals

Four trial judges to handle at least one trial per week;Six trials per week minimum;No plea better than the one offered at FCR (except for exceptional andunforeseen circumstances)jNo Rule 11(e) (1) (C) pleas accepted after FCRjAt least two trials begin at 9:30 a.m. every day;All trials started by 11:00 a.m.;Judge and courtroom designations given to attorneys in advance;Assignment of all violent felonies and mandatory sentence drug cases after FCRto a specific judge with a firm trial date and courtroom assignment (Category1 cases);Case.review of 180 cases per week minimum (35 to 40 per judge for both themorning and afternoon sessions).

THE ABOVE PLAN IS HEREBYADOPTED BYTHE PRESIDENT JUDGE OF THE

SUPERIOR COURT OF THE STATE OF DELAWARE IN NEW CASTLE COUNTY THIS

DAY OF _

14