IN THE 22ND CIRCUIT COURT DISTRICT

PROCEDURE

CRIMINAL MATTERS

GENERAL INFORMATION

THE 22^ND CIRCUIT COURT DISTRICT ADHERES TO THE SUPREME COURT’S TIME STANDARDS EFFECTIVE AS OF JANUARY 1, 2002:

Criminal Felony Cases will be disposed of within 270 days from arraignment.

Misdemeanor Appeals (originating in Circuit Court) will be disposed of within 120 days from filing of the appeal.

Misdemeanor Appeals (appeals to Circuit Court) will be disposed of within 180 days from Notice of Appeal.

Post Trial Motions will be disposed of within 30 days from filing of Post Trial Motion.

Sentencing will be completed within 90 days from verdict or ruling on Post Trial Motions.

The Court DOES NOT accept any information via telefax unless prior approval of the Court Administrator.

All information forwarded to the Judge or any member of the Judicial Staff is to be received via U.S. Mail to Post Office Box 310, Hazlehurst, Mississippi 39083-0310 or via Courier.

All Orders received in the Judge’s Office will be mailed and hand delivered by the Judge’s Office to the respective Circuit Clerk’s Office for docketing and filing.

The Judge’s Office as referenced within these procedures shall be deemed to be the location of our home office that being, Copiah County Courthouse, 100 Caldwell Drive, Post Office Box 310, Hazlehurst, MS 39038-0310, 601-894-3311, circuitcourtgeneralinfo@copiahcounty.org.

ARRAIGNMENT

1.         The dates for arraignment are set by the Court on available on the Court’s Calendar via this Court’s Web Site.

1.         Attorneys are to be present with their Client at the Arraignment unless otherwise approved by the Court Administrator prior to the Arraignment Date.

            A.         A Waiver of Arraignment is to be completed between the Attorney and their Client:

                         (1)        Waiver of Arraignment will include the Trial Date.

                         (2)        Waiver of Arraignment will include the Omnibus/Plea Hearing Date.

            B.         If the Waiver of Arraignment is approved to be handled via U.S. Mail, the Waiver is to be returned within five (5) days of the Attorney’s Receipt, OR Arraignment Date will be set by the Court for purpose of arraigning Defendant in open court. Completed original waiver is to be forwarded to Court Administrator at P. O. Box 310, Hazlehurst, Mississippi 39083-0310. Court Administrator will submit Waiver to respective Circuit Clerk for filing.

2.         If the Arraignment is to be conducted in open court, the attorney must be present with his Client and an Arraignment Order will be completed by the Court with the Attorney for the Defendant and the Attorney for the State of Mississippi signing same:

            A.         Arraignment Order will include the Trial Date.

            B.         Arraignment Order will include the Omnibus/Plea Hearing Date.

            C.         Arraignment Order will include any other applicable dates to be set before the Court.

DISCOVERY

1.         The Attorney for the Defendant is to contact the District Attorney’s Office, in writing to Post Oddifce Drawer 767, Hazlehurst, MS 39083-0767, to advise of their representation of a respective party and to request written discovery. Upon receipt of the written request for discovery, the District Attorney’s Office will provide all discovery within their possession.

OMNIBUS/PLEA HEARING

1.         On date of Omnibus/Plea Hearing, the following will occur:

            A.         Defendant’s attorney will announce ready for trial and complete an Omnibus Order prior to this announcement (Omnibus Order can be obtained either from the District Attorney’s Office, or from this Court’s Web Site.)

                         (1)        All Motions are to be submitted to opposing counsel within ten (10) working days of the Omnibus Hearing Date, and if a hearing is required, the noticing party must provide notice to opposing counsel at least five (5) working days prior to the Omnibus Hearing Date so that all parties will be ready for hearing on the Omnibus Hearing Date. MOTION HEARINGS WILL NOT BE HELD ON THE MORNING OF TRIAL, UNLESS SPECIFIED BY JUDGE PICKARD.

                         (2)        After the date specified for the Omnibus/Plea Hearing, Judge Pickard will not consider the State’s Recommendation with regard to a plea bargain. At any time following the Omnibus/Plea Hearing Date, should Defendant desire to change his plea to guilty, it will be an Open Plea.

            B.         Defendant’s attorney will announce that Defendant desires to change plea to guilty and enter a Petition to Enter Plea of Guilty completed prior to announcement (this form can also be obtained from the District Attorney’s Office or from this Court’s Web Site).

                         (1)        Sentencing will either take place at this time or deferred to another date, at the discretion of Judge Pickard, but within the time as prescribed by the Supreme Court’s Time Standards.

TRIAL

1.         All trials will begin at 9:00 a.m., OR at 10:00 a.m., on those dates that a Grand Jury is being selected from the available jury pool.

2.         If a trial date is ‘bumped’ by another case on the Court’s Docket for that date, the case that is ‘bumped’ will be placed on the Court’s Docket for trial on the day following and continue day-to-day throughout the Court’s scheduled Term of Court.

2.         Trials will proceed until conclusion with the Judge setting the times for starting and concluded on each date. All parties should anticipate working outside of the normal working hours during the progress of a trial to insure the most efficient use of the Court’s Time.

CONTINUANCES

1.         Any continuances of a trial setting are approved by the Judge only, through the requesting party’s motion for a continuance, and if so granted by the Judge, the requesting party is to submit an Order of Continuance to the Court within ten (10) working days of the motion hearing date.