Administrative Order 03-1: Misdemeanor Probation Violations in District Court Cases in Canyon County
In
order to eliminate some confusion regarding the handling of misdemeanor
probation violations filed in district court cases, it is necessary to clarify how
these matters will be handled.
This
Administrative Order clarifies the earlier agreement wherein the district
judges agreed to handle the sentencing of misdemeanor defendants in these types
of cases rather than remanding them to magistrate court upon reduction or the
dismissal of the consolidated felony case. At the time that procedure was
agreed upon, it was also agreed that probation violations in those misdemeanor
cases would be processed in magistrate court and not returned to the district
court.
This
Administrative Order applies to misdemeanor probation violations in the
following circumstances:
1.
Misdemeanor probation violations in cases that were originally felony charges
and which were reduced to misdemeanors in district court and the defendant was
sentenced by the assigned district judge.
2.
Probation violations arising out of misdemeanor sentences in district court
where a consolidated felony charge was dismissed as part of a plea agreement.
In
such cases, misdemeanor probation violations will be handled as follows:
1.
The petition for misdemeanor violation will be submitted in the usual fashion
to the district judge who imposed the sentence in the misdemeanor case. That
judge will review the petition and, if appropriate, issue a warrant for the
arrest of the defendant.
2.
Upon the defendant’s arrest on the misdemeanor probation violation warrant, the
defendant will be brought before the magistrate court for arraignment in the
normal fashion. The magistrate assigned to handle arraignments at the time the
defendant is arraigned will thereafter be responsible for all further
proceedings on the misdemeanor probation violation including evidentiary
hearing and disposition.
Dated this 9th day of June, 2003.
Signed by James C.
Morfitt, Administrative District Judge
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