Administrative Order 07-2: Procedures for the Processing of Misdemeanor Citations and Arraignments
Whereas, the
burgeoning population in this judicial district has resulted in a significant
increase in misdemeanor case filings; and
Whereas, this
increase in filings has resulted in long waits and overcrowded courtrooms; and
Whereas, the
Misdemeanor Criminal Rules allow for deputy court clerks to handle the initial
arraignments and accept payments for certain misdemeanor offenses pursuant to
Rules 5, 6, and 14; and
Whereas, it would
be to the benefit of the people of
Now, therefore, it
is hereby Ordered that:
1. The provisions
of this order shall immediately apply to
2. All misdemeanor
citations issued after February 22, 2007 within Canyon County by any law
enforcement agency will allow the defendant a fourteen (14) day window of time
within which to appear; and
3. All defendants
will make their first appearance before a deputy clerk who will provide the
defendant with a charge-specific rights form and a written plea form. An
indigent application will be provided to individuals who state a desire to be
represented by counsel and who cannot afford to hire an attorney; and
4. If the
defendant enters a written plea of guilty, the case will be set for a
sentencing date unless the charge is an offense payable at the counter; and
5. If the
defendant enters a plea of not guilty, the case will be referred to the
court’s staff for trial setting; and
6. The Court
Operations Officer, in coordination with the magistrate secretaries and the
magistrate judges, will establish details of the process; and
7. The offenses on
Attachment A to this order may be paid at the clerk’s office or the
defendant may appear before a judge if he or she so desires; and
8. The list of
payable offenses may, in the future, be expanded as is in the interest of
justice.
Be it so Ordered, this 9th day of February, 2007.
Signed by Gregory
M. Culet, Administrative District Judge
Attachment A
Payable Offenses
Statute Description Amount Comments .
Public
Intoxication, Pedestrian Under $150.00
the Influence
I18-3906 Littering Roadway
from Vehicle $125.00
I19-3901(A) Failure to Appear $200.00 On Payable Offense Only
I23-505 Alcohol
Bev-Unlawful Transport/Open $172.50
Container Vio
I23-505(1) Alcohol Bev-Unlawful
Transport/Open $172.50
Container Vio
I23-505(2){M} Alcohol Bev-Consume/Poss Open $172.50
Container
(Driver)
I36-1201(c) License-Fail to Carry
On Person/Exhibit $150.00 Dismiss if shows proof of
On Request
any valid license
I36-409(d) Game Tags-Fail to
Validate Or Attach To $132.50
Carcass
I39-5703 Tobacco-Possession,Distribution,Use By $122.50
Minor Vio
I49-1210 Registering vehicle
w/o Insurance $182.00
Certificate
I49-1419 Failure to Obey
Traffic Officer $132.00
I49-1421 Using Emergency
Crossover $172.50
I49-1801 Abandoning Vehicle $107.00
I49-18-6409 Barking Dog (dist
peace) Dog at Large $150.00
I49-301(1) Drivers License-Fail
To Purchase/Invalid $132.00 Only first offense
I49-316 Drivers
License-Fail to Carry On Person $ 77.00 Dismiss
if shows proof of
any valid license
I49-331(1) Drivers Lic-Poss Mutilated, Altered, $122.50
Revoked Etc
I49-331(4) Drivers License-Fail
To Surrender After $182.00
Suspended
I49-519(1) Title-Operate Veh Without Title $182.00
I49-519(2) Title-Operate Veh With Cancelled Title $182.00
CCO-3-5-25 31-714 Canines-Public
Nuisance $150.00
CCO-3-5-25(3) 31-714 Canines-Disturb
the Peace $150.00
MCC-8-3-25(4) 50-302 Dogs-Disturb
Peace $150.00
MCC-8-7-3 50-302 Possession of
Open Container $172.50
MMI-8-4-2 50-302 Abandoned
Vehicle Within City $150.00
Limits
MMI-10-1-6 50-302 Disorderly Conduct $150.00
MMI-10-1-6(G) 50-302 Disorderly
Conduct-Public $150.00
Intoxication
MMI-10-2-10 50-302 Dogs at Large $150.00
MMI-10-2-16 50-302 Dogs Disturb
Peace $150.00
MMI-10-2-17(A) 50-302 Dogs-Nuisance-At
Large or $150.00
Without
License
MNA-601-1(G) 50-302 Disorderly
Conduct/Loiter in a $150.00
School
MNA-6-1-1 50-302 Disorderly
Conduct $150.00
MNA-6-1-1(B) 50-302 Disorderly
Conduct/Beg-Solicit in $150.00
Public
MNA-6-1-1(C) 50-302 Disorderly
Conduct/Loitering in $150.00
Public
MNA-6-1-1(E) 50-302 Disorderly
Conduct/Trespass $150.00
MNA-6-1-1(F) 50-302 Disorderly
Conduct/Private $150.00
Property
MNA-6-1-1 Disorderly Conduct $150.00
MNA-6-1-3 50-302 Open Container $172.50
MNA-6-2-22(a) 50-302 Nuisance-Excessive,CD/Untimely $150.00
Barking/Noise
MNA-7-1-5 Driving-Short Cut
Using Private $100.00
Driveway
MNA-7-1-5 50-302 Driving-Short
Cut Using Private $100.00
Driveway
MPA-9-2A-5 50-302 Dog Disturb
Peace $150.00
MWI-280 50-302 Open Container $172.50
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