PROCEDURE DECISION. Is accused to be admitted to bail? If yes, GO TO STEP 10; if no, GO TO STEP 6.
PROCEDURE DECISION. Is surety a professional or corporate bondsman? If yes, GO TO STEP 10; if no, GO TO STEP 7 Step 7 Clerk evaluates ownership interest in property. Comments: Clerk must review documents evidencing proof of ownership and valuation of assets. All of the owners of the asset must sign as sureties on the bond; if they do not, the clerk should not accept the surety. NOTE: If cash is deposited, no evaluation of ownership interest is needed.
PROCEDURE DECISION. Does accused have an attorney? If no, clerk follows procedures for appointment, retention, or waiver of counsel in “Right to Counsel” in this chapter. If yes, GO TO STEP 8. Comments: If accused wishes to be represented by counsel, the proceeding must be continued to permit appointment or retention of counsel and to give such counsel the opportunity to advise the accused with respect to his/her plea.
PROCEDURE DECISION. What plea was entered? If plea of not guilty, GO TO STEP 19; if plea of guilty, GO TO STEP 11; if plea of nolo contendere, GO TO STEP 11; if accused refuses to plead, Judge enters plea of guilty. GO TO STEP 19.
PROCEDURE DECISION. Does court proceed to sentence the accused on guilty plea? If no, GO TO STEP 19; if yes, GO TO STEP 15. Comments: If an accused’s plea of guilty is accepted, the court will pronounce him/her guilty and will sentence him/her forthwith or continue the case for a presentence investigation. Step 15 Clerk may note the court’s disposition or sentence on case summary sheets, remarks on the case management system or any other method preferred. If sentenced, clerk will close out case on any automated case management system.
PROCEDURE DECISION. Who is unable to try the case? If individual judge within circuit: GO TO STEP 9; If all judges within circuit: GO TO STEP 2 Comments: Refer to the JUDICIAL DISQUALIFICATION POLICY AND FREQUENTLY ASKED QUESTIONS.
PROCEDURE DECISION. Is judge’s disqualification waived? If no, END OF PROCEDURES; if yes, GO TO STEP 12. Step 12 Obtain written waiver signed by all parties and their attorneys; process/image waiver and place in case file. Use Form CC-1100, ORDER OF RECUSAL/REMITTAL OF DISQUALIFICATION (bottom portion). Comments: Instead of withdrawing, a judge may disclose on the record the basis of his/her disqualification. If the parties agree in writing to waive the judge’s disqualification, the judge may participate in the proceeding. Canon 3D, Canons of Judicial Conduct.
