RULES OF THE COMMUNITY COURT (2026)

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Chapter 5

RULES OF THE COMMUNITY COURT

Article I.

In General

Sec. 5-1.

Application of law.

Secs. 5-2—5-20. Reserved.

Article II.

Civil Procedure

Secs. 5-21—5-34. Reserved.

Sec. 5-35.

Juries.

Secs. 5-36—5-58. Reserved.

Article III.

Receivers

Sec. 5-59.

Application for appointment.

Sec. 5-60.

Hearing on application.

Sec. 5-61.

Findings of fact.

Sec. 5-62.

Qualifications of receiver.

Sec. 5-63.

Bond.

Sec. 5-64.

Removal or suspension of receiver; termination of receivership.

Secs. 5-65—5-90. Reserved.

Article IV.

Rules of Criminal Procedure

Division 1.

Scope, Purpose and Construction

Rule 1.

Scope.

Rule 2.

Interpretation.

Rule 2.1.

Definitions.

Secs. 5-91—5-120. Reserved.

Division 2.

Preliminary Proceedings

Rule 3.

Rule 3.1.

Rule 3.2.

Rule 3.3.

Commencement of criminal proceeding.

Arrest without a warrant.

Initial appearance of an arrested person.

Complaint against an arrested person; form of complaint; prosecution of complaint.

Rule 4.

Arrest warrant; presumption of summons.

Rule 4.1.

Search warrants.

Rule 5.

Arraignment.

Rule 5.1.

Setting of trial date.

Secs. 5-121—5-149. Reserved.

Division 3.

Rule 6.

Rule 6.1.

Rule 7.

Rule 7.1.

Rule 7.2.

Rule 7.3.

Rule 8.

Rule 9.

Rule 9.1.

Rights of Parties

Assistance of counsel.

Appointment of counsel for indigent defendant (reserved).

Right to trial by jury.

Speedy trial rights.

Excluded periods and continuances.

Remedy for denial of speedy trial rights.

Consideration for release pending trial.

Defendant's right to be present.

Defendant's waiver of his or her presence.

CD5:1

COMMUNITY CODE OF ORDINANCES

Rule 9.2.

Defendant serving sentence in other jurisdiction.

Rule 10.

Change of judge.

Rule 10.1.

Unavailability of judge.

Rule 10.2.

Competency to stand trial.

Secs. 5-150—5-182. Reserved.

Division 4.

Pretrial Motions and Discovery

Rule 11.

Pleas.

Rule 12.

Pretrial motions.

Rule 12.1.

Notice of an alibi defense.

Rule 12.2.

Notice of an insanity defense; mental examination.

Rule 12.3.

Notice of a public authority defense.

Rule 13.

Joinder.

Rule 14.

Relief from prejudicial joinder.

Rule 15.

General standards governing discovery.

Rule 15.1.

Discovery by prosecutor.

Rule 15.2.

Disclosure by defendant.

Rule 15.3.

Depositions.

Rule 15.4.

Disclosure by order of the court.

Rule 15.5.

Excision and protective orders.

Rule 15.6.

Continuing duty to disclose.

Rule 15.7.

Sanctions.

Rule 16.

Pretrial conference.

Rule 16.1.

Procedure on pretrial motions to suppress.

Rule 16.2.

Withdrawal of jury trial request or waiver of jury trial.

Rule 16.3.

Dismissals of prosecution.

Secs. 5-183—5-210. Reserved.

Division 5.

Trial

Rule 17.1.

Jury or nonjury trial.

Rule 17.2.

Challenges.

Rule 17.3.

Procedure for selecting the trial jury.

Rule 17.4.

Preparation of jurors.

Rule 18.

Trial proceedings.

Rule 18.1.

Exclusion of witnesses and public.

Rule 18.2.

Presence of defendant.

Rule 19.

Directed verdict.

Rule 20.1.

Requests for instructions and forms of verdict.

Rule 20.2.

Rulings on instructions and forms of verdict.

Rule 21.1.

Retirement of jurors.

Rule 21.2.

Materials used during deliberation.

Rule 21.3.

Further review of evidence and additional instructions.

Rule 21.4.

Assisting jurors at impasse.

Rule 21.5.

Discharge.

Rule 22.1.

Jury verdict.

Rule 22.2.

Types of verdicts.

Rule 22.3.

Conviction of necessarily included offenses (reserved).

Rule 22.4.

Polling of the jury.

Secs. 5-211—5-246. Reserved.

Division 6.

Rule 23.

Rule 24.1.

Rule 24.2.

Rule 25.

Rule 26.1.

Rule 26.2.

Post-Trial Proceedings and Sentencing

Motions for new trial.

Motion to vacate sentence.

Motion to modify or correct sentence.

Sealed proceedings and records.

Definitions for post-verdict proceedings.

Time for rendering judgment.

CD5:2

RULES OF THE COMMUNITY COURT

Rule 26.3.

Rule 26.4.

Rule 26.5.

Rule 26.6.

Rule 26.7.

Date of sentencing; extension.

Presentence report.

Contents of the presentence report.

Request for aggravation or mitigation hearing.

Notice of objections; special duty of the prosecutor; corrections to

presentence report.

Rule 26.8.

Presence of the defendant.

Rule 26.9.

Pronouncement of judgment and sentence.

Rule 26.10.

Duty of the court after pronouncing sentence.

Rule 26.11.

Fines and restitution.

Rule 26.12.

Resentencing.

Rule 26.13.

Entry of judgment and sentence.

Secs. 5-247—5-289. Reserved.

Division 7.

Probation and Parole

Rule 27.1.

Rule 27.2.

Rule 27.3.

Manner of imposing probation and parole.

Modification and clarification of conditions and regulations.

Early termination of probation and no early termination of

parole.

Rule 27.4.

Order and notice of discharge.

Rule 27.5.

Initiation of revocation proceedings; securing the probationer's

presence; notice.

Rule 27.6.

Initial appearance after arrest.

Rule 27.7.

Revocation of probation.

Rule 27.8.

Admissions by the probationer.

Rule 27.9.

Revocation of parole.

Rule 27.10.

Rejection of probation.

Secs. 5-290—5-316. Reserved.

Division 8.

Powers of the Court

Rule 29.1.

Rule 29.2.

Rule 29.3.

Rule 29.4.

Subpoenas.

Contempt of court.

Procedure for contempt committed in the presence of the court.

Disposition and notice of contempt committed outside the

presence of the court.

Rule 29.5.

Punishment for contempt and disqualification of judge.

Secs. 5-317—5-345. Reserved.

Division 9.

Deferred Prosecution and Sentence

Rule 30.1.

Deferred prosecution and deferred sentencing.

Rule 30.2.

Resumption of prosecution and sentence.

Rule 30.3.

Dismissal of prosecution.

Secs. 5-346—5-374. Reserved.

Division 10.

Motions and Time Computations

Rule 31.1.

Motions.

Rule 31.2.

Hearing; oral arguments.

Rule 31.3.

Requests to be in writing.

Rule 31.4.

Service and filing.

Rule 31.5.

Time.

Sec. 5-375.

Forms.

Secs. 5-376—5-433. Reserved.

Article V.

Rule 1.

Supp. No. 6

Rules of Civil Appellate Procedure

Scope of rule.

CD5:3

COMMUNITY CODE OF ORDINANCES

Rule 1.1.

Definitions.

Rule 2.

Parties permitted to appeal.

Rule 2.2.

Notice.

Rule 3.

Time for filing notice of appeal and consolidation of appeals.

Rule 4.

Form and contents of the notice of appeal.

Rule 5.

Responsibility of the parties; transcripts.

Rule 6.

Record on appeal.

Rule 7.

Transmission of the record.

Rule 8.

Filing and service.

Rule 9.

Time computation and extension of time.

Rule 10.

Motions.

Rule 11.

Motion to dismiss.

Rule 12.

Briefs.

Rule 12.1.

Briefs on cross-appeals.

Rule 12.2.

Accelerated appeals.

Rule 13.

Oral arguments.

Rule 14.

Stay of appeal.

Rule 15.

Disposition and orders.

Rule 16.

Stays and injunctive relief.

Rule 17.

Certified questions.

Rule 18.

Composition of justices.

Rule 19.

Opinions and disposition.

Rule 20.

Entry of judgment.

Rule 21.

Petitions for panel rehearing.

Rule 22.

Issuance of mandate.

Rule 23.

Substitution of parties.

Rule 24.

Withdrawal of counsel.

Rule 25.

Amicus curiae.

Rule 26.

Extraordinary writs.

Rule 27.

Writ of habeas corpus.

Rule 28.

Appeal as indigent.

Rule 29.

Interest on civil judgments.

Rule 30.

Prevailing party may be entitled to costs.

Rule 31.

Sealed proceedings and records.

Rule 32.

Suspension of rules.

Secs. 5-434—5-465. Reserved.

Article VI.

Rule 1.

Rule 1.1.

Rule 2.

Rule 2.1.

Rule 3.

Rule 4.

Rule 5.

Rule 6.

Rule 7.

Rule 8.

Rule 9.

Rule 10.

Rule 11.

Rule 12.

Rule 12.1.

Rule 13.

Rule 14.

Rule 15.

Rule 16.

Rule 17.

Supp. No. 6

Rules of Criminal Appellate Procedure

Scope of rule.

Definitions.

Appeal rights in criminal cases.

Appeal rights in juvenile cases.

Time for filing notice of appeal, special action, and consolidation

of appeals.

Form and contents of the notice of appeal.

Responsibility of the parties.

Record on appeal.

Transmission of the record.

Filing and service.

Time computation and extension of time.

Motions.

Motion to dismiss.

Briefs.

Briefs on cross-appeals.

Oral arguments.

Stay of appeal.

Disposition and orders.

Stays.

Certified questions.

CD5:4

RULES OF THE COMMUNITY COURT

Rule 18.

Composition of justices.

Rule 19.

Opinions and disposition.

Rule 20.

Entry of judgment.

Rule 21.

Petitions for panel rehearing.

Rule 22.

Issuance of mandate.

Rule 23.

Death of party.

Rule 24.

Withdrawal of counsel.

Rule 25.

Amicus curiae.

Rule 26.

Sealed proceedings and records.

Rule 27.

Suspension of rules.

Sec. 5-466.

Notice of appeal form.

Secs. 5-467—5-495. Reserved.

Article VII.

Community Rules of Evidence

Division 1.

General Provisions

Rule 101.

Title; definitions.

Rule 102.

Purpose and applicability of the rules.

Rule 103.

Rulings on evidence.

Rule 104.

Preliminary questions.

Rule 105.

Limiting evidence.

Rule 106.

Remainder of or related writings or recorded statements.

Secs. 5-496—5-520. Reserved.

Division 2.

Judicial Notice

Rule 201.

Judicial notice of adjudicative facts.

Secs. 5-521—5-555. Reserved.

Division 3.

Presumptions In Civil Cases

Rule 301.

Presumptions in civil cases generally.

Secs. 5-556—5-585. Reserved.

Division 4.

Relevance and Its Limits

Rule 401.

Test for relevant evidence.

Rule 402.

General admissibility of relevant evidence.

Rule 403.

Exclusion of relevant evidence for special circumstances.

Rule 404.

Character evidence; crimes or other acts.

Rule 405.

Methods of proving character.

Rule 406.

Habit; routine practice.

Rule 407.

Subsequent remedial measures.

Rule 408.

Compromise offers and negotiations.

Rule 409.

Offers to pay medical and similar expenses.

Rule 410.

Pleas, plea discussions and related statements.

Rule 411.

Liability insurance.

Rule 412.

Sex-offense cases: the victim's sexual behavior.

Rule 413.

Character evidence in sexual misconduct cases.

Secs. 5-586—5-613. Reserved.

Division 5.

Rule 501.

Rule 502.

Rule 503.

Rule 504.

Rule 505.

Supp. No. 6

Privileges

Privilege in general.

Counsel-client privilege and work product; limitations on waiver.

Physician-patient privilege.

Religious or spiritual communications.

Marital privilege.

CD5:5

COMMUNITY CODE OF ORDINANCES

Secs. 5-614—5-630. Reserved.

Division 6.

Witnesses

Rule 601.

Competency to testify in general.

Rule 602.

Need for personal knowledge.

Rule 603.

Oath or affirmation to testify truthfully.

Rule 604.

Interpreter.

Rule 605.

Judge's competency as a witness.

Rule 606.

Juror's competency as a witness.

Rule 607.

Who may impeach a witness.

Rule 608.

A witness' character for truthfulness or untruthfulness.

Rule 609.

Impeachment by evidence of a criminal conviction.

Rule 610.

Religious beliefs or opinions.

Rule 611.

Mode and order of examining witnesses and presenting evidence.

Rule 612.

Writing used to refresh a witness' memory.

Rule 613.

Witness' prior statements.

Rule 614.

Court's calling or examining a witness.

Rule 615.

Excluding witnesses.

Secs. 5-631—5-664. Reserved.

Division 7.

Opinions and Expert Testimony

Rule 701.

Opinion testimony by lay witnesses.

Rule 702.

Testimony by expert witnesses.

Rule 703.

Bases of an expert's opinion testimony.

Rule 704.

Opinion on an ultimate issue.

Rule 705.

Disclosing the facts or data underlying an expert's opinion.

Rule 706.

Court appointed expert witnesses.

Secs. 5-665—5-693. Reserved.

Division 8.

Hearsay

Rule 801.

Definitions that apply to this division within this Community

Code of Ordinances; exclusions from hearsay.

Rule 802.

The rule against hearsay.

Rule 803.

Exceptions to the rule against hearsay; regardless of whether

the declarant is available as a witness.

Rule 804.

Exceptions to the rule against hearsay; when the declarant is

unavailable as a witness.

Rule 805.

Hearsay within hearsay.

Rule 806.

Attacking and supporting the declarant's credibility.

Rule 807.

Residual exception.

Secs. 5-694—5-725. Reserved.

Division 9.

Authentication and Identification

Rule 901.

Authenticating or identifying evidence.

Rule 902.

Evidence that is self-authenticating.

Rule 903.

Subscribing witness' testimony.

Secs. 5-726—5-750. Reserved.

Division 10.

Rule 1001.

Rule 1002.

Rule 1003.

Rule 1004.

Rule 1005.

Supp. No. 6

Contents of Writings, Recordings, and Photographs

Definitions that apply to this division within this Community

Code of Ordinances.

Requirement of the original.

Admissibility of duplicates.

Admissibility of other evidence of content.

Copies of public records to prove content.

CD5:6

RULES OF THE COMMUNITY COURT

Rule 1006.

Rule 1007.

Rule 1008.

Summaries to prove content.

Testimony or statement of a party to prove content.

Functions of the court and jury.

Article VIII.

Division 1.

I.

II.

III.

IV.

V.

VI.

VII.

VIII.

IX.

X.

XI.

Regulation of the Practice of Law

Rules and Application for Admission to Practice

Licensing requirement.

Establishment of admissions committee.

Admissions examination.

Character and fitness application.

Professionalism course.

Continuing legal education.

Ongoing duty to report.

Pro hac vice admission.

Oath of office.

Practice pending admission.

Certified limited practice students.

Division 2.

Rules of Professional Conduct

Preamble.

Subdivision I.

Rule 1.1.

Rule 1.2.

Client-Advocate Relationship

Rule 1.12.

Rule 1.13.

Rule 1.14.

Rule 1.15.

Rule 1.16.

Rule 1.17.

Rule 1.18.

Competence.

Scope of representation and allocation of authority between

client and advocate.

Diligence.

Communication.

Fees.

Confidentiality of information.

Conflict of interest: Current clients: General.

Conflict of interest: Current clients: Specific rules.

Duties to former clients.

Imputation of conflicts of interest: General rule for advocate

with a firm.

Special conflicts of interest for former and current government

officers and employees.

Former judge, arbitrator, mediator or other third-party neutral.

Organization as client.

Client with diminished capacity.

Safekeeping property.

Declining or terminating representation.

Sale of law practice.

Duties to prospective client.

Rule 2.1.

Rule 2.2.

Rule 2.3.

Rule 2.4.

Advisor.

Reserved.

Evaluation for use by third persons.

Advocate serving as third-party neutral.

Rule 1.3.

Rule 1.4.

Rule 1.5.

Rule 1.6

Rule 1.7.

Rule 1.8.

Rule 1.9.

Rule 1.10.

Rule 1.11.

Subdivision II.

Counselor

Subdivision III.

Rule 3.1.

Rule 3.2.

Rule 3.3.

Rule 3.4.

Supp. No. 7

Advocate

Meritorious claims and contentions.

Expediting litigation.

Candor toward the tribunal.

Fairness to opposing party and counsel.

CD5:7

COMMUNITY CODE OF ORDINANCES

Rule 3.5.

Rule 3.6.

Rule 3.7.

Rule 3.8.

Rule 3.9.

Rule 3.10.

Impartiality and decorum of the tribunal.

Trial publicity.

Advocate as witness.

Special responsibilities of a prosecutor.

Advocate in other proceedings.

Credible and material exculpatory information about a convicted

person.

Subdivision IV.

Rule 4.1.

Rule 4.2.

Rule 4.3.

Rule 4.4.

Truthfulness in statements to others.

Communication with person represented by counsel.

Dealing with unrepresented person.

Respect for rights of third persons.

Subdivision V.

Rule 5.1.

Rule 5.2.

Rule 5.3.

Rule 5.4.

Rule 5.5.

Rule 5.6.

Rule 5.7.

Rule 5.8.

Transactions with Persons Other Than Clients

Srpmic Legal Departments, Advocate Firms, and Associates

Responsibilities of partners, managers, and supervisory advocates.

Responsibilities of a subordinate advocate.

Responsibilities regarding non-advocate assistants.

Professional independence of an advocate.

Unauthorized practice; multijurisdictional practice.

Restrictions on right to practice.

Responsibilities regarding law-related services.

Accepting appointments.

Subdivision VI.

Rule 6.1.

Rule 6.2.

Rule 6.3.

Membership in legal services organization.

Law reform activities affecting client interests.

Nonprofit and court-sponsored limited legal service programs.

Subdivision VII.

Rule 7.1.

Rule 7.2.

Rule 7.3.

Rule 7.4.

Rule 7.5.

Rule 7.6.

Maintaining the Integrity of the Profession

Admission and disciplinary actions.

Judicial and legal officials.

Reporting professional misconduct.

Misconduct.

Disciplinary authority; choice of law.

Division 3.

Part A.

Part B.

Part C.

Information about Legal Services

Communications concerning an advocate's services.

Advertising.

Solicitation of clients.

Communication of fields of practice and specialization.

Firm names and letterheads.

Political contributions to obtain legal engagements or appointments by judges.

Subdivision VIII.

Rule 8.1.

Rule 8.2.

Rule 8.3.

Rule 8.4.

Rule 8.5.

Public Service

Rules of Judicial Conduct

Preamble.

Scope.

Terminology.

Application.

Applicability of this Code.

Pro tempore judge.

Time for compliance by new judges.

Canon 1

Rule 1.1.

Supp. No. 7

Compliance with the law.

CD5:8

RULES OF THE COMMUNITY COURT

Rule 1.2.

Rule 1.3.

Promoting confidence in the judiciary.

Avoiding abuse of the prestige of judicial office.

Canon 2

Rule 2.1.

Rule 2.2.

Rule 2.3.

Rule 2.4.

Rule 2.5.

Rule 2.6.

Rule 2.7.

Rule 2.8.

Rule 2.9.

Rule 2.10.

Rule 2.11.

Rule 2.12.

Rule 2.13.

Rule 2.14.

Rule 2.15.

Rule 2.16.

Giving precedence to judicial duties.

Impartiality and fairness.

Bias, prejudice, and harassment.

External influences on judicial conduct.

Competence, diligence, and cooperation.

Ensuring the right to be heard.

Responsibility to decide.

Decorum, demeanor, and communication with jurors.

Ex parte communication.

Judicial statements.

Disqualification.

Supervisory duties.

Administrative appointments.

Disability and impairment.

Responding to judicial and advocate misconduct.

Cooperation with disciplinary authorities.

Canon 3

Rule 3.1.

Rule 3.2.

Rule 3.3.

Rule 3.4.

Rule 3.5.

Rule 3.6.

Rule 3.7.

Rule 3.8.

Rule 3.9.

Rule 3.10.

Rule 3.11.

Rule 3.12.

Rule 3.13.

Rule 3.14.

Rule 3.15.

Rule 3.16.

Supp. No. 7

Extrajudicial activities in general.

Appearances before governmental bodies and consultation with

government officials.

Acting as a character witness.

Appointments to governmental positions.

Use of nonpublic information.

Affiliation with discriminatory organizations.

Participation in educational, religious, charitable, fraternal, or

civic organizations and activities.

Appointments to fiduciary positions.

Service as arbitrator or mediator.

Practice of law.

Financial, business, or remunerative activities.

Compensation for extrajudicial activities.

Acceptance and reporting of gifts, loans, bequests, benefits, or

other things of value.

Reimbursement of expenses and waivers of fees or charges.

Financial reporting requirements.

Conducting weddings.

CD5:8.1

RULES OF THE COMMUNITY COURT

(b) Jury trials in traffic violation cases. There

shall be no jury trials in cases where a person is

charged with a traffic violation when:

ARTICLE I. IN GENERAL

Sec. 5-1. Application of law.

(a) In all actions before the courts of the

Community, the law of the Community shall be

controlling. The law of the Community consists

of this Community Code of Ordinances and

common law of the Community. The common law

of the Community is composed of both the customary law of the Community and the rules of law

and decisions of the Community court.

(b) In cases where this Community Code of

Ordinances is silent as to an issue of procedural

law, the court may, in its discretion, use procedural

rules or laws of the United States to fashion a

remedy.

(1)

The exclusive penalty is a fine; or

(2)

The court determines after a request for

jury trial is made that no penalty of

imprisonment shall be imposed in the

event the defendant is found guilty.

(c) Right to jury trial. In cases where the

possibility of imprisonment exists, the defendant

shall have the right to elect a trial by jury upon

request.

(d) Jury procedure.

(1)

(c) In determining issues of law, the Community court may use as a resource cases decided

by the courts of the following:

(1)

Indian tribes;

(2)

The United States; and

(3)

The several states and territories of the

United States.

(Code 1981, § 5-1; Code 2012, § 5-1; Ord. No.

SRO-164-93, § 1, 2-3-1993; Ord. No. SRO-4022012, § 5-1, 5-30-2012)

Jury list to be prepared; cases involving

special tribal criminal jurisdiction pursuant to chapter 6, article 1, section 6-0(c)

and (d) and chapter 10, article VII, section 10-251(b) and (c) of the Salt River

Pima-Maricopa Indian Community Code

of Ordinances. Within 30 days prior to

January 1 of each calendar year, the

Community Council shall cause a jury

list to be prepared consisting of the following, which shall be presented to the

Community court when it is completed:

a.

All of the members of the Salt River

Pima-Maricopa Indian Community

over the age of 18 years who are not

judges of the Community court,

employees of the Community court,

or employees of the Community

police department;

b.

All employees of the Salt River PimaMaricopa Indian Community government (excluding enterprises) over

the age of 18 years who are not

Community members and who are

not judges of the Community court,

employees of the Community court,

or employees of the Community

police department.

Secs. 5-2—5-20. Reserved.

ARTICLE II. CIVIL PROCEDURE*

Secs. 5-21—5-34. Reserved.

Sec. 5-35. Juries.

(a) Jury trials in civil cases. Jury trials may

be ordered by the court in civil cases only upon

the stipulation in writing of all of the plaintiffs

and defendants. The court shall have the discretion in cases where such a stipulation is filed

with it to either order a jury trial or not. The

court's order shall not be subject to appeal.

*Editor’s note—The Community Court's Rules of Civil

Procedure are publically available on the Community Court's

internet site. The Court Rules Committee is currently revising the Rules of Civil Procedure and when enacted these

amended rules will be codified in this article.

Supp. No. 6

§ 5-35

CD5:9

(2)

Jury list to be prepared; all other criminal

cases and civil cases. Within 30 days

prior to January 1 of each calendar year,

the Community Council shall cause a

jury list to be prepared consisting of all of

the members of the Salt River Pima-

§ 5-35

COMMUNITY CODE OF ORDINANCES

Maricopa Indian Community over the

age of 18 years who are not judges of the

Community court, employees of the Community court or employees of the Community police department. This list shall

be presented to the Community court

when it is completed.

(3)

How constituted. A jury shall consist of

six individuals drawn from the jury list.

The drawing will be by some disinterested

person or persons appointed by the judge.

A minimum of ten names shall be drawn

from which the selections will be made.

Any party to the case may challenge not

more than two members of the panel so

chosen, except for cause.

(4)

Cause for excusing a prospective juror.

The judge may excuse a prospective juror

only if the prospective juror states that

any circumstances of relationship or kinship with any of the parties will cause

that juror to be biased as to any of the

parties, or that a prospective juror's

knowledge of facts in regard to the case

to be presented will predispose the

prospective juror to make a decision

without regard to what is presented in

the case, and the judge shall excuse a

prospective juror in such circumstances

only if the judge is satisfied that the

juror's statement is true and correct.

(5)

(6)

(7)

Conduct of voir dire. Only the judge shall

question the prospective jurors in regard

to their qualifications to serve on a jury.

The parties or their attorneys or advocates

may submit questions to the judge for

such questioning and the judge may use

such questions.

Verdict. The judge shall instruct the jury

in the law governing the case; and the

jury shall bring a verdict for the complainant or the defendant. The judge shall

render judgment in accordance with the

verdict and existing laws. In civil cases,

a majority of four of the six jurors is

necessary for a verdict.

Jurors ' fees. All persons who are

subpoenaed to serve as members of a

Supp. No. 6

panel from which a jury is to be chosen

shall be entitled to compensation for

each day or part thereof such services are

required in court. The amount of such

compensation shall be determined from

time to time by resolution of the Salt

River Pima-Maricopa Indian Community

Council. Such compensation shall be

uniform for all members of any such

panel.

(Code 1981, § 5-25; Code 2012, § 5-25; Ord. No.

SRO-161-93, § 1, 1-27-1993; Ord. No. SRO-3972012, 6-1-2012; Ord. No. SRO-402-2012, § 5-25,

5-30-2012; Ord. No. SRO-540-2022, 2-23-2022,

eff. 5-1-2022; Ord. No. SRO-568-2023, 9-202023)

Secs. 5-36—5-58. Reserved.

ARTICLE III. RECEIVERS

Sec. 5-59. Application for appointment.

Application for the appointment of a receiver

shall be in the form of a verified petition filed in

the Community court. The petition shall set

forth the facts supporting the application. The

petition shall be accompanied with affidavits

concerning the debts of the entity that is the

subject of the receivership.

(Code 1981, § 5-50; Code 2012, § 5-50; Ord. No.

SRO-98-85, 4-24-1985; Ord. No. SRO-402-2012,

§ 5-50, 5-30-2012)

Sec. 5-60. Hearing on application.

The Community court shall hold a public

hearing within 30 days of the filing of the

petition. Notice of the hearing shall be given to

all interested parties by registered mail or in

such other manner as the court may by order

provide.

(Code 1981, § 5-51; Code 2012, § 5-51; Ord. No.

SRO-98-85, 4-24-1985; Ord. No. SRO-402-2012,

§ 5-51, 5-30-2012)

Sec. 5-61. Findings of fact.

The judge of the Community presiding at the

hearing shall make findings of fact concerning

the eligibility of the receiver, the scope of the

CD5:10

RULES OF THE COMMUNITY COURT

receiver's duties, any bond required to be posted

by the receiver, compensation to the receiver and

requirements concerning periodic accountings to

the Community court.

(Code 1981, § 5-52; Code 2012, § 5-52; Ord. No.

SRO-98-85, 4-24-1985; Ord. No. SRO-402-2012,

§ 5-52, 5-30-2012)

Sec. 5-62. Qualifications of receiver.

(a) The Community court shall not appoint as

a receiver a member of the immediate family of

any owner of the subject matter of the receivership, any employee or officer of the Community,

or any person otherwise interested in the subject

matter of the receivership except under the

provisions of subsection (b) of this section.

(b) After such notice as the Community court

shall find is adequate, and if no party shall have

objected, the court may appoint a person interested

in the subject matter of the receivership if the

court finds the subject matter of the receivership

has been abandoned or that the duties of the

receiver will consist chiefly of physical preservation of the property (including crops growing

thereon), collection of rents or the maturing,

harvesting and disposition of crops then growing

thereon.

(Code 1981, § 5-53; Code 2012, § 5-53; Ord. No.

SRO-98-85, 4-24-1985; Ord. No. SRO-402-2012,

§ 5-53, 5-30-2012)

Sec. 5-64. Removal or suspension of

receiver; termination of

receivership.

(a) Dismissal of action. An action wherein a

receiver has been appointed shall not be dismissed

except by order of the Community court.

(b) Termination of receivership. A receivership may be terminated upon motion served with

at least ten days notice upon all parties who

have appeared in the proceedings. In the notice

of hearing, the Community court shall require

that a final account and report be filed and

served upon all parties served with the notice.

The final account and report shall include an

audit of the books and records of receivership.

An opportunity for written objections to said

account shall be provided. In the termination

proceedings the court shall take such evidence as

is appropriate and shall make such order as is

just concerning its termination, including all

necessary orders in regard to the fees and costs

of the receivership.

(c) Suspension; removal of receiver. The Community court may at any time suspend a receiver

and may, upon notice, remove a receiver and

appoint another.

(Code 1981, § 5-55; Code 2012, § 5-55; Ord. No.

SRO-98-85, 4-24-1985; Ord. No. SRO-402-2012,

§ 5-55, 5-30-2012)

Secs. 5-65—5-90. Reserved.

Sec. 5-63. Bond.

Before entering upon his or her duties, the

receiver, if the Community court so requires,

shall file a bond to be approved by the Community court. The bond shall be in the amount

fixed by the order of appointment and conditioned

that the receiver shall faithfully discharge his or

her duties and obey orders of the Community

court. The receiver shall make an oath to the

same effect, which oath shall be endorsed on the

bond. The clerk of the Community court shall

thereupon deliver to the receiver a certificate of

his or her appointment. The certificate shall

contain a description of the property involved in

the action.

(Code 1981, § 5-54; Code 2012, § 5-54; Ord. No.

SRO-98-85, 4-24-1985; Ord. No. SRO-402-2012,

§ 5-54, 5-30-2012)

Supp. No. 6

Art. IV, Rule 2

ARTICLE IV. RULES OF CRIMINAL

PROCEDURE

DIVISION 1. SCOPE, PURPOSE AND

CONSTRUCTION

Rule 1. Scope.

These rules govern the procedure in all criminal

proceedings in the Community court. These rules

shall be known as the Salt River Pima-Maricopa

Indian Community Rules of Criminal Procedure

(SR-RCP).

(Code 2012, § 5-31(rule 1); Ord. No. SRO-3952012, § 5-31(rule 1), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 1), 5-30-2012)

CD5:11

Rule 2

COMMUNITY CODE OF ORDINANCES

Rule 2. Interpretation.

These rules shall be interpreted to provide for

the just determination of every criminal proceeding, to secure simplicity in procedure and fairness in administration, and to eliminate delay

and unjustifiable expense.

(Code 2012, § 5-31(rule 2); Ord. No. SRO-3952012, § 5-31(rule 2), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 2), 5-30-2012)

Rule 2.1. Definitions.

The following words, terms and phrases, when

used in this article, shall have the meanings

ascribed to them in this section, except where

the context clearly indicates a different meaning:

Advocate means a person who is authorized to

practice law before the Community court and

who is not a licensed attorney.

Arrest means the person has been taken into

custody by a police officer.

Attorney means a person who meets the following criteria: the person must be a graduate of

a law school, licensed to practice law in any state

of the United States, and has been authorized to

practice law by the Community court.

Code means this Community Code of

Ordinances of the Salt River Pima-Maricopa

Indian Community.

Community or SRPMIC means Salt River

Pima-Maricopa Indian Community.

Court means the Salt River Pima-Maricopa

Indian Community Court as defined in this

Community Code of Ordinances.

belief that a criminal offense was committed or is

being committed by the person charged with or

arrested for the offense.

Prosecutor means a person or persons

authorized by the Community under article II,

chapter 4.5 to represent the Community in

criminal cases.

Voluntary means a person acts of own free will

without coercion or force.

Working or business day means any day except

weekends and designated Community holidays.

(Code 2012, § 5-31(rule 2.1); Ord. No. SRO-3952012, § 5-31(rule 2.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 2.1), 5-30-2012)

Rule 2.2. Notice.

All parties, attorneys, and advocates are

required to ensure that the court has current

contact information for purposes of providing

notice of hearings, filing deadlines, and other

scheduling issues. Notice will be deemed sufficient under this chapter if provided to a party

or their attorney or advocate of record through

any means reasonably calculated to provide actual

notice including personal service, first class mail,

or through an electronic mail account on file

with the court unless another rule or specific

court order requires another form of notice.

(Ord. No. SRO-526-2021, 10-4-2020)

Secs. 5-91—5-120. Reserved.

DIVISION 2. PRELIMINARY PROCEEDINGS

Counsel has the same meaning as the term

"advocate" or "attorney."

Rule 3. Commencement of criminal

proceeding.

Incompetent means a person is unable to

understand the criminal proceedings against the

person or a person is unable to assist in the

person's own defense in criminal prosecution.

Criminal actions are commenced by filing a

complaint with the court or by an arrest of a

person without a warrant as set forth in Rule

3.1. Traffic offenses with criminal sanctions may

be commenced by a traffic citation, an arrest of a

person under Rule 3.1, or by a complaint.

(Code 2012, § 5-31(rule 3); Ord. No. SRO-3952012, § 5-31(rule 3), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 3), 5-30-2012)

Mental health professional means a licensed

psychiatrist or psychologist.

Probable cause means an existence of

circumstances that would lead to a reasonable

Supp. No. 6

CD5:12

RULES OF THE COMMUNITY COURT

Rule 3.1. Arrest without a warrant.

If a person is arrested without a warrant, the

arresting officer, without unreasonable delay,

shall prepare the probable cause statement,

which shall be delivered either physically or by

electronic means to the court by the arresting

officer or the officer's agent without delay.

(Code 2012, § 5-31(rule 3.1); Ord. No. SRO-3952012, § 5-31(rule 3.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 3.1), 5-30-2012)

(a) Time limits and purpose. An arrested person

shall be brought before a judge no later than 48

hours after arrest for the person's initial appearance. At the arrested person's initial appearance, the court shall:

(1)

Obtain the arrested person's true name,

physical and mailing addresses;

(2)

Advise the arrested person of the nature

of the charge(s);

(3)

Advise the arrested person of the right to

remain silent;

(4)

Advise the arrested person of the right to

counsel;

(5)

Determine whether probable cause exists

to believe a criminal and/or a traffic

offense has been committed in violation

of this Community Code of Ordinances.

If no probable cause is found, the judge

shall order the release of the arrested

person for the arrested offense.

(b) Finding of probable cause. If probable

cause is found by the judge, the judge shall:

Determine the conditions of release pursuant to Rule 8;

(2)

Advise the defendant of the next court

appearance date;

(3)

Provide written notice to the defendant

of his or her rights pursuant to the

Indian Civil Rights Act (25 USC §§ 1301-

Supp. No. 6

1304), as amended by the Violence Against

Women Act Reauthorization Act of 2022.

(Code 2012, § 5-31(rule 3.2); Ord. No. SRO-3952012, § 5-31(rule 3.2), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 3.2), 5-30-2012; Ord. No.

SRO-569-2023, 9-20-2023)

Rules committee comment note to subsection (a) of

this rule. Although the Rule allows for the defendant's

initial appearance to occur within 48 hours of arrest, the

court should make best efforts to schedule the initial appearance within 24 hours of arrest.

Rule 3.3. Complaint against an arrested

person; form of complaint;

prosecution of complaint.

Rule 3.2. Initial appearance of an

arrested person.

(1)

Art. IV, Rule 4

(a) Complaint against an arrested person. If a

person was arrested without a warrant, a prosecutor shall file a complaint bearing a prosecutor's

signature within 72 hours of the person's arrest.

If a complaint that bears the signature of a

prosecutor is not filed within 72 hours of the

person's warrantless arrest, the person shall be

released immediately. If a prosecutor's office

files a notice of declination of prosecution, the

defendant shall be released from custody for the

arrested offense.

(b) Contents of criminal complaint. The

complaint shall be in writing and contain a

statement of the essential facts constituting the

offense charged, the name of the defendant, the

approximate date and time of the offense charged,

the place where the offense occurred, and a

citation of this Community Code of Ordinances

provision under which the offense is charged.

The complaint shall bear the original signature

of a duly authorized prosecutor. Technical errors

in the complaint that do not deprive the defendant

of fair notice of the offenses charged shall not be

grounds for dismissal and the complaint may be

amended for technical errors at the discretion of

the court.

(c) Prosecution of complaint. The Community

shall prosecute all such complaints through an

authorized prosecutor, including, but not limited

to a special prosecutor.

(Code 2012, § 5-31(rule 3.3); Ord. No. SRO-3952012, § 5-31(rule 3.3), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 3.3), 5-30-2012)

CD5:13

Rule 4

COMMUNITY CODE OF ORDINANCES

Rule 4. Arrest warrant; presumption of

summons.

(a) Issuance. A judge may issue an arrest

warrant or summons upon request of the prosecutor, after a complaint has been filed, and the

judge determines that there is probable cause to

believe the offense has been committed and the

defendant committed the offense.

(b) Presumption of summons. There shall be a

presumption in favor of issuing a summons,

unless the court finds:

(1)

The defendant has no reliable address

within the Community at which to receive

a summons;

(2)

The defendant has confirmed active warrants in any jurisdiction;

(3)

The nature of the offense poses a threat

to the health, safety and welfare of the

victim or the Community;

(4)

The offense is related to an escape from

lawful custody or resistance of lawful

arrest;

(5)

The defendant has other criminal matters pending at the time the offense was

alleged to have occurred; or

(6)

The defendant has a history of failures to

appear that indicate defendant is unlikely

to respond to the summons.

(c) Arrest warrant procedure. An arrest warrant will be issued by the court when the judge

reasonably believes that the warrant is necessary. The arrest warrant shall be delivered to the

defendant at the time of the arrest or no later

than the initial appearance of the defendant.

When an arresting officer is not in possession of

the arrest warrant at the time of arrest, the

officer shall inform the defendant that such a

warrant has been issued, that the officer is

acting pursuant to the arrest warrant and that a

copy of the warrant will be delivered to the

defendant by his or her initial appearance.

(d) Form of warrant. A warrant must contain

the name of the defendant, information by which

the person arrested may be identified with reasonable certainty, and a description of the offenses

Supp. No. 6

charged. The warrant must be signed by a

Community judge. A warrant of arrest shall not

be invalidated, nor shall any person in custody

be discharged because the warrant contains

technical or clerical errors. The warrant may be

amended by any judge to remedy the defect.

(e) Execution of a warrant. A warrant is

executed by arresting the defendant. Upon an

arrest, the arresting officer shall notify the

defendant of the existence of the warrant and of

the offenses charged. After executing the warrant, the warrant shall be returned to the issuing court before whom the defendant is brought.

Only officers authorized under the ordinance to

make arrests or a federal police officer may

arrest a person pursuant to a Community arrest

warrant.

(f) Authority for a warrantless arrest. A Community police officer or federal law enforcement

officer may arrest a person when the officer has

probable cause.

(g) Summons. A summons shall contain the

same information as a warrant, but shall also

include the date, time and location that the

defendant is ordered to appear. If a defendant

fails to appear after having been served with a

summons, the court may issue an arrest warrant.

(Code 2012, § 5-31(rule 4); Ord. No. SRO-3952012, § 5-31(rule 4), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 4), 5-30-2012)

Rule 4.1. Search warrants.

Any judge of the Community shall have the

authority to issue warrants for search and seizure

of the premises or property of any person, and

traits of a person including, but not limited to

blood, saliva, voice exemplar, handwriting

exemplar, and fingerprints, under the jurisdiction of Community, or under rules of comity. No

search warrant shall be issued except on probable cause, supported by a sworn affidavit, that

an offense has been committed in violation of

this Community Code of Ordinances, naming or

describing the property to be seized and the

place to be searched. Service of warrants of

search and seizure shall be made only by a

Community police officer or federal law enforce-

CD5:14

RULES OF THE COMMUNITY COURT

ment officer. If the warrant is domesticated

pursuant to rules of comity, the warrant may be

executed by the authorized agent of the issuing

jurisdiction. All warrants shall bear the signature

of a judge of the Community court.

(Code 2012, § 5-31(rule 4.1); Ord. No. SRO-3952012, § 5-31(rule 4.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 4.1), 5-30-2012)

Rule 5. Arraignment.

(a) Time period. Within ten calendar days

after initial appearance under Rule 3.2, the

defendant shall appear before a judge for arraignment. If a defendant appears on a summons, the

arraignment shall proceed on the defendant's

first appearance before a judge.

(b) Arrest without a warrant. If a defendant is

arrested without a warrant, a complaint meeting

requirements of Rule 3.3, must be filed prior to

arraignment.

(c) Procedure.

(1)

The judge shall read the complaint to the

defendant in the language that the

defendant understands; and

(2)

The judge shall also advise the defendant

of the following:

charges. If the defendant refuses or

is unable to enter a plea, the court

shall enter a plea of "not guilty" on

behalf of the defendant.

(3)

A copy of the complaint shall be given to

the defendant or to defendant's counsel.

(Code 2012, § 5-31(rule 5); Ord. No. SRO-3952012, § 5-31(rule 5), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 4.2), 5-30-2012)

Rule 5.1. Setting of trial date.

(a) If a plea is "not guilty," then the court

shall set a hearing date pursuant to Rule 7.1.

This hearing may be any of the following:

(1)

A trial date; or

(2)

A change of plea hearing date; or

(3)

A status hearing date.

(b) Setting a change of plea hearing date or a

status hearing date rather than a trial date

requires the consent of the prosecutor and the

defendant.

(c) If a change of plea hearing date or status

hearing date is set, then the period of time

between the arraignment date and the next

scheduled hearing shall be waived pursuant to

Rule 7.2.

(d) If a trial date is set, and if the defendant is

not notified of a trial date at the time of his or

her entry of a not guilty plea, then no later than

ten days after arraignment, the court shall give

notice to the defendant of a trial date.

(Code 2012, § 5-31(rule 5.1); Ord. No. SRO-3952012, § 5-31(rule 5.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 5.1), 5-30-2012; Ord. No.

SRO-565-2023, 9-20-2023)

a.

The right to remain silent.

b.

The right to a trial by jury.

c.

The right to confront and cross

examine his or her accusers, to plead

not guilty, and to call witnesses.

d.

The right to have the assistance of

counsel for the charges.

e.

The right to be considered for release

pending trial or if the defendant is

released, any modification of release

conditions.

Secs. 5-121—5-149. Reserved.

The maximum sentence that could

be imposed if the defendant were to

be found guilty or plead guilty to

the charges.

Rule 6. Assistance of counsel.

f.

g.

Supp. No. 6

After the defendant is advised of his

or her rights set forth in subsection

(c)(2) of this rule, the defendant

shall be asked to enter a plea to the

Rule 6

DIVISION 3. RIGHTS OF PARTIES

(a) Right to be represented by counsel. A

defendant shall be entitled to be represented by

counsel in any criminal proceeding.

(1) If the defendant is facing incarceration of

one year or less as a sanction for each

charged offense, the judge shall cause to

be appointed counsel for the defendant.

CD5:15

Rule 6

COMMUNITY CODE OF ORDINANCES

(2)

If the defendant is facing a sentence of

imprisonment greater than one year for

a single offense, the judge shall cause to

be appointed an attorney to represent

the defendant.

(3)

If the defendant is charged with an offense

of domestic violence or violation of a

protection order arising out of chapter

10, article VII, section 10-253, the judge

shall cause to be appointed an attorney

to represent the defendant.

(4)

If the defendant is charged with an offense

enumerated in chapter 6, section 6-0(d),

the judge shall cause to be appointed an

attorney to represent the defendant.

(5)

The right to be represented shall include

the right to consult in private with counsel

or the counsel's agent as soon as feasible

after a defendant is taken into custody,

at reasonable times thereafter and sufficiently in advance of a proceeding to

allow adequate preparation thereof.

(6)

The defendant may reject an appointed

counsel and inform the court of the intention to retain counsel at own expense.

(b) Waiver of right to counsel. A defendant

may waive his or her right to counsel under

subsection (a) of this section, in open court, after

the court has ascertained that he or she knowingly, intelligently and voluntarily desires to

forego counsel. A defendant may withdraw a

waiver of his or her right to counsel at any time.

A subsequent retention of counsel shall not

entitle the defendant to repeat any previous

proceedings. If there is a question of a defendant's

competency, defendant shall have appointed

counsel until the defendant has been found to be

competent.

(c) Unreasonable delay in retaining counsel.

If a defendant appears without counsel at any

proceeding after having been given a reasonable

opportunity to retain counsel, the court may

proceed with the matter, with or without securing a waiver of counsel under subsection (b) of

this section.

Supp. No. 6

(d) Notice of appearance. At his or her first

appearance on behalf of a defendant, privately

retained counsel for the defendant shall file a

notice of appearance with the court. No counsel

shall make an appearance without first being

authorized to practice within the Community

courts. With the court's permission, a counsel

who has not yet been authorized to practice in

the Community court, may make a limited appearance on behalf of the defendant upon submission

of an application. The counsel shall inform the

clerk of the court and the office of the prosecutor

or its designee, of all contact information including, but not limited to, mailing address, e-mail

address, telephone number and facsimile number.

(e) Duty of continuing representation. The

counsel representing the defendant at any

proceeding shall continue to represent the

defendant in all further proceedings in the court,

including filing the notice of appeal unless the

court permits the counsel to withdraw. The

counsel's duty to represent the defendant will

continue until either a notice of appeal is filed or

the time to file the notice of appeal has expired.

(Code 2012, § 5-31(rule 6); Ord. No. SRO-3952012, § 5-31(rule 6), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 6), 5-30-2012; Ord. No. SRO541-2022, 2-23-2022, eff. 5-1-2022; Ord. No.

SRO-569-2023, 9-20-2023)

Rule 6.1. Appointment of counsel for

indigent defendant (reserved).

The court should appoint counsel for the

defendant where defendant faces incarceration

as a potential punishment upon finding of guilt

for the charged offense if a defendant is unable

to obtain counsel at his or her own expense.

Before appointing counsel, the court should first

determine that the defendant is indigent. The

defendant shall be examined under oath regarding defendant's financial resources by the court.

The court may order the defendant to reimburse

the Community for the whole or partial cost of

counsel as a condition of appointment of counsel.

The court shall appoint an attorney to represent

the defendant if the defendant is charged with

an offense that carries a potential sentence of

CD5:16

RULES OF THE COMMUNITY COURT

imprisonment exceeding one year upon a conviction for a single offense. In all other cases, the

court may appoint an advocate or an attorney.

(Code 2012, § 5-31(rule 6.1); Ord. No. SRO-3952012, § 5-31(rule 6.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 6.1), 5-30-2012)

Rule 7. Right to trial by jury.

(a) Demand for jury trial. If a defendant is

charged with an offense where the maximum

sentence of imprisonment after a conviction for

each charged offense carries a sentence of

imprisonment not exceeding six months, the

defendant may demand a jury trial. The defendant

shall demand the jury trial in writing at least 30

days prior to a trial date or another date set by

the court. If a demand is not made within the

time limits set forth in this rule, the right to jury

trial is waived. For good cause, the court may

permit the defendant to request a jury trial after

the deadline for demand for jury trial has elapsed.

(b) Right to jury trial. If a defendant is charged

with an offense where the maximum sentence of

imprisonment is greater than six months for a

conviction for each charged offense, defendant

shall be entitled to a jury trial. If a defendant is

charged with more than one offense in the

complaint and the maximum sentence of imprisonment is greater than six months for a conviction

for any of the charged offense in the same

complaint, the defendant shall be entitled to a

jury trial without a demand. Defendant may

waive the right to a jury trial by submitting a

written request.

Rule 7.1. Speedy trial rights.

(a) All defendants. Every person against whom

a complaint is filed shall be tried within 150 days

of the arraignment except for those excluded

periods set forth in Rule 7.2.

(b) Defendants in custody. A defendant who

has been ordered detained shall be tried within

120 days from the date of defendant's arraignment for the offenses that was the basis for the

order of detention.

(c) Defendants released from custody. Every

person released from custody under Rule 8, shall

be tried within 150 days from arraignment.

(d) New trial. A trial ordered after a mistrial,

upon a motion for new trial, or reversed on

appeal shall commence within 60 days of the

order or mandate.

(e) Extension of time limits. These time limits

may be extended by Rule 7.2.

(Code 2012, § 5-31(rule 7.1); Ord. No. SRO-3952012, § 5-31(rule 7.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 7.1), 5-30-2012)

Rule 7.2. Excluded periods and continuances.

The following periods shall be excluded from

the computation of time limits set forth in Rule

7.1:

(1)

(c) Traffic offenses without imprisonment.

There shall be no right to a jury trial where a

person is charged with a traffic violation when:

(1)

The exclusive penalty is a fine; or

(2)

The court determines after a request for

jury trial is made that no penalty of

imprisonment shall be imposed in the

event the defendant is found guilty.

(Code 2012, § 5-31(rule 7); Ord. No. SRO-3952012, § 5-31(rule 7), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 7), 5-30-2012)

Supp. No. 6

Rule 7.2

CD5:17

(2)

Delays on behalf of the defendant. Delays

occasioned on behalf of or for the benefit

of the defendant, including but not limited

to:

a.

Determine

defendant;

competency

of

the

b.

If the defendant is incarcerated in

another jurisdiction;

c.

While the defendant is on absconder

status;

d.

Defendant's request to prepare for

trial; and

e.

While the plea agreement is under

consideration by the court.

Interest of justice. Any delays resulting

from continuances granted by the court

Rule 7.2

COMMUNITY CODE OF ORDINANCES

the defendant's appearance for trial or

ensure the safety of the Community, the

court may release defendant with conditions as follows:

at the request of a party to serve the

interest of justice. A continuance may

only be granted as long as it is necessary

to serve the interests of justice. The

court shall state the specific reasons for

the continuance and the excluded period

of time.

(Code 2012, § 5-31(rule 7.2); Ord. No. SRO-3952012, § 5-31(rule 7.2), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 7.2), 5-30-2012)

Rule 7.3. Remedy for denial of speedy

trial rights.

(a) Dismissal. If the court determines that

the defendant's speedy trial rights under Rule

7.1, have been violated, the court shall dismiss

the complaint upon defendant's motion or on its

own motion. The court shall have the discretion

to dismiss the case with or without prejudice.

(2)

Release on conditions. If the court

determines that a release on own

recognizance will not reasonably ensure

Supp. No. 6

CD5:18

Execution of a cash bond;

c.

Placing the person in the custody of

a designated person or organization

agreeing to supervise him or her;

d.

Restriction on the person's travel,

association, curfew or place of

residence during the period released;

e.

Any other condition which the court

deems reasonably necessary, including electronic monitoring.

(4)

Detention after determination of guilt. If

a defendant is found guilty or pleads

guilty to an offense which is likely to

result in a sentence of imprisonment, the

court may order that the defendant be

taken into custody. The defendant shall

receive credit for any presentence

incarceration towards the offense of

conviction.

(5)

Forfeiture of bond.

Rule 8. Consideration for release pending

trial.

Release on own recognizance. At initial

appearance or arraignment, any defendant

charged with the violation of law may be

ordered released pending trial on own

recognizance unless the judge determines

that such release will not reasonably

ensure the appearance of the defendant

for trial.

b.

Revocation and modification of conditions of release. Upon motion of any party

or on the court's own motion and with

notice to all parties, the court may amend

the conditions of release at any time. If

there is reason to believe that the

defendant has knowingly violated the

terms of conditions of release, the court

on its own motion or at the request of the

prosecutor may issue a warrant for the

arrest of the defendant to determine if

the defendant has violated the conditions

of release. If the court finds by a

preponderance of evidence that the

defendant has violated the conditions of

release, the court may detain the

defendant pending trial.

Rules committee note to this rule. The burden of

ensuring that speedy trial rights are not violated should fall

on the parties as well as the court. There may be circumstances

where the court may make mathematical errors and if it is

discovered by either party, the matter should be brought to

the attention of the court prior to the speedy trial violation

occurring.

(1)

Execution of an unsecured personal

bond in an amount specified by the

court;

(3)

(b) Duties of parties. All parties shall notify

the court of any speedy trial time violations

under Rule 7.1.

(Code 2012, § 5-31(rule 7.3); Ord. No. SRO-3952012, § 5-31(rule 7.3), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 7.3), 5-30-2012)

The court shall impose conditions that will

ensure the appearance of the defendant and the

safety of the Community prior to trial.

a.

a.

Notice and hearing. If, the court has

issued an arrest warrant for the

defendant under subsection (3) of

RULES OF THE COMMUNITY COURT

this rule, the court shall notify the

person posting the bond in writing

that the warrant was issued within

ten days of the issuance of the warrant. The court shall also set a

hearing within a reasonable time

not to exceed 30 days requiring the

defendant and the person posting

the bond to show cause as to why

the bond should not be forfeited.

The court shall notify the defendant,

the person posting the bond, and

the prosecution of the hearing in

writing. The hearing may proceed

without the defendant or the person

posting the bond if sufficient proof

exists that the defendant and the

person posting the bond, if any,

were given notice of the hearing.

b.

c.

Forfeiture. If at the hearing, the

violation is not explained or excused,

the court may enter an appropriate

order of judgment forfeiting all or

part of the amount of the bond,

which shall be enforceable by the

Community as any civil judgment.

Order of forfeiture. After entering

an order of forfeiture, the court

shall forward:

1.

A copy of the forfeiture order

to

the

defendant,

the

defendant's counsel, and the

person posting the bond; and

2.

A copy of a signed forfeiture

order to the Community. The

bond shall be forfeited to the

Community. A forfeiture of

bond under this rule does not

preclude the court from setting

new bond or other conditions

of release.

(6)

Bond forfeiture hearing. Prosecution may

be permitted to participate in the bond

forfeiture hearing, but shall not be

required to participate in the hearing.

(7)

Right of counsel at hearing. The defendant

or the person posting the bond may have

counsel at his or her own expense at the

bond forfeiture hearing.

Supp. No. 6

(8)

Rule 9.1

Return of bond.

a.

Termination of proceeding. If the

defendant has complied with the

conditions of release or the case is

dismissed prior to trial, the bond

shall be returned to the person who

posted the bond.

b.

At any time before violation of release

conditions. Upon a motion of the

defendant or the Community, if the

court finds that there is no further

need for an appearance bond, it

shall exonerate the appearance bond

and order the return of bond to the

person who posted the bond.

(Code 2012, § 5-31(rule 8); Ord. No. SRO-3952012, § 5-31(rule 8), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 8), 5-30-2012)

Rule 9. Defendant's right to be present.

A defendant shall have a right to be present

for arraignment, pretrial proceedings, at every

stage of the trial, and at the imposition of

sentence. The defendant may waive his or her

right to be present pursuant to Rules 9.1 and 9.2.

Code 2012, § 5-31(rule 9); Ord. No. SRO-3952012, § 5-31(rule 9), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 9), 5-30-2012)

Rule 9.1. Defendant's waiver of his or her

presence.

(a) Proceeding in defendant ' s absence. A

defendant may waive his or her right to be

present at a proceeding if the defendant

voluntarily absents himself or herself from the

proceeding. If the defendant fails to appear for a

proceeding, the proceeding in the defendant's

absence may occur upon the motion of the prosecutor if the court determines that the defendant's

absence is voluntary and proceeding in the

defendant's absence would be in the interest of

justice. In determining whether the defendant'

absence is voluntary, the court shall consider

whether the defendant had personal notice of the

time of the proceeding, informed of the right to

be present at the proceeding, the defendant's

past appearance or failure to appear for proceeding in the case, and any warning given to the

CD5:19

Rule 9.1

COMMUNITY CODE OF ORDINANCES

defendant that the matter would proceed if the

defendant fails to appear for the matter. Interest

of justice factors that the court may consider are

the hardship and inconvenience to victims and/or

witnesses, the prejudice to the prosecutor's case,

as well as any inconvenience to the court if the

proceeding does not go forward. The defendant

shall not be sentenced in his or her absence

without the defendant's written consent.

(b) Disruptive or disorderly conduct. A

defendant who voluntarily engages in disruptive

or disorderly conduct after having been warned

by the court that the continued disruptive or

disorderly conduct will result in forfeiture of his

or her right to be present for the proceeding shall

forfeit his or her right to be present at the

proceeding. A defendant may reacquire his or

her right to be present for the proceeding if the

defendant gives personal assurance to the court

of his or her intended good behavior. A defendant

may be excluded from the proceeding without

any additional warning if the defendant engages

in further disruptive or disorderly conduct. If

the defendant has been removed under this rule,

the court shall use reasonable means to enable

the defendant to hear, observe, or be informed of

the proceedings and give the defendant reasonable opportunity to consult with defendant's

counsel at reasonable intervals.

(c) Additional sanctions. In addition to sanctions imposed for disruptive or disorderly conduct

by the defendant, the court may impose sanctions under Rule 29.2 for contempt.

(Code 2012, § 5-31(rule 9.1); Ord. No. SRO-3952012, § 5-31(rule 9.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 9.1), 5-30-2012)

Rule 9.2. Defendant serving sentence in

other jurisdiction.

If a defendant is serving a sentence of imprisonment/jail in another jurisdiction and the defendant

has a charge pending in the court, the defendant

may request by writing to the court and to the

prosecutor to plead guilty to the Community

offense(s) and to have his or her sentence that

he/she is serving in another jurisdiction be credited

towards any sentence imposed in his or her

Community charge(s). Under this rule, a

Supp. No. 6

defendant and the prosecutor may reach an

agreement on the charge(s) and the sentence for

the court's consideration. A defendant who makes

this request agrees to give up his or her right to

be present for the guilty plea and sentence

hearing. The court may accept the agreement

reached by the defendant and the prosecutor and

make a determination of guilt and impose a

sentence without the defendant being personally

present. The clerk of the court shall forward a

copy of the determination of guilt and sentence

to the defendant. This rule does not give the

defendant the right to resolve the case.

(Code 2012, § 5-31(rule 9.2); Ord. No. SRO-3952012, § 5-31(rule 9.2), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 9.2), 5-30-2012)

Rule 10. Change of judge.

(a) For cause. Prior to trial or a hearing, the

prosecutor or the defendant shall be entitled to a

change of judge if the assigned judge cannot

conduct a fair and impartial hearing or trial

without prejudice or bias. The party requesting

the change of judge must file a motion verified by

affidavit of the moving party and must allege

specific grounds for the change of judge prior to

commencement of the hearing or trial. A party

may make an oral request for change of judge

with leave of court. The hearing on the motion

for change of judge for cause shall be heard by a

judge other than the challenged judge. If the

hearing judge determines by preponderance of

evidence that grounds exist for bias or prejudice,

the matter shall be reassigned to another judge.

(b) Entitlement. In any criminal case, each

party has a matter of right to a change of judge.

The party requesting the change in judge shall

file a "notice of change of judge" within ten days

of arraignment. A party loses the right to change

of judge under Rule 10(b), if the party participates

in any contested matter in the case, pretrial

hearing, or trial before the challenged judge or

fails to file the notice no later than ten days after

arraignment. Each party may exercise this right

once in any case.

(c) Reassignment of a judge. If a change of

judge is granted, the case shall be immediately

reassigned to another judge.

CD5:20

RULES OF THE COMMUNITY COURT

(d) Duties of a challenged judge. Upon filing a

motion for a change of judge for cause, the

challenged judge shall proceed no further on the

case except to issue temporary orders as may be

necessary in the interest of justice before the

case can be reassigned. The challenged judge

may enter an order recusing himself/herself from

the case.

(Code 2012, § 5-31(rule 10); Ord. No. SRO-3952012, § 5-31(rule 10), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 10), 5-30-2012; Ord. No.

SRO-548-2022, 9-28-2022)

Rule 10.1. Unavailability of judge.

If the judge before whom a trial or other

criminal proceeding is pending becomes unavailable, the case shall be immediately reassigned to

another judge. If, in the opinion of the new judge,

after a review of the record, the continuation of

the proceeding would be prejudicial to either the

prosecutor or a defendant, the judge shall order

a new trial or proceeding.

(Code 2012, § 5-31(rule 10.1); Ord. No. SRO-3952012, § 5-31(rule 10.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 10.1), 5-30-2012)

mental examination is sought. If the court

determines that an examination to determine

defendant's competency is warranted, the court

shall order that the defendant undergo a mental

health evaluation by a mental health professional to determine the defendant's competency

to stand trial. On the motion of the defendant or

with the defendant's consent, the court may

order a screening examination for a guilty except

insane plea to be conducted by a mental health

professional.

(c) Medical records and records related to the

offense. All available medical records and records

related to the offense in the party's control shall

be provided to the examining mental health

expert by the party seeking the examination

within seven days of the court's order authorizing the examination.

Rule 10.2. Competency to stand trial.

(a) Policy. A person shall not be tried, convicted,

sentenced or punished for a violation of Community law while, as a result of a mental illness,

defect, or disability, the person is unable to

understand the proceedings against him or her

or to assist in his or her own defense. Mental

illness, defect or disability means a psychiatric

or neurological disorder that is evidenced by

behavioral or emotional symptoms, including

congenital mental conditions, conditions resulting from injury or disease, and developmental

disabilities. The presence of a mental illness,

defect, or disability alone is not grounds for

finding a defendant incompetent to stand trial.

(b) Procedure. At any time after a complaint

is filed, the defendant or the prosecutor may

request in writing or the court on its own motion

may order, an examination of the defendant to

determine whether a defendant is competent to

understand the proceedings against the defendant.

The motion shall state the facts upon which the

Supp. No. 6

Rule 10.2

CD5:20.1

RULES OF THE COMMUNITY COURT

(d) Report of examination. Within 45 days of

the court's order authorizing examination of the

defendant to determine the defendant's competency to stand trial, the examiner shall submit a

written report to the court. Upon receipt of the

report, the court will copy and distribute the

expert's report to defendant's counsel. The defendant's counsel shall have five business days to

redact any statements of the defendant or summary of the defendant's statements pertaining to

the charged offense from the written report and

submit a copy of the report, with any redactions,

to the court for distribution to the prosecution. In

any event, statements of the defendant obtained

under these provisions regarding the charged

offense(s) or other crimes shall not be admissible

at or at any subsequent proceeding to determine

guilt or innocence, without the defendant's consent. For good cause, the time for filing the report

by the examiner may be extended for additional

30 days.

(e) Hearing. Within 30 days after the mental

health professional's report has been submitted to

the court, the court shall hold a hearing to determine the defendant's competency. The parties

may introduce other evidence regarding the defendant's mental condition, or by written stipulation, submit the matter on the report(s).

d.

(2)

Secs. 5-150—5-182. Reserved.

DIVISION 4. PRETRIAL MOTIONS AND

DISCOVERY

Rule 11. Pleas.

(a) Entering a plea.

Finds by preponderance of evidence that

the defendant is competent, proceedings

shall continue within 60 days. The defendant is entitled to repeat any proceeding

if there are reasonable grounds to believe

defendant was prejudiced by defendant's

previous incompetency;

Determines that the defendant is incompetent the court shall:

a.

Release the defendant from custody

for the charges if in custody;

b.

Dismiss the charges with prejudice;

c.

Refer the matter to Community prosecutor's office to pursue civil commitment of the defendant if the defendant poses danger to himself/herself

or to the Community or if the defendant is severely disabled;

Appoint a guardian ad litem.

(g) Confidentiality of the reports. The examination reports under this rule shall be treated as

confidential by the court and counsel in all respects. After the case proceeds to trial or the

defendant is found to be unable to regain competence, the court shall order the reports sealed.

The court may order the reports opened only for

further competency evaluation or examination or

when necessary to assist in mental health treatment or in a proceeding for civil commitment.

(Code 2012, § 5-31(rule 10.2); Ord. No. SRO-3952012, § 5-31(rule 10.2), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 10.2), 5-30-2012)

(1)

Conditional plea. With the consent of the

court and the prosecutor, a defendant

may enter a conditional plea of guilty or

no contest, reserving in writing the right

to have an appellate court review an adverse determination of a specified pretrial

motion. A defendant who prevails on appeal may then withdraw the plea.

(2)

No contest plea. Before accepting a plea of

no contest, the court must consider the

parties' views and the public interest in

the effective administration of justice. The

court may not accept a plea of no contest

without the consent of the prosecutor.

(f) Orders. After the hearing, if the court:

(1)

Art. IV, Rule 11

(b) Considering and accepting a guilty or no

contest plea.

CD5:21

(1)

Advising and questioning the defendant.

Before the court accepts a plea of guilty or

no contest, the court must address the

defendant personally in open court. During this address, the court must inform

the defendant of, and determine that the

defendant understands, the following:

a.

The right to plead not guilty, or having so pled, to persist in that plea;

Art. IV, Rule 11

b.

The right to a jury trial;

c.

The right to be represented by counsel at trial and at every other stage

of the proceeding;

d.

(2)

(3)

COMMUNITY CODE OF ORDINANCES

The right at trial to confront and

cross examine witnesses who are

against the defendant, to be protected from compelled self-incrimination, to testify and present evidence,

and to compel the attendance of witnesses;

a.

Not bring, or will move to dismiss

other charges;

b.

Recommend, or agree not to oppose

the defendant's request for a particular sentence; and

c.

Agree that a specific sentence is the

appropriate disposition of the case.

(2)

Disclosing a plea agreement. Plea agreements shall be entered on the record and

in open court unless the court finds that

good cause exists to seal the proceedings.

(3)

e.

The defendant's waiver of these trial

rights if the court accepts a plea of

guilty or no contest;

f.

The nature of each charge to which

the defendant is pleading;

g.

Any maximum possible penalty, including imprisonment, fine and term

of probation;

Rejecting a plea agreement. If the court

rejects a plea agreement containing stipulations of the parties, the court must do

the following on the record and in open

court unless the court finds that good

cause exists to seal the proceedings:

h.

Any mandatory minimum penalty;

a.

i.

The court's authority to order restitution; and

Inform the parties that the court

rejects the plea agreement;

b.

j.

The terms of any plea agreement

provision waiving the right to appeal.

Advise the defendant personally that

the court is not required to follow the

plea agreement and give the defendant the opportunity to withdraw

the plea;

c.

Advise the defendant personally that

if the plea is not withdrawn, the

court may dispose of the case less

favorably toward the defendant than

the plea agreement contemplated;

and

d.

The parties are entitled to reassignment of the case to a judge.

Ensuring that a plea is voluntary. Before

accepting a plea of guilty or no contest,

the court must address the defendant

personally in open court and determine

that the plea is voluntary and did not

result from force, threats, or promises

(other than promises in a plea agreement).

Determining the factual basis for a plea.

Before entering judgment on a guilty plea,

the court must determine that there is a

factual basis for the plea.

(c) Plea agreement procedure.

(1)

lesser or related offense, the plea agreement may specify that the prosecutor will:

In general. The parties may discuss and

reach a plea agreement. The assigned

trial judge must not participate in these

discussions without the consent of both

parties. If the defendant pleads guilty or

no contest to either a charged offense or a

(d) Withdrawing a guilty or no contest plea. If

the court rejects a plea agreement, a defendant

may withdraw a plea of guilty or no contest plea.

After the court imposes the sentence, the defendant may not withdraw a plea of guilty or no

contest, and the plea may be set aside only on

direct appeal. The court may allow a defendant to

withdraw his or her guilty or no contest plea prior

to sentencing to correct a manifest injustice as

long as the defendant's withdrawal of the plea

does not prejudice the Community. If the defendant's guilty or no contest plea is withdrawn, all

CD5:22

RULES OF THE COMMUNITY COURT

the original charges that existed before any changes

or dismissal were made as part of the plea agreement shall be reinstated.

(e) Inadmissibility of a plea, plea discussions,

and related statements. If the court rejects the

plea agreement, or the judgment is vacated or

reversed, neither the plea discussions nor any

statements made at a hearing on the plea shall be

admissible against the defendant in any criminal

or forfeiture proceedings.

(Code 2012, § 5-31(rule 11); Ord. No. SRO-3952012, § 5-31(rule 11), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 11), 5-30-2012; Ord. No. SRO412-2013, 3-1-2013)

Rules committee note to subsection (d) of this rule.

There may be limited circumstances where a defendant should

be allowed to withdraw his or her plea of guilt or no contest to

avoid manifest injustice prior to sentencing. The following are

nonexhaustive examples where a defendant should be allowed

to withdraw his or her plea of guilt or no contest: the plea was

entered involuntarily; the defendant did not have effective

assistance of counsel where the defendant was represented by

counsel; the defendant did not understand the nature of the

charges; there was insufficient factual basis for the plea; or

change in law.

Rule 12. Pretrial motions.

(a) Pretrial motions.

(1)

In general. All motions, other than one

made during a trial or a hearing, must be

made in writing and comply with Rule

31.1. Motions may be made orally with

the court's permission.

(2)

Motions that may be made before trial. A

party may raise by pretrial motion any

defense, objection, or request that the

court can determine without a trial of the

general issue.

(3)

Motions that must be made before trial.

The following shall be raised before trial:

a.

A motion alleging a defect in instituting the prosecution;

b.

A motion alleging a defect in the

complaint, but at any time while the

case is pending, the court may hear

a claim that the complaint fails to

invoke the court's jurisdiction or to

state an offense;

Art. IV, Rule 12.1

c.

A motion to suppress evidence or

suppress statements;

d.

A Rule 15, motion for discovery.

(b) Motions deadline. The court may set a

deadline for the parties to make pretrial motions

and may also schedule a motion hearing. If the

court does not set a deadline for motions, the

motion deadline shall be 30 days prior to trial.

Parties may make motions in limine at any time.

Generally, motions, defenses, or requests not timely

raised should be precluded unless the party making the motion did not know the basis for the

motion exercising reasonable diligence and the

party raises the motion promptly upon learning of

the basis of the motion.

(c) Ruling on a motion. The court must decide

every pretrial motion before trial unless it finds

good cause to defer a ruling. The court must not

defer ruling on a pretrial motion if the deferral

will adversely affect a party's right to appeal.

When factual issues are involved in deciding a

motion, the court must state its essential findings

on the record.

(Code 2012, § 5-31(rule 12); Ord. No. SRO-3952012, § 5-31(rule 12), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 12), 5-30-2012)

Rule 12.1. Notice of an alibi defense.

(a) Notice to prosecutor. If the defendant intends to raise the defense of alibi, the defendant

must serve written notice to the prosecutor of any

intended alibi defense. The defendant's notice

must state:

(1)

Each specific place where the defendant

claims to have been at the time of the

alleged offense; and

(2)

The name/aliases, if available, address,

and telephone number of each alibi witness on whom the defendant intends to

rely.

(b) Disclosing prosecutor witnesses. If the defendant serves a notice as set forth in subsection

(a) of this rule, the prosecutor must disclose in

CD5:23

Art. IV, Rule 12.1

COMMUNITY CODE OF ORDINANCES

writing to the defendant or the defendant's counsel 15 days after receiving the defendant's notice:

(1)

The name, address, and telephone number of each witness the prosecutor intends

to rely on to establish the defendant's

presence at the scene of the alleged offense; and

(2)

Each prosecutor's rebuttal witness to the

defendant's alibi defense.

(c) Continuing duty to disclose. Both prosecutor and the defendant must promptly disclose in

writing to the other party the name, address, and

telephone number of each additional witness if:

(1)

The disclosing party learns of the witness

before or during trial; and

(2)

The witness should have been disclosed

under subsection (a) or (b) of this rule if

the disclosing party had known of the

witness earlier.

(d) Exceptions. For good cause, the court may

grant an exception to any requirement of subsections (a) through (c) of this rule.

Rule 12.2. Notice of an insanity defense;

mental examination.

(a) Notice of an insanity defense. A defendant

who intends to assert a defense that the person

was insane at the time of the alleged offense must

so notify the prosecutor in writing within the time

provided for filing a pretrial motion, or at any

later time the court sets, and file a copy of the

notice with the clerk. A defendant who fails to

give notice is precluded from asserting an insanity defense. The court may, for good cause, allow

the defendant to file the notice late, grant additional trial preparation time or make other appropriate orders.

(b) Notice of expert evidence of a mental condition. If a defendant intends to introduce expert

evidence relating to a mental disease or defect or

any other mental condition of the defendant bearing on the issue of guilt, the defendant must,

within the time provided for filing a pretrial

motion or at any later time the court sets, notify

the prosecutor in writing of such intention and

file a copy of the notice with the clerk. The court

may, for good cause, allow the defendant to file the

notice late, grant the parties additional trial preparation time, or make other appropriate orders.

(e) Timeliness. The defendant shall comply with

subsection (a) of this rule within the time period

set forth for filing pretrial motions or at any later

time the court sets. The names of the intended

alibi witnesses and rebuttal witnesses shall be

filed with the court.

(f) Failure to comply. If a party fails to comply

with this rule, the court may exclude the testimony of any undisclosed witness regarding the

defendant's alibi. This rule does not limit the

defendant's right to testify.

(g) Inadmissibility of withdrawn intention. Evidence of an intention to rely on an alibi defense,

later withdrawn, or of a statement made in connection with that intention, is not, in any civil or

criminal proceeding, admissible against the person who gave notice of the intention.

(Code 2012, § 5-31(rule 12.1); Ord. No. SRO-3952012, § 5-31(rule 12.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 12.1), 5-30-2012)

CD5:24

(c) Mental examination.

(1)

Authority to order an examination; procedures.

a.

The court may order the defendant

to submit to a mental health examination under Rule 10.2.

b.

If the defendant provides notice under subsection (a) of this rule, the

court must, upon the Community's

motion, order the defendant to be

examined by a mental health professional. If the defendant provides notice under subsection (b) of this rule

the court may, upon the Community's

motion, order the defendant to be

examined under procedures ordered

by the court.

c.

The parties may stipulate to determination of mental illness based upon

the defendant's past mental health

and medical records.

RULES OF THE COMMUNITY COURT

(2)

Inadmissibility of a defendant's statements. No statement made by a defendant

in the course of any examination conducted under this rule (whether conducted with or without the defendant's

consent), no testimony by the expert based

on the statement, and no other fruits of

the statement may be admitted into evidence against the defendant in any criminal proceeding except on an issue regarding mental condition on which the

defendant has introduced evidence of incompetency or evidence requiring notice

under subsection (a) or (b) of this rule.

Rule 12.3. Notice of a public authority defense.

(a) Notice of the defense and disclosure of witnesses.

(d) Failure to comply. If the defendant fails to

give notice under subsection (b) of this rule or

does not submit to an examination when ordered

under subsection (c) of this rule, the court may

preclude the defendant from offering any mental

health professional's testimony or opinion evidence on the issue of the defendant's mental

disease, mental defect, or any other mental condition bearing on the defendant's guilt.

(e) Inadmissibility of withdrawn intention. Evidence of an intention as to which notice was

given under subsection (a) or (b) of this rule, later

withdrawn, is not, in any civil or criminal proceeding, admissible against the person who gave

notice of the intention.

(1)

Notice in general. If a defendant intends

to assert a defense of actual or believed

exercise of public authority on behalf of a

law enforcement agency at the time of the

alleged offense, the defendant must notify

the prosecutor in writing and must file a

copy of the notice with the court within

the time provided for filing a pretrial

motion, or at any later time the court sets.

The notice may be filed under seal with

the court's approval.

(2)

Contents of notice. The notice must contain the following information:

The defendant had a mental defect or

disease; and

(2)

As a result of this mental defect or disease, the defendant lacked substantial

capacity either to appreciate the criminality of the defendant's conduct or to conform the defendant's conduct to the requirements of law.

(Code 2012, § 5-31(rule 12.2); Ord. No. SRO-3952012, § 5-31(rule 12.2), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 12.2), 5-30-2012)

CD5:25

a.

The law enforcement agency involved;

b.

The agency member on whose behalf

the defendant claims to have acted;

and

c.

The time during which the defendant claims to have acted with public authority.

(3)

Response to the notice. The prosecutor

must serve a written response on the

defendant or the defendant's counsel within

ten days after receiving the defendant's

notice, but no later than 20 days before

trial. The response must admit or deny

that the defendant exercised the public

authority identified in the defendant's notice.

(4)

Disclosing witnesses.

(f) Burden of proof. To prevail on the defense of

insanity, the defendant shall bear the burden of

proof by clear and convincing evidence that at the

time of the charged offense:

(1)

Art. IV, Rule 12.3

a.

Prosecutor's request. The prosecutor

may request in writing that the defendant disclose the name, address,

and telephone number of each witness the defendant intends to rely on

to establish a public authority defense. Prosecutor may serve the request when the prosecutor serves its

response to the defendant's notice

Art. IV, Rule 12.3

COMMUNITY CODE OF ORDINANCES

under subsection (a)(3) of this rule,

or later, but must serve the request

no later than 20 days before trial.

b.

c.

(5)

Defendant's response. Within seven

days after receiving the prosecutor's

request, the defendant must serve

the prosecutor a written statement

of the name, address, and telephone

number of each witness.

Prosecutor's reply. Within seven days

after receiving the defendant's statement, prosecutor must serve on the

defendant or the defendant's counsel

a written statement of the name,

address, and telephone number of

each witness the prosecutor intends

to rely on to oppose the defendant's

public authority defense.

Additional time. The court may, for good

cause, allow a party additional time to

comply with this rule.

(b) Continuing duty to disclose. Both counsel

for the defendant and the prosecutor must promptly

disclose in writing to the other party the name,

address, and telephone number of any additional

witness if:

(1)

The disclosing party learns of the witness

before or during trial; and

(2)

The witness should have been disclosed

under subsection (a)(4) of this rule if the

disclosing party had known of the witness

earlier.

(c) Failure to comply. If a party fails to comply

with this rule, the court may exclude the testimony of any undisclosed witness regarding the

public-authority defense. This rule does not limit

the defendant's right to testify.

(d) Protective procedures unaffected. This rule

does not limit the court's authority to issue appropriate protective orders or to order that any

filings be under seal.

(e) Inadmissibility of withdrawn intention. Evidence of an intention as to which notice was

given under subsection (a) of this rule, later

withdrawn, is not, in any civil or criminal proceeding, admissible against the person who gave

notice of the intention.

(Code 2012, § 5-31(rule 12.3); Ord. No. SRO-3952012, § 5-31(rule 12.3), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 12.3), 5-30-2012)

Rule 13. Joinder.

Upon a motion by the prosecutor or the defendant(s), the court may order that separate cases

or separate defendants be tried together as though

brought in a single complaint if all offenses and

all defendants could have been joined in a single

complaint. In determining whether the cases or

defendants should be consolidated, the court shall

consider whether the offenses are:

(1)

Of similar or the same character;

(2)

Based upon the same conduct or are otherwise connected together; and/or

(3)

Alleged to have been part of a common

scheme.

(Code 2012, § 5-31(rule 13); Ord. No. SRO-3952012, § 5-31(rule 13), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 13), 5-30-2012)

Rule 14. Relief from prejudicial joinder.

(a) Relief. If the joinder of offenses or defendants in a complaint, or a consolidation for trial

appears to prejudice a defendant or the prosecutor, the defendant(s) or prosecutor may request

the court to order separate trials of counts, sever

the defendants' trials, or provide any other relief

that justice requires.

(b) Defendant's statements. Before ruling on a

defendant's motion to sever, the court may order

the prosecutor to disclose any of the defendant's

statement that the prosecutor intends to use as

evidence. The court may also order that the

defendant's statements be redacted to ensure

fairness to defendant(s).

(Code 2012, § 5-31(rule 14); Ord. No. SRO-3952012, § 5-31(rule 14), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 14), 5-30-2012)

Rules committee note to subsection (b) of this rule.

Under Indian Civil Rights Act, a defendant has right to

confrontation. Any statements of a nontestifying defendant

that incriminates a co-defendant should not be admitted

without proper redaction of the names of the co-defendants.

CD5:26

RULES OF THE COMMUNITY COURT

furnished under this rule, or that a matter contained in the notice of defenses is

not raised, shall not be commented upon

at the trial, unless the court on motion of

a party, allows such comment after finding that the inclusion of the witness' name

or defense constituted an abuse of the

applicable disclosure rule.

Rule 15. General standards governing discovery.

The following shall apply to all discovery under

this rule:

(1)

Statements.

a.

b.

(2)

A writing signed or otherwise

adopted or approved by a person;

2.

A mechanical, electrical or other

recording of a person's oral communications or a transcript

thereof; and

3.

A writing containing a verbatim record or a summary of a

person's oral communications.

Superseded notes. Handwritten notes

which have been substantially incorporated into a statement shall not be

considered a statement.

Materials not subject to disclosure.

a.

b.

(3)

Definition. Whenever it appears in

this rule, the term "statement" means:

1.

Art. IV, Rule 15.1

(4)

Use of materials. Any materials furnished

to counsel pursuant to this rule shall not

be disclosed to the public, but only to

others to the extent necessary to the proper

conduct of the case.

(Code 2012, § 5-31(rule 15); Ord. No. SRO-3952012, § 5-31(rule 15), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 15), 5-30-2012)

Rules committee note to this rule. The purpose of

discovery is to notify the opposition of the party's case-in-chief

in return for reciprocal discovery and to avoid unnecessary

delay and surprise. The rules pertaining to discovery should

be read to promote the purpose behind requiring disclosure. As

a practical matter, without liberal disclosure, defendants and

the prosecutor may not be able make an informed decision to

settle a case or proceed to trial.

Rule 15.1. Discovery by prosecutor.

Work product. Disclosure shall not

be required of legal research or of

records, correspondence, reports or

memoranda to the extent that they

contain the opinions, theories or conclusions of the prosecutor, members

of the prosecutor's legal or investigative staff or law enforcement officers,

or of defense counsel or defense counsel's legal or investigative staff.

(a) Matters relating to guilt, innocence or punishment. No later than ten working days after the

arraignment or at such time as the court may

direct, prosecutor shall serve the defendant with

copies of the following materials and information

within the prosecutor's possession or control:

Informants. Disclosure of the existence of an informant or of the identity of an informant who will not be

called to testify shall not be required

where disclosure would result in substantial risk to the informant or to

the informant's operational effectiveness, provided that the failure to

disclose will not infringe the constitutional rights of the accused unless

the disclosure is ordered by the court

under Rule 15.4.

Failure to call a witness or raise a defense.

The fact that a witness' name is on a list

CD5:27

(1)

The names and physical addresses, if

known, of all persons whom the prosecutor will call as witnesses in the case-inchief together with relevant written or

recorded statements of those witnesses;

(2)

All statements of the defendant and of

any person who will be tried with the

defendant;

(3)

The names and addresses of experts who

have personally examined a defendant or

any evidence in the particular case, together with the results of physical examinations and of scientific tests, experiments or comparisons, including all written

reports or statements made by them in

connection with the particular case;

Art. IV, Rule 15.1

COMMUNITY CODE OF ORDINANCES

(4)

A list of all papers, documents, photographs or tangible objects which the prosecutor will use at trial or which were

obtained from or purportedly belong to

the defendant;

(5)

A list of all prior convictions of the defendant which the prosecutor will use at trial

or at sentencing;

(6)

A list of all prior acts of the defendant

which the prosecutor will use to prove

motive, intent, or knowledge or otherwise

use at trial;

(7)

All material or information which tends

to mitigate or negate the defendant's guilt

as to the offense charged, or which would

tend to reduce the defendant's punishment therefor, including all Community

conviction(s) that goes to the credibility of

the witness(es) whom the prosecutor expects to call at trial;

(8)

Original reports, any supplemental reports, search warrant affidavits and return, and probable cause statements prepared by law enforcement agency in

connection with the charged offense.

(b) Possible collateral issues. At the same time

the prosecutor shall inform the defendant and

make available to the defendant for examination

and reproduction any written or recorded material or information within the prosecutor's possession or control regarding:

(1)

Whether there has been any electronic

surveillance of any conversations to which

the accused was a party, or of the accused's business or residence;

(2)

Whether a search warrant has been executed in connection with the case; and

(3)

Whether or not the case involved an informant, and, if so, the informant's identity, if the defendant is entitled to know

either or both of these facts under Rule

15.5(a).

the prosecutor will use to impeach the witness at

trial, and make available to the defendant for

examination, testing and reproduction any specified items contained in the list submitted under

subsection (a)(4) of this rule. The prosecutor may

impose reasonable conditions, including an appropriate stipulation concerning chain of custody, to

protect physical evidence produced under this

section.

(d) Extent of prosecutor's duty to obtain information. The prosecutor's obligation under this

rule extends to material and information in the

possession or control of members of the prosecutor's staff and of any other persons who have

participated in the investigation or evaluation of

the case and who are under the prosecutor's

control.

(e) Disclosure of rebuttal evidence. Upon receipt of the notice of defenses required from the

defendant under Rule 15.2(b), the prosecutor shall

disclose the names and addresses of all persons

whom the prosecutor will call as rebuttal witnesses together with their relevant written or

recorded statements.

(Code 2012, § 5-31(rule 15.1); Ord. No. SRO-3952012, § 5-31(rule 15.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 15.1), 5-30-2012)

Rules committee note to this rule. At the present time,

the Community does not have the authority to utilize National

Criminal Information Center (NCIC) or Arizona Criminal

Information Center (ACIC) that are maintained by the Federal Bureau of Investigations and Arizona Department of

Public Safety. Mandatory disclosures pertaining to a witness's

or defendant's criminal convictions are limited only to convictions arising in Community court.

Rule 15.2. Disclosure by defendant.

(a) Physical evidence. At any time after the

filing of a complaint, upon written request of the

prosecutor, the defendant, in connection with the

particular crime with which the defendant is

charged, shall:

(c) Additional disclosure upon request and specification. The prosecutor, upon written request,

shall disclose to the defendant a list of the prior

convictions of a specified defense witness which

CD5:28

(1)

Appear in a lineup;

(2)

Speak for identification by witnesses;

(3)

Be fingerprinted, palm-printed, footprinted

or voiceprinted;

(4)

Pose for photographs not involving reenactment of an event;

RULES OF THE COMMUNITY COURT

(5)

Try on clothing;

(6)

Permit the taking of samples of his or her

hair, blood, saliva, urine or other specified

materials which involve no unreasonable

intrusions of his or her body;

(7)

(8)

Provide specimens of his or her handwriting; or

Submit to a reasonable physical or medical inspection of his or her body, provided

such inspection does not include psychiatric or psychological examination.

The defendant shall be entitled to the presence of

counsel at the taking of such evidence. This rule

shall supplement and not limit any other procedures established by law.

(b) General notice of defenses. Within 20 working days after the arraignment or at such other

time as the court may direct, the defendant shall

provide the prosecutor with a written notice specifying all defenses as to which the defendant will

introduce evidence at trial, in addition to those

required to be disclosed under Rules 12.1 through

12.3, self-defense, entrapment, impotency, marriage, insufficiency of a prior conviction, mistaken

identity, and good character. The notice shall

specify for each defense the persons, including the

defendant, whom the defendant will call as witnesses at trial in support thereof. It may be

signed by either the defendant or defendant's

counsel, and shall be filed with the court.

written reports and statements, made by

them in connection with the particular

case; and

(3)

(2)

The names and physical addresses, if

known, of all persons, other than that of

the defendant, whom he or she will call as

witnesses at trial, together with all statements made by them in connection with

the particular case;

The names and addresses of experts whom

the defendant will call at trial, together

with the results of the defendant's physical examinations and of scientific tests,

experiments or comparisons, including all

A list of all papers, documents, photographs and other tangible objects which

the defendant will use at trial.

(d) Additional disclosure upon request and specification. The defendant, upon written request,

shall make available to the prosecutor for examination, testing, and reproduction any specified

items contained in the list submitted under subsection (c)(3) of this section.

(e) Extent of defendant's duty to obtain information. The defendant's obligation under this

rule extends to material and information within

the possession or control of the defendant, his or

her counsel and agents.

(Code 2012, § 5-31(rule 15.2); Ord. No. SRO-3952012, § 5-31(rule 15.2), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 15.2), 5-30-2012)

Rule 15.3. Depositions.*

(a) Availability. Upon motion of any party or a

witness, the court may in its discretion order the

examination of any person except the defendant

upon oral deposition under the following circumstances:

(c) Disclosures by defendant. Simultaneously

with the notice of defenses submitted under subsection (b) of this rule, the defendant shall serve

the prosecutor's office information and copies of

the following:

(1)

Art. IV, Rule 15.3

(1)

A party shows that the person's testimony

is material to the case and that there is a

substantial likelihood that the person will

not be available at the time of trial;

(2)

A party shows that the person's testimony

is material to the case or necessary to

adequately prepare a defense or investigate the offense, that the person was not a

witness at the preliminary hearing or at

the probable cause phase of the juvenile

transfer hearing, and that the person will

not cooperate in granting a personal interview.

(b) Motion for taking deposition. A motion for

deposition shall specify the time and place for

taking the deposition and the name and address

of each person to be examined, together with

designated papers, documents, photographs or

CD5:29

*Note—Enactment of SRO-421-2013 unreserved this Rule.

Art. IV, Rule 15.3

COMMUNITY CODE OF ORDINANCES

other tangible objects, not privileged, to be produced at the same time and place. The court may

change such terms and specify any additional

conditions governing the conduct of the proceeding.

(c) Manner of taking. Except as otherwise provided herein or by order of the court, depositions

shall be taken in the manner provided in civil

actions. With the consent of the defendant, the

court may order that a deposition be taken on

written interrogatories in the manner provided in

civil actions. Any statement of the witness being

deposed which is in the possession of any party

shall be made available for examination and use

at the taking of the deposition to any party who

would be entitled thereto at trial. A deposition

may be recorded by other than stenographic means,

such as, by an audio or video recording device. If

a deposition is recorded by other than stenographic means, the party taking the deposition

shall provide the opposing party with a copy of the

recording within 14 days after the taking of the

deposition or not less than ten days before trial,

whichever is earlier. The parties may stipulate, or

the court may order, that a deposition be taken by

telephone, consistent with the provisions of Rule

15.3(d).

(h) Deposition by agreement. Nothing shall preclude the taking of the deposition, the use of the

deposition, by the agreement of the parties with

consent of the court.

(Code 2012, § 5-31(rule 15.3); Ord. No. SRO-3952012, § 5-31(rule 15.3), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 15.3), 5-30-2012; Ord. No.

SRO-422-2013, § 5-31(rule 15.3), 6-1-2013)

Rule 15.4. Disclosure by order of the court.

Upon motion of the defendant or the prosecutor

showing that the defendant or the prosecutor has

substantial need in the preparation of defendant's

or prosecutor's case for additional material or

information not otherwise covered by Rule 15.1 or

15.2, and that the defendant or the prosecutor is

unable without undue hardship to obtain the

substantial equivalent by other means, the court

in its discretion may order any person to make it

available to him or her. The court may, upon the

request of any person affected by the order, vacate

or modify the order if compliance would be unreasonable or oppressive.

(Code 2012, § 5-31(rule 15.4); Ord. No. SRO-3952012, § 5-31(rule 15.4), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 15.4), 5-30-2012)

Rule 15.5. Excision and protective orders.

(d) Presence of defendant. A defendant shall

have the right to be present at any examination

under Rule 15.3(a)(1) and (a)(2). If a defendant is

in custody, the officer having custody shall be

notified by the moving party of the time and place

set for the examination and shall, unless the

defendant waives, in writing, the right to be

present, produce the defendant at the examination and remain with the defendant during it.

(a) Discretion of the court to deny, defer or

regulate discovery. Upon motion of any party

showing good cause the court may at any time

order that disclosure of the identity of any witness be deferred for any reasonable period of time

not to extend beyond five days prior to the date set

for trial, or that any other disclosures required by

this rule be denied, deferred or regulated when it

finds that:

(e) Use Depositions may be used in the manner

consistent with Rules of Evidence adopted by the

court.

(f) Expenses. The party seeking the deposition

shall bear the cost of the deposition.

(g) Objection to deposition testimony. Objections to the deposition testimony or evidence and

the grounds for the objection shall be stated at the

time of taking of the deposition.

(1)

The disclosure would result in a risk or

harm outweighing any usefulness of the

disclosure to any party; and

(2)

The risk cannot be eliminated by a less

substantial restriction of discovery rights.

(b) Discretion of the court to authorize excision.

Whenever the court finds, on motion of any party,

that only a portion of a document or other material is discoverable under these rules, it may

CD5:30

RULES OF THE COMMUNITY COURT

authorize the party disclosing it to excise that

portion of the material which is nondiscoverable

and disclose the remainder.

order issued pursuant thereto, the court may

impose any sanction which it finds just under the

circumstances, including, but not limited to:

(c) Protective and excision order proceedings.

On motion of the party seeking a protective or

excision order, or submitting for the court's determination the discoverability of any material or

information, the court may permit the party to

present the material or information for the inspection of the judge alone. The counsel for all other

parties shall be entitled to be present when such

presentation is made, but is not entitled to view

the submission.

(d) Preservation of record. If the court enters

an order that any material, or any portion thereof,

is not discoverable under this rule, the entire text

of the material shall be sealed and preserved in

the record to be made available to the appellate

court in the event of an appeal.

(Code 2012, § 5-31(rule 15.5); Ord. No. SRO-3952012, § 5-31(rule 15.5), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 15.5), 5-30-2012)

Rule 15.6. Continuing duty to disclose.

If, at any time after an initial disclosure has

been made, any party who discovers additional

information or material which would be subject to

disclosure had it then been known, such party

shall promptly notify all other parties of the

existence of such additional material, and make

an appropriate disclosure. Each party shall continue to disclose materials subject to disclosure in

Rules 15.1 and 15.2, as it becomes available and

exercise due diligence in obtaining and disclosing

materials that are subject to disclosure in Rules

15.1 and 15.2.

(Code 2012, § 5-31(rule 15.6); Ord. No. SRO-3952012, § 5-31(rule 15.6), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 15.6), 5-30-2012)

Art. IV, Rule 16

(1)

Ordering disclosure of the information

not previously disclosed;

(2)

Granting a continuance;

(3)

Holding a witness, party, or counsel in

contempt;

(4)

Precluding a party from calling a witness,

offering evidence, or raising a defense not

disclosed;

(5)

Declaring a mistrial when necessary to

prevent a miscarriage of justice; or

(6)

Dismissal of a case with or without prejudice.

(b) Cessation of prosecutor's obligations. If the

defendant fails to comply with Rule 15.2, the

prosecution need make no further disclosure except material or information which tends to mitigate or negate defendant's guilt as to the offense

charged as set forth in Rule 15.1(a)(7), or as

ordered by the court.

(Code 2012, § 5-31(rule 15.7); Ord. No. SRO-3952012, § 5-31(rule 15.7), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 15.7), 5-30-2012)

Rules committee note to this rule. The severity of the

sanction imposed should be proportional to the severity of the

violation. Only in rare circumstances should a case be dismissed for a discovery violation. Likewise, only in rare circumstances should a defendant be precluded from presenting a

defense for a discovery violation. In determining the appropriate sanction, the court should consider whether the violator

acted in good faith or bad faith and whether the sanctions

would promote the interests of justice.

Rule 16. Pretrial conference.

(a) Pretrial order. If a pretrial conference is set

in a non-jury trial, the court shall set out the

pretrial conference at least 30 days prior to the

trial date.

(b) Issues addressed. If a pretrial conference is

ordered, the following issues may be addressed:

Rule 15.7. Sanctions.

(a) Failure to comply. If at any time during the

course of the proceeding it is brought to the

attention of the court that a party has failed to

comply with any provisions of this rule or any

CD5:31

(1)

Outstanding pretrial motions;

(2)

Stipulations of fact or particular legal

issues to be tried;

(3)

Jury instructions to be given at trial.

Art. IV, Rule 16

COMMUNITY CODE OF ORDINANCES

(c) Additional issues addressed. The court may

identify other issues to be resolved at the pretrial

conference. Where issues at the pretrial conference go beyond those set forth in subsection (b) of

this rule, the court shall give notice to the parties

of the issues to be addressed at the time the notice

of pretrial conference is sent out by the court.

(d) Mandatory when jury trial set. When a

request for a jury trial is made or when the

defendant is entitled to a jury trial, a pretrial

conference shall be scheduled at the time of the

request. The pretrial conference shall be held no

less than 15 days before the trial date. At the

pretrial conference, the prosecutor and the defendant shall:

(1)

Finalize the list of witness to be called at

the trial. After the pretrial conference, no

additions to the list shall be allowed except upon a showing to the court that the

existence of the witness or the content of

the witness' proposed testimony could not

have been discovered earlier;

(2)

Finalize the list of exhibits and mark

them for identification;

(3)

Specify what additional pretrial motions

will be filed;

(4)

Determine whether the parties have

reached a disposition.

(e) Additional pretrial conference. The court

may set additional pretrial conferences either on

its own or upon the request of either party.

(Code 2012, § 5-31(rule 16); Ord. No. SRO-3952012, § 5-31(rule 16), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 16), 5-30-2012)

Rule 16.1. Procedure on pretrial motions to

suppress.

(a) Duty of court to inform defendant. Whenever an issue concerning the constitutionality of

the use of specific evidence against the defendant

arises before trial, and the defendant is not represented by counsel, the court shall inform the

defendant that:

(1)

The defendant may, but need not, testify

at a pretrial hearing on the circumstances

surrounding the acquisition of the evidence;

(2)

If the defendant testifies at the hearing,

the defendant will be subject to cross

examination;

(3)

If the defendant testifies at the hearing,

the defendant does not waive his or her

right to remain silent during the trial;

and

(4)

If the defendant testifies at the hearing,

neither this fact nor defendant's testimony at the hearing shall be mentioned

at the actual trial unless the defendant

testifies at trial concerning the same matters. If a defendant testifies at both the

pretrial suppression hearing and at trial,

the defendant may be subject to cross

examination at trial regarding defendant's previous testimony given at the

pretrial suppression hearing.

(b) Burden of proof on pretrial motions to suppress evidence. The prosecutor shall have the

burden of proving, by a preponderance of the

evidence, the lawfulness in all respects of the

acquisition of all evidence which the prosecutor

will use at trial.

(Code 2012, § 5-31(rule 16.1); Ord. No. SRO-3952012, § 5-31(rule 16.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 16.1), 5-30-2012)

Rule 16.2. Withdrawal of jury trial request

or waiver of jury trial.

(a) Withdrawal of jury trial demand. Demand

for jury trial shall only be withdrawn on consent

of the defendant.

(b) Form of withdrawal or waiver. A withdrawal or waiver of jury trial demand under this

rule shall be made in writing or in open court on

the record.

(Code 2012, § 5-31(rule 16.2); Ord. No. SRO-3952012, § 5-31(rule 16.2), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 16.2), 5-30-2012)

Rule 16.3. Dismissals of prosecution.

(a) On prosecutor's motion. The court, on motion of the prosecutor shall order that a prosecution be dismissed at any time upon finding that

the purpose of the dismissal is not to avoid the

provisions of Rule 7.1.

CD5:32

RULES OF THE COMMUNITY COURT

(b) On defendant's motion. The court, on motion

of the defendant, shall order that a prosecution

be dismissed upon finding that the complaint is

insufficient as a matter of law.

(c) Record. The court shall state, on the record,

its reasons for ordering dismissal of any prosecution.

(d) Effect of dismissal. Dismissal of a prosecution shall be without prejudice to commencement of another prosecution, unless the court

order finds that the interests of justice require

that the dismissal be with prejudice.

(e) Release of defendant; exoneration of bond.

When a prosecution is dismissed, the defendant

shall be released from custody only on the charges

being held for the dismissed charge and any

appearance bond for the dismissed charges shall

be exonerated.

(Code 2012, § 5-31(rule 16.13); Ord. No. SRO395-2012, § 5-31(rule 16.3), 6-1-2012; Ord. No.

SRO-402-2012, § 5-31(rule 16.3), 5-30-2012)

Secs. 5-183—5-210. Reserved.

Rule 17.3

trial, the trial judge shall issue a decision within

five business days after the conclusion of the

trial.

(Code 2012, § 5-31(rule 17.1); Ord. No. SRO-3952012, § 5-31(rule 17.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 17.1), 5-30-2012; Ord. No.

SRO-542-2022, 2-23-2022, eff. 5-1-2022)

Rule 17.2. Challenges.

(a) Challenge to the panel. Either party may

challenge the panel on the ground that in its

selection there has been a material departure

from the requirements of law. Challenges to the

panel shall specify the facts on which the challenge is based. Challenges shall be made and

decided before any individual juror is examined.

(b) Challenge for cause. When there is reasonable ground to believe that a juror cannot render

a fair and impartial verdict, the court, on its own

initiative, or on motion of any party, shall excuse

the juror from service in the case. A challenge for

cause may be made at any time, but may be

denied for failure of the party making it to

exercise due diligence.

(c) Peremptory challenges.

(1)

DIVISION 5. TRIAL

Rule 17.1. Jury or nonjury trial.

(a) Jury size and fees generally. In general, a

jury consists of six individuals drawn from the

jury list prepared pursuant to section 5-35(d)(1)

and 5-35(d)(2). Any fees payable for jury service

shall be pursuant to section 5-35(d)(7).

(b) Stipulation for a smaller jury. At any time

before the verdict, the parties may, with the

court's approval, stipulate in writing or pronounce

in open court that the jury may consist of fewer

than six persons.

(c) Nonjury trial. In a case tried without a

jury, the court must find the defendant guilty or

not guilty or if applicable, not guilty by reason of

insanity. If a party requests, before the finding of

guilty or not guilty, the court must state its

specific findings of fact in open court or in a

written decision or opinion. If the trial judge

does not issue a decision at the conclusion of the

Supp. No. 4

In general. Both parties shall be allowed

two peremptory challenges. A party may

exercise fewer than the allowable peremptory challenge(s) subject to limitations in

Rule 17.3(g).

(2)

If an alternate juror is selected under

Rule 17.3(h), neither party shall be

entitled to additional peremptory challenges.

(Code 2012, § 5-31(rule 17.2); Ord. No. SRO-3952012, § 5-31(rule 17.2), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 17.2), 5-30-2012)

Rule 17.3. Procedure for selecting the

trial jury.

(a) Swearing panel. All members of the panel

shall swear or affirm that they will truthfully

answer all questions concerning their qualifications.

(b) Calling jurors for examination. The court

or clerk shall then call to the jury box a number

of jurors equal to the number to serve plus the

CD5:33

Rule 17.3

COMMUNITY CODE OF ORDINANCES

number of alternates plus the number of peremptory challenges allowed the parties. Alternatively,

and at the court's discretion, all prospective

jurors may be examined by court and counsel.

There shall be at least ten names drawn from the

jury list.

(c) Inquiry by the court. The court shall initiate the examination of jurors by identifying the

parties and their counsel, briefly outlining the

nature of the case, and explaining the purposes

of the examination. The court shall ask any

questions which it thinks necessary to determine

the prospective jurors' qualifications to serve in

the case on trial.

(d) Voir dire examination. The court shall

conduct a thorough oral examination of prospective jurors. Upon the request of any party, the

court shall permit that party a reasonable time

to conduct a further oral examination of the

prospective jurors. The court may impose reasonable limitations with respect to questions allowed

during a party's examination of the prospective

jurors, giving due regard to the purpose of such

examination. In addition, the court may terminate

or limit voir dire on grounds of abuse. Nothing in

this rule shall preclude the use of written questionnaires to be completed by the prospective jurors,

in addition to oral examination. Parties are

encouraged to submit written proposed voir dire

questions at least seven days prior to trial.

(e) Scope of examination. The examination of

prospective jurors shall be limited to inquiries

directed to challenge for cause or to information

to enable the parties to exercise intelligently

their peremptory challenges.

exhausted. Failure of a party to exercise a

challenge in turn shall operate as a waiver of the

party's remaining challenges, but shall not deprive

the other party of any remaining challenges. If

the parties fail to exercise the full number of

challenges allowed, the clerk shall strike the

jurors on the bottom of the list until only the

number to serve, plus an alternate, if any remain.

Peremptory challenges shall be made outside the

presence of the jurors.

(h) Selection of jury and an alternate juror.

The persons remaining in the jury box or on the

list of the panel of prospective jurors shall

constitute the jurors for the trial. Just before the

jury retires to begin deliberations, the clerk

shall, by lot, determine the juror or jurors to be

designated as an alternate. The alternate, upon

being physically excused by the court, shall be

instructed to continue to observe the admonitions to jurors until the alternate juror is informed

that a verdict has been returned or the jury has

been discharged. In the event a deliberating

juror is excused due to inability or disqualification to perform required duties, the court may

substitute an alternate juror, unless disqualified, to join in the deliberations. If an alternate

joins the deliberations, the jury shall be instructed

to begin deliberations anew. In general, the

court may empanel no more than two alternate

jurors in addition to the regular jury.

(Code 2012, § 5-31(rule 17.3); Ord. No. SRO-3952012, § 5-31(rule 17.3), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 17.3), 5-30-2012)

Rule 17.4. Preparation of jurors.

(f) Challenge for cause. At any time that

cause for disqualifying a juror appears, the court

shall excuse the juror before the parties are

called upon to exercise their peremptory challenges. Challenges for cause shall be made out of

the hearing of the jurors, but a record shall be

made.

(a) Oath. Each juror shall take the following

oath: "Do you swear or affirm that you will give

careful attention to the proceedings, abide by the

court's instructions, and render a verdict in

accordance with the law and evidence presented

to you?"

(g) Exercise of peremptory challenges. Following examination of the jurors, the parties shall

exercise their peremptory challenges on the clerk's

list by alternating strikes, beginning with the

prosecutor, until the peremptory challenges are

(b) Preliminary instructions. Immediately after

the jury is sworn, the court shall instruct the

jury concerning its duties, its conduct, the order

of proceedings, the procedure for submitting

written questions of witnesses or of the court as

Supp. No. 4

CD5:34

RULES OF THE COMMUNITY COURT

set forth in subsection (d) of this section, and the

elementary legal principles that will govern the

proceeding.

Supp. No. 4

CD5:34.1

Rule 17.4

RULES OF THE COMMUNITY COURT

Art. IV, Rule 18

ing the witness shall have a right to

conduct a redirect of the witness. The

redirect shall be limited in scope to areas

covered on cross examination. Re-cross

examination shall not be permitted without explicit permission of the court and if

permission is granted, the scope of the

recross examination shall be to the redirect examination.

(c) Note taking; access to juror notes and notebooks. The court shall instruct the jurors that

they may take notes regarding the evidence presented. The court shall provide materials suitable

for this purpose. In its discretion, the court may

authorize documents and exhibits to be included

in notebooks for use by jurors during trial to aid

them in performing their duties. Jurors shall

have access to their notes and notebooks during

recesses and deliberations. After the jury has

rendered its verdict, the notes shall be collected

by the bailiff or clerk who shall destroy them

promptly.

(d) Juror questions. Jurors shall be instructed

that they are permitted to submit to the court

written questions directed to witnesses or to the

court; and that opportunity will be given to counsel to object to such questions out of the presence

of the jury.

(e) Court may prohibit. Notwithstanding the

foregoing, for good cause, the court may prohibit

or limit the submission of questions to witnesses.

(Code 2012, § 5-31(rule 17.4); Ord. No. SRO-3952012, § 5-31(rule 17.4), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 17.4), 5-30-2012)

(6)

The defendant may then make an opening

statement if it was deferred, and offer

evidence in his or her defense. If the

defendant has no evidence to offer and

deferred making an opening statement,

defendant shall not be allowed to make an

opening statement.

(7)

If a defendant offers evidence in his or her

defense, the prosecutor may offer rebuttal

evidence.

(8)

The parties may present closing arguments, the prosecutor proceeding first and

then defense, and finally prosecution's

rebuttal.

(9)

The judge shall then charge the jury.

(10) With the permission of court, the parties

may agree to any other method of proceeding.

Rule 18. Trial proceedings.

(a) Order of proceedings. The trial shall proceed in the following order unless otherwise directed by the court:

(1)

The complaint shall be read and the plea

of the defendant stated.

(2)

The prosecutor may make an opening

statement.

(3)

The defendant may then make an opening

statement or may defer such opening statement until the close of the prosecution's

evidence.

(4)

The prosecutor shall offer the evidence in

support of the charge.

(5)

The party calling the witness shall proceed first with direct examination. The

noncalling party shall have the opportunity to cross examine the witness. If the

noncalling party has exercised its right to

cross examine the witness, the party call-

(b) Proceedings when defendant is charged with

prior convictions. In all prosecutions in which a

prior conviction is alleged as a sentencing enhancement, the procedure shall be as follows:

CD5:35

(1)

The trial shall proceed initially as though

the sentencing allegations were not alleged. When the complaint is read all

reference to prior offenses or sentencing

allegations shall be omitted. During the

trial of the case, no instructions shall be

given, reference made, nor evidence received concerning the sentencing allegations, except as permitted by the court

after notice of intent to use the prior

conviction(s) has been provided to the

defendant prior to trial.

(2)

If the verdict is guilty, the trial judge shall

determine, unless the defendant has admitted to the allegation, the existence of

the allegation or prior conviction(s). The

Art. IV, Rule 18

COMMUNITY CODE OF ORDINANCES

defendant may only be tried on the prior

convictions that have been previously disclosed under Rule 15.1. The prosecutor

shall bear the burden of proof beyond a

reasonable doubt.

(Code 2012, § 5-31(rule 18); Ord. No. SRO-3952012, § 5-31(rule 18), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 18), 5-30-2012)

Rule 18.1. Exclusion of witnesses and public.

(a) Witnesses. Upon motion of either party or

on its own motion, the court shall exclude the

witnesses(es) from the courtroom during the opening statements and the testimony of other witnesses. The court shall further direct the

witnesses(es) not to discuss the case with any

other witnesses until all of the witnesses(es) have

testified. Once a witness has testified on direct

examination and has been made available to all

parties for cross examination, the witness shall be

allowed to remain in the courtroom unless the

court finds that the presence of the witness would

be prejudicial to a fair trial.

(b) Public. All proceedings shall be open to the

public unless the court finds upon a motion by the

defendant, the open proceeding would jeopardize

the defendant's right to a fair trial by an impartial jury. If the proceeding is closed to the public,

a complete record shall be kept of the closed

proceeding and made available following the completion of the case.

(c) Testimony of a child witness or witness with

special needs. At the request of the prosecutor, the

defendant, or the guardian ad litem, if any, the

court may take protective steps to protect the

child witness during testimony. The protective

measures include the use of closed circuit television or other such similar recording device for the

purposes of interviewing or court testimony when

appropriate, and to have an advocate remain with

the child prior to and during any recording sessions. The use of closed circuit television or other

such similar recording device is appropriate when

the trial court, after hearing evidence, determines

this procedure is necessary to protect the particular child witness' welfare; and specifically finds

the child would be traumatized, not by the court-

room generally, but by the defendant's presence

and finds that the emotional distress suffered by

the child in the defendant's presence is more than

de minimus.

(d) Investigator. If the court orders the exclusion of the witnesses, the court may not exclude

the investigator for the defendant or the prosecutor.

(e) Victim. If a person is designated as a victim

of a crime, the victim shall be allowed to be

present in the courtroom for the entire proceeding.

(Code 2012, § 5-31(rule 18.1); Ord. No. SRO-3952012, § 5-31(rule 18.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 18.1), 5-30-2012)

Rule 18.2. Presence of defendant.

The defendant has the right to be present at

every stage of the trial, including impaneling of

the jury, the giving of jury instructions, and the

return of the verdict. If the defendant has been

given notice of the trial date and the court determines, after reviewing the factors identified in

Rule 9.1, that the defendant voluntarily has not

appeared for trial, the trial may proceed in the

absence of the defendant at the request of the

prosecutor.

(Code 2012, § 5-31(rule 18.2); Ord. No. SRO-3952012, § 5-31(rule 18.2), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 18.2), 5-30-2012)

Rule 19. Directed verdict.

(a) Before verdict. On motion of the defendant

or on its own motion, the court shall enter a

judgment of acquittal of one or more offenses

charged in the complaint after the evidence on

either side is closed if there is no substantial

evidence to warrant a conviction. The court's

decision on a defendant's motion shall not be

reserved, but shall be made with all possible

speed. Proceedings under this rule shall be conducted outside the presence of the jury.

(b) After verdict. A motion for judgment of

acquittal made before the verdict may be renewed

by a defendant within ten days after the verdict

was returned.

(Code 2012, § 5-31(rule 19); Ord. No. SRO-3952012, § 5-31(rule 19), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 19), 5-30-2012)

CD5:36

RULES OF THE COMMUNITY COURT

Rule 20.1. Requests for instructions and

forms of verdict.

At the close of the evidence or at such earlier

time as the court directs, counsel for each party

shall submit to the court counsel's written requests for instructions and forms of verdict and

shall furnish copies to the other parties.

(Code 2012, § 5-31(rule 20.1); Ord. No. SRO-3952012, § 5-31(rule 20.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 20.1), 5-30-2012)

Rule 20.2. Rulings on instructions and forms

of verdict.

(a) Conference. The court shall confer with

counsel and inform them of its proposed action

upon requests for instructions and forms of verdict prior to final argument to the jury.

ing them when to reassemble. The court shall

further instruct the jury that they are not to

discuss the matter among themselves unless all

jurors are reassembled. The jury shall be also

admonished not to converse with involved parties,

witnesses(es) or to view any evidence that was not

presented during trial.

(Code 2012, § 5-31(rule 21.1); Ord. No. SRO-3952012, § 5-31(rule 21.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 21.1), 5-30-2012)

Rule 21.2. Materials used during deliberation.

Upon retiring for deliberation, the jurors shall

take with them:

(b) Duty of the court. The court shall not inform the jury which instructions, if any, are

included at the request of a particular party.

(c) Waiver of error. No party may assign as

error on appeal the court's giving or failing to give

any instruction or portion thereof or to the submission or the failure to submit a form of verdict

unless the party objects thereto before the jury

retires to consider its verdict, stating distinctly

the matter to which the party objects and the

grounds for the objection.

(d) Jurors' copies. The court's preliminary and

final instructions on the law shall be in written

form. A copy of the final instructions shall be

furnished to jurors before the jury retires for

deliberations.

(Code 2012, § 5-31(rule 20.2); Ord. No. SRO-3952012, § 5-31(rule 20.2), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 20.2), 5-30-2012)

Rule 21.1. Retirement of jurors.

(a) Retirement. After instructing the jury, the

court shall appoint or instruct the jurors to elect a

foreperson. The jurors shall then retire in the

custody of a court officer and consider their verdict.

(b) Permitting the jury to disperse. The court

may in its discretion permit the jurors to disperse

after their deliberations have commenced, instruct-

Art. IV, Rule 21.3

(1)

Forms of verdict approved by the court,

which shall not indicate in any manner

the punishment subscribed to the offense(s);

(2)

All jurors' copies of written or recorded

instructions;

(3)

Their notes; and

(4)

Such tangible evidence as the court in its

discretion shall direct.

(Code 2012, § 5-31(rule 21.2); Ord. No. SRO-3952012, § 5-31(rule 21.2), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 21.2), 5-30-2012)

Rule 21.3. Further review of evidence and

additional instructions.

After the jurors have retired to consider their

verdict, if they desire to have any testimony

repeated, or if they or any party request additional instructions, the court may recall them to

the courtroom and order the testimony read or

give appropriate additional instructions. The court

may also order other testimony read or give other

instructions, so as not to give undue prominence

to the particular testimony or instructions requested. Such testimony may be read or instructions given only after notice is given to the parties

and the parties shall have a right to be present

before any testimony is read to the jury or any

additional instructions are given.

(Code 2012, § 5-31(rule 21.3); Ord. No. SRO-3952012, § 5-31(rule 21.3), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 21.3), 5-30-2012)

CD5:37

Art. IV, Rule 21.4

COMMUNITY CODE OF ORDINANCES

Rule 21.4. Assisting jurors at impasse.

If the jury advises the court that it has reached

an impasse in its deliberations, the court may, in

the presence of counsel, inquire of the jurors to

determine whether and how court and counsel

can assist them in their deliberative process.

After receiving the jury's response, if any, the

judge may direct that further proceedings occur

as appropriate.

(Code 2012, § 5-31(rule 21.4); Ord. No. SRO-3952012, § 5-31(rule 21.4), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 21.4), 5-30-2012)

Rule 21.5. Discharge.

if the defendant poses danger to himself/herself or

to the Community or if the defendant is severely

disabled.

(c) Different offenses. If different counts or offenses are charged in the complaint, the verdict

shall specify each count or offense of which the

defendant has been found guilty or not guilty.

(d) Different degrees (reserved). When the verdict of guilty is to an offense which is divided into

degrees, the verdict shall specify the degree of

which the defendant has been found guilty.*

(Code 2012, § 5-31(rule 22.2); Ord. No. SRO-3952012, § 5-31(rule 22.2), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 22.2), 5-30-2012)

The court shall discharge the jurors when:

(1)

Their verdict has been recorded as set

forth in Rule 22.1;

Rule 22.3. Conviction of necessarily included

offenses (reserved).†

(2)

Upon expiration of such time as the court

deems proper, it appears that there is no

reasonable probability that the jurors can

agree upon a verdict; or

Forms of verdicts shall be submitted to the jury

for all offenses necessarily included in the offense

charged, an attempt to commit the offense charged

or an offense necessarily included therein, if such

attempt is an offense. The defendant may not be

found guilty of any offense for which no form of

verdict has been submitted to the jury.

(Code 2012, § 5-31(rule 22.3); Ord. No. SRO-3952012, § 5-31(rule 22.3), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 22.3), 5-30-2012)

(3) A necessity exists for their discharge.

(Code 2012, § 5-31(rule 21.5); Ord. No. SRO-3952012, § 5-31(rule 21.5), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 21.5), 5-30-2012)

Rule 22.1. Jury verdict.

The verdict of the jury shall be in writing,

signed by all of the jurors and returned to the

judge in open court. The verdict must be unanimous.

(Code 2012, § 5-31(rule 22.1); Ord. No. SRO-3952012, § 5-31(rule 22.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 22.1), 5-30-2012)

Rule 22.2. Types of verdicts.

(a) General verdicts. Except as otherwise specified in this rule, the jury shall in all cases render

a verdict finding the defendant either guilty or

not guilty.

(b) Insanity verdicts. When the jury determines that a defendant is not guilty by reason of

insanity, the verdict shall so state. If the jury

returns a verdict of not guilty by reason of insanity, the court shall refer the matter to prosecutor's

office to pursue civil commitment of the defendant

Rule 22.4. Polling of the jury.

After the verdict is returned and before the

jury is discharged, the jury shall be polled at the

request of any party or upon the court's own

initiative. If the responses to the jurors do not

support the verdict, the court may direct them to

retire for further deliberations or they may be

discharged.

(Code 2012, § 5-31(rule 22.4); Ord. No. SRO-3952012, § 5-31(rule 22.4), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 22.4), 5-30-2012)

*Note—At the present time, this Code does not contain

any offenses that distinguish the severity of the offense by use

of different degrees. This provision should be implemented if

this Code changes in the future to distinguish the severity of

an offense by use of different degrees.

†Note— At the present time, attempt to commit a crime is

not a lesser included offense. If this Code is amended to

include attempt as a lesser included crime, this rule should be

implemented.

CD5:38

RULES OF THE COMMUNITY COURT

(7)

Secs. 5-211—5-246. Reserved.

DIVISION 6. POST-TRIAL PROCEEDINGS

AND SENTENCING

Rule 23. Motions for new trial.

(a) Defendant's motion. Upon the defendant's

motion, the court may vacate any judgment and

grant a new trial if the interest of justice so

requires. If the case was tried without a jury, the

court may take additional testimony and enter a

new judgment.

(b) Grounds. The court may grant a new trial

for any of the following reasons:

(1)

The verdict is contrary to law or the

weight of the evidence;

(2)

The prosecutor was guilty of misconduct;

(3)

A juror(s) has been guilty of misconduct

by:

(4)

a.

Receiving evidence not properly admitted during the trial;

b.

Deciding verdict by lot;

c.

Perjuring himself/herself or willfully

failing to respond fully to a direct

question posed during the voir dire

examination;

d.

Receiving a bribe or pledging his or

her vote in any way;

e.

Becoming intoxicated during the

course of the trial or deliberations;

f.

Conversing before the verdict with

any interested party about the outcome of the case;

The court has erred in the decision of a

matter of law, or in the instruction of the

jury on a matter of law to the substantial

prejudice of a party;

(5)

Newly discovered evidence that was discovered after trial and the defendant had

exercised due diligence in securing the

newly discovered evidence prior to trial

and the evidence would have probably

changed the outcome of the trial;

(6)

The defendant did not receive a fair trial;

Art. IV, Rule 24.2

If the defendant was tried in absentia, the

defendant establishes by preponderance

of evidence that the defendant's absence

was not voluntary or was through no fault

of the defendant.

(c) Time to file based upon newly discovered

evidence. Any motion for a new trial grounded on

newly discovered evidence must be filed within

one year after the verdict or finding of guilty. If an

appeal is pending, the court may not grant a

motion for a new trial until the appellate court

confers jurisdiction back to the Community court.

(d) Other grounds. Any motion for a new trial

grounded on any reason other than newly discovered evidence must be filed within 30 days after

the verdict or finding of guilty, or within such

further time as the court sets during the 30-day

period.

(Code 2012, § 5-31(rule 23); Ord. No. SRO-3952012, § 5-31(rule 23), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 23.1), 5-30-2012)

Rule 24.1. Motion to vacate sentence.

The defendant or the prosecutor may move to

vacate the sentence if no jurisdiction existed at

the time of the conviction or the conviction was

obtained in violation of the Community Constitution or laws. The parties shall have one year from

the entry of judgment under this rule to seek to

vacate the sentence.

(Code 2012, § 5-31(rule 24.1); Ord. No. SRO-3952012, § 5-31(rule 24.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 24.1), 5-30-2012)

Rule 24.2. Motion to modify or correct sentence.

The court may correct any unlawful sentence

or one imposed in unlawful manner within 30

days of the entry of judgment and sentence after

giving notice to the parties. The court may correct

any clerical errors or mistakes with notice to

parties. Parties shall have 30 days to file objections to correction of any clerical errors or mistakes after receiving notice.

(Code 2012, § 5-31(rule 24.2); Ord. No. SRO-3952012, § 5-31(rule 24.2), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 24.2), 5-30-2012)

CD5:39

Art. IV, Rule 25

COMMUNITY CODE OF ORDINANCES

Rule 25. Sealed proceedings and records.

(a) Public access. To ensure the public's perception of the integrity and fairness of the courts, the

public should have access to the court files. The

presumption may be overcome when a compelling

reason exists that the public's right of access is

outweighed by the interests of the Community

and the parties in protecting the court's files from

public review.

(b) Request for sealing of record or proceeding.

The court, any party, or any interested person

may request to seal or redact the court records. If

the court sets a hearing, a reasonable notice of a

hearing must be given to the parties. The court

may order the court files and records in the

proceeding, or any part thereof, to be sealed or

redacted if the court makes and enters written

findings that the specific sealing or redaction is

justified by identified compelling privacy or safety

concerns that outweigh the public interest.

(c) Access to sealed or redacted record. Sealed

and redacted court records shall not be accessible

to the public or unauthorized court personnel

without a court order. Sealed and redacted records shall be kept in a sealed envelope with

notice that access is allowed only with an order of

the court.

(Code 2012, § 5-31(rule 25); Ord. No. SRO-3952012, § 5-31(rule 25), 6-1-2012; Ord. No. SRO-4022012, § 5-31(rule 25), 5-30-2012)

Rule 26.1. Definitions for post-verdict proceedings.

(a) Judgment. The term "judgment" means the

adjudication of the court based upon the verdict of

the jury, upon the plea of the defendant, or upon

its own finding following a bench trial that the

defendant is guilty or not guilty.

(b) Sentence. The term "sentence" means the

pronouncement by the court of the penalty imposed upon the defendant after a judgment of

guilt.

(c) Determination of guilt. The term "determination of guilt" means a verdict of guilty by a jury,

a finding of guilt by the court following a bench

trial, or the acceptance of the plea of guilty or no

contest.

(Code 2012, § 5-31(rule 26.1); Ord. No. SRO-3952012, § 5-31(rule 26.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 26.1), 5-30-2012)

Rule 26.2. Time for rendering judgment.

(a) Upon acquittal. When a defendant is acquitted of any charge, or of any count of any

charge, judgment pertaining to that count or to

that charge shall be pronounced and entered

immediately.

(b) Upon conviction. Upon a determination of

guilt on any charge, or on any count of any charge,

judgment pertaining to that count or to that

charge shall be pronounced and entered together

with the sentence.

(c) Factual determination. In the event the

trial court did not make an affirmative finding of

a factual basis for the plea pursuant to Rule 11,

before the entry of the judgment of guilt, the trial

court shall make such determination. One or

more of the following sources may be considered:

(1)

Statements made by the defendant;

(2)

Police reports; and

(3) Other satisfactory information.

(Code 2012, § 5-31(rule 26.2); Ord. No. SRO-3952012, § 5-31(rule 26.2), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 26.2), 5-30-2012)

Rule 26.3. Date of sentencing; extension.

(a) Date of sentencing. Upon a determination

of guilt, the court may immediately proceed to

sentencing unless the court upon its own motion

or upon a request of the parties may set another

date for sentencing. The sentencing shall be held

within five days after determination of guilt except in cases where a presentence report is required by this Community Code of Ordinances.

The date may be extended for good cause.

(b) Extension of time. If a presentencing hearing is requested under Rule 26.6, or if good cause

is shown, the trial court may reset the date of

sentencing within 60 days after the determination of guilt.

(Code 2012, § 5-31(rule 26.3); Ord. No. SRO-3952012, § 5-31(rule 26.3), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 26.3), 5-30-2012)

CD5:40

RULES OF THE COMMUNITY COURT

c.

Rule 26.4. Presentence report.

(a) When prepared. A presentence report shall

be prepared in all cases mandated by this Community Code of Ordinances. The court may require a presentence report in all cases in which it

has discretion over the penalty to be imposed. A

presentence report shall not be prepared until

after the determination of guilt has been made or

the defendant has entered a plea of guilty or no

contest. If a presentence report is ordered, the

sentencing date shall not be set earlier than 35

days after determination of guilt.

(b) When due. Except when a request under

Rule 26.3(a), has been granted, the presentence

report shall be delivered to the sentencing judge

and to parties at least ten calendar days before

the date set for sentencing.

(Code 2012, § 5-31(rule 26.4); Ord. No. SRO-3952012, § 5-31(rule 26.4), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 26.4), 5-30-2012)

Verified information, stated in a

nonargumentative style, that assesses the

financial, social, psychological, and medical impact on any individual against whom

the offense has been committed; when

appropriate, the nature and extent of

nonincarceration programs and resources

available to the defendant;

(3)

When the law provides for restitution,

information sufficient for a restitution order; any other information that the court

requires.

(e) Exclusions. The presentence report must

exclude the following:

(a) In general. If ordered, the probation officer

must conduct a presentence investigation and

submit a report to the court before the court

imposes its sentence.

(c) Interviewing the defendant. The probation

officer who interviews a defendant as part of a

presentence investigation must, on request, give

the defendant's counsel reasonable notice of the

time and place of the interview and a reasonable

opportunity to attend the interview.

(1)

Any diagnoses that, if disclosed, might

seriously disrupt a rehabilitation program;

(2)

Any sources of information obtained upon

a promise of confidentiality; and

(3)

Any other information that, if disclosed,

might result in physical or other harm to

the defendant or others.

(f) Victim input. The probation officer shall

make reasonable efforts to obtain the views of the

victim regarding the offense and to obtain victim's

recommendation regarding sentencing. The victim's input shall be included in the presentence

report. If a victim is a juvenile, the probation

officer shall comply with the provisions of section

11-255.

(d) Presentence report. The presentence report

must contain the following information:

(1)

(g) Disclosing the report and recommendation.

(1)

Time to disclose. Unless the defendant

has consented in writing, the probation

officer must not submit a presentence

report to the court or disclose its contents

to anyone until the defendant has pleaded

guilty or no contest or has been found

guilty.

(2)

Sentence recommendation. If the probation officer makes a sentencing recommen-

The defendant's history and characteristics, including:

a.

Any verified criminal convictions of

the defendant regardless of the jurisdiction of the conviction;

b.

The defendant's financial condition;

and

Any circumstances affecting the defendant's behavior that may be helpful in imposing sentence or in correctional treatment;

(2)

Rule 26.5. Contents of the presentence report.

(b) Restitution. The probation officer must make

reasonable efforts to obtain restitution information and submit a report that contains sufficient

information for the court to order restitution.

Art. IV, Rule 26.5

CD5:41

Art. IV, Rule 26.5

COMMUNITY CODE OF ORDINANCES

dation to the court, the sentencing recommendation shall be disclosed to the parties.

(Code 2012, § 5-31(rule 26.5); Ord. No. SRO-3952012, § 5-31(rule 26.5), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 26.5), 5-30-2012)

Rules committee note to subsection (d)(1)(A) of this

rule. Under section 8-2, the court is required to consider

defendant's prior conduct in determining the sentence to be

imposed. Additionally, under section 8-6, the court is required

to consider the issues that may have contributed to the offense

conviction. The committee attempted to strike a balance by

only including verified criminal convictions and excluding

arrests that did not result in a conviction. The committee felt

that the judge should know the defendant's prior criminal

record, regardless of the jurisdiction of the conviction, to

ensure that the needs of the defendant will be addressed and

to protect the Community. A judge may presume the accuracy

of verified criminal conviction records unless rebutted by the

party opposing the use of the criminal conviction.

pared under Rule 26.5. The party shall state the

reason and any applicable authority for the objection.

(b) Special duty of the prosecutor. The prosecutor shall disclose any information upon discovery

by the prosecutor, if not already disclosed, which

would tend to reduce the punishment to be imposed.

(c) Corrections to presentence report. In the

event that the court sustains any objections to the

contents of a presentence report, the court may

take such action as it deems appropriate under

the circumstances, including, but not limited to:

Rule 26.6. Request for aggravation or mitigation hearing.

(a) Request for a presentencing hearing. When

the court has discretion as to the penalty to be

imposed, it may on its own initiative, and shall on

the request of any party, hold a presentencing

hearing at any time prior to sentencing to consider any mitigating or aggravating information.

(b) Nature, time and purpose of the presentencing hearing. A presentencing hearing shall not be

held until the parties have had an opportunity to

examine any reports prepared under Rules 26.4

and 26.5. At the hearing, any party may introduce

any reliable, relevant evidence, including hearsay, in order to show aggravating or mitigating

circumstances, to show why sentence should not

be imposed, or to correct or amplify the presentence,

diagnostic or mental health reports, the hearing

shall be held in open court and a complete record

of the proceedings made.

(Code 2012, § 5-31(rule 26.6); Ord. No. SRO-3952012, § 5-31(rule 26.6), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 26.6), 5-30-2012)

Rule 26.7. Notice of objections; special duty

of the prosecutor; corrections to

presentence report.

(a) Notice of objections. Prior to sentencing or

presentence hearing, each party shall notify the

court and all other parties of any objection it has

to the contents of any presentence report pre-

(1)

Excision of objectionable language or sections of the report.

(2)

Ordering a new presentence report with

specific instructions and directions.

(3)

Directing a new presentence report to be

prepared by a different probation officer.

(4)

Directing the probation officer to make

corrections to the presentence report.

(d) Disclosure of corrected presentence report.

If the court exercises its authority under subsection (c) of this rule, the probation officer shall

disclose the new, excised, corrected, or amended

presentence report to the parties within ten calendar days of the court's order. Parties shall have

three calendar days to file any objections to the

new, excised, corrected, or amended presentence

report.

(Code 2012, § 5-31(rule 26.7); Ord. No. SRO-3952012, § 5-31(rule 26.7), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 26.7), 5-30-2012)

Rule 26.8. Presence of the defendant.

The defendant has a right to be present at the

presentence hearing and shall be present at sentencing unless a defendant has requested a resolution of his or her case under Rule 9.2.

(Code 2012, § 5-31(rule 26.8); Ord. No. SRO-3952012, § 5-31(rule 26.8), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 26.8), 5-30-2012)

CD5:42

RULES OF THE COMMUNITY COURT

(2)

Rule 26.9. Pronouncement of judgment and

sentence.

Right to assistance of counsel.

a.

(a) Pronouncement of judgment. In pronouncing judgment, the court shall set forth the defendant's plea, the offense of which the defendant

was convicted or found guilty, and a determination of whether any sentencing enhancements are

applicable.

(b) Pronouncement of sentence. The court shall:

(1)

Give the defendant an opportunity to speak

on his or her own behalf;

(2)

State that it has considered the time the

defendant has spent in custody, if any, on

the present charge;

(3)

Explain to the defendant the terms of the

sentence or probation;

(4)

Specify the commencement date for the

term of imprisonment and any presentence

incarceration time that should be credited

towards the sentence imposed;

(5)

Direct the clerk of court to send to the

Community department of corrections or

probation office the sentencing order; and

(6)

Issue a written judgment within three

calendar days of sentencing.

(c) Sentencing policy. The court should impose

a sentence consistent with the policy set forth in

chapter 8.

(Code 2012, § 5-31(rule 26.9); Ord. No. SRO-3952012, § 5-31(rule 26.9), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 26.9), 5-30-2012)

Rule 26.10. Duty of the court after pronouncing sentence.

After trial, the court shall, in pronouncing

judgment and sentence:

(1)

Appeal rights. Inform the defendant of his

or her right to appeal from the judgment,

sentence or both within the time limits

established in this Community Code of

Ordinances after the entry of judgment

and advise the defendant that failure to

file a timely appeal will result in the loss

of the right to appeal.

Art. IV, Rule 26.11

Own expense. If the sentence of imprisonment is one year or less for

each offense of conviction, the court

shall advise the defendant that the

defendant has the right to retain

counsel at the defendant's own expense.

b.

Appointed counsel. If the sentence of

imprisonment is more than one year

for each offense of conviction, the

court shall advise the defendant that

the defendant has a right to an assistance of attorney and if the defendant is unable to obtain an attorney

at the defendant's own expense, an

attorney will be appointed on behalf

of the defendant.*

(Code 2012, § 5-31(rule 26.10); Ord. No. SRO-3952012, § 5-31(rule 26.10), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 26.10), 5-30-2012)

Rule 26.11. Fines and restitution.

(a) Method of payment; installments. The court

may permit payment of any fine or restitution, or

both, to be made within a specified period of time

or in specified installments. Restitution shall be

payable as promptly as possible in light of the

defendant's ability to pay.

(b) Method of payment; to whom. The payment

of a fine, restitution, or both shall be made to the

court, unless the court expressly directs otherwise. Monies received from the defendant shall be

applied first to satisfy the restitution order and

the payment of any restitution in arrears. The

court or the agency or person authorized by the

Community to accept payments should, as promptly

as practicable, forward restitution payments to

the victim.

(c) Action upon failure to pay a fine.

(1)

For defendants not on probation. If a

defendant fails to pay a fine or any installment thereof within the prescribed time,

the agency or person authorized to accept

*Note—Enactment of SRO-418-2013 unreserved subsection (2)b of this rule.

CD5:43

Art. IV, Rule 26.11

COMMUNITY CODE OF ORDINANCES

payments shall, within five days, notify

the prosecutor and the Community court.

(2)

For defendants on probation. If a defendant on probation fails to pay a fine,

restitution or any installment thereof

within the prescribed time, the agency or

person authorized to accept payments shall

give notice of such delinquency to the

defendant's probation officer within five

days of the failure to make payments.

Court action upon failure of defendant not

on probation to pay fine or restitution.

Upon the defendant's failure to pay a fine

or restitution, the court shall require the

defendant to show cause why said defendant should not be held in contempt of

court and may issue a summons or a

warrant for the defendant's arrest.

(Code 2012, § 5-31(rule 26.11); Ord. No. SRO-3952012, § 5-31(rule 26.11), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 26.11), 5-30-2012)

Rule 26.13. Entry of judgment and sentence.

The judgment of conviction and sentence shall

be complete and valid as of the time of their oral

pronouncement in open court. If the written judgment differs from oral pronouncement, the oral

pronouncement shall control unless the sentences

has been modified or corrected pursuant to Rules

24.1 and 24.2.

(Code 2012, § 5-31(rule 26.13); Ord. No. SRO-3952012, § 5-31(rule 26.13), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 26.13), 5-30-2012)

(3)

Rule 26.12. Resentencing.

Where a judgment or sentence, or both have

been set aside on appeal or on a post-trial motion,

the court may not impose a sentence for the same

offense, or a different offense based on the same

conduct, which is more severe than the prior

sentence unless:

(1)

It concludes, on the basis of evidence

concerning conduct by the defendant occurring after the original sentencing proceeding, that the prior sentence is inappropriate;

(2)

The original sentence was unlawful and

on remand it is corrected and a lawful

sentence imposed; or

Secs. 5-247—5-289. Reserved.

DIVISION 7. PROBATION AND PAROLE

Rule 27.1. Manner of imposing probation

and parole.

(a) Probation. The sentencing court may impose on a probationer such conditions that will

promote rehabilitation. In addition, the appropriate probation officer or other person designated by

the court may impose on the probationer regulations which are necessary to implement the conditions imposed by the court and are not inconsistent with them. All conditions and regulations

shall be in writing, and a copy of them given to the

probationer. The probationer shall sign an acknowledgment of conditions and regulations of

probation at the time of sentencing.

Other circumstances exist under which

there is no reasonable likelihood that the

increase in the sentence is the product of

actual vindictiveness by the sentencing

judge.

(Code 2012, § 5-31(rule 26.12); Ord. No. SRO-3952012, § 5-31(rule 26.12), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 26.12), 5-30-2012)

(1)

Probation conditions shall be imposed to

assist persons convicted to address the

issues that may have contributed to the

conviction. Conditions may include, but

shall not be limited to: counseling and

treatment for drug abuse, alcohol abuse,

and/or other issues that may affect criminal behaviors. Probation conditions shall

be reasonably related to the offender's

conviction, the safety of the Community,

and the rehabilitation of the offender.

(2)

The length of probation may be for a

period of time that exceeds the possible

time for incarceration. The length of the

probation term shall be as long as necessary to address any of the issues that may

have contributed to the conviction, but

(3)

CD5:44

RULES OF THE COMMUNITY COURT

Art. IV, Rule 27.3

(1)

Any person sentenced to incarceration by

the Community court who is eligible for

parole, under chapter 8, may petition the

court for parole by filing a request for

parole with the clerk of the court.

(b) Time for request. At any time prior to

absolute discharge, a probationer, probation officer, counsel for the defendant, or prosecutor may

request the sentencing court to modify or clarify

any condition or regulation. Additionally, persons

entitled to restitution pursuant to a court order,

based upon a change of circumstances, may request the sentencing court at any time prior to

absolute discharge to modify the manner in which

restitution is paid.

(2)

A judge of the Community court must

conduct a hearing prior to issuing any

order granting parole. No parole shall be

granted without an order bearing the signature of the judge of the Community

court. The prosecutor and the victim shall

have an opportunity to address the court

prior to any grant of parole. The court

shall notify the prosecutor and the victim

at least five business days prior to the

hearing.

(c) Hearing. The court may, where appropriate, hold a hearing on any request for modification or clarification. The court should hold a

hearing on the requests for modification if it

would adversely affect the probationer. The court

also may accept a probationer's written consent to

an adverse modification of the terms of probation

without a hearing. A probationer is not entitled to

a hearing if the modification is in the defendant's

favor or the request is for a clarification of the

terms of probation.

(3)

Parole shall be supervised by a probation

officer and conditions of parole shall be

imposed consistent with chapter 8.

(d) Acknowledgement. A written copy of any

modification or clarification shall be given to the

probationer.

(Code 2012, § 5-31(rule 27.2); Ord. No. SRO-3952012, § 5-31(rule 27.2), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 27.2), 5-30-2012)

the length of probationary period shall

not exceed the maximum time permitted

under chapter 8.

(b) Parole eligibility and conditions.

(4)

Parole shall not be available to offenders

whose charged offense requires mandatory incarceration under this Community

Code of Ordinances. If a defendant is

serving multiple sentences of incarceration that have been ordered to serve consecutively, the defendant shall not be eligible for parole until the defendant has

served at least one-half of each of the

sentences that was imposed and the sentence imposed was not mandatory under

this Community Code of Ordinances.

(Code 2012, § 5-31(rule 27.1); Ord. No. SRO-3952012, § 5-31(rule 27.1), 6-1-2012; Ord. No. SRO402-2012, § 5-31(rule 27.1), 5-30-2012)

Rule 27.3. Early termination of probation

and no early termination of parole.

Rule 27.2. Modification and clarification of

conditions and regulations.

(a) Eligibility for early termination of probation. After having been placed on probation for

one-half of the term ordered and upon motion of

the probation officer, the prosecutor's

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RULES OF THE COMMUNITY COURT (2026) | Frix