Charles Young

Type: 
County Judge
County: 
Escambia County
Division: 
One
Jurisdiction: 
County Court In and For Escambia County, Florida
Judicial Assistant: 
Jolie Warrick
Address: 

M.C. Blanchard Judicial Building
190 Governmental Center, 6th Floor
Pensacola, FL 32502

Phone: 
850-595-4433

April 12, 2021 Plea Day Stagger Schedule

April 13, 2021 Plea Day Stagger Schedule

DIVISION PREFERENCES

CRIMINAL CASES

Setting Criminal Motion Hearings

Time for Criminal motion hearings are set aside on Judge Young’s calendar.  Any motion must be filed in a timely manner as to allow the opposing party sufficient time to review and determine if subpoenas are necessary, and if so to allow sufficient time for service.

Criminal Motions will not be set for hearing until the motion is filed with the Clerk of Court and the hearing is coordinated as indicated herein.

Once the motion has been filed, the filing party shall email the court’s Judicial Assistant (JA) a copy of the Motion and proposed order (in Word format) (send to ESC.Div1.Eserve@Flcourts1.gov).  The email should copy all parties and include, the Defendant’s next court date, the amount of time needed for the hearing and if the Defendant is incarcerated.

The Court’s JA will send out the proposed hearing date.  The hearing date will be deemed acceptable to any party that does not respond within 48 hours of notice of the proposed date.  Once the motion is set for hearing it will only be moved for good cause shown.

A Notice of Hearing is required for all hearings.  Once a hearing has been scheduled, the filing party shall file a Notice of Hearing and e-mail a copy of the Notice of Hearing to the Judicial Assistant at the above referenced e-mail address.  If a Notice of Hearing is not filed and e-mailed, it will not be on the Clerk’s docket and will not be heard.

If the Motion is not being opposed by the opposing party that should be stated in the Motion filed.  The Court may consider an unopposed Motion without hearing.

Bond Hearings

Unless there are exigent circumstances, all Bond Hearings shall be scheduled as indicated above for Criminal Motion hearings.  All motions for reduction in amount or modification of conditions shall be in writing.  The Court may revoke a bond with or without a hearing under appropriate circumstances.

Arraignments

If an attorney or the unrepresented defendant requests that the original date for arraignment be changed, the new date for arraignment may be moved to the next arraignment date on the Court’s calendar.  Any request to move the arraignment to a date other than the next arraignment date must be in writing and submitted to the Judge’s office in writing with copies provided to the State Attorney.

Failures to Appear (FTA)

If a Defendant fails to appear (FTA) on the scheduled court date, the Court may issue a warrant based upon the FTA.  Warrants for FTA will remain outstanding unless set aside for sufficient reason.

Attorney /Defendant Appearances

An attorney representing a Defendant is expected to be in court at the time scheduled for their client.  Failure to appear at the scheduled time is disruptive to the Court process.  If an attorney, based on good cause, is unable to make the scheduled court appearance, the attorney shall contact the Judge’s office before the scheduled time to notify the Court of the expected delay.

Unless otherwise waived by the Court or the Rules of Procedure, all court appearances shall be attended by the Defendant and, if represented, the Defendant’s attorney.

CIVIL CASES

Civil hearings will not be set on any motion calendar until the motion has been properly filed with the Clerk and copied via e-mail to the Court’s JA ( Esc.Div1.Eserve@Flcourts1.gov )

All civil hearings are scheduled through the Court’s Judicial Assistant.  When a party wants a motion to be heard, they shall contact the Court’s JA via e-mail to receive available dates.  The e-mail to the JA shall include the Case Number, the title of the Motion and the time deemed necessary for the hearing.

Civil parties shall, at least one (1) day before the scheduled hearing, provide the Court with copies of all cases cited either in a motion or reply or if the case is intended to be used during a scheduled hearing but was not cited.  Cases may be provided via e-mail at the Court’s JA’s address.

When a civil party files a notice that the matter is at issue and ready for trial, in order to comply with the Rules of Procedure the Court will set the matter for a Case Management Conference to determine if the case is ready for trial.  The Case Management Conference will be set by the Court without consultation of the parties or their counsel, if any.

PROPOSED ORDERS

All Proposed Orders must be submitted directly to the Judge’s chambers.  It is preferred that all Proposed Orders be delivered via e-mail to  Esc.Div1.Eserve@Flcourts1.gov .  If e-mail delivery is not possible then Proposed Orders may be provided to the Court via hand delivery of an electronic Microsoft Word version of the Proposed Order.

COVID-19 STANDING ORDER ON CIVIL HEARINGS

          Due to the statewide COVID-19 pandemic restrictions, all Civil hearings will be scheduled via video conference until further Order of the Court.

Pursuant to the various Administrative Orders issued regarding the on-going COVID-19 pandemic, the following procedures shall be followed in all civil hearings, it is therefore ORDERED as follows:

The following preferences apply to Civil Cases during the COVID-19 emergency.

Civil hearings will not be set on any motion calendar until the motion has been properly filed with the Clerk and copied via e-mail to the Court’s Judicial Assistant at Esc.Div1.Eserve@Flcourts1.gov.

All civil hearings are scheduled through the Court’s Judicial Assistant.  When a party wants a motion to be heard, they shall contact the Court’s Judicial Assistant via e-mail to receive available dates.  The e-mail to the Judicial Assistant shall include the case number, the title of the motion and the time deemed necessary for the hearing.

Civil hearings shall be conducted using the ZOOM audio/video program.  Parties and witnesses can join a scheduled meeting by clicking the meeting link or going to join.zoom.us and entering the Court’s meeting ID.

Once a hearing date is confirmed, the Party that requested a hearing shall send a Notice of Hearing which shall include the hearing is being held via Zoom/join.zoom.com, the date, time, and the Court’s meeting ID.  552-177-1139

Parties shall, at least two (2) days before the scheduled hearing, provide the Court with copies of all cases cited in a motion, reply, and/or if a reported case is intended to be used during a scheduled hearing but was not cited.  Cases may be provided via e-mail at the Court’s Judicial Assistant’s address or via regular mail, but the cases must be received by the Court at least two (2) days before the scheduled hearing date.

All hearing witnesses located in the State of Florida may be placed under oath remotely, by a person qualified to administer an oath in the State of Florida, by audio-video communication (ZOOM) if the witness is also located in the State of Florida, so long as the witness can be positively identified.  (AOSC-20-23)  If a witness is not located in the State of Florida, the witness must consent to being placed under oath by a person qualified in the State of Florida. (AOSC 20-23)

For hearings that will have witness testimony, the party that intend to call the witness is responsible to get the witness information for the ZOOM conferencing to the witness.

A list of all witnesses, if any, intended to be called at a hearing must be provided to the opposing party at least two (2) days before the scheduled hearing.

If evidence, other than witness testimony, is to be presented during the hearing it must be done in the form of an exhibit.

All exhibits shall be individually pre-marked with an exhibit sticker that states the name of the party presenting the exhibit and sequential numbering. (Example: “John Smith #1; John Smith #2, etc.)

All exhibits shall be provided to all parties and the court via e-mail or regular (Fed-Ex, UPS, USPS, etc.) delivery such that the exhibits are received at least 48 hours before the scheduled hearing.  Any exhibits not provided pursuant to these parameters may be excluded from evidence and not considered for any purpose.

There will be no in-person appearances for hearings/trial until further notice.

While we are going online during this emergency, we are still a courtroom.  Since this cyber courtroom is going to be both audio and video, acceptable minimum standards for courtroom demeanor and dress sill apply.  Parties and witnesses will still maintain business casual appearance.  Attorneys shall maintain appropriate courtroom attire as if appearing live.

While ZOOM has the capability to record the proceedings, the ZOOM recordings are not an official court record of these civil proceedings.  If a party would like to have an official record of the proceedings, the party requiring a record shall engage a certified court reporter for such purposes and arrange for the court reporter’s appearance via ZOOM.

A hearing set with ZOOM protocol is like any other hearing/trial before this Court and if a party fails to appear for a properly noticed hearing/trial waives the party’s right to be heard and the Court may decide the issue without the input of the party that failed to appear.

If a party receives a notice of a hearing / trial with the ZOOM protocol and cannot proceed on the date and time indicated in the Notice via ZOOM and shows good cause why the ZOOM hearing / trial should not proceed as scheduled, the Court will consider the issue of continuing the hearing / trial.

IN THE COUNTY COURT, FIRST JUDICIAL CIRCUIT

IN AND FOR ESCAMBIA COUNTY, FLORIDA

DIVISION: I

STANDING ORDER ON CRIMINAL HEARINGS

Due to the Statewide COVID-19 pandemic restrictions, all criminal hearings, other than trials and bond hearings for incarcerated Defendants, shall be scheduled via video conference until further Order of the Court.

Pursuant to the various Administrative Orders issued regarding the on-going COVID-19 pandemic, the following procedures shall be followed in all Criminal hearings[1], it is therefore

ORDERED as follows:

The following preferences apply to Criminal Cases during the COVID-19 emergency.

Criminal hearings will not be set on any motion calendar until the motion has been properly filed with the Clerk and copied via e-mail to the Court’s Judicial Assistant ( Esc.Div1.Eserve@Flcourts1.gov ).

All criminal hearings are scheduled through the Court’s Judicial Assistant.  When a party wants a motion to be heard, they shall contact the Court’s Judicial Assistant via e-mail to receive available dates.  The e-mail to the Judicial Assistant shall include the case number, the title of the motion and the time deemed necessary for the hearing.

Criminal hearings shall be conducted using the ZOOM audio/video program.  Parties and witnesses can join a scheduled meeting by clicking the meeting link or going to join.zoom.us and entering the Court’s meeting ID number 552-177-1139.

Once a hearing date is confirmed, the Party that requested a hearing shall send a Notice of Hearing which shall include the date, time, and the Court’s meeting ID.  552-177-1139

Parties shall, at least two (2) days before the scheduled hearing, provide the Court with copies of all cases cited in a motion, reply, and/or if a reported case is intended to be used during a scheduled hearing but was not cited.  Cases may be provided via e-mail at the Court’s Judicial Assistant’s address or via regular mail, but the cases must be received by the Court at least two (2) days before the scheduled hearing date.

All hearing witnesses located in the State of Florida may be placed under oath remotely, by a person qualified to administer an Oath in the State of Florida, by audio-video communication (ZOOM) if the witness is also located in the State of Florida, so long as the witness can be positively identified.  (AOSC-20-23.)  If a witness is not located in the State of Florida, the witness must consent to being placed under oath by a person qualified in the State of Florida. (AOSC 20-23)

For hearings that will have witness testimony, the party that intend to call the witness is responsible to get the witness information for the ZOOM conferencing to the witness.

A list of all witnesses, if any, intended to be called at a hearing must be provided to the opposing party at least two (2) days before the scheduled hearing.

If evidence, other than witness testimony, is to be presented during the hearing it must be done in the form of an exhibit.

All exhibits shall be individually pre-marked with an exhibit sticker that states the name of the party presenting the exhibit and sequential numbering. (Example: “John Smith #1; John Smith #2, etc.)

All exhibits shall be provided to all parties and the court via e-mail or regular (Fed-Ex, UPS, USPS, etc.) delivery such that the exhibits are received at least 48 hours before the scheduled hearing.  Any exhibits not provided pursuant to these parameters may be excluded from evidence and not considered for any purpose.

There will be no in-person appearances for hearings until further notice.

While we are going online during this emergency we are still a courtroom.  Since this cyber courtroom is going to be both audio and video, acceptable minimum standards for courtroom demeanor and dress still apply.  Parties and witnesses will still maintain business casual appearance.  Attorneys shall maintain appropriate courtroom attire as if appearing live.

While ZOOM has the capability to record the proceedings, the ZOOM recordings shall be downloaded to create an official court record of the proceedings.  As with any technology, there is the possibility of some type of failure.  If a party would like to have the hearing captured in another fashion other than Zoom, the party requiring such a record shall engage a certified court reporter for such purposes and arrange for the court reporter appearance via ZOOM.

A hearing set with ZOOM protocol is like any other hearing before this Court and if a party fails to appear for a properly noticed hearing waives the party’s right to be heard and the Court may decide the issue without the input of the party that failed to appear.

If a party receives a notice of a hearing with the ZOOM protocol and cannot proceed on the date and time indicated in the Notice via ZOOM and shows good cause why the ZOOM hearing should not proceed as scheduled, the Court will consider the issue of continuing the hearing.

DONE AND ORDERED in Chambers, Pensacola, Escambia County, Florida on this 11th  day May, 2020.

[1] Other than criminal jury and judge trials and bond hearings for incarcerated Defendants.