Presentation Transcript

1. United States District Court

   Eastern District of North Carolina
2. Fiscal Year 2014
3. Shutdown Order
4. Impact of Budget Crisis on the EDNCFY 2010 – FY 2013 ALLOTMENT RECEIVED SALARIES: -18.50 % CAPITAL GOODS: - 37.80 % TENANT ALTERATIONS: -100 % CYCLICAL MAINTENANCE: -100 % AUTOMATION: -57.34 %
5. Clerk’s Office staff FY 2010: 48 FY 2014: 39
6. Local criminal Rule 44.1Appearance of Counsel in Criminal Cases Obligation to Notify the Court. A defendant who does not apply for representation at government expense, or who is deemed ineligible after application, must inform the court of the identity of retained counsel within 14 days of his/her first appearance before a judicial officer in this district. Retention of counsel outside this period will constitute grounds for a continuance of pretrial proceedings or trial unless the defendant demonstrates due diligence in attempting to retain counsel. Notice of Appearance. Counsel representing a defendant in a criminal action shall file a Notice of Appearance with the clerk and serve the U.S. Attorney and other counsel with a copy. The NOA should contain the attorney’s name and the name of the attorney’s law firm, phone #, and state bar #. The attorney shall also file contemporaneously a corporate affiliate/financial disclosure statement in accordance with Fed. R. Crim. P. 12.4 and Local Criminal Rule 12.3.
7. NOTICE of Appearance Incorrect NOA CORRECT NOA
8. Notice of appearance in asealed caseFile manually with the clerk’s office as soon as possible
9. Withdrawal of counselLocal Criminal Rule 57.1( g) (g) Withdrawal of Appearance. No attorney or law firm whose appearance has been entered shall withdraw his or her appearance or have it stricken from the record except with leave of the court. However, if an attorney within the same firm replaces counsel for a party, the new attorney may file a notice of substitution of counsel and the court will substitute the attorneys without order of the court.
10. Does my client need an interpreter?How do you Plead? À¯ÁËÀÎÁö¹«ÁË Culpable o inocente Winnyczyniewinny Guilty or not guilty Виновным или невиновным Schuldigoderunschuldig
11. CHARACTER Letters What are the judge’s practice preferences?
12. Character letters – preferences Chief Judge Dever: submit 7 days before sentencing by mail or email to the case manager, Crystal Jenkins Judge Boyle: no preferences Judge Flanagan: submit 7 days before sentencing by email to the case manager, Susan Tripp Judge Britt: submit the Thursday prior to sentencing by mail or email to the case manager, Keah Marsh; 10 -page limit Judge Fox: no preferences Judge Howard: fax or mail to chambers directly the Wednesday prior to the term of court
13. Example “Enclosed (or attached) please find two reference letters for Defendant Adams who will come before Judge Flanagan for sentencing on January 1, 2014, at 1:30 p.m. An index for the letters is included.”
14. WAIVERS of DETENTION The magistrate judges are allowing waivers of detention prior to court so that a court appearance is not necessary.
15. Have I docketed the motion correctly?
16. BE CAREFUL ABOUT CUT and paste