Extension of Statewide Jury Trial Suspension; Plea-Eligible Judge Policy; and Virtual Jury Trial Status Hearing in Criminal Cases

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December 23, 2020 - Message from the Circuit Court Regarding Extension of Statewide Jury Trial Suspension; Plea-Eligible Judge Policy; and Virtual Jury Trial Status Hearing in Criminal Cases

In light of Chief Judge Mary Ellen Barbera’s order dated December 22, 2020, extending the period of jury trial suspension in Maryland until at least April 26, 2021, the following policies are now or will soon be in effect in the Circuit Court for Montgomery County.

  • The court is extending the “all active judges are plea-eligible” policy in criminal cases, currently in effect, until April 23, 2021.

This means that if the State and defense counsel agree on a plea to be entered before any active (non-senior) judge, the matter will be scheduled at the earliest possible time. Individual judges may choose to hear the pleas remotely and/or defer sentencing in appropriate cases. Pleas will be heard subject to the availability of the particular judge chosen. If certain judges receive a disproportionate number of pleas such that they cannot be scheduled within a reasonable amount of time, the parties will be notified and asked to agree upon another active judge to hear the plea.

This procedure is available for pre-indictment pleas, and even though a pretrial date has already passed. It is not available where a case has already been set for a resolution conference before a senior judge, or a particular active judge is already scheduled to hear the plea, nor in the event that a plea has already been taken and sentencing has been deferred. It is also not available for appeals or jury- demanded cases from the District Court.

  • All criminal jury trial status hearings will be heard by a senior judge, and not the previously-assigned trial judge, effective Monday, January 4, 2021. This policy is not applicable to civil jury trials.

The State and defense counsel will be contacted by the senior judge assigned to your docket in advance of your virtual jury trial status hearing. Those senior judges will be Judges Debelius, Harrington, Mason, McCormick and Woodward. If, after discussion with counsel, the senior judge believes there is no possibility of resolution, the case will be referred to the Administrative Aides for a postponement and the virtual jury trial status hearing may be removed from the docket. If the hearing remains on the docket, you will be provided with Zoom meeting information.

If the senior judge believes an agreement may be reached on the virtual jury trial status hearing date, that hearing will remain on the docket and Defendant must be virtually or physically present on the scheduled hearing date, in case a plea agreement is reached. The senior judge will decide whether any particular Defendant should physically appear in court.

If the senior judge secures a plea agreement, he or she will take the plea on the virtual jury trial status hearing date. If sentencing is to occur before another judge, a date will be set in court for sentencing before that active judge at the earliest possible time. If no agreement is reached at the virtual jury trial status hearing, the matter will be referred to the Administrative Aides to be rescheduled. The only plea-eligible judges for the case will be the presiding senior judge for your docket, and the 24 active judges of the Circuit Court, unless the parties have previously scheduled a resolution conference before another senior judge.

In the event a defendant wishes to waive jury and submit to a court trial, counsel should notify the senior judge as soon as possible so that an active judge can be assigned to hear the trial.

This policy will remain effect until February 12, 2021, and if successful will continue until the resumption of jury trials.

Robert A. Greenberg
Administrative Judge