Random Entry Screening Procedure
The District Court of Maryland for Montgomery County will institute in the month Of April, 2016 a Random Entry Screening Procedure for all persons who enter the District Court for Montgomery County for the Rockville (191 E. Jefferson Street) and Silver Spring (8552 Second Avenue) locations.
Random Entry Screening Procedure
District Court Bench Bar Committee
Matters of Interest in Criminal and Traffic Cases
Mental Health Court
The Mental Health Court graduated its Second Class on October 18th.
The Court has been able to obtain 6th Floor Space in the Rockville District Court to consolidate a number of new and existing employees of the Montgomery County Health & Human Services. This will permit centralization of most Mental Health Court clinicians and management personnel, and provide more convenient access to services by MHC clients.
The contact person for Mental Health Court admissions remains Maxine Curtis, 301-563-8890, or email@example.com.
Beginning January 7, 2019, Commissioners will resume handling Preliminary Inquiries in DUI Cases on Mondays and Tuesdays at 9:00 a.m. in Rockville District Court, Courtroom 513.
This will free up judges to handle serious traffic cases on Mondays and Tuesdays, beginning on January 7 and 8, 2019. These new dockets will be held in Courtroom 612, and will be kept light because the actual judge in 612 will be handling bonds in Rockville 513 at 1:00 p.m.
The District Court Bench Bar Committee began hearing about issues arising from the apparent increase of time it is taking for arrested individuals to be processed by District Court Commissioners. A related problem may be that more people are being qualified for Public Defender services, and the qualification process also takes substantial time.
Any member who is concerned about these issues should address comments or emails to the co-chairs, Reginald W. Bours, III, and Richard London, as this will be a continuing discussion at our meetings.
Extreme Risk Protective Orders [ERPO] – HB 1302 Public Safety Article 5-601, et. seq.
Judge Mitchell reported that about 70-75 petitions have been filed statewide since October 1, 2018, when the statute was effective. Most petitioners have been police officers, and in Montgomery County, the County Attorney’s Office will be entering an appearance on their behalf.
One problem is that the statute does not authorize parties entering into a consent order and District Court judges are required to make findings on the record.
Another one that could occur is that the Court is concerned what will happen if any respondents are juveniles, who would not be legally competent to represent themselves but must come to District Court in ERPO case. District Court has no authority to appoint counsel, or to determine a child to be CINA.
Other Issues Discussed:
Judge Mitchell indicated she has received concerns expressed by defense lawyers that criminal defendants with outstanding warrants are being arrested in court, prior to completion of their already pending case. It was believed that officers who do not want to wait for an afternoon trial were using the outstanding charge to obtain a de-facto continuance (in lieu of waiting for the trial that is scheduled that day). County police liaison officer advised that this is not a procedure that they should be using.l