Posted: May 15, 2024
Code of Judicial Administration – Comment Period Closes June 29, 2024
CJA01-0204.Executive committees (AMEND)
Amends membership on the Technology Advisory Subcommittee (TAC). A representative from the Office of General Counsel would replace the Policy, Planning, and Technology Committee member and a member of the Judicial Data and Research department would be added to each of the technology core teams.
CJA01-0205. Standing and ad hoc committees (AMEND)
Eliminates the General Counsel member position on both the Pretrial and WINGS committees.
CJA04-0202.01. Definitions (AMEND)
Clarifies that calendars are not “records.”
CJA04-0202.08. Fees for records, information, and services (AMEND)
Grants clerks of court the authority to waive the one free copy limit for court records associated with a case.
CJA04-0206. Exhibits (AMEND)
Provides exhibit managers with much-needed clarity and guidance on how to manage exhibits in criminal, post-conviction, and appellate actions.
The updates to Rule 4-206 – Exhibits are extremely helpful.
I would recommend that the committee consider adding more flexibility to the rule for disposal of the exhibits. Right now the rule reads that exhibits shall be disposed 90 days after. For audit purposes, this means that one would be out of compliance on day 91. Possible language could be “no earlier than 90 days, and at a minimum on an annual basis.”
Thank you.
Re: Rule 4-206 Exhibits.
I agree with Daniel’s comment about allowing more flexibility by adding the language “no earlier than 90 days”. I would like this language added to line 119 — “no earlier than 365 days.”
There has been some discussion that the 365 day deadline may be too short in light of post-conviction relief cases and keeping exhibits in criminal cases. The deadline was initially added to aid exhibit managers when determining that the exhibits can be destroyed, but in light of post conviction relief cases, it may be too soon. The language being replaced asked exhibit managers to track when the statute of limitations ran out for post conviction relief cases, which was not feasible. So while choosing a set deadline may seem arbitrary, it’s also extremely beneficial. Perhaps the deadline can be changed from 365 days to a longer time period? Two or three years?