Internal Operating Procedures of the Municipal Court
1. Applicability of the Uniform Municipal Court Rules: As of April 1, 2010, the Uniform Municipal Court Rules apply to the Duluth Municipal Court.
2. Modification of Probated sentences: A probated sentence imposed by one judge shall not be modified by another judge so as to lessen, diminish, or reduce the defendant’s conditions of probation without the consent of the original sentencing judge. For example, if the probation officer proposed a sentence modification that has a lessening, diminishing or reducing effect and obtains the sentencing judge’s approval of same, another judge may, in his/her discretion, impose the modified sentence. If a proposed modification to a defendant’s probated sentence would have the effect of increasing the defendant’s conditions of probation, any judge may impose the modified sentence. Nothing shall preclude any judge from conducting a preliminary hearing as contemplated by O.C.G.A. § 42-8-38(b) and/or Gagnon v Scarpelli, 411 U.S. 778 (1973). If the original sentencing judge is unavailable for purposes of this section, the Chief Judge may act in his/her stead.
3. Continuances: Where a party makes an application for a continuance, he/she must show that he/she has used due diligence. All applications for continuances are addressed to the sound, legal discretion of the court and, if not expressly provided for, shall be granted or refused as the ends of justice may require. Requests for continuances must be in writing, and received at the office of the clerk at least five (5) days prior to the date of the trial, other hearing, or arraignment before the court. Requests for continuances are considered on a case-by-case basis, by the court.
4. Conflicts: Counsel are reminded that, in dealing with conflicts, the Court is subject to Rule 8 of the Uniform Municipal Court Rules. In furtherance of its management of conflict issues, the Court employs its internal operating procedures, which includes letter of notification to counsel upon receipt by the court of notice of a potential conflict. See Exhibit “A” attached hereto.
5. Arraignment Calendar: A defendant shall appear, either in person or by counsel, at the call of the arraignment calendar.