District of Columbia Courts FY 2022 Budget Justification Table of Contents

Total Page:16

File Type:pdf, Size:1020Kb

District of Columbia Courts FY 2022 Budget Justification Table of Contents FY 2022 Budget Justification District of Columbia Courts Open to All ♦ Trusted by All ♦ Justice for All District of Columbia Courts FY 2022 Budget Justification Table of Contents 1. Summary a. Narrative ....................................................................................................... Summary-1 b. Comparison Table ......................................................................................... Summary-1 c. Priority Table .............................................................................................. Summary-19 d. Organizational Chart ................................................................................... Summary-26 e. Request Summary Table ............................................................................. Summary-27 f. Interagency Agreements Table ................................................................... Summary-30 2. Appropriations Language a. Language ........................................................................... Appropriations Language-31 b. Justification ....................................................................... Appropriations Language-33 3. Initiatives a. Juror Fee Parity .......................................................................................... Initiatives-35 b. Expanding Access to Justice ...................................................................... Initiatives-37 4. Court of Appeals a. Narrative ......................................................................................... Court of Appeals-41 b. Object Classification Table ............................................................. Court of Appeals-49 5. Superior Court a. Narrative Overview ............................................................................ Superior Court-51 b. Object Classification Table ................................................................ Superior Court-54 c. Division Narratives ............................................................................ Superior Court-55 6. Court System a. Narrative Overview ............................................................................ Court System-133 b. Object Classification Table ................................................................ Court System-135 c. Division Narratives ............................................................................ Court System-136 7. New Positions Requested by Grade a. New Positions Requested .................................................................. New Positions-209 8. Capital Budget a. Fiscal Year 2022 Capital Budget Justification Summary Table ................... Capital-211 b. Capital Budget Introduction .......................................................................... Capital-212 c. Renovations, Improvements, & Expansions ................................................. Capital-229 d. Maintain Existing Infrastructure ................................................................... Capital-245 9. Grant-funded Activities and Reimbursements a. Narrative ..................................................................... Grants and Reimbursements-273 b. Table ........................................................................... Grants and Reimbursements-276 10. Evaluation and Evidence a. Program Evaluation Narrative ......................................... Evaluation and Evidence-279 b. Evidence Template........................................................... Evaluation and Evidence-281 11. Defender Services a. Narrative ..................................................................................... Defender Services-287 DISTRICT OF COLUMBIA COURTS Budget Justification Summary Fiscal Year 2022 Comprised of the Court of Appeals, the Superior Court, and the Court System, the District of Columbia Courts constitute the Judicial Branch of the District of Columbia government. The mission of the District of Columbia Courts is to protect rights and liberties, uphold and interpret the law, and resolve disputes peacefully, fairly, and effectively in the District of Columbia. The D.C. Courts directly serve our community in many ways. The D.C. Courts are vital to public safety in the Nation’s Capital as crucial elements in the adult criminal and juvenile justice systems, as well as the child welfare system and protections for vulnerable elderly persons. The Courts operate targeted courts that effectively fight criminal recidivism and illicit drug use. As a repository of vast personal data on litigants, cybersecurity is crucial to protect these individuals. The Courts’ multi-year Facilities Master Plan reflects an infrastructure plan to modernize our facilities that also creates numerous jobs in our community as it is implemented. To meet the Courts’ mission of administering justice in the community, the D.C. Courts request $357,804,000 for operations and capital improvements in FY 2022. Of this amount, $14,910,000 is requested for the Court of Appeals operations; $137,050,000 is requested for the Superior Court; and $85,614,000 is requested for the Court System. For capital improvements to courthouse facilities $120,230,000 is requested. In addition, the Courts request $46,005,000 for the Defender Services account. Table 1 shows the FY 2020 enacted budget, the FY 2021 enacted budget, and the FY 2022 request. Table 1 DISTRICT OF COLUMBIA COURTS FY 2022 Budget Justification Comparison Table FY 2020 FY 2021 FY 2022 1 Enacted Budget Enacted Budget Courts' Request Court of Appeals 14,682,000 14,910,000 14,910,000 Superior Court 125,638,000 137,050,000 137,050,000 Court System 75,518,000 85,614,000 85,614,000 Subtotal, Operations 215,838,000 237,574,000 237,574,000 Capital 34,250,000 30,499,000 120,230,000 Total, Federal Payment 250,088,000 250,088,000 357,804,000 Defender Services 46,005,000 46,005,000 46,005,000 1 Reflects the planned FY 2021 transfer of $640,000 and 5 FTEs from the Court of Appeals to the Court System administratively to consolidate information technology functions. Summary - 1 Summaries of the operating budget request by strategic goal, the capital request, and the defender services request follow under the FY 2022 Request Summary heading. Operating budget requests are described in detail in the respective division section, where detailed performance data for each division are also located. The capital budget section of this request contains detailed information on the Courts’ capital projects, their management, and the funding needed to protect recent capital investments and to maintain the Courts’ infrastructure. D.C. Courts Budget Overview To carry out our mission to administer justice for all persons in the Nation’s Capital, the D.C. Courts rely on our personnel—judges in courtrooms hearing cases, clerks at public counters processing cases, probation officers supervising juvenile offenders, and numerous other critical workers. As illustrated in Chart 1, nearly three-quarters of the Courts’ operating budget (72%) finances court personnel. The remaining budget finances necessary operations and support. For example, under contractual services the Courts finance interpreters for persons with hearing impairments and limited English Chart 1 proficiency and Composition of DC Courts' Operating Budget special security (FY 2020 Data) officers to protect the public and court Other personnel by 1% Equipment providing security in 3% the courthouse. To Rent, help support juveniles Communications, & Utilities on probation and 6% their rehabilitation, the Courts contract Contractual for services for youth Services and lease and 18% maintain community- based drop-in centers/probation offices. In addition, Personal Services the Courts’ budget 72% includes basic support functions, such as information technology, housekeeping, electricity, water, steam, telecommunications, and office rental. Summary - 2 Budget Reductions Since budget reductions in FY 2018 caused the Courts to eliminate more than 100 positions, nearly 10% of non-judicial staff, the Courts have strived to minimize the negative impact of these budget reductions on core functions and the public. In Fiscal Year 2018, the D.C. Courts’ budget was significantly reduced, resulting in a considerable decrease in the funds available for salaries and benefits, which, as shown above, comprise nearly three-fourths of the Courts’ budget. In addition to reducing contracts and eliminating travel, the D.C. Courts implemented a hiring freeze for nearly all positions, which permitted staffing reductions by attrition. To optimize service to the public, the Courts reassigned personnel across divisions to fill critical vacancies. After the Courts reduced staffing to the level that the budget could support (assuming a full complement of judges and their statutory staff because judges are nominated by the President, subject to Senate confirmation, rather than through the Courts’ administrative hiring authority), only the most critical positions have been filled as new vacancies have been created by staff retirement or other separations. Although the FY 2020 and FY 2021 appropriations restored funding for 16 of these positions, primarily in juvenile probation supervision, the Courts’ staffing levels remain significantly reduced. Pandemic Operations The novel coronavirus forced drastic changes to court operations, as it impacted society at large. The Courts struggled, like other institutions, to balance competing demands to carry out its mission and to protect the health and safety of litigants, jurors, judges, and court
Recommended publications
  • A&G Goldman P'ship V. Picard (In Re Bernard L. Madoff Inv. Secs. LLC
    Neutral As of: July 16, 2018 9:45 PM Z A&G Goldman P’ship v. Picard (In re Bernard L. Madoff Inv. Secs. LLC) United States Court of Appeals for the Second Circuit June 27, 2018, Decided No. 17-512-bk Reporter 2018 U.S. App. LEXIS 17574 *; 2018 WL 3159228 propping-up, disguised, quotation, collapse IN RE: BERNARD L.MADOFF INVESTMENT SECURITIES LLC, Debtor.A & G GOLDMAN PARTNERSHIP, PAMELA GOLDMAN, Appellants, v. Case Summary IRVING H. PICARD, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC and Overview Bernard L. Madoff, CAPITAL GROWTH COMPANY, DECISIONS INCORPORATED, FAVORITE FUNDS, JA HOLDINGS: [1]-A suit alleging that an investor in a PRIMARY LIMITED PARTNERSHIP, JA SPECIAL Ponzi scheme and associated entities were liable for LIMITED PARTNERSHIP, JAB PARTNERSHIP, JEMW securities fraud as controlling persons under 15 PARTNERSHIP, JF PARTNERSHIP, JFM U.S.C.S. § 78t(a) was barred by an injunction entered in INVESTMENT COMPANIES, JLN PARTNERSHIP, connection with a Securities Investor Protection Act JMP LIMITED PARTNERSHIP, JEFFRY M. PICOWER trustee's settlement of a fraudulent transfer claim. The SPECIAL CO., JEFFRY M. PICOWER P.C., THE facts alleged did not give rise to a colorable claim that PICOWER FOUNDATION, THE PICOWER INSTITUTE the investor controlled the entity through which the FOR MEDICAL RESEARCH, THE TRUST F/B/O Ponzi scheme was perpetrated, so the substance of the GABRIELLE H. PICOWER, BARBARA PICOWER, allegations amounted to only a derivative fraudulent individually and as Executor of the Estate of Jeffry M. transfer claim. Picower, and as Trustee for the Picower Foundation and for The trust f/b/o Gabrielle H.
    [Show full text]
  • Proposed Amendments to Fed. R. Crim. P. 26: an Exchange: Remote Testimony Richard D
    University of Michigan Law School University of Michigan Law School Scholarship Repository Articles Faculty Scholarship 2002 Proposed Amendments to Fed. R. Crim. P. 26: An Exchange: Remote Testimony Richard D. Friedman University of Michigan Law School, [email protected] Available at: https://repository.law.umich.edu/articles/158 Follow this and additional works at: https://repository.law.umich.edu/articles Part of the Constitutional Law Commons, Courts Commons, Criminal Procedure Commons, and the Evidence Commons Recommended Citation Friedman, Richard D. "Remote Testimony." U. Mich. J. L. Reform 35, no. 4 (2002): 695-717. This Article is brought to you for free and open access by the Faculty Scholarship at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Articles by an authorized administrator of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. REMOTE TESTIMONY Richard D. Friedman* Recently, the Supreme Court declined to pass on to Congress a proposed change to FederalRule of Criminal Procedure 26 submitted to it by the Judicial Conference. In this Article, ProfessorFriedman addresses this proposal, which would allow for more extensive use of remote, video-based testimony at criminal trials. He agrees with the majority of the Court that the proposal raised serious problems under the Confrontation Clause. He also argues that a revised proposal, in addition to better protecting the confrontation rights of defendants, should include more definite quality standards,abandon its reliance on the definition of unavailabilityfound in the FederalRules ofEvidence, and allow defendants greaterflexibility in the use of remote testimony.
    [Show full text]
  • D.C. Bar Pro Bono Center Probate Training - Webinar March 16, 2021
    D.C. Bar Pro Bono Center Probate Training - Webinar March 16, 2021 Kisha L. Woolen, Esquire Jennifer C. Concino, Esquire • Provide overview of the multiple services and tasks appropriately handled in the Probate Court. • Introduce basic large estate administration practices and procedures for matters heard before the Probate Court. • Jurisdiction/law • Large versus Small Estates • Opening Probate of Decedent’s Estates • Administration of Large Estates Goals of Training • Closing Probate of Decedent’s Estates • Introduce basic Intervention case practices and procedures for matters heard before the Probate Court. • Jurisdiction/law • Guardianship v. Conservatorship • Opening an Intervention proceeding • Closing an Intervention proceeding • Building A - 515 5th Street NW, Third Floor • Building Museum/F Street exit of the Judiciary Square Metro stop (Red Line) • The building to your left as you face the Building Location Museum • Main entrance on 5th Street • Handicap entrance on F Street • Probate Clerk’s Office located in room 314 • http://www.dccourts.gov/superior-court/probate-division What is in Probate? Other Probate Matters • Request Record Searches • Foreign Intervention Proceeding (FOI) • Disclaimers (DIS) • Conservatorship Proceeding (CON) • Major Litigation (LIT) • Notice of Revocable Trust (NRT) Administration of Decedent’s Estates Jurisdiction/Law • DC Code § 11-921 - Civil jurisdiction • Decedent’s who died domiciled in the District of Columbia • Special basis for jurisdiction must be proved • There have been three major revisions to the laws governing the administration of estates. The date of the death determines the applicable statute and forms used to open the estate. • July 1, 1995-Present • 1981-June 30, 1994 • Pre 1981 Petitions for Probate • 1995 - Two types of estate administration established • Supervised DC Code § 20-401 • Inventories (DC Code § 20-711) and accounts (DC Code § 20-712) must be sent to interested persons and filed with the Court.
    [Show full text]
  • IN the SUPREME COURT of the STATE of DELAWARE in the MATTER OF: ) ) No. 11, 2013 PEIERLS FAMILY ) TESTAMENTARY TRUSTS )
    IN THE SUPREME COURT OF THE STATE OF DELAWARE IN THE MATTER OF: ) ) No. 11, 2013 PEIERLS FAMILY ) TESTAMENTARY TRUSTS ) Court Below: Court of Chancery ) of the State of Delaware ) ) Case No.16810 Submitted: July 10, 2013 Decided: October 4, 2013 Before STEELE , Chief Justice, HOLLAND, BERGER, JACOBS , and RIDGELY , Justices, constituting the Court en Ban c. Upon appeal from the Court of Chancery. AFFIRMED in part and REVERSED in part. Peter S. Gordon (argued), Gordon, Fournaris & Mammarella PA, Wilmington, Delaware for appellant. Collins J. Seitz (argued), Seitz Ross Aronstam & Moritz LLP, Wilmington, Delaware for appellee. STEELE , Chief Justice: This Opinion is one of a trilogy of opinions, issued concurrently, addressing issues arising out of Petitions, filed by members of the Peierls family, requesting the Court of Chancery to accept jurisdiction over, and then modify, thirteen (13) trusts created during the period 1953 through 2005. None of these trusts were created or settled under Delaware law, and none were ever administered in Delaware. The Petitioners sought relief under recently-adopted Court of Chancery Rules 100-103, inclusive, which were designed to create an orderly procedure for entertaining petitions to modify a trust. No respondent was named in the Petitions, which the Court of Chancery denied on various grounds, including lack of jurisdiction. The Petitioners appealed to this Court, which appointed Collins J. Seitz, as amicus curiae to brief and argue in opposition to the Petitions.1 This Opinion, in No. 11, 2013, addresses the issues arising out of the seven (7) Peierls family testamentary trusts. Our opinions in the companion cases, Nos.
    [Show full text]
  • Rule 7 Probate Cases
    RULE 7 PROBATE CASES RULE 7.10 Probate Courts/Session The County Courts at Law of Fort Bend County, Texas setting as Probate Courts shall be deemed in session at all times regarding probate cases as set forth in the Texas Probate Code. RULE 7.11 Case Assignment All matters filed in the Courts of Fort Bend County, Texas, shall be assigned a number and court as provided for under assigned of civil cases in these Rules. Once a case number has been assigned and docketed to a particular Probate Court, all matters related thereto including subsequent proceeding upon testamentary trust shall remain in such court unless an Order of Transfer signed by the Judge of said court transferring the case is filed with the Clerk of the Court and the Judge of the Court to whom it is being transferred. RULE 7.12 Preventing Duplication In order to prevent the duplication of docketing and assignment of estates, all attorneys for applicants are required to review the estate index records in the probate division of the County Clerk's office prior to the filing of any estate. In the event a docket number has been previously assigned to an estate, all subsequent matters shall be filed under such previously assigned number. RULE 7.13 Transfer Between Probate Courts A request to transfer between Probate Courts in Fort Bend County shall be made by the attorney in charge of the party who is seeking a transfer. It shall be the responsibility of the attorney representing the party desiring a transfer to obtain the agreement of the Judges of the Courts from which the transfer is sought and to which the case will be transferred.
    [Show full text]
  • ORPHANS' COURT JUDGES' ORIENTATION Judicial Institute of Maryland February 26, 2015
    ORPHANS' COURT JUDGES' ORIENTATION Judicial Institute Of Maryland February 26, 2015 1.0 Jurisdiction of the Orphans' Court 1.1 Limited Jurisdiction – History The constitutional provisions fail to describe the jurisdiction of the Orphans' Court except to state that such courts shall have the power of Orphans' Courts that existed at the time of the enactment of the Constitution. Thus, the constitutional underpinning of the Orphans' Court jurisdiction represented a codification of colonial practice. The jurisdiction (or more precisely, the limits on the jurisdiction) grew from the power granted to the Colonial Governor to probate matters according to "law, equity and good conscience." See Northrop and Schmuhl, Descendants' Estates in Maryland, § 2-1 (Michie 1994). 1.2 Limited Jurisdiction – Statutory Framework Est. & Trusts Article § 2-102 sets forth the jurisdiction of the Orphans' Court: "(a) Powers. The court may conduct judicial probate, direct the conduct of a personal representative, and pass orders which may be required in the course of the administration of an estate of a decedent. It may summon witnesses. The court may not, under pretext of incidental power or constructive authority, exercise any jurisdiction not expressly conferred." To a large degree, the Maryland Constitution and statute begs the issue of the limitations on the jurisdiction. Indeed, one cannot determine the jurisdiction of the Orphans' Court without first knowing the scope of probate. Thus, it has been largely left to court decisions to articulate the jurisdiction of the Orphans' Courts. 1.3 Kaouris – Jurisdiction to Construe Written Documents In 1991, the Court of Appeals addressed the issue of whether the Orphans' Court had the jurisdiction to interpret a marital settlement agreement.
    [Show full text]
  • Miami County Probate Court Local Rules Judge Scott Altenburger
    Miami County Probate Court Local Rules Judge Scott Altenburger Magistrate Rebecca Hall Magistrate Katherine Severt Magistrate J. Andrew Wannemacher Effective January 2, 2019 1 Miami County Probate Court Local Rules PROBATE COURT LOCAL RULES AMENDMENTS November 21, 2005; September 1,2015 - Previously amended January 2, 2019 – Rules completely rewritten – became effective November 1, 2019 – Amended 66.06 to require guardians to complete all educational requirements 2 Miami County Probate Court Local Rules MIAMI COUNTY PROBATE COURT LOCAL RULES, REVISED EFFECTIVE January 2, 2019 Preamble …………………………………………………………………………….. 7 RULE 6 Attorney or Pro Hac Vice Registration Number Loc. R. 6.1 …………………………………………………………….. 8 RULE 8 Court Appointments Loc. R. 8.1 …………………………………………………………….. 9-10 RULE 9 Security Policy and Procedures Manual Loc. R. 9.1 …………………………………………………………….. 11 RULE 11 Record of the Proceedings Loc. R. 11.1 …………………………………………………………….. 12 RULE 12 Conditions for Broadcasting and Photographing Court Proceedings Loc. R. 12.1 …………………………………………………………….. 13 RULE 16 Mediation Loc. R. 16.1 …………………………………………………………….. 14-17 RULE 26 Court Records Management and Retention Loc. R. 26.1 …………………………………………………………….. 18 Loc. R. 26.2 …………………………………………………………….. 18 RULE 45 Court Records – Public Access Loc. R. 45.1 …………………………………………………………….. 19-20 RULE 51 Standard Probate Forms Availability Loc. R. 51.1 …………………………………………………………….. 21 RULE 52 Specifications for Printing Probate Forms (Computer Generated Forms) Loc. R. 52.1 …………………………………………………………….. 22 RULE 53 Hours of the Court Loc. R. 53.1 …………………………………………………………….. 23 3 Miami County Probate Court Local Rules RULE 54 Conduct in Court Loc. R. 54.1 …………………………………………………………….. 24 RULE 55 Examination of Court Records Loc. R. 55.1 …………………………………………………………….. 25 RULE 56 Continuances Loc. R. 56.1 ……………………………………………………………… 26 RULE 57 Filings and Judgement Entries Loc.
    [Show full text]
  • Duties and Conduct of Presiding Judge (Feb
    Ch. 22: Duties and Conduct of Presiding Judge (Feb. 2018) 22.4 Maintaining Order and Security in the Courtroom A. Controlling Access to/Closure of the Courtroom B. Controlling Access to Other Areas C. Removal of Disruptive Defendant D. Removal of Disruptive Witnesses or Spectators E. Restraint of Defendant and Witnesses During Trial F. Conspicuous Use of Security Personnel G. Contempt Powers and Inherent Authority H. Additional Resources _____________________________________________________________ 22.4 Maintaining Order and Security in the Courtroom A. Controlling Access to/Closure of the Courtroom Generally. Article I, section 18 of the N.C. Constitution requires that “[a]ll courts shall be open,” and section 24 provides that “[n]o person shall be convicted of any crime but by the unanimous verdict of a jury in open court.” Additionally, the Sixth Amendment to the U.S. Constitution mandates that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” This right extends to the states through the Fourteenth Amendment. See Presley v. Georgia, 558 U.S. 209 (2010) (defendant’s right to a public trial encompasses the jury selection phase). “The trial and disposition of criminal cases is the public’s business and ought to be conducted in public in open court.” In re Edens, 290 N.C. 299, 306 (1976). In discussing public trials, the U.S. Supreme Court has stated: The requirement of a public trial is for the benefit of the accused; that the public may see he is fairly dealt with and not unjustly condemned, and that the presence of interested spectators may keep his triers keenly alive to a sense of their responsibility and to the importance of their functions.
    [Show full text]
  • Out-Of-Term, Out-Of-Session, Out-Of-County
    ADMINISTRATION OF JUSTICE BULLETIN NUMBER 2008/05 | NOVEMBER 2008 Out-of-Term, Out-of-Session, Out-of-County Michael Crowell For many jurisdictions the concept of a session or term of court is not as important as it is in North Carolina with the state’s legacy of traveling superior court judges. In this state the commonly stated rule, for both criminal and civil cases in both superior and district court, is that a judgment or order affecting substantial rights may not be entered without the consent of the parties (1) after the ses- sion of court has expired, or (2) while the judge is out of the county or district. Actually, there are many instances when orders may be entered out-of-session and out-of-county, especially in civil cases. This bulletin will attempt to describe those situations. Meaning of “Session” and “Term” In common parlance “term of court” and “session” sometimes are used interchangeably, but they have distinct meanings. Under the rotation system for superior court judges mandated by article IV, section 11 of the North Carolina Constitution (“The principle of rotating Superior Court Judges among the various districts of a division is a salutary one and shall be observed”), judges are assigned on six-month schedules. Thus in superior court the “use of ‘term’ has come to refer to the typical six-month assignment of superior court judges, and ‘session’ to the typical one-week assignment within the term.” Capital Outdoor Advertising v. City of Raleigh, 337 N.C. 150, 154, 446 S.E.2d 289, 292, n.1, 2 (1994).
    [Show full text]
  • Rome Statute of the International Criminal Court
    Rome Statute of the International Criminal Court The text of the Rome Statute reproduced herein was originally circulated as document A/CONF.183/9 of 17 July 1998 and corrected by procès-verbaux of 10 November 1998, 12 July 1999, 30 November 1999, 8 May 2000, 17 January 2001 and 16 January 2002. The amendments to article 8 reproduce the text contained in depositary notification C.N.651.2010 Treaties-6, while the amendments regarding articles 8 bis, 15 bis and 15 ter replicate the text contained in depositary notification C.N.651.2010 Treaties-8; both depositary communications are dated 29 November 2010. The table of contents is not part of the text of the Rome Statute adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998. It has been included in this publication for ease of reference. Done at Rome on 17 July 1998, in force on 1 July 2002, United Nations, Treaty Series, vol. 2187, No. 38544, Depositary: Secretary-General of the United Nations, http://treaties.un.org. Rome Statute of the International Criminal Court Published by the International Criminal Court ISBN No. 92-9227-232-2 ICC-PIOS-LT-03-002/15_Eng Copyright © International Criminal Court 2011 All rights reserved International Criminal Court | Po Box 19519 | 2500 CM | The Hague | The Netherlands | www.icc-cpi.int Rome Statute of the International Criminal Court Table of Contents PREAMBLE 1 PART 1. ESTABLISHMENT OF THE COURT 2 Article 1 The Court 2 Article 2 Relationship of the Court with the United Nations 2 Article 3 Seat of the Court 2 Article 4 Legal status and powers of the Court 2 PART 2.
    [Show full text]
  • Rule 1 Scope of Rules. Rule 2 Courtroom Decorum and Security
    RULES OF JUSTICE COURT GENERAL RULES Rule 1 Scope of Rules. Rule 2 Courtroom Decorum and Security. Rule 3 Use of Cameras, Recording, and Broadcasting Equipment. Rule 4 Ex Parte Communications. Rule 5 Court Records and Docket. Rule 6 Correction of Clerical Errors. Rule 7 Recusal of Judges. Rule 8 Appointment of Interpreter. Rule 9 Jury Trials. Rule 10 Conduct of Counsel and Parties. CIVIL RULES Rule 11 Form of Action. Rule 12 Commencement of Civil Action. Rule 13 Computation of Time. Rule 14 Service of Process. Rule 15 Pleadings and Motions Submitted to the Court. Rule 16 Counterclaims and Setoffs. Rule 17 Representation by Guardian Ad Litem. Rule 18 Substitution of Parties. Rule 19 Withdrawal of Counsel. Rule 20 Consolidation and Separation of Trials. Rule 21 Subpoenas. Rule 22 Mistrial. Rule 23 Default Judgments and Dismissals. Rule 24 Post-Judgment Actions. Rule 25 Enforcement of Judgments. Rule 26 Contempt of Court. Rule 27 Civil Appeals from Justice Court. RULES OF JUSTICE COURT [Adopted effective May 1, 1995; amended effective July 1, 2017; amended effective July 1, 2020] GENERAL RULES RULE 1 SCOPE OF RULES (a) These are the Rules of Justice Court and may be cited as RJC: e.g., RJC 1. They shall govern procedures in justice courts. Rules 1-10 shall be applicable to all cases, whether civil or criminal in nature. Rules 11-27 shall only be applicable to civil cases. The Mississippi Rules of Criminal Procedure shall apply to all criminal cases before the justice courts and shall supersede any conflicting provision of these rules.
    [Show full text]
  • Wills, Trusts, and Estate Administration for the Paralegal
    WILLS, TRUSTS, AND ESTATE ADMINISTRATION FOR THE PARALEGAL Sixth Edition Dennis R. Hower & Peter Kahn New York Supplement Prepared by Derek Thomson Bryant and Stratton College 1 TABLE OF CONTENTS Introduction 3 Chapter 1 The Estate Plan and the Purpose and Need for a Will 4 Chapter 2 The Concept of Property Related to Wills, Trusts, and Estate Administration 6 Chapter 3 The Participants and the Proper Court 7 Chapter 4 The Law of Succession: Death Testate or Intestate 9 Chapter 5 Wills: Validity Requirements, Modification, Revocation, and Contests 14 Chapter 6 Preparation to Draft a Will: Checklists and the Conference with the Client 16 Chapter 7 Final Draft and Execution of a Valid Will 17 Chapter 8 Introduction to Trusts 21 Chapter 9 Classification of Trusts, The Living Trust, and Other Special Trusts 22 Chapter 10 Estate Planning 23 Chapter 11 Long-Term Care 24 Chapter 12 Personal Representatives: Types, Pre-Probate Duties, and Appointment 25 Chapter 13 Probate and Estate Administration 26 Chapter 14 Informal Probate Administration 39 Chapter 15 Tax Considerations in the Administration of the Estate 40 Chapter 16 Ethical Principles Relevant to Practicing Paralegals and Legal Assistants 41 Appendix A 42 Appendix B 46 Appendix C 55 Appendix D 59 2 INTRODUCTION Before we begin a discussion of wills, trusts, and estates as they relate to New York law, it is important to note the prevailing sources of law regarding the same. 1. New York Estates, Powers, and Trusts Law (“NY EPTL”) The NY EPTL governs the substantive law relating to wills and trusts. All wills and trusts drafted within the state must comply with the same.
    [Show full text]