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M E M O R A N D U M

M E M O R A N D U M

TO: Criminal Defense Bar
FROM: Honorable Karen K. Hall, Circuit Court Judge
DATE: January 6, 2010
SUBJECT: Pre-Indictment Resolution Program

In order to expedite the disposition of those criminal cases that can be disposed of more timely, a Pre-Indictment Resolution Program has been designed for Madison County. Initially only drug related felony offenses will be docketed. This program is based on several successful models used elsewhere in the State and has been reviewed by the Honorable Dennis O’Dell, Honorable Jane Smith, Honorable Robert Broussard and myself.

The following is a brief summary of how this program will work. Beginning this month, all drug related felony offenses shall be immediately screened by the assigned prosecutor in the District Attorney’s office. (Don Rizzardi, James Tolleson and Jon Hubbert will be managing the pilot phase of the program.) Likely candidates for early resolution will include cases:

1. that qualify for the Madison County Drug Court Program;
2. that the State would recommend sentences to include probation; and/or,
3. "special circumstance” cases (i.e., the defendant is facing probation revocation in another case and the State would be willing to consider a reduction of the charge or offer a concurrent sentence).

If the prosecutor believes the case is appropriate for the Pre-Indictment Resolution docket, he will contact Robin Daly, Supervisor of the District Court Criminal Division, for placement on a docket. While it is believed that the appropriate cases will be identified early in the process, i.e. prior to preliminary hearings, this program will not affect the defendant’s right to a preliminary hearing. Weekly contact between the District Attorney’s office and the Clerk’s office to monitor the caseload is anticipated. I will be calling these dockets during this pilot phase.

Under this proposed model, the prosecutors will provide discovery to defense counsel at the outset. If there is no attorney of record for the defendant when the case is referred to Robin Daly, one will be appointed immediately and discovery will be provided. Offers by the State will be made in advance of the docket call. At the docket call, the State intends to make its best and only offer.

If you are aware of any drug related felony cases in your present caseload that would qualify for the Pre-Indictment Resolution Program, please contact the prosecutor assigned to the case for placement on a docket. The currently scheduled Pre-Indictment Resolution docket dates are as follows:

February 18, 2010
March 11, 2010
April 15, 2010
May 13, 2010
June 9, 2010
July 15, 2010

Please contact Robin Daly or Sabrina Valich in my office if you have any questions or desire any additional information.