Judge Judy Vance Murphy

Applies to

Pretrial diversion proceeding

For a pretrial diversion application, counsel must state on the record, and the defendant must agree on the record, to waive speedy-trial or speedy-disposition rights if diversion is granted.

Applies to

Commonwealth recommendation

The Commonwealth must provide the Court with a written recommendation in response to each diversion application.

Applies to

Criminal record check

Before recommending diversion, the Commonwealth must obtain a Courtnet criminal-record check and supply a copy to the Court and the defendant.

An eligible person may apply for a pretrial diversion order after indictment, but no later than 45 days before trial.

The court must review a protective-order petition immediately upon filing.

Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

After regular business hours, the authorized agency or officer must contact the district judge to consider the petition or motions.

Petitioners seeking to initiate contempt proceedings should contact the Adair/Casey Circuit Court Clerk’s office, which will set a hearing on the next available domestic violence docket in the court that issued or modified the EPO or DVO.

Attorneys must promptly notify the court and all other counsel of circumstances requiring their absence or tardiness.

The Court may revoke or void participation in pretrial diversion after a hearing, with notice to the Commonwealth's Attorney and the defendant.

An attorney seeking to stop representing a party must give adequate notice to the client and opposing counsel.

Service

Court service

If a motion to cease representation is granted, the Clerk must serve the order on the client and all attorneys of record.