Judge Joe W. Hendricks Jr.

Applies to

Pretrial diversion application

The diversion application must state that counsel waives the speedy-trial or disposition right, and the defendant must agree to that waiver.

Applies to

Criminal record check

Before recommending on a petition, the Commonwealth's Attorney must obtain a criminal record check, provide a copy to the Court and defendant, and conduct any other investigation deemed necessary under KRS 533.252(3).

Applies to

Prosecutor recommendation

If recommending diversion, the prosecutor must submit written recommendations on diversion conditions and the appropriate sentence if the agreement is unsuccessful.

Contact

Phone to chambers

Hearings are scheduled through the Judge's office by telephone or in person.

Counsel scheduling a hearing expected to exceed 15 minutes should notify the Court and request a special date and time.

For an uncontested matter needing immediate attention, counsel should deliver the materials directly to the Circuit Judge and request immediate action.

A pretrial-diversion petition must be accompanied by notice to the Commonwealth's Attorney.

Before recommending on a petition, the Commonwealth's Attorney must interview and seek input from the victim or family and advise them when and where the petition will be heard.

The Court may revoke or void diversion participation after a hearing, with notice to the Commonwealth's Attorney and defendant, upon a showing of noncompliance or unsatisfactory progress.

An eligible person may petition for pretrial diversion after indictment, but must do so no later than five days before trial.

Counsel must file the entry of appearance immediately upon being retained, unless the appearance is apparent from the record.

Responses and replies must be filed at least two days before the hearing.