A newly updated bail and pretrial release policy for Halifax County Superior Court and Judicial District 6 District Court are among the new policy changes in effect.
The updated policies are in compliance with North Carolina general statutes which govern bail and pretrial release policies.
“Although the senior resident superior court Judge sets the bail and pretrial release policy, the purpose of the updated policy is to provide more discretion to a presiding judge and magistrates when determining the amount of a bond and other conditions for a defendant on pretrial release,” Halifax County Senior Resident Superior Court Judge Brenda Branch said.
Branch stressed that bonds are not set to punish as charges are merely allegations.
(Editor's note: The links in this report direct readers to the policies in place)
They are set for the following reasons:
Assure the appearance of the defendant in court
Reduce the risk of danger or injury to any person, including the defendant
Reduce the risk of destruction of evidence, subornation of perjury or witness intimidation
Some of the factors courts consider in setting bond are:
The nature and circumstances of the offense charged and weight of the evidence
Defendant’s ties to the area — family, employment, length of time in community
Defendant’s character, mental health condition and level of intoxication
Defendant’s record of convictions, history of flight to avoid prosecution or failure to appear at court proceedings
Any other factor relevant to the issue of pretrial release
Magistrates
Magistrates are judicial officials just as district court judges and are nominated by the clerk of superior court and appointed by the resident superior court judge.
Magistrates are now required to wear robes and follow judicial standards just as district and superior court judges.
Therefore, magistrates are required to follow statutory laws which set out factors to be considered when setting bonds.
This updated pretrial release and bail policy will work in conjunction with the Domestic Violence Bond Chart and the newly formed Criminal Justice Information Network Electronic Monitoring Domestic Violence Program, formerly known as Caitlyn’s Courage.
This program was implemented to alert law enforcement if the defendant is within a certain radius of the victim.
A retired law enforcement officer has been secured to operate the program.
Processing and movement of docketed cases
New administrative orders to monitor the processing and movement of docketed cases in Superior Court District 6-A will become effective immediately.
These administrative orders are designed to reduce delay in processing cases in superior court for Halifax County.
A newly updated continuance policy was released on January 1 for the Sixth Judicial District Court Division which includes Bertie, Halifax, Hertford, and Northampton counties.
Court Improvement Team members came together to agree on policy changes for continuances to allow the court cases to flow as smoothly and expeditiously as possible.
Criminal cases shall be disposed of at the earliest opportunity.
The district attorney will have authority to continue cases on the first setting. Only the presiding judge will have the authority to grant continuances after the third setting.
The Court Improvement Team has requested and received authorization for the Sixth Judicial District to use emergency judges to hold extra terms of court.
This will allow the district to reduce case backlog for DWI and misdemeanor cases.
Judge Branch signed a superior court order allowing criminal court sessions to be added to civil sessions when the civil sessions end early.
Although currently on assignment in Nash County for six months, Branch anticipates presiding in these extra court sessions upon her return to Halifax County.
The district attorney has secured three additional assistant district attorneys to further the efforts to dispose of cases in an effective and efficient manner.
Protocol
The Court Improvement Team has formulated a revised administrative order addressing courthouse and courtroom protocol.
The order addresses courtroom decorum policy for citizens entering the courthouse and the courtrooms.
This policy will specify items that are appropriate to bring inside the courthouse and rules for maintaining safety while inside the courthouse and outside on the premises.
Requests will be made to the county to address cleanliness inside and outside of the courthouse.
Funding request
Branch has requested and secured through the Administrative Office of the Courts funding for a newly hired employee to research, develop and initiate an adult drug treatment court.
The team will seek County, State and Grant funding.
Anyone interested in this initiative is encouraged to contact the superior court office at 252-593-3088.
Branch and 6B Senior Resident Superior Court Judge Cy A. Grant began meeting in August with district court judges W. Turner Stephenson III, Teresa R. Freeman, Vershenia B. Johnson, and staff in anticipation of revising current court policies and developing new policies for both judicial districts.
