IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR POLK COUNTY, FLORIDA

ADMINISTRATIVE ORDER NO. 2-24.2

PROVIDING SYSTEM FOR RANDOM ASSIGNMENT OF NONARREST FELONY CHILD ABUSE AND CHILD SEXUAL ABUSE CASES

The provisions of Administrative Order 2-5.0 notwithstanding, when a complaint affidavit is submitted to the State Attorney's Office charging a defendant with a felony violation of section 794.011(2), 794.011(8), 794.05, 800.04, 827.03, or 827.04, Florida Statutes, the following procedure shall be used in the assignment of the case among the divisions of the Felony Division of the Circuit Court in Polk County, commencing April 18th, 1994:

1. Upon receipt of the complaint affidavit covered by this order, the State Attorney's Office shall notify the Clerk of this court of the law enforcement agency case number assigned to that complaint affidavit. The Clerk shall as it receives each agency case number, assign each such number to one of the divisions on a blind random selection system as described below. This assignment system shall be separate and apart from the systems used for the random assignment of all other felony cases.

2. The Clerk of this Court shall procure a box so constructed that one marble at a time may be released from it randomly and a supply of marbles of different colors, one for each division. The Clerk shall place an equal number of marbles for each division in one box. Enough marbles shall be used to allow efficient operation of the system, the numbers to be determined by the Clerk. The Clerk shall be responsible for the secure and impartial operation of the marble machine to the end that the assignments will be random and so that it will be impossible to determine which marble will drop next from the box.

3. Upon receiving each agency case number, the Clerk shall drop one marble from the box and the number shall be assigned to that division. The Clerk shall keep a record of the assignment and notify the State Attorney's Office of it. At such time as the State files a case with the Clerk based upon that agency case number, the assignment previously made shall be noted upon the file folder and entered into the Clerk's computer docket system.

4. In the event the State Attorney's Office receives subsequent complaint affidavits on a defendant, it shall notify the Clerk of this fact and the Clerk shall assign those complaint affidavit's to the division to which the defendant's earlier case is assigned.

This order supersedes Administrative Order 2-24.1 dated February 18, 1994.

DATED this day of April, 1994.

RANDALL G. MCDONALD, CHIEF JUDGE