IN THE CIRCUIT COURT FOR THE TENTH JUDICIAL CIRCUIT

IN AND FOR POLK COUNTY

ADMINISTRATIVE ORDER 2-38.0

IN RE: ASSIGNMENT OF MOTIONS FILED PURSUANT TO RULES 3.800 AND 3.850, FLA R. CRIM. P.

WHEREAS the judges of the Felony Division have determined that there should be a set policy for the assignment and handling of motions filed pursuant to Rules 3.800 and 3.850 Fla. R. Crim. P., it is accordingly

ORDERED AND ADJUDGED as follows:

1) Those cases where the defendant was convicted of first degree murder and sentenced to death shall be assigned to the judge who presided over the matter originally,at judge is still a sitting circuit judge. This shall be done no matter what division that judge is assigned to at the time. If the judge is no longer on the bench, the case shall be assigned randoml by the Clerk of the Court.

2) All other cases, with the exception of those covered by (3) below, shall remain assigned to their original division and be handled by the judge who then sits in that division, whether that judge was the original presiding judge or not.

3) On occasion, and at the determination of the administrative judge of the Felony Division, cases which are especially complex may be reassigned back to the original presiding judge or to the judge in the Felony Division who would be able to most efficiently handle the case.

DONE AND ORDERED on this 21st day of August, 1995.

RANDALL G. MCDONALD

Chief Judge