11. South Water Street
Liberty, Missouri 64068
ASSOCIATE CIRCUIT JUDGE
Division No. VII
To: All Attorneys Practicing in Clay County Circuit Court
From: Judge Louis Angles (Div. VII)
Re: Revised Scheduling for Division 7 for Disposition for Misdemeanor and Traffic Cases by Written Plea and Monday Webex meeting docket
Date: January 1, 2021
Effective January 1, 2021, and until further notice, Division 7 has implemented the following temporary changes for the traffic dockets. The changes are necessary due to the limited number of persons permitted in the Clay County Courthouse and the overcrowding problems which create limited access for attorneys and their clients to other Divisions.
- Any attorney needing to continue a case, is strongly encouraged to file an electronic motion for continuance and order for each case at least 2 days prior to the scheduled court date.
- On Wednesday traffic dockets only the attorneys, (and their clients), ready to dispose of cases, will be permitted in Division 7 for the 9:00 a.m docket and 1:30 p.m. traffic dockets. Attorneys needing to negotiate a plea with the prosecutor or seek a continuance will be permitted to do so after the 1:30 p.m. docket has been completed. The only other cases where attorneys and clients will be allowed into Division 7 for the 9:00 a.m. docket will be public defenders, cases set for bench trial, diversion call-back cases, and probation violation hearings.
- The Court will implement a Webex traffic docket beginning Monday, January 11, 2021, (and on every Monday thereafter-except holidays) starting approximately 2:30 p.m, or as soon as possible immediately following the afternoon arraignment docket. You may attend the Division 7 Webex meeting if your case is not set for trial, or set for a contested hearing of any kind. Attorneys with traffic cases are encouraged to utilize this meeting procedure whenever possible. Please electronically file any applicable documents including notices to be considered by the Court at least 3 days in advance of the Webex hearing. If the hearing involves a probation violation, it is the obligation of defense counsel to notify the probation officer of Defendant’s Webex violation hearing.
Meeting number (access code): 146 794 7008
Meeting password: Please call Division 7 at 816-407-3970 for password
Host Key: 115263
JOIN BY PHONE
+1-408-418-9388 United States Toll
Access Code 146 794 7008
- Most Misdemeanor and traffic cases in Clay County may be disposed of by written guilty plea. However, there are certain types of cases where written guilty pleas will generally not be accepted. These include, but are not limited to: (a) Domestic Assault; (b) Assault resulting in physical injury; (c) Violation of an Order of Protection; (d) Probation Revocations; (e) DWI/BAC cases; and (f) cases where the prosecuting attorney is recommending a conviction for DWI/BAC. In any case, if defense counsel believes that special circumstances exist which would otherwise justify the Court accepting a written plea, and the prosecuting attorney consents, defense counsel should follow the procedures set forth below.
The Court has created a guilty plea form when taking advantage of these new procedures. For everyone’s convenience, these are Word forms that can be modified by defense counsel to fit any given case. You may download these forms by going to Circuit7.net. They include:
Form 1 - Guilty Plea (PDF)
Form 2 – Probation Order (PDF)
- Defense counsel should first notify the Clay County Prosecutor’s office that Defendant wishes to reach a plea deal at email@example.com. A prosecutor will respond by email. If Defense Counsel and the Prosecuting Attorney come to an agreement, then Defense Counsel should complete Form 1 (Plea of Guilty) and have Defendant sign. That form should be emailed to the applicable Prosecutor for his/her signature. If Defendant will be on probation, the Prosecutor’s Office should fill out Form 2 (Probation Order) and email it to Defense Counsel for Defendant’s signature. Once the defendant has signed and returned these documents to defense counsel, defense counsel should e-mail Form 1 and Form 2 to firstname.lastname@example.org.
- Defense counsel and the APA may provide electronic signatures (“/s/”) on all forms used herein in lieu of an original signature.
- After the Court accepts the plea agreement and enters its judgment and sentence, one of the traffic clerks will total the fines, costs, and other fees and charges, and write in the total amount due on Form 3 (Sentence-Judgment-Commitment) and efile it to Case.net. It is the responsibility of Defense Counsel to provide the clients with these forms and to have the client pay the fines and costs, and to sign up for probation.
If probation will be supervised by either Midwest ADP or Northland Dependency Services, please contact the applicable supervising entity within one business day to set up a date and time to attend probation orientation. It is best to call during normal business hours.
Midwest ADP, 6060 North Oak Trafficway Gladstone, Missouri 64118, (816) 468-6688
Northland Dependency Services, 26 S. Gallatin Liberty, Missouri 64068, (816) 781-8999
- Due to the uncertainty about when the current health emergency will end, the financial hardship it has caused, and social distancing recommendations, the Court will allow up to 30 days to: (a) pay fines, court costs, CVCF payments, recoupment costs, and/or other fees or charges; and (b) up to six months to complete Court ordered programs, such SATOP, ADEP, VIP, or Community Service. However, Court ordered installation of an Ignition Interlock Device, SCRAM, House Arrest, or random testing for drugs or alcohol will generally not be deferred. Finally, where shock time or straight jail time has been ordered, the Court may recommend a stay execution of that time during the COVID-19 crisis, depending on existing circumstances.
- Utilizing these procedures will allow both defense counsel and the prosecuting attorney to dispose of many traffic and misdemeanor cases without exposing everyone to the coronavirus. Not only will this further the administration of justice, it will also reduce the number of people in the courthouse and the size of our Misdemeanor and Traffic dockets.
Any other questions should be directed to the Circuit Clerk’s office:
Traffic: (816) 407-3870 or Criminal: (816) 407-3860
ASSOCIATE CIRCUIT DIVISION
NOTICE OF COVID-19 PRECAUTIONS
December 10, 2020
The following is the list of procedures and precautions all lawyers and litigants are requested to follow until further notice. Please note, these procedures are subject to change depending upon adoption of Local Rules for COVID-19 precautions, Orders of the Supreme Court, or other modifications required by circumstances.
- Jury Trials: All scheduled Jury Trials scheduled prior to April 1, 2021 are continued. Attorneys in these cases are requested to schedule a phone conference with the Court to select new pre-trial and trial dates. Jury trials set after April 1, 2021 remain set subject to future review for COVID-19 purposes;
- Hand Washing: Lawyers and litigants must wash or sanitize their hands immediately upon entering the Court House. All persons must cover their mouths when coughing, sneezing or yawning;
- Face Masks: Lawyers and litigants are strongly encouraged to wear face masks. All persons are responsible for obtaining face masks prior to arriving to Court.
- Social Distancing: All persons must follow social distancing guidelines as suggested by the U.S. Center for Disease Control, or at least 6 feet of separation;
Staggering of Large Dockets: Division 9 will attempt to stagger case and docket settings throughout the morning and afternoon to assist with social distancing. Wednesday and Thursday dockets are going to be particularly affected by this new procedure. Attorneys and parties should check postings on the morning of the original hearing date. Staggering will proceed as follows:
- The common area computer screens will list case settings and a printed schedule may be posted in the front windows of the Justice Center to be visible outside of the building. These postings will occur the morning of the hearing or docket;
- Questions may be directed by phone call or email to the Division 9 Clerk, Audrey at email@example.com or at (816) 407-3990. Please call or email at least a day prior to your hearing. Calls or emails occurring the morning of the hearing or trial will not receive a response;
- Continuance requests must follow the procedure in paragraph no. 7 below.
WARNING: The following persons will not be admitted into Division 9:
- Persons who have symptoms of COVID-19 (e.g. dry cough, fever, etc.);
- Persons with flu like symptoms;
- Persons who have been exposed to the COVID-19 virus;
- Persons who fail or refuse to follow social distancing and hand cleansing protocols will also not be admitted to the Division.
If you are one of these persons, you must notify the Court by email and request a continuance to avoid entry of a judgment against you. Your continuance requests should follow the procedure in paragraph no. 7 below. Please do not come to Court to request your continuance.
Continuance Request Procedure:
- Requests should substantially comply with the Missouri Rules of Civil Procedure No. 65 and Local Rule No. 34.1; and
- Requests must be writing and received by the Court at least one day prior to your hearing; and
- All requests must state your NAME, CASE NUMBER, your REASON for continuance, and DATE(S) you are available to appear in the future. Continuances requests for more than 60 days will not be granted absent good cause. Requests that do not state the case names or case numbers will not be granted; and
- All requests must be in writing filed with the Court in one of the following forms: (1) an electronic filing of a motion if you are an attorney; or (2) by an email request to firstname.lastname@example.org if you are a party not represented by an attorney.
Courtroom Procedure – Hearings and Bench Trials: All persons should as much as possible follow social distancing guidelines which include the following:
- Face masks are required;
- Completely cover your mouth when sneezing, coughing, or yawning. Failure to do so may result in suspension of the proceeding;
- Keep 6 feet of separation between persons as much as possible;
- Parties and attorneys should remain at the counsel tables and use the microphones at those tables for all appearances, arguments and inquiries of witnesses. Witnesses may testify from the witness stand;
- Evidence: The rules of evidence continue to apply. A nonparty witness may appear by telephone if all parties agree, but subject to the discretion of the Court. Witness testimony and/or records evidence may be submitted with the pleadings as evidence if done in accordance with the Rules of Civil Procedure, statutory authority, or upon stipulation of the parties. Party testimony submitted by deposition is permitted, however, deposition designations shall be filed with the Court no later than 5 days prior to the hearing/trial date to permit time for objections and avoid unnecessary delays during trials;
- Motions: In cases where there are lawyers for each party, motions may be taken by teleconference or they may be submitted on the written motion. Witness testimony and/or records evidence may be submitted with the pleadings if done in accordance with the Rules of Civil Procedure, or upon stipulation of the parties. All other evidence may be offered in accordance with paragraph no. 8(e) immediately above.
- Adult Abuse and Orders of Protection: These cases have not been suspended by the Missouri Supreme Court. Cases will be set for hearing in compliance with the applicable statutes and rules of procedure. Trials will be conducted in person and according to the aforementioned COVID-19 safety protocols. Parties may request continuances in accordance with the procedure set forth in paragraph no. 7 above. A nonparty witness may testify by telephone if all parties agree, but subject to the discretion of the Court. Other evidence may be offered as discussed in paragraph nos. 8(g) and (f) hereinabove.
- Persons currently experiencing symptoms of acute respiratory illness, including fever, persistent cough, or shortness of breath*;
- Persons currently under self-quarantine as ordered or requested by any doctor, other licensed health care provider, or health agency (such as the Clay County Public Health Center), or who reside with anyone who has been ordered or requested to so self-quarantine, pursuant to a determination of a presumptive positive diagnosis of COVID-19 infection*;
Persons who have been diagnosed with** COVID-19 (novel coronavirus) infection, or who
reside with anyone who has been diagnosed with** COVID-19 infection, unless either
that person or the person with whom that person resides
- Has been free of fever (100.4 degrees F or 37.8 degrees C or greater using an oral thermometer) for at least 72 hours (three full days) without the use of fever- reducing medications
- Other symptoms (i.e. cough, shortness of breath) have improved
- It has been at least ten days since the onset of symptoms; and
- That person wears a face mask or face covering for the entire duration of their time within the courthouse.
Individuals not authorized to enter the courthouse due to the above restrictions, and who have a summons or Order to appear in Court are instructed as follows:
- If you are represented by an attorney, please contact your attorney;
- If you are not represented by an attorney, please call 816-407-3900, Monday thru Friday, 8:00 am to 4:30 pm. – please have your case number, court date and court division ready;
- If you have been summoned for jury duty, please contact the Jury Supervisor at 816-407-3998; or
- If you are a witness in a hearing, please contact the attorney or party that subpoenaed you.
- Face masks or face coverings shall be required of all persons, including all attorneys, litigants, and witnesses in all types of cases, seeking entry into any of the above buildings, and shall be worn at all times within any of those buildings.
- All members of the public are strongly encouraged to bring their own face mask or face covering; however, face masks will be provided to those individuals who do not have their own.
- Hand sanitizer shall be used by all persons, including all attorneys, litigants, and witnesses in all types of cases, seeking entry into any of the above buildings prior to being granted permission to enter the building;
- Social distancing separation of at least six feet from others shall be practiced to the greatest extent possible by all members of the public seeking entry into any of the above buildings, and shall be maintained at all times within the building;
- Entry into any of the above buildings shall be strictly limited to only those individuals with actual court-related business - all other adults shall be directed to remain outside of the building.
- In the Clay County Courthouse, the jury assembly area, the attorney lounge, and the law library shall be closed to all members of the public;
- No loitering shall be tolerated in any area of the Clay County Courthouse, including both floors of the rotunda – all members of the public, including all attorneys, are directed to conclude their business as rapidly as possible and then immediately exit the building;
Individuals with questions regarding the status of pending civil or criminal cases, including questions regarding upcoming court dates, should first refer to case.net. For additional information, individuals with pending civil or criminal cases are directed as follows:
- If you are represented by an attorney, please contact your attorney;
- If you are a victim or a witness for the State in a criminal case, please contact the Clay County Prosecuting Attorney’s Office at 816-736-8300;
- If you are a witness in a civil case or for the defense in a criminal case, please contact the attorney or party that subpoenaed you;
- If you are not represented by an attorney, or if you cannot reach your attorney, and you do not know the division to which you case is assigned, you may contact the Clay County Circuit Clerk’s Office at 816-407-3900, Monday thru Friday, 8:00 am to 4:30 pm. – please have your case number ready;
If you are not represented by an attorney, or if you cannot reach your attorney,
and you know the division to which you case is assigned, you may contact the
court clerk for that for that division directly, Monday thru Friday, 8:00 am to
4:30 pm. – please have your case number ready. The phone numbers for the
division court clerks are as follows:
- Division One: 816-407-3910;
- Division Two: 816-407-3920;
- Division Three: 816-407-3930;
- Division Four: 816-407-3940;
- Division Five: 816-407-3950;
- Division Six: 816-407-3960;
- Division Seven: 816-407-3970;
- Division Eight: 816-407-3980; and
- Division Nine: 816-407-3990.
*The Centers for Disease Control and Prevention recommends that individuals who have symptoms of COVID-19 (novel coronavirus) infection, which include fever, persistent cough, or shortness of breath, stay home until
- They are free of fever (100.4 degrees F or 37.8 degrees C or greater using an oral thermometer) for at least 72 hours (three full days) without the use of fever-reducing medications;
- Other symptoms (i.e. cough, shortness of breath) have improved; and
- It has been at least ten days since the onset of symptoms.
For more information on the Coronavirus, please visit:
- https://www.cdc.gov/ - Centers for Disease Control and Prevention.
- https://www.clayhealth.com/ - Clay County Public Heath.
Verification of Compliance with CDC
Forms For Temporary Procedure for Disposition of Misdemeanor and Traffic Cases