Administrative Order: Procedures Regarding Certain Criminal & 50B Complaints & Cross-Warrants & Complaints

STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG
IN THE GENERAL COURT OF JUSTICE DISTRICT COURT DIVISION

 

ADMINISTRATIVE ORDER
PROCEDURES REGARDING CERTAIN CRIMINAL AND 50B
COMPLAINTS AND CROSS WARRANTS AND COMPLAINTS

Abusive Process
 Anyone having good cause to believe that an individual (other than a law enforcement officer), has, on more than one occasion, made false or frivolous allegations to obtain a criminal summons, warrant and/or a domestic violence protective order may provide, in writing, to the Chief District Court Judge the complete name of that individual and of the defendants) and as much documentation and other information as possible regarding that individual's complaints and their outcomes.
 If the Chief District Court Judge concludes that allegations of misuse of the warrant or protective order issuing process are substantiated, s/he will instruct the Magistrates not to issue further warrants, summonses and/or protective orders requested by that individual.
 The Magistrates will maintain a master "no issue" list.
 The Chief Judge will also refer the matter to the Police Supervisor in the District Attorney's Office (347- 7891) who will investigate the case and forward the results of that investigation to the Chief Misdemeanor District Attorney (347-7891) who will take such action or make such recommendations as may be appropriate, including either prosecuting or dismissing previously filed warrants; initiating prosecution based on the allegedly false or frivolous allegations); initiating prosecution for perjury or making a false police report; or recommending that the individual's name remain on, or be removed from, the "no issue" list.
 Periodically, the Chief District Court Judge and the Magistrates will purge the "no issue" list of inactive names.

Stale Complaints
 Magistrates will exercise their sound discretion in determining whether to issue warrants, but whenever the event complained of occurred over one week prior to the complaint being made, and there is no credible explanation for the delay, the Magistrate may consider a criminal summons as an alternative to a warrant, or may decide to decline a warrant and refer the complainant to the Field Operations Commander at 336-5712.

Complaints Against Public Officials
 Complaints (which would constitute misdemeanors) against an officer or employee of the city or any town, the county, state or federal government, who at the time of the incident giving rise to the complaint was discharging or attempting to discharge his or her official duties, should ordinarily be referred for investigation during regular business hours to the Police Supervisor in the District Attorney's Office at 358- 6294. After hours or on weekends and holidays, such referrals should be made to the Charlotte- Mecklenburg Police Department Field Operations Commander at 336-2141.
 All complainants in such cases should complete an affidavit ("pink sheet") which should be faxed with the referral to the Police Supervisor at 347-71 11 or to the Field Operations Commander at 336-5712. The CMPD will investigate the case, and will forward the results of its investigation to the Chief Misdemeanor District Attorney (347-7891) for review. The District Attorney will send a verification form to the Magistrate stating whether or not the case has been accepted for prosecution.
 If an extraordinary circumstance necessitates immediate issuance of a warrant or a criminal summons, the case should nevertheless be referred for investigation as indicated above, after issuance of the process. The Magistrate should send the original affidavit ("pink sheet") with the copy of the warrant through the normal process and send a copy of the affidavit ("pink sheet") to the Police Supervisor or Field Operations Commander.

Cross Warrants and 5OB Complaints
 Magistrates will cross check the names of the complainant, Plaintiff and Defendant to determine whether there are other pending criminal or 50-B proceedings between them, and the outcome or status of those proceedings.
 There is no prohibition against cross warrants. However, if the Magistrates issue cross warrants, or if a Magistrate or anyone else becomes aware of the existence of cross warrants, he or she will inform the Chief Misdemeanor District Attorney (347-7891). The District Attorney will take such action as may be appropriate, including screening the cases and prosecuting or dismissing either or both warrants, or scheduling both for trial at the same time.
 Likewise, whenever the Magistrate or anyone else becomes aware of the existence of separate cross 506 complaints, he or she will inform the 506 clerk (347-7898) who will, in turn, inform the presiding judge, and will schedule both cases at the same time, if at all possible.
 This the 14th day of December 1998.

William G. Jones
Chief District Court Judge

 

 

 
Thursday September 9, 2010


 
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