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Rule4-704. Authority of court clerks.

 

Intent:

To establish the authority of courtclerks to extend the time for payment of fines, to dismiss citations issued for certain offenses, and to accept plea in abeyance agreements incertain limited circumstances.

 

Applicability:

This rule shall apply to all courts ofrecord and courts not of record.

 

Statementof the Rule:

(1) Unless otherwise ordered by thejudge, the clerk of the court, for reasonable cause, isauthorized to allow a defendant an extension of time to pay fines.

 

(2) Unless otherwise ordered by thejudge, the clerk of the court is authorized to dismisscitations as provided in the Appendix C, Uniform Fine Schedule.

 

(3) Plea in abeyance agreements.

 

(3)(A) A judge?or if there is a presiding judge, the presidingjudge?may direct the clerk of court to accept a plea in abeyance agreement intraffic offenses that are listed in Appendix C, Uniform Fine Schedule as notrequiring an appearance by the defendant. The clerk of court shall follow theprocedures of Title 77, Chapter 2a, Pleas in Abeyance,including:

 

(3)(A)(i) the offer by the prosecutor for a plea in abeyance,including the conditions established under paragraph (3)(B), may be on acase-by-case basis or by a written standing offer;

 

(3)(A)(ii) thedefendant?s waiver of rights and acceptance of that offer shall always be in awriting signed by the defendant; and

 

(3)(A)(iii) theplea in abeyance order shall always be in a writing signed by the judge.

 

(3)(A)(iv) The writings required bythe previous subsections may be included in the same document or record.

 

(3)(B) The conditions of a plea in abeyance authorized by this rulemay include only payment of a plea in abeyance fee of no more than $25.00 abovethe recommended fine in the Uniform Fine Schedule, a period of good behaviornot to exceed one year, and, if the offense is a moving violation of Title 41,Chapter 6a, Traffic Code, successfully completing traffic school.

 

(3)(C) If the defendant does not remit a fine as establishedby the court, or enter a plea in abeyance, the clerk of the court shall processthe case for trial.

 

(3)(D)The defendant may file awritten motion to withdraw a plea in abeyance within 30 days after entry of theplea. If the defendant timely moves to withdraw a plea, theclerk of the court shall set the matter before the judge.

 

EffectiveMay 12, 2020