Requirements & Information
Standards of Professionalism
Judge Donna M. Padar expects all attorneys who appear to know and adhere to the Twelfth Judicial Circuit’s Standards of Professionalism, also available on the websites of the Manatee County Bar Association and the Sarasota County Bar Association.
A. Remote Appearance
This office has returned to pre-pandemic procedures. All proceedings in front of Judge Padar are held in person in Courtroom 4B at the Judge Lynn N. Silvertooth Judicial Center. Fla. R. Crim. Proc. - amended effective July 1, 2024 - permits the use of communication technology for non-evidentiary pretrial matters scheduled for 30 minutes or less upon written motion and Order absent good cause to deny such motions. This Court permits Zoom expert witness testimony upon agreement of the parties and the submission of an agreed Order. Once permission is granted, you may obtain the Zoom Credentials on the 12th Circuit Website.
B. Hearing Procedures
- All motions must be filed prior to requesting or reserving hearing time on JACS.
- All hearings 30 minutes or less in length are to be scheduled through the JACS. Attorneys are not permitted to schedule back-to-back hearings in order to acquire a longer block of hearing time.
- All requests for hearing time for one hour or longer must be submitted by email to the Felony2 Division email with all parties copied and the JA will offer dates and times once the Court has reviewed.
- Plea and motion dates are assigned to a specific time by alphabet. The scheduling party must determine which Assistant State Attorney is assigned to a case and schedule his/her plea or motion with their assistant accordingly. Please consult the judge’s monthly master calendars for assigned days before setting a case for hearing. Any hearing set on a day not assigned to the specific case will be cancelled.
- The Court is aware it may be necessary to set pleas and motions on dates other than those designated to a specific Assistant State Attorney. However, on such occasions the scheduling party must contact the assigned Assistant State Attorney for availability to clear the date and time on JACS.
- All hearings are limited to the time reserved. The party opposing the motion is entitled to equal time; therefore, the party reserving and scheduling the hearing must confer with opposing counsel and agree regarding the total amount of time required.
- Once a motion is scheduled subsequent motions may not be added or cross-noticed without prior approval by opposing counsel and the Court.
- Once a motion is scheduled another motion shall not be substituted in the event the original motion is cancelled or resolved absent prior approval by opposing counsel and the Court.
- The scheduling attorney/assistant must email a copy of the filed notice of hearing to JA immediately upon scheduling and filing hearing notice.
- The scheduling attorney must submit a paper copy of the notice of hearing, the motion to be heard, and any relevant supporting documents to which the parties may refer during the hearing by hand-delivery or mail at least three days prior to the hearing. Both parties shall submit any supporting case law at least three days prior to the hearing by mail or hand delivery. The Court does not accept email submission of documents absent Court approval.
- The attorney cancelling the hearing is responsible for notifying judicial security when an inmate will not be needed. If a hearing is cancelled, a defendant should not be transported.
- As soon as the scheduling attorney/assistant is aware that the time reserved is no longer needed, Counsel shall promptly e-file a Notice of Cancellation with the Clerk of Court and notice all parties after they have cancelled through JACS. However, JACS will block the ability to cancel when the cancellation is within one week of scheduled date. When JACS does not permit a cancellation the scheduling party must cancel the hearing by contacting the Judicial Assistant.
C. Communications with the Court
- Please read Judges Requirements before calling or emailing the Judicial Assistant as she cannot give legal advice.
- Attorneys and Assistants are to use the Felony2 Division email and not copy the Judicial Assistants personal email on every case as it creates duplicate work for JA to answer all emails.
- Judge Padar does utilize a division e-mail for all communications regarding a case. Please make sure that all parties are copied with the (case name, case number and subject of email are in the subject line).
- Please do not copy the Court in Attorney communications regarding a case.
- Do not send emails when a motion should be filed.
- Paper copies of motions, hearing documents, case law and proposed orders must be hand-delivered or mailed to the judge’s office in a timely manner; for hearings, submit items at least three business days prior to the court proceeding.
- Email the Judicial Assistant for communication purposes only.
- The following may be sent by email: All stipulations with separate proposed orders, including stipulation for substitution of counsel, credit for time, probation, SPR, etc.; also orders for restitution, order to transport defendant, JAC filings (to include motion, correspondence between attorney and JAC with order), and timely received motion requests for zoom appearance and orders.
- The high volume of emails received by the JA during and outside of working hours may result in a delay in response.
D. Submission of Orders
Attorneys are welcome to bring orders to Court or may submit to the Court electronically through e-portal or by email to Felony2 Division email following a hearing. This office does not provide electronic copies of Orders. Attorneys who fail to provide conforming copies and envelopes must retrieve their orders from the Clerk of Court Attorney/Subscriber Access (Manatee County) or ClerkNet (Sarasota.)
E. Courtesy Copies
Counsel must provide via regular mail, overnight services, or hand-delivery courtesy paper copies of all hearing documents (notices of hearing, motions, case law, and other supporting documents) at least three business days prior to the hearing to allow sufficient time for judicial review.
F. Emergency & Other Urgent Matters
The moving attorney is required to confer with opposing counsel in a good faith effort to resolve the issue prior to filing an emergency motion. Any emergency motion must include a certificate of good faith that states the movant has contacted opposing counsel and his/her position on the relief sought. Requests for emergency or expedited hearing time must be made by contacting the JA by phone to notify the Court that an email is being sent to the with an emergency motion that has been filed and sent to opposing counsel. The Judge will review the motion to determine whether an expedited or emergency hearing is warranted.
G. Exhibits for Evidentiary Proceedings
In document intensive cases the Court requires the parties to confer with the Clerk of Court prior to trial and present the Clerk with an exhibit list as well as the exhibits. Additionally, the Court requires the parties to provide courtesy paper copies of the exhibit list and marked exhibits to opposing counsel, as well as the Court.
If either side is going to use an exhibit that is in a different form/format than has been prepared and submitted with discovery the Court requires an exact copy of the exhibit to be delivered to opposing counsel no less than five (5) business days before trial. Counsel shall disclose to opposing counsel where in the discovery the information contained in the newly formatted exhibit can be found.
Pre-marked Exhibits
State to use numbers; Defense to use letters.
Redaction of Exhibits
If any party requests that any portion of an exhibit, i.e., recordings, cell phone records, text messages, email messages, transcripts, etc., be redacted, the request for redaction shall be made to opposing counsel no less than five (5) business days before trial. If the parties cannot stipulate to the redaction a motion must be filed and scheduled for hearing prior to trial.
H. Pretrial Procedures & Conferences
Compliance with AO
- The State and Defense shall comply with Circuit Criminal Administrative Order 2009-1 re procedures and protocol for CMC hearings, including the timely conveyance by the State of a sentencing recommendation to the Defense as well as a Case Management Certification.
- Case Management hearings are held at on Wednesdays (check monthly calendars for judicial conference/vacation schedule) and check daily docket sent out by the Court for instructions and change of times.
- The presence of defendants at Case Management is mandatory and shall appear unless excused by the Court or Defendant has personally signed a Waiver of Appearance at case management per the Florida Rules of Criminal Procedure and caselaw.
- The Court considers CMCs to be significant, meaningful proceedings. The Court expects the State to have provided the Defense with a Discovery Response, the Criminal Punishment Code Scoresheet and plea offer with sufficient time for review prior to the CMC so that Defense counsel may review the Discovery, confer with the client and convey the plea offer
- If the parties stipulate to a new case management or trial date, they must use the approved Stipulations for Case Management or Trial Date found on the Twelfth Judicial website under Felony2 Division Court Approved CMC Stipulation, Court Approved Trial Stipulation.
- Signed Stipulations may be submitted to the Court by noon the Friday or (3) business days prior to the scheduled Case Management. If signed stipulation is received and signed by the Judge, all parties would be released from appearing for Court.
- If a signed stipulation is not received by deadline for approval and signature, Attorneys and defendants are expected to appear “in person” in the courtroom. Stipulation forms are also available in the courtroom for attorneys to fill out and be ready with case is called.
- The stipulation must be filled out and contain the defendant’s signature by the star symbol. If the parties cannot agree on a trial date, the Court will select one.
- At the Case Management hearing defendants may enter pleas and are encouraged to do so. If the plea/sentencing is lengthy (greater than 10 minutes) or involves an interpreter, the Court prefers the matter be set on the assigned assistant state attorney’s regular hearing day.
I. Setting Case for Trial
Docket Sounding
Docket Sounding is held two weeks before the trial period. Defendants in person appearance at docket sounding is mandatory unless excused by the Court. No motions of any kind (oral or written), including motions to continue, will be heard at docket sounding. The purpose of docket sounding is to enter a plea or announce ready for trial. If a case is ready for trial the attorneys shall be prepared to advise the Court as to how many days the trial will last (including jury selection), whether speedy trial is an issue, and any potential calendar conflicts. Counsel must comply with trial deadlines and have motions heard prior to trial. Contact the JA if hearing time is unavailable on JACS.
Pleas
Counsel is encouraged to discuss and to agree on pleas that may be entered by a defendant. However, ultimate responsibility for sentence determination rests with the trial judge. Negotiated pleas are subject to the court’s approval.
Plea Cut-off Date
The negotiated plea cut-off date for all cases on a trial docket is the Friday at 5:00 pm of the docket sounding week – all pleas taken after that time will be straight-up pleas to the Court and require a sentencing hearing.
Thereafter all pleas will be open pleas and require a sentencing hearing and pre-sentence investigation report (if requested and if applicable) unless the charge(s) are amended in some significant manner, or the Court has extended the negotiated plea cut-off date due to extenuating circumstances.
Score Sheets
Score sheets must be completed in full (or to the extent possible on an open plea) so that, at most, only the judge’s signature will be required.
Trial Scheduling
The purpose of trial scheduling is to set the trial order. Attorneys and their clients are to attend this mandatory appearance unless prior permission by the Court has been given. No motions of any kind (oral or written), including motions to continue, will be heard at trial scheduling.
Trial periods are set for two (2) weeks. Although a trial order will be published counsel shall be prepared to go to trial the first day of the trial period and remain available for the entire two-week trial term. The final trial docket will be distributed.
Two judges are generally available for the trial period. At 8:30 a.m. on the first day of the trial period all cases remaining on the trial docket are directed to report in front of Judge Padar. Unless a case is given a specific date and time certain for commencement of trial, all cases must be ready for trial on the first day of the trial period.
Jury Instructions
Counsel shall confer and proposed jury instructions shall be submitted to the Court via email to the Judicial Assistant by 12:00 noon on the first day of trial.
J. Preferred Division Forms
To access forms, visit the Criminal Division page.
K. Other Division Procedures
Court Interpreters
It is counsel’s responsibility to notify the Court Interpreters Office of the need for a foreign language interpreter for court proceedings. Due to the limited number of on-site and contractual court interpreters, attorneys must request and schedule interpreter services at least (5) five business days in advance. See the Court Interpreters page.
Non-Spanish Speaking Defendants
The Court requires that non-Spanish interpreter cases be scheduled for pleas or status conferences on the assigned assistant state attorney scheduling day – with case management being kept as the control date – as case management dockets have now swelled to over 100 cases. The Court reiterates that Court Administration bears the costs for interpreter services. Interpreter Services requires notice 5 business days prior to the need for the Interpreter services. The cost depends on in-person or zoom, and which Interpreter is provided. Contract interpreters or Agency provided interpreters each have different fees. If cancellations are made less than 48 hours in advance, payment is still required. Counsel should always meet with the client prior to the scheduled court date. It is getting to increasingly difficult to secure ‘in person’ interpreters for court proceedings; most non-contract and Agency interpreters are requesting to appear via Zoom. A defendant should already be prepared for court, with documents translated and signed.
Inmate Transport
At this time the Judicial Assistant submits the request to have inmates transported to court. The cutoff is noon the business day prior to the inmate’s court date. Please read dockets for all instructions as all inmates are not automatically transported unless requested.
JACS Dockets & Trial Dockets
JACS dockets are closed one week prior to the hearing date. After a docket is closed, no additional changes can be made using JACS. Dockets are distributed via email (dockets will include important information as to appearance and Courts requirements regarding the docket). Please email the division email to be included on the distribution list
Tentative and Final versions of trial dockets for Felony Division 2 are distributed via email (dockets will include important information as to appearance and Courts requirements regarding the docket).
Add-On Cases
Any party wishing to add a case or hearing to the docket after JACS has closed must contact the JA no later than 9 a.m. the day prior to the scheduled hearing. Cases may not be added on without the express consent of opposing counsel and the Court. There is a 11:30 a.m. deadline for adding cases or inmates to a docket to ensure the Clerk has a Court Appearance Record and if the defendant is in custody to allow transport advanced notice.
Single Defendant, Multiple Cases
When scheduling a hearing on a single defendant involving multiple cases, all case numbers are required on the Notice of Hearing, beginning with the lowest case number. When scheduling through JACS, only schedule the first case number in JACS. Send an email to the JA with all other case numbers to be entered.
Monthly Calendars
Monthly calendars for Felony Division 2 are posted on the Circuit’s website and are updated regularly.
Specific Motions
Bond Hearings
Bond hearings that will take less than 15 minutes and where there is no alleged victim will take place Wednesdays at 9:00 a.m. at the jail for all ASAs as set forth on the Court’s monthly docket.
Bond hearings that are in excess of 15 minutes or that have alleged victims may be scheduled using JACS on the ASA’s assigned day. (You will need to email the Judicial Assistant with the total time needed.)
Uncharged Defendants
Motions to release uncharged defendants must be provided to Court and the State. The motion shall include the Clerk’s time stamp. The JA will email both the State and defense to confirm receipt of the motion and give a time deadline to respond with filing decision.
If the State files an Information or decline by (time given by Judicial Assistant) and emails the same date the motion to release is filed, the State shall provide a copy of the Information with the Clerk’s time stamp to the Court and the defense. The State shall submit a proposed order to the Court denying the motion to release.
If the State has no objection to an uncharged defendant’s release, the State shall notify the Court and defense by submitting a copy of the original motion along with the following written statement: “I have no objection to this Defendant’s immediate release.” along with the ASA’s signature. The defense attorney shall be responsible for providing copies of the order releasing the defendant to all interested parties to secure the defendant’s release.
If the State does not respond to the motion (time given by Judicial Assistant) by 5 p.m. the date it is filed, the motion will be set for hearing within 72 hours. The defense attorney shall contact the Judicial Assistant for time and prepare the Notice of Hearing.
Motions to Continue
Oral motions to continue are not permitted at any time. Once a trial date is stipulated to and/or set by the Court, absent an unforeseen circumstance or emergency, the Court will rarely grant a continuance.
The Court strictly adheres to the mandates established by the United States Supreme Court, Florida Supreme Court, Fla.R.Jud.Admin.2.545(e) and Fla.R.Crim.P.3.190(f). All motions for continuance shall be in writing and signed by the attorney as well as the party (the Defendant, if a defense motion) unless good cause is shown.
All requests for continuance shall include: the grounds/reasons for the requested continuance, a Certificate of Good Faith; be signed by the party (the Defendant), indicate whether the Defendant is in local or DOC custody, the date the information/indictment was filed, the charge, the number of previous continuances, waiver of speedy trial, who requested the previous continuance and all efforts made to move the case and resolve discovery issues.
A motion to continue shall be timely filed and be calendared through JACS. If there is no time available, the attorney shall contact the Judicial Assistant. If the attorney fails to schedule a hearing the pending motion for continuance shall be deemed waived. If there is an agreement by all parties to a continuance, a motion must still be filed. Stipulations to continue will not be considered without a filed motion to continue. The Court is ultimately responsible for granting or denying a continuance even if the parties stipulate. No witnesses or defendant(s) shall be excused until such time as the Court rules on a motion/stipulation for continuance.
Motions for Rehearing, Reconsideration, Arrest of Judgment, New Trial, and/or Motion to Withdraw Plea
All Motions for Rehearing, Reconsideration, Arrest of Judgment, New Trial and/or Motion to Withdraw Plea must be filed with the Clerk of Court and a copy must be simultaneously provided to the judge’s office. Do not set for hearing on JACS. After review, the judge will determine if a written response or hearing is required.
Motions to Modify or Terminate Community Control or Probation
All motions to terminate or modify community control or probation must be filed with the Clerk of Court. Contested motions will be set with Court approval on scheduled VOP days prior to VOP hearings unless other hearing time is approved by the Court. If neither the State or DOC object to a motion to modify or terminate supervision the attorneys may submit a signed stipulation and separate proposed order to the judge for review and signature.
Pro se Motions to Modify or Terminate Probation will be reviewed the Court, a notice will be prepared with a response page for the State and DOC to respond whether they agree or object to defendant’s request, which must be received by hearing date which requires a mandatory court appearance by the State, Defendant and supervising officer. Parties are not automatically entitled to a hearing on a motion to modify or terminate supervision and shall not set a hearing without prior court approval. These hearings are set on the Felony 2 VOP date at 11:00 am and 11:30 am once a month.
VOP/VOCC Related Proceedings
Violation of supervision hearings are generally held on a Monday once a month at 9:00 a.m. for VOP Conference and 1:30 pm for Contested/Evidentiary Hearings. Pleas will be heard on this day, but VOP pleas can also be scheduled using JACS. Subpoenas should be issued accordingly. No contested VOP hearings will be held the same day absent agreement between all parties.
Restitution
Parties shall confer and have a proposed restitution Order/Judgment prepared for the Court. It should include, but not be limited to, the amount, how payments are to be made, i.e. monthly payment, as a condition of probation, or through the Manatee County Clerk of Court Department of Financial Recovery and include a minimum monthly payment as well as when the payment is to begin.
Sentencing Hearings
If a PSI has been ordered the Court will address the State and Defense first to inquire if there are any disputes as to the factual accuracy of the report. Defense counsel shall provide their client with a copy of the report before the hearing. If there are objections the Court will resolve them; otherwise, the Court will conclude that everything in the report is accurate.
The Court will request the score sheet and inquire if there are any objections. Once again, Defense counsel shall have reviewed the score sheet with their client before the sentencing hearing. If there is an objection the Court will resolve it. If no objection, the Court will ask the State the sentence they are seeking, then the defense will be asked the same question. After that inquiry, the State will present any testimony or evidence they want the Court to consider. The Defense will then present any testimony or evidence they want the Court to consider, including the defendant’s allocution, if they so desire. The State will be allowed a brief rebuttal argument.
Departure Requests
Requests for a downward departure from the criminal punishment code scoresheet presumptive sentence shall be in writing stating the legal authority for the proposed departure, i.e. the rule or statute, as well as supporting case authority and a brief factual basis to support the departure request. Departure requests shall be noticed five days before the hearing. It is, however, acceptable to file at the time of sentencing if the State is previously aware of the request and eliminates the need to file a motion to continue to secure witnesses to rebut any facts necessary to support the departure.
The State is free to file a written response to the Defense submission but is not required to. They are, however, required to submit case law to the Court and opposing counsel at least three (3) days before the hearing in conformance with the court’s general requirements.
The purpose of the Departure requirement is to ensure all parties have notice and an opportunity to prepare for the hearing. If the request is a run of the mill departure, such as a request for drug offender probation pursuant to Florida Statute 948.20, the Court will not require strict compliance with this rule.
Specific Requirements
- Witness Availability for Hearing
- Parties shall ensure that witnesses will be available for the selected hearing date. Subpoenas should be issued once a hearing date is certain.
- Mandatory Pre-Hearing Conference
- Unless otherwise indicated by the Court, attorneys and litigants are required to appear in person or by Zoom for a mandatory 5- to 10-minute pre-hearing conference, generally scheduled one week before the hearing.
- Submission of Pre-Hearing Conference Memorandum for Extended Hearings Other than Sentencing Hearings
- At least two business days prior to the pre-hearing conference, each party shall submit a Pre-Hearing Conference Memorandum to the Court via the Felony 2 email at Felony2@Jud12.FlCourts.org and the opposing party and file a copy with the Clerk. A sample Pre-Hearing Conference Memorandum is available in Word format for downloading on the Criminal Division page.
- No memorandum is required for sentencing hearings.
- Continuances, Cancellations and Resolutions
- Motions to continue must address the factors set forth in Fla.R.Jud.Admin 2.545(e). Opposed continuances may be granted upon a showing of good cause, such as an emergency or other unanticipated event.
- Only the Court may cancel an extended hearing time. A Notice of Cancelation will not guarantee that a hearing will be continued.
- Any resolutions without the need for the extended hearing shall be brought to the Court’s attention so that the Court may offer the hearing time to other parties.