Opinion
NO. 1507.
July 5, 2001.
ADMINISTRATIVE ORDER
For cause, it is
ORDERED that the following procedures shall apply to guilty pleas before United States Magistrate Judge Paul A. Zoss:
1. An attorney representing a defendant at a guilty plea proceeding will not be permitted to use the time scheduled for the taking of the guilty plea to prepare the defendant for the taking of the guilty plea. The preparations for a guilty plea are to be completed as soon as practicable, but not later than the day before the guilty plea. This requirement applies in all cases, including cases involving interpreters.
2. During guilty plea proceedings, the attorney for the defendant may be asked to state, on the record, the following information:
a. If there is no plea agreement, the total time spent by the attorney consulting with the defendant about the decision to plead guilty and about the plea proceedings.
b. If there is a plea agreement,
(1) the date on which the plea agreement was received from the U.S. Attorney's office;
(2) the date on which the plea agreement was first delivered to the defendant, and if the defendant does not understand the English language, the date on which the plea agreement was first translated to the defendant in the defendant's native language; and
(3) the total time spent by the attorney consulting with the defendant about the decision to plead guilty and about the plea agreement.
3. The failure to comply with this order may result in the imposition of sanctions, which may include the costs of any court reporter or interpreter for a plea hearing that is cancelled or continued as result of such failure, and an order prohibiting the attorney from billing the time associated with the plea hearing.