Policy on Scheduling Family Cases When a Party is Incarcerated

From the Chambers of The Honorable Ruth Ann Jakubowski,

Circuit Court for Baltimore County

 

The Circuit Court will not issue a Writ of Habeas Corpus to bring a party in a Family case from the jail to attend a Scheduling Conference, a Status Conference, a Child Access Mediation, a Child Access Evaluation or a Settlement Conference.  If at the time of initial scheduling of the case,  the incarcerated party is not represented by counsel, then the DCM Office shall either contact the attorney for the opposing side by phone and obtain a trial date, or, if the opposing side is unrepresented, simply have the case scheduled for trial on the first available date. If the incarcerated party is represented by an attorney, then a Telephone Scheduling Conference will be scheduled with just the attorneys.

If a party to a Family case is incarcerated at the time of initial scheduling of the case, the case shall only be scheduled for trial.  The case shall not be scheduled for a Child Access Mediation or Evaluation, nor for a Settlement Conference, unless it can be confirmed that the party will be released from jail prior to the time of the Mediation, Evaluation or Settlement Conference.  If a party becomes incarcerated after a Child Access Mediation, Evaluation or Settlement Conference has already been scheduled, the event shall be vacated and the case shall be set for trial.