Municipal Clerk Manual – Courts with JIS - Chapter 6 - General/Miscellaneous: Withdrawal of Guilty Plea

Clerk Handbooks

Municipal Clerk Manual – Courts with JIS

		Section/Rule:	6.3
Subject:	Chapter 6 - General/Miscellaneous	Publication / Adopted Date:	November 2009
Topic:	Withdrawal of Guilty Plea	Revised / Effective Date:	April 2018

Municipal Clerk Handbook
Courts with JIS
Chapter Six – General/Miscellaneous

6.3 – Withdrawal of Guilty Plea

References
Statutes: N/A
Supreme Court Rules:24.02(d), 29.07(d),37.67, 38.08, and 43.02(b)
Court Operating Rules: N/A
Publication Date: November 1992
Revised: April 2018

Introduction (SCR 24.02(d), 29.07(d), 37.67, and 38.08)

A defendant may enter a plea of guilty and later request to withdraw that plea. Any party seeking to set aside a guilty plea must file a motion with the clerk of the court or local violations bureau. A motion to withdraw a plea of guilty may be filed only before sentence is imposed or when imposition of sentence is suspended. After sentence, the court may set aside a judgment of conviction and permit a withdrawal of a plea only if it is necessary “to correct manifest injustice.” Before imposition of sentence, the court has wide discretion whether to permit the defendant to withdraw a plea. An order denying a motion to withdraw a guilty plea is appealable.

Clerk’s Duties/Procedures

REMINDER: For courts using the Document Management System (DMS), while on the appropriate docket code, access the Document Management Window to attach the document(s). (See Document Management System (DMS): Procedures: DMS Link to Scan from Work Station or Procedures: Scan and Then Link to the DMS in GOLD.)

Courts Accepting Paper Filings

Motion to Withdraw Guilty Plea

1. Date file stamp (See SCR 43.02(b)) the defendant’s motion to withdraw guilty plea.

2. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

2.1 Use one of the following docket codes:

MWGP – Motion to Withdraw Guilty Plea

MSEAS – Motion to Set Aside

Note:

The Motion to Withdraw Guilty Plea should be entered if the motion was filed before sentencing. The Motion to Set Aside should be entered if the motion was filed after sentencing. Enter the docket code that corresponds with the specific motion filed by the attorney/defendant.

2.2 Associate the filing party to the motion.

3. CSAEVNT – Custom Event Scheduling (See Procedures: Scheduling an Event in GOLD)

3.1 Enter the event code: SCMT – Motion Hearing

3.2 Enter into event text any relevant details regarding the hearing.

3.3 Forward the motion to the judge.

Document the Ruling

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

1.1 If the motion is denied, use the following docket code:

MDENY – Motion Denied

1.2 Enter into docket text any relevant details pertaining to the ruling.

1.3 Associate the ruling docket code to its motion docket code.

(See

Procedures: Docket Association

in GOLD)

1.4 Notify the defendant that the motion was denied.

Note:

If the parties are not in the courtroom, generate a Notice of Entry in OSCA Reports and send to the appropriate parties.

(See

Procedures: Notice of Entry

in GOLD)

1.5 Place the motion in the case file.

1.6 File with other disposed cases.

2. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

2.1 If the motion is granted, use one of the following docket codes:

OWGP – Order to Withdraw Guilty Plea

OSEAS – Order to Set Aside

2.2 Associate the ruling docket code to its motion docket code.

(See

Procedures: Docket Association

in GOLD)

2.3 Notify the defendant that the guilty plea is withdrawn.

Note:

If the parties are not in the courtroom, generate a Notice of Entry in OSCA Reports and send to the appropriate parties.

(See

Procedures: Notice of Entry

in GOLD)

2.4 If the guilty plea is withdrawn prior to sentencing, proceed to

step 5

. If the guilty plea is withdrawn after sentencing, continue at step 3.

3. CMADISP – Custom Related Disposition (See Procedures: Associating a Sentence to a Charge in GOLD)

3.1 Proceed to the Sentence tab:

Change the sentence length to zero.

3.2 Complete step 4 if there is a probation record associated to the sentence. If there is no probation record, proceed to

step 5

4. CZAPROG – Custom Programs/Services (See Procedures: Entering the Outcome or Updating a Program in GOLD)

4.1 Enter the outcome code of WGP – Withdraw Guilty Plea.

4.2 Enter the filing date of the order in the End Date field.

5. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

5.1 Add the FOCN – OCN Filed docket code, if applicable and enter in docket text the assigned Offense Cycle Number (OCN).

6. CDACASU – Custom Case Information Update (See Procedures: Updating Case Information Using CDACASU and Subsequent Case Filings in GOLD)

6.1 Adjust case security to level 3.

Note:

Security is raised to a level 3 to prevent the case from displaying on Case.net twice; however, the case file is not closed and may be viewed if requested.

6.2 If the withdrawal of guilty plea is prior to sentencing, select COASITE in the Navigation Pane. If the withdrawal is after sentencing, continue at step 6.3.

Delete the OCN from the case.

6.3 Create the subsequent case.

Note:

The subsequent case is the case created after the guilty plea is withdrawn.

Note:

The subsequent case is an open case to the public and the security level for the subsequent case should be set to level 2

6.4 Enter the case filing date as the date the withdrawal of guilty plea was ordered.

6.5 Enter the appropriate information in Site Defined Fields (COASITE).

Add the OCN.

Note:

If the OCN is required and not entered, the OCN must be entered in COASITE to avoid errors from displaying on the Electronic Reporting Problem Log (CWACHPL).

7. CDACCOP – Custom Case Copy (See Procedures: Copying Case Information & Charge(s) in GOLD)

7.1 Copy over the parties from the originating/master case to the subsequent case. Associate the Defendant and the Attorney for Defendant.

7.2 Copy all charges to the current case from the originating/master case. (The originating/master case is the case upon which the guilty plea was withdrawn.)

7.3 Change the charge filing date to the filing date of the current case.

Note:

Do not copy over any docket codes from the originating/master case to the subsequent case.

7.4

Complete step 8 if all charges

are not included

in the withdrawal of guilty plea. If all charges

are included

in the withdrawal of guilty plea, proceed to step 9.

8. CMADISP – Custom Related Disposition (See Procedures: Disposing Charges in GOLD)

Note:

Complete Step 8.1 only if there are charges that

are not included

in the withdrawal of guilty plea.

8.1 Enter the charge disposition(s) from the originating/master case onto the current case charge(s).

(See

Section 3.1, Case Disposition Procedures

in the Municipal Clerk Handbook.)

9. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

9.1 Enter the following docket code for the subsequent case:

AWGP – Guilty Plea Withdrawn

10. CSAEVNT – Custom Event Scheduling (See Procedures: Scheduling an Event in GOLD)

10.1 Enter the Event Code SCHR – Hearing Scheduled

11. CBARCPT – Custom Receipt Void/Query/Reprint (See Procedures: Voiding a Receipt in GOLD)

11.1 Void any receipt(s) taken on the originating/master case, to satisfy the fine and court costs.

Note:

If the original receipt was applied to a fee with a recipient (an automatic payable was created when the receipt was entered in JIS) the system will not allow the receipt to be voided. Contact the OSCA Help Desk at 888-541-4894 and request a CPA for assistance.

12. CZASPAY – Custom Payment Entry (See Procedures: Receipting a Payment Using the Automatic Tab, OR Receipting a Payment on a Payment Plan in GOLD)

12.1 Enter a receipt on the originating/master case using the pay type code 8522 – ADJUST Withdrawal of Guilty Plea, for the total amount of the fine and costs. Do not leave unpaid costs on the originating/master case.

13. CZASPAY – Custom Payment Entry (See Procedures: Receipting an Overpayment into an Open Items Account in GOLD)

13.1 Using a separate cashier session, re-enter on the

current case

each receipt voided from the originating/master case. Since at this time the current case has not been disposed, the amount(s) receipted will be placed in open items.

Note:

The separate cashier session should be approved as separate from the court’s other daily cashier sessions, since the amount receipted was previously deposited into the bank account.

14. CCABREF – Custom Bond Refund Maintenance (See Procedures: Transferring a Bond in GOLD)

14.1 Transfer to the current case any bond being held on the originating/master case, if applicable.

Note:

Transferring the bond to the current case is optional. The procedures should be handled consistently by the court for all cases.

15. Proceed with appropriate case processing for disposition of the charge included in the order to withdraw guilty plea. (See Section 3.1, Case Disposition Procedures in the Municipal Clerk Handbook.)

Note: The following steps are completed after the case has been disposed.

16. CBAACCD – Custom Case/Party Account Detail (See Procedures: Adding Costs in GOLD)

16.1 Assess any additional costs as directed by local court rule.

(See

Sections 4.1, Municipal Court Costs

; 4.2, Specific Municipal Court Costs; and 4.7, JIS Municipal Division Costs

in the Municipal Clerk Handbook.)

17. CZASPAY – Custom Payment Entry (See Procedures: Applying Open Items Balance to Costs in GOLD)

17.1 Apply funds in open items and receipt any additional payments received.

Note:

If the current case was dismissed, all funds collected on the current case should be refunded to the defendant.

(See

Procedures: Refunding Open Items/Overpayments

in GOLD)

18. CCABREF – Custom Bond Refund Maintenance (See Procedures: Applying and/or Refunding a Monetary Bond in GOLD)

18.1 Apply bond money held to any outstanding costs and fine. Refund the balance, if applicable.

19. CBAACCD – Custom Case/Party Account Detail (See Procedures: Creating a Quick Payment Plan in GOLD)

19.1 If the total amount due is not being paid immediately, create a payment plan for the amount due on the current case.

Courts Accepting eFiled Documents

Note: Multiple submissions for a single case may be pending in the case import queue. If there are multiple subsequent (non-initiating) submissions to be processed for a single case, the message will read, “There are multiple records associated to this filing. Do you want to see all related records?” Respond either by choosing “Yes,” to display all filings or “No” to process only this filing.

1. CWICTCQ – Case Import (See Electronic Case Import: Case Import Queue (CWICTCQ) Procedures in GOLD)

1.1 Query the import queue for the request.

1.2 Enter the appropriate 2-character JIS location code.

1.3 Enter Filing Type Code: EF Existing Case.

1.4 Highlight the record and click on view documents in the navigation pane.

Note:

If you are not already logged into Case.net, you will be prompted to log on using your network username and password.

1.5 The File Viewer will open. Review all the documents and attachments for correct information before proceeding.

1.5.1 Verify the document was submitted on the correct case.

1.5.2 Verify the document is properly signed.

1.6 If there is a problem with the document, follow local court practice to contact the filer or place on hold for supervisor review.

2. If the document meets your local court standards, access CWACTRI by double clicking on the selected record or by clicking on Details in the navigation pane of CWICTCQ.

3. CWACTRI – Case Import (See Electronic Case Import: Case Import (CWACTRI) – Procedures: Accepting an eFiled Case in GOLD)

Note:

A Save must be performed following each step below:

3.1 Verify and accept the following docket code(s) as appropriate:

MWGP – Motion to Withdraw Guilty Plea

MSEAS – Motion to Set Aside

Note:

3.2 Associate the filing party to the docket code, if needed.

3.3 Review, modify or add other docket codes or docket text as necessary.

3.4 Accept Dockets.

4. CWACTDE – Complete Submission (See Procedures: Electronic Case Import: Case Import Event in GOLD)

4.1 Schedule the case using the following:

SCMT – Motion Hearing

4.2 Enter into event text any relevant details regarding the hearing.

4.3 Select “Accept Submission” in the navigation pane.

4.4 Add note to filer if appropriate.

Document the Ruling

1. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

1.1 If the motion is denied, use the following docket code:

MDENY – Motion Denied

1.2 Enter into docket text any relevant details pertaining to the ruling.

1.3 Associate the ruling docket code to its motion docket code.

(See

Procedures: Docket Association

in GOLD)

1.4 Notify the defendant that the motion was denied.

2. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

2.1 If the motion is granted, use one of the following docket codes:

OWGP – Order to Withdraw Guilty Plea

OSEAS – Order to Set Aside

2.2 Associate the ruling docket code to its motion docket code.

(See

Procedures: Docket Association

in GOLD)

2.3 Notify the defendant that the guilty plea is withdrawn.

2.4 If the guilty plea is withdrawn prior to sentencing, proceed to

step 5

. If the guilty plea is withdrawn after sentencing, continue at step 3.

3. CMADISP – Custom Related Disposition (See Procedures: Associating a Sentence to a Charge in GOLD)

3.1 Proceed to the Sentence tab:

Change the sentence length to zero.

3.2 Complete step 4 if there is a probation record associated to the sentence. If there is no probation record, proceed to

step 5

4. CZAPROG – Custom Programs/Services (See Procedures: Entering the Outcome or Updating a Program in GOLD)

4.1 Enter the outcome code of WGP – Withdraw Guilty Plea.

4.2 Enter the filing date of the order in the End Date field.

5. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

5.1 Add the FOCN – OCN Filed docket code, if applicable and enter in docket text the assigned Offense Cycle Number (OCN).

6. CDACASU – Custom Case Information Update (See Procedures: Updating Case Information Using CDACASU and Subsequent Case Filings in GOLD)

6.1 Adjust case security to level 3.

Note:

Security is raised to a level 3 to prevent the case from displaying on Case.Net twice; however, the case file is not closed and may be viewed if requested.

6.2 If the withdrawal of guilty plea is prior to sentencing, select COASITE in the Navigation Pane. If the withdrawal is after sentencing, continue at step 6.3.

Delete the OCN from the case.

6.3 Create the subsequent case.

Note:

The subsequent case is the case created after the guilty plea is withdrawn.

Note:

The subsequent case is an open case to the public and the security level for the subsequent case should be set to level 2

6.4 Enter the case filing date as the date the withdrawal of guilty plea was ordered.

6.5 Enter the appropriate information in Site Defined Fields (COASITE).

Add the OCN.

Note:

If the OCN is required and not entered, the OCN must be entered in COASITE to avoid errors from displaying on the Electronic Reporting Problem Log (CWACHPL).

7. CDACCOP – Custom Case Copy (See Procedures: Copying Case Information & Charge(s) in GOLD)

7.1 Copy over the parties from the originating/master case to the subsequent case. Associate the Defendant and the Attorney for Defendant.

7.2 Copy all charges to the current case from the originating/master case. (The originating/master case is the case upon which the guilty plea was withdrawn.)

7.3 Change the charge filing date to the filing date of the current case.

Note:

Do not copy over any docket codes from the originating/master case to the subsequent case.

7.4

Complete step 8 if all charges

are not included

in the withdrawal of guilty plea. If all charges

are included

in the withdrawal of guilty plea, proceed to step 9.

8. CMADISP – Custom Related Disposition (See Procedures: Disposing Charges in GOLD)

Note:

Complete Step 8.1 only if there are charges that

are not included

in the withdrawal of guilty plea.

8.1 Enter the charge disposition(s) from the originating/master case onto the current case charge(s).

(See

Section 3.1, Case Disposition Procedures

in the Municipal Clerk Handbook.)

9. CDADOCT – Custom Docket Association Entry (See Procedures: Docket Entry in GOLD)

9.1 Use the following docket code for the subsequent case:

AWGP – Guilty Plea Withdrawn

10. CSAEVNT – Custom Event Scheduling (See Procedures: Scheduling an Event in GOLD)

10.1 Enter the Event Code SCHR – Hearing Scheduled

11. CBARCPT – Custom Receipt Void/Query/Reprint (See Procedures: Voiding a Receipt in GOLD)

11.1 Void any receipt(s) taken on the originating/master case, to satisfy the fine and court costs.

Note:

12. CZASPAY – Custom Payment Entry (See Procedures: Receipting a Payment Using the Automatic Tab, OR Receipting a Payment on a Payment Plan in GOLD)

13. CZASPAY – Custom Payment Entry (See Procedures: Receipting an Overpayment into an Open Items Account in GOLD)

13.1 Using a separate cashier session, re-enter on the

current case

each receipt voided from the originating/master case. Since at this time the current case has not been disposed, the amount(s) receipted will be placed in open items.

Note:

The separate cashier session should be approved as separate from the court’s other daily cashier sessions, since the amount receipted was previously deposited into the bank account.

14. CCABREF – Custom Bond Refund Maintenance (See Procedures: Transferring a Bond in GOLD)

14.1 Transfer to the current case any bond being held on the originating/master case, if applicable.

Note:

Transferring the bond to the current case is optional. The procedures should be handled consistently by the court for all cases.

16.1 Assess any additional costs as directed by local court rule.

(See

Sections 4.1, Municipal Court Costs

;

4.2, Specific Municipal Court Costs

; and

4.7, JIS Municipal Division Costs

in the Municipal Clerk Handbook.)

17. CZASPAY – Custom Payment Entry (See Procedures: Applying Open Items Balance to Costs in GOLD)

17.1 Apply funds in open items and receipt any additional payments received.

Note:

If the current case was dismissed, all funds collected on the current case should be refunded to the defendant.

(See

Procedures: Refunding Open Items/Overpayments

in GOLD)

18. CCABREF – Custom Bond Refund Maintenance (See Procedures: Applying and/or Refunding a Monetary Bond in GOLD)

18.1 Apply bond money held to any outstanding costs and fine. Refund the balance, if applicable.

19. CBAACCD – Custom Case/Party Account Detail (See Procedures: Creating a Quick Payment Plan in GOLD)

19.1 If the total amount due is not being paid immediately, create a payment plan for the amount due on the current case.

Forms

DOR form 4704, Driver Record Revision Request