‘10¶
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA, CRIMINAL DIVISION ‘Al¶
STATE OF FLORIDA,¶
JEFFREY EPSTEIN,¶
Defendant.¶
v_ ,¶
nco ?…c c^” :4) 57- 7-A! . • I 2•••¶
Case Nos.2006-CF9454 AXX¶
2008-9381CF AXX¶
NONPARTY MOTION TO VACATE ORDER SEALING RECORDS AND UNSEAL RECORDS¶
, a nonparty, moves pursuant to the Rules of Judicial Administration Rule 2.420(d)(5) to vacate the order sealing records an o documents in these files on the following grounds:¶
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is a victim of sexual abuse efendant who was convicted of procuring a person under 18 for prostitution a ony solicitation of prostitution. See attached judgments of conviction (Exhibit A presently has a pending civil action in this court against defendant for damages. Case number 502008CA028058XXXXMB AB.
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On une 30 2008 and August 25, 2008, this Court sealed two documents, a non-pm agreement and an addendum to non-prosecution agreement. See p es of envelopes containing the sealed documents and also an Agreed Order Sealing ‘Document In Court File entered July 2, 2008 (Exhibit “B”.)
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The sealing of these documents was done without written motion required by Rule 2.420(d)(1) or notice to the public, the media, the record newspaper and the victims of defendant required by Rule 2.420(d)(2). The Agreed Order does not set forth the
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grounds set forth in Rule 2.420(d)(3). The clerk of court did not post a copy of the notice of the order as required by Rule 2.420(d)(4).¶
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The sealing of these documents was also done contrary to the Administrative Orders of this Court, AO 2.104, 2.032, 2.303 and 11.046.
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The request to seal the first document was made orally at the plea hearing on June 30, 2008. A copy of the relevant portion of the transcript is attached (se lik es 38- 40) (Exhibit “C”.)
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It is against public policy for these documents to have and hidden from public scrutiny. As a member of the public, .1 has a right to have these documents unsealed. Furthermore, these documents are relevant and material to civil action against defendant. As stated in theell j lSloquy, they were an inducement for defendant to enter into his guilty pl ey are proper objects of discovery. However, unless they are unsealed le to obtain them or utilize them in her case.
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Pursuant to Rule 2.420(d)(5), the Court must hold a hearing on this motion in open court.
WHEREFORE movant requests the Court vacate the order sealing records and unseal th ents.¶
CERTIFICATE OF SERVICE¶
REBY CERTIFY that a true and correct copy of the foregoing has been served d Facsmilc this IL day of May, 2009 to: Jack Alan Goldberger, Esq., Atterbury Goldberger et al., 250 Australian Ave. South, Suite 1400, West Palm Beach, FL 33401.¶
ROTHSTEIN ROSENFELDT ADLER¶
Attorneys for Plaintiff¶
401 East Las Olas Blvd., Suite 1650¶
Fort Lauderdale, Florida 33394¶
Telephone (954) 522-3456¶
Telecopier (954) 527-8663¶
By Florida Bar No. 542075 bedwards(irra-Iaw.com William J. Berger AR. -la N ) s)c¶
Florida Bar No. 1¶
05400¶
IN THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA. IN AND FOR PALM BEACH COUNTY¶
CASE NO. 06-CF-9454-ATAB W¶
OBTS NUMBER 2006 CF 9454AXY¶
CFN 20080267522 OR BK 22760 PG 1081 RECORDED 07/17/2008 08:52:50 Palm Beach County, Florida Sharon R. Bock, CLERK & COMPTROLLER Pg 1081; (1pg)¶
STATE OF FLORIDA [ ] COMMUNITY CONTROL VIOLATOR¶
Jeffrey E. Epstein [ ] PROBATION VIOLATOR¶
DEFENDANT 1/20/53 W M DATE OF BIRTH RACE GENDER SOCIAL SECURITY NUMBER¶
JUDGMENT¶
The above Defendant, being personally before this Court represented by J. Goldberger (attorney)¶
| [ ] being tried and found guilty of the following crime(s): | Having entered a plea of guilty to the following crime(s): | [ ] Having entered a plea of nolo contendere to the following crime(s): |
|---|---|---|
| ------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------ | ------------------------------------------------------------------------- |
| COUNT | CRIME | OFFENSE STATUTE NUMBER(S) | DEGREE |
|---|---|---|---|
| 1 | Felony Solicitation of Probation | 796.07(2)(4) | 30F |
and no cause having been shown why the Defendant should not be adjudicated guilty. IT IS ORDERED THAT the Defendant is hereby ADJUDICATED GUILTY of the above crime(s).¶
[ ] and having been convicted or found guilty of, or having entered a plea of nolo contendere or guilty regardless of adjudication, to attempts or offenses relating to sexual battery (ch. 794), lewd and lascivious conduct (ch. 800), or murder (s. 782.04), aggravated battery (s. 784.045), burglary (s. 810.02), carjacking (s. 812.133), or home invasion robbery (s. 812.135), or any other offense specified in section 943.325, the defendant shall be required to submit blood specimens.¶
[ ] and good cause being shown. IT IS ORDERED THAT ADJUDICATION OF GUILT BE WITHHELD.¶
SENTENCE STAYED [ ] The Court hereby stays and withholds imposition of sentence as to count(s) and places the Defendant on [ ] Probation and/or [ ] Community Control under the supervision of the Dept. of Corrections / conditions of probation set forth in separate orders.¶
SENTENCE DEFERRED [ ] The Court hereby defers imposition of sentence until _____¶
The Defendant in Open Court was advised of his right to appeal from the Judgment by filing notice of appeal with the Clerk of Court within thirty days following the date sentence is imposed or probation is ordered pursuant to this adjudication. The defendant was also advised of his right to the assistance of counsel in taking said appeal at the expense of the State upon showing of indigency.¶
Detch Wall Print CIRCUIT COURT BUDGE¶
30 June 08 2018 5/-11¶
IN THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA. IN AND FOR PALM BEACH COUNTY¶
CASE NO. 08 CF-9381-AMB DIV. W¶
OBTS NUMBER 2008CF9381AXY¶
CFN 20080267252 OR BK 22760 PG 0565 RECORDED 07/17/2008 08:06:42 Palm Beach County, Florida Sharon R. Bock, CLERK & COMPTROLLER Pg 0565; (1pg)¶
STATE OF FLORIDA [ ] COMMUNITY CONTROL VIOLATOR¶
Jeffrey E. Epstein [ ] PROBATION VIOLATOR DEFENDANT¶
1/20/53 [ ] [ ] [ ] [ ] DATE OF BIRTH RACE GENDER SOCIAL SECURITY NUMBER¶
JUDGMENT¶
The above Defendant, being personally before this Court represented by J. Goldberger (attorney)¶
| [ ] Having been tried and found guilty of the following crime(s): | [ ] Having entered a plea of guilty to the following crime(s): | [ ] Having entered a plea of nolo contendere to the following crime(s): |
|---|---|---|
| ------------------------------------------------------------------- | ---------------------------------------------------------------- | ------------------------------------------------------------------------- |
| COUNT | CRIME | OFFENSE STATUTE NUMBER(S) | DEGREE |
|---|---|---|---|
| 1 | Procuring Person Under 18 for Prostitution | 796.03 | 20F |
[ ] and no cause having been shown why the Defendant should not be adjudicated guilty. IT IS ORDERED THAT the Defendant is hereby ADJUDICATED GUILTY of the above crime(s).¶
[ ] and having been convicted or found guilty of, or having entered a plea of nolo contendere or guilty, regardless of adjudication, to attempts or offenses relating to sexual battery (ch. 794), lewd and lascivious conduct (ch. 800), or murder (s. 782.04), aggravated battery (s. 784.045), burglary (s. 810.02), udracking (s. 812.133), or home invasion robbery (s. 812.135), or any other offense specified in section 943.325, the defendant shall be required to submit blood specimens.¶
[ ] and good cause being shown: IT IS ORDERED THAT ADJUDICATION OF GUILT BE WITHHELD J. J.¶
SENTENCE STAYED [ ] The Court hereby stays and withholds imposition of sentence as to counts and places the Defendant on [ ] Probation and/or [ ] Community Control under the supervision of the Dept. of Corrections (conditions of probation set forth in separate order).¶
SENTENCE DEFERRED [ ] The Court hereby defers imposition of sentence until _____¶
The Defendant in Open Court was advised of his right to appeal from the Judgment by filing notice of appeal with the Clerk of Court within thirty days following the date sentence is imposed or probation is ordered pursuant to this adjudication. The defendant was also advised of his right to the assistance of counsel in taking said appeal at the expense of the State upon showing of indigency.¶
DONE AND ORDERED in Open Court at Palm Beach County, Florida, this 30 day of June, 2008.¶
Nehrl Dole Pruclett CIRCUIT COURT JUDGE¶
J-A¶
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY¶
CASE NO. 2006 CF 009454AX¶
DIVISION W¶
Seffrey Epstein¶
ON July 2, 2008¶
Psychiatric (Medical, etc.) Report dated _____¶
Presentence Investigation Report dated _____¶
Other Non-Prosecution Agreement¶
SEALED IN COURT FILE, NOT TO BE OPENED WITHOUT ORDER OF COURT¶
Bureau No. 5208 EXHIBIT B¶
AR JUL 03 2008¶
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY¶
CASE NO. 06CF 00 9454 AXV¶
DIVISION W¶
Jettrey Epstein¶
ON 8/25/08¶
Psychiatric (Medical, etc.) Report dated _____¶
Presentence Investigation Report dated _____ SCANNED from _____ AUG 30 2008¶
Other Addendum to the non-prosecution Agreement¶
SEALED IN COURT FILE, NOT TO BE OPENED WITHOUT ORDER OF COURT¶
FILED 200 NOV 25 AM 10:59 SEARCHED BOOK CLERK SERIALIZED BOOK CLERK INDEXED BOOK CLERK¶
be sealed by the Clerk in the court file. c ORDERED AND ADJUDGED that th led by the Defendant on July 2, {sup}2008¶
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT. IN AND FOR PALM BEACH COUNTY. FLORIDA¶
JEFFREY EPSTEIN.¶
Defendant.¶
CASE NO.: 2006CF009454AXX DIVISON: “V”¶
NG REIT% ORDER SEALING DOCUMENT IN COURT FIL¶
THIS MATTER came before the Honorable Judge Debotele Pucillo on June 30, {sup}2008during {sup}aplea conference in the above-referenced cber. The Court being fully apprised in the circumstances, it is hereby:¶
DONE AND ORDERED in chambers, West Palm Beach. Palm Beach County, Florida this a? day of July, 2008.¶
Ana gleta (SI Circuit Court Judge ‘DEBORAH DALE PUCILLO
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Copies tons¶
Jack A. Goldberger. Esq. Counsel for the Defendant {sup}250Australian Avenue South. Ste. 1400 West Palm Beach. Florida 33401¶
Lanna Belohlavek. Esq. Assistant State Attorney (interoffice)¶
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION¶
STATE OF FLORIDA vs JEFFREY EPSTEIN Defendant. )¶
9¶
11 PRESIDING: / {sup}INC43 HONORABLE DEBORAH DALE PUCILL5:”*..I¶
12 APPEARANCES:¶
CASE NO. 06 CF9454AMB 08 9381CFAMB¶
41 4 14,7 911 . (-1 • - r—O 0 • r::
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C¶
PLEA CONFEREN¶
ON BEHALF OF THE STATE: BARRY E. KRISCHER, ESQUIRE State Attorney {sup}401North Dixie Highway West Palm Beach, Florida {sup}33401 By: LANNA BELOHLAVEK, ESQUIRE Assistant State Attorney¶
ON illaIALF OF THE DEFENDANT: ATTERBURY, GOLDBERGER & WEISS,P.A. {sup}250Australian Avenue South Suite 1400 West Palm Beach, Florida {sup}33401 By: JACK GOLDBERGER, ESQUIRE¶
June 30, 2008 Palm Beach County Courthouse West Palm Beach, Florida 33401 Beginning at 8:40 o’clock, a.m.¶
-77 (.7 tJ¶
ORIGINAL¶
2 THE COURT: It is going to be 3 recorded.¶
4 MR. GOLDBERGER: That’s fine.¶
5 6 THE COURT: Defendant needs to approach as well.¶
7 8 (Whereupon, there was a co migk ence at the bench.) Alt¶
9 10 asked to come sidebar, th is a 11 12 13 result of thi4 Xea agreement. In other 14 15 will n 17 oft:4 16 So 18 a today. That is a confidential {sup}19(<: document that the parties have agreed to. 20 (::) Just in an abundance of caution, I wanted 21 to tell the court. YYY nonprosecution agre with the United States Attorney’ MR. GOLDBERGER: Th as, n why I ce that triggers as a words, the av signed off and said they ecute Mr. Epstein in the istrict of Florida for any upon his successful taking of this¶
22 THE COURT: I understand, that would 23 also be invalidated should he violate his 24 community control?¶
25 MR. GOLDBERGER: Absolutely. That¶
Out. MS. BELOHLAVEK: They spell all that¶
THE COURT: Mr. Epstein needs to come closer.¶
Mr. Epstein, your attorney has told me that in addition to ever g, we talked about another Induceme tS shall we say, to your taking this i that the U.S. Attorney for the Sou •’_-, District of the State of Florid eral prosecutor, has agreed to ariN{sup}t Acko” with you, me i t at if complete p ton and do everything you’re suppos they have, have agreed not to pro you federally, did you understand tha ecution agreement you successfully¶
11 .14ir¶
THE DEFENDANT: Yes,¶
THE COURT: And I would view that as {sup}asignificant inducement in accepting this plea.¶
MS. BELOHLAVEK: They are actually in court here today, also.¶
THE COURT: Okay.¶
MR. GOLDBERGER: And the plea¶
agreement very carefully spelled out if there was abreach that would violate this agreement, so we are well aware of it.¶
THE COURT: Okay. I would request that asealed copy of that — Mr. Epstein has signed that document?¶
seal the copy. MR. GOLDBERGER: Yes, I would, like to¶
THE COURT: I want d copy of that filed in this case ‘Pitt is the only other condition of the agreement that is influencing thi efendant to make this decision?¶
MR. B RGER: Absolutely. I think that’s ght idea.¶
( {sup}sIcteturn to open court.)¶
THE COURT: Mr. Epstein, is there anything else?¶
THE DEFENDANT: No,¶
THE COURT: Because I don’t take these pleas unless they are freely and voluntarily made.¶
THE DEFENDANT: I understand that.¶
THE COURT: I also don’t want somebody or anybody coming back {sup}ayear,¶
4050 IN THE COUNTY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, CRIMINAL DIVISION, IN AND FOR PALM BEACH COUNTY, FLORIDA.¶
CASE NO: ADDOCF 9454AXF¶
Defendant:¶
Social Security No.: [REDACTED]¶
Date of Birth: 11/20/53¶
RECORDER’S SPACE¶
ORDER ASSESSING ADDITIONAL CHARGES, COSTS AND FINES AND ENTERING JUDGMENT (IF INDICATED)¶
The Defendant is hereby ordered to Pay and a judgment is hereby entered on behalf of Palm Beach County, Palm Beach County Administrative Complex, Palm Beach County, Florida 33401 and the State of Florida, Florida Department of Financial Services, Tallahassee, Florida 32399 in the following sums as indicated:¶
IF WAIVED¶
Fines¶
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- $ _____
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- $ _____
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- $ _____
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- $ $0.00
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- $ 3.00
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- $ $0.00
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- $ 2.00
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- $ 200.00
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- $ 65.00
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- $ 3.00
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- $ 40.00
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- $ 150.00
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- $ $0.00
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- $ $0.00
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- $ _____
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- $ _____
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- $ _____
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- $ _____
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- $ $0.00
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- $ $0.00
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- $ _____
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- $ $0.00
Total of fines assessed in sentence. (Crimes Compensation Trust Fund) pursuant to Section 938.04, Florida Statutes (statutorily mandated 5% surcharge/cost on any fine entered in line 1). (Crime Stoppers Trust Fund) $20.00 pursuant to Section 938.06(1), Florida Statutes (statutorily mandated cost to be added if any fine imposed).¶
Mandatory Costs (County Crime Prevention Fund) pursuant to Section 775.083(2), Florida Statutes (statutorily mandated). Strike out if not a negotiated settlement and not imposed by the Court. (Additional Court Cost Clearing Trust Fund) pursuant to section 938.01(1), Florida Statutes (statutorily mandated). (Crimes Compensation Trust Fund) pursuant to Section 938.03(1), Florida Statutes (statutorily mandated). (Criminal Justice Education by Municipalities and Counties) pursuant to Section 938.15, Florida Statutes to be paid to: [ ] Palm Beach County, Florida. (statutorily mandated where locally authorized). [ ] the City/Town/Village of _____, Florida. (Statutorily mandated where locally authorized). (Additional Court Costs) pursuant to Section 938.05(1), Florida Statutes (statutorily mandated). (Additional Court Costs for local requirements and other County funded programs) pursuant to Section 939.185(1)(a), Florida Statutes (statutorily mandated where locally authorized). (Teen Court) pursuant to Section 938.19(2), Florida Statutes (statutorily mandated where locally authorized).¶
Discretionary or Specific Offense/Required Costs (Public Defender Application Fee) pursuant to Sections 27.52(2)(a) and 938.29, Florida Statutes (a $40.00 fee shall be imposed if not previously collected or waived). Strike out if previously paid or represented by private counsel. (Public Defender’s Fees and Costs) pursuant to Section 938.29, Florida Statutes and Fla. R. Crim. P. 3.720(d)(1) and Local Administrative Order. (Minimum fee of $150.00 is statutorily mandated following notice of imposition and right to contest amount, additional amount is discretionary). Strike out if represented by private counsel. (Additional fees and costs of publicly appointed counsel) pursuant to Section 938.29, Florida Statutes and Fla. R. Crim. P. 3.720(d)(1) (notice of imposition and right to contest amount required). (County Alcohol and Other Drug Abuse Trust Fund) pursuant to Sections 938.21 and 938.23, Florida Statutes (may be imposed for any criminal violation of s.316.193, s.856.013, s.856.013, or Chapters 562, 567, 568, or 893, but may not exceed the amount of any fine imposed for the offense). (DUI Court Cost) $135.00 pursuant to Section 938.07, Florida Statutes for any violation of Sections 316.193 or 327.35 (statutorily mandated).¶
(Child Advocacy Center) $101.00 pursuant to Section 938.10, Florida Statutes for any violation of Sections 784.085, 796.03, 800.04, 847.0145, 985.4045, or Chapters 787, 794, or 827, Florida Statutes (statutorily mandated). (Domestic Violence Surcharge) $201.00 pursuant to Section 938.08, Florida Statutes for any violation of Sections 784.011, 784.021, 784.03, 784.041, 784.045, 784.048, 784.07, 784.08, 784.081, 784.082, 784.083, 784.085, 794.011, and any offense of Domestic Violence as described in Section 741.28, Florida Statutes (statutorily mandated). (Rape Crisis Center Trust Fund) $151.00 pursuant to Section 938.085, Florida Statutes for any violation of Sections 784.011, 784.021, 784.03, 784.041, 784.045, 784.048, 784.07, 784.08, 784.081, 784.082, 784.083, 784.085, or 794.011. (Operating Trust Fund of the FDLE) $100.00 pursuant to Section 938.25, Florida Statutes (may be imposed for any criminal violation of s. 893.13 if the court finds defendant has ability to pay and will not be prevented thereby from being rehabilitated or from making restitution). (Prosecution/Investigative Costs) The Court having considered the financial resources of the Defendant, the financial needs and ability of the Defendant, and other factors which this Court has deemed appropriate, a sum pursuant to 938.27, Florida Statutes (may be imposed where agency entitled to costs of prosecution requests and documents specific costs). (State Agency Law Enforcement Radio System Trust Fund) $3.00 pursuant to Sections 318.18 (17), Florida Statutes (statutorily mandated for violations of: fleeing/eluding; leave scene of crash; DUI; reckless driving; making false crash reports; failure/refusal to comply with lawful order; refusal to weigh vehicle; racing on highway; refusal to submit to breath/blood/urine test).¶
Other Charges¶
Other: _____¶
Total: $ $0.00¶
Payment of charges, costs, and fines are:¶
[ ] a condition of probation [ ] to be paid IN FULL TODAY; Defendant to proceed immediately to the Clerk and Comptroller’s Office to pay the full amount due. If payment is not made today, then LET EXECUTION ISSUE and this Judgment shall bear interest at the rate prescribed by law until satisfied. [ ] due immediately; hence, FOR WHICH LET EXECUTION ISSUE. This Judgment shall bear interest at the rate prescribed by law until satisfied. [ ] due within _____ days/months/year and is to be paid through the Clerk and Comptroller’s Office pursuant to a COLLECTIONS AGREEMENT established TODAY. $ _____ will be paid today to the Clerk and Comptroller’s Office as a down payment on the collections agreement. If the Collection Agreement is not established today, then LET EXECUTION ISSUE and this Judgment shall bear interest at the rate prescribed by law until satisfied. [ ] to be paid by the Defendant performing: (circle one) community service or AA/NA meetings, at a rate of $ _____ per hour/meeting, due within _____ days/months/years in lieu of actual payment.¶
FAILURE TO PAY YOUR FINES AND COURT COSTS WILL RESULT IN YOUR DRIVER’S LICENSE BEING SUSPENDED AND/OR A JUDGMENT BEING ENTERED AGAINST YOU AND/OR YOUR DELINQUENT ACCOUNT BEING REFERRED TO A COLLECTION AGENCY AND/OR A WARRANT BEING ISSUED FOR YOUR ARREST.¶
CIRCUIT JUDGE Re: GOLD: State Attorney YELLOW: Probation BLUE: Administrative Office of the Court PINK: Defense Counsel [REDACTED] Defendant Form Circuit (Rev 7/2007)¶