Tribe: White Mountain Apache Tribe of the Fort Apache Reservation
RULE 3.16 PRETRIAL CONFERENCE
A. At the pretrial conference, the parties may ask the court to set the case for trial, present a plea
agreement or deferral agreement to the court, move for dismissal of the case with or without prejudice, or
make other motions relevant to the case.
B. Plea agreements:
1. The court shall address the defendant personally and determine that he or she understands and
agrees to the terms of the plea agreement, that the written document contains all the terms of the
agreement, and that the plea is entered in conformance with Rule 3.18.
2. After making such determinations, the court shall either accept or reject the tendered negotiated
plea. The court shall not be bound by any provision of the plea agreement regarding the
sentence or the term and conditions of probation to be imposed, if, after accepting the
agreement and reviewing a pre-sentence report, it rejects the provision as inappropriate.
3. If an agreement or any provision thereof is rejected by the court, it shall give the defendant an
opportunity to withdraw the plea, advising the defendant that if he or she allows the plea to
stand, the disposition of the case may be less favorable than that contemplated by the
agreement. 4. When a plea agreement or any term thereof is accepted, the agreement or such term shall
become part of the record. However, if no agreement is reached, or if the agreement is
revoked, rejected by the court, or withdrawn or if the judgment is later vacated or reversed,
neither the plea discussion nor any resulting agreement, plea or judgment, nor statements made
at a hearing on the plea, shall be admissible against the defendant in any criminal or civil action
or administrative proceeding.
5. If a plea is withdrawn after submission of the pre-sentence report, the judge, upon request of the
defendant, shall disqualify himself or herself.
C. Deferral agreements: The parties may agree to deferral of prosecution upon certain conditions as
described in the deferral agreement. If the court accepts the deferral agreement, and if the defendant then
satisfies those conditions, the court shall dismiss the charges with prejudice. If defendant does not satisfy
those conditions and/or commits a new offense during the deferral period, the court shall set a hearing to
review the agreement and shall in its discretion either set new conditions or reinstate the original charges
for further prosecution.
D. Referral to WMAT Wellness Court: The parties may agree to refer the defendant to the White
Mountain Apache Wellness Court for an intensive rehabilitation program, as part of a Plea Agreement. If
the defendant is accepted for participation in the Wellness Court program, the Court shall defer sentencing
until such time as the defendant is no longer participating in the Wellness Court program. If the defendant
presents proof that he or she has successfully completed the Wellness Court program, the Court shall vacate
the defendant’s conviction set forth in the Plea Agreement and shall dismiss all charges with prejudice.
Any defendant who leaves the Wellness Court program without completing its requirements shall be
sentenced in accordance with the Plea Agreement.