Court Rules Continued... Pg. 3

II CASE MANAGEMENT IN CRIMINAL CASES

1. PURPOSE: The purpose of this rule is to establish, pursuant to M.C. Sup. R 18, a system for criminal case management that will provide for the fair and impartial administration of criminal cases. These rules shall be construed and applied to eliminate unnecessary delay and expense for all parties involved in the County Municipal Court system.

2. JUDICIAL STEPS: All criminal cases shall be managed in the following judicial steps.

            A. Arraignment: All criminal and traffic arraignments shall be held at 9:00 a.m. each Thursday morning except holidays unless otherwise ordered by the Court.

            B. Pre-trials: There shall be no pre-trial conferences set by the assignment clerk in any criminal case unless the defendant is represented by an attorney and personally or through his or her attorney files a written time waiver as to the time within which said case must be tried under Section 2945.72 of Ohio Revised Code.

            C. Plea Agreements: Negotiated pleas, where a charge is reduced or dismissed, will be accepted by the Court only where the prosecuting attorney or Village Solicitor provides to the Court in writing or on the record a statement that the complaining party or the arresting officer was consulted concerning the proposed plea agreement and he or she approved the proposed plea agreement or that his or her approval was unreasonably withheld together with the Prosecutor’s or Solicitor’s reasons why the withheld approval was unreasonable. The arresting officer or the complaining party may also personally appear at the time of disposition and state his or her approval or disapproval along with any reasons therefore before the Court accepts or rejects the proposed agreement.

            D. Supplemental Appearance:

(1) Personal Appearance: All cases resolved at pre-trial shall proceed immediately to supplemental arraignment if the court is available for such purpose. Otherwise, all cases resolved at pre-trial shall be scheduled for supplemental arraignment within 15 days.

(2) Written Appearance:

(a) For purposes of Traffic Rule 12, the following shall be considered “exceptional circumstances” in all traffic cases in the Morrow County Municipal Court where the defendant has previously appeared personally or through counsel:

i.  The defendant is not a resident of Morrow County, Ohio.

ii. The defendant is a resident of Morrow County, Ohio, but defendant’s personal appearance in court would cause the defendant to lose one half (1/2) day or more of gainful employment.

(b) If defendant meets either of these “exceptional circumstances”, defendant may submit, through his or her attorney of record, a written motion pursuant to Traffic Rule 12 and an agreed judgment entry evidencing defendant’s plea of guilty or no contest to the original charge or to an amended charge. The judgment entry shall contain the agreed disposition of the case, a waiver of personal appearance and consent that judgment and sentencing may be pronounced against the defendant in his or her absence. The agreed judgment entry must be approved by the defendant, the defendant’s counsel, and the assistant prosecuting attorney.

(c) Before the Court will accept the agreed judgment entry it must be accompanied by the following:

i. An attorney’s trust check, money order, certified check or bank check covering the total amount of the unsuspended portion of any fine and the court costs.

ii. Defendant’s driver’s license, if the defendant’s driver’s license will be suspended and is not presently held by the Court.

iii. Proof that defendant’s operation of the vehicle was covered by insurance or other proof of financial responsibility as required by Ohio Revised Code Section 4509.101(A) and 4509.45.

            E. Motions:

(1) Pursuant to Rule 47 of the Ohio Rules of Criminal Procedure, all Motions to Suppress Evidence or Motions in Limine in O.M.V.I. cases will be determined without oral hearing upon brief written statements of the reasons in support of and in opposition to the motion. Motions not in conformity with Criminal Rule 47 will not be entertained by the office. For such a motion to be in conformity, it must contain the following:

(a) The specific grounds upon which motion is based

(b) An affidavit of such facts which, if uncontroverted, would be sufficient to establish a prima facie case for the submitting party

(c) Citations to authority in support of the position of the submitting party. Ohio authority is to be cited in all instances where it exists and only thereafter will non-Ohio authorities be cited.

(2) All other motions shall be made in writing and accompanied by a written memorandum containing the arguments of counsel. Motions must be filed within the time limits established by the Ohio Rules of Criminal Procedure. Such motions shall be set for oral hearing.

            F. Trials: Each case not resolved at pretrial shall be set for trial to the Court. All court trials shall be held on Monday from 9:00 a.m. to 12:00 noon and on Thursday from 1:00 p.m. to 4:00 p.m. unless otherwise ordered by the Court. If a jury demand is timely filed, the case will be moved to the jury trial schedule. Any party filing a demand for trial by jury shall notify the Court by 3:30 p.m. on the last business day preceding his or her trial of any withdrawal of demand for jury or change of plea, otherwise jury costs will be assessed to his or her case.

            G. Pre-Jury Trial Pre-trial: All criminal and traffic cases set for jury trial and not resolved at pre-trial shall be assigned for a pre-jury trial pre-trial to be held at 10:00 a.m. on the last business day preceding the day set for jury trial.

            H. Sentencing: Sentencing shall take place after a plea of guilty or no contest, a finding of guilty by the Court or verdict of guilty by the jury or within 10 days after a pre-sentence report is received by the Court.

<< 1 2 3 4 5 >>