Rules 7,8

Rule 7. ASSIGNMENT OF CASES-SUP. R. 36

7.01 METHOD

a.		Except as provided in 7.01b, the method employed by the Hamilton County Municipal Court for the individual assignment of cases to judges shall be by lot. A lot is defined as the possibility of each case having the opportunity of having any one of the judges sitting on the Municipal Court bench assigned to that case, unless single judge assignment applies pursuant to 7.02 below. Assignment of all cases shall be pursuant to SUP. R. 36, and Local Rule 9.05.

b.		Notwithstanding these rules to the contrary, “housing related” misdemeanor cases shall be referred to the Housing Docket of the Hamilton County Municipal Court. “Housing related” misdemeanor cases shall be limited to only such misdemeanor offenses which involve potential incarceration or a fine in excess of $100.00 ($150.00 after 1/4/04) and a violation of any building, housing, sanitation, health, fire, zoning, or safety code, ordinance, regulation or statute applicable to buildings, structures, or any other real property subject to any such code, ordinance, regulation or statute and any misdemeanors that accompany such charges.

		The Housing Docket is a pilot program. Rule 7.01b shall be in effect through December 31, 2006, unless otherwise ordered by the Joint Session. The Joint Session hereby selects the Honorable Guy C. Guckenberger to hear cases on the Housing Docket through December 31, 2006. Unless recusal is necessary, the Judge assigned to the Housing Docket shall be responsible for the arraignment and determination of every issue and proceeding involving the cases on such docket.

7.02 ASSIGNMENT TO AN INDIVIDUAL JUDGE / SINGLE JUDGE ASSIGNMENT

a.		Civil cases will be assigned by lot to an individual judge upon the filing of an answer or motion other than a motion for default judgment.

b.		Misdemeanor cases ( traffic and criminal) shall be assigned by lot to a judge when a plea of "not guilty" or "not guilty by reason of insanity" is entered, as provided in d. below.
		Pursuant to Joint Session order of 5/24/01, effective July 1, 2001 Rule 7.02(b) shall read: Defendants charged with misdemeanors who appear and are arraigned by a Magistrate in Room 121 of the Courthouse and Room A in the Hamilton County Justice Center shall be assigned a Judge by lot. Furthermore, by order of reference any such case assigned in Room 121 is hereby referred back to the arraigning Magistrate who may dispose of the case and all matters thereof according to prior order of the Court for disposition of cases heard by a Magistrate. All cases assigned according to this rule are subject to (d) below. Defendants who are charged with Traffic Violations and who appear in Room B of the Justice Center or area Court shall be assigned a Judge by lot when a plea of not guilty or not guilty by reason of insanity is entered subject to (d) below.

c.		Traffic cases shall be assigned by lot to an individual judge when a defendant has pleaded "not guilty" and/or has refused to waive the right to have the case heard by a magistrate, except as provided in d. below.

d.		Wherein a defendant appears in arraignment and has no other charges pending, no link judge or is not on probation and enters a guilty plea or no contest plea, a link shall be created for the arraigning judge until sentencing of the defendant.

		Otherwise, cases involving the same defendant will be joined at arraignment for disposition before the judge of this court first assigned in the following circumstances:

1) Where the defendant appears for arraignment before this court on new misdemeanor violations.

2) Where the defendant appears for arraignment before this court and is already on probation violation status.

3) Where the defendant appears for arraignment before this court and has previously failed to appear to answer to other currently outstanding charges previously assigned.

4) If a defendant gives a false name when arraigned, and on the basis of that name is assigned to a judge under the provision of subsection (d) of this rule, said defendant shall be reassigned to the previously assigned judge.

5) Whenever a judge sentences a defendant to probation, that judge inherits all existing cases for which that defendant is currently on probation. That judge will also be assigned any new cases arraigned prior to termination of the the probation term. This is not intended to discourage probation, but rather to give the sentencing judge full authority over the terms of probation and the ability to control the disposition of all cases pending for that defendant. The intent is to improve case management and court efficiency and effectiveness from assignment to termination of probation. Similarly the defendant is not subjected to conflicting conditions of probation or possibly conflicting sentencing philosophies from multiple judges. Condition orders can be more consistent and better managed by probation officers who routinely supervise a particular judges caseload. (Concurrent with this rule change the court has adopted a new probation officer assignment system such that each judge will work with a limited number of officers who will handle all probation cases assigned to that judge.) Fewer court settings will be needed and likewise, fewer appearances will be required by the defendant and counsel.

6) Any sentence which does not include probation does not carry any link to case assignment. Thus a sentence of FINE ONLY or JAIL ONLY or a combination of JAIL AND FINE results in a termination of the assignment relationship between judge and defendant. A STAY TO PAY is a non- probation sentence.

7) Any judge sitting in particular session may take a no contest or guilty plea on any new case regardless of assignment status on other cases. The imposition of a non-probation sentence will have no effect on other pending or sentenced cases of the same defendant. However, if a sentence including probation is imposed that judge assumes the relationship described above. Other pending cases will not be reassigned but the assigned judge will be aware of the probation relationship of the defendant to that judge and will sentence accordingly. The judge who sentences last always has the option, through his sentence, to retain control through imposition of probation or to defer to a previous sentencing judge by imposing a non-probation sentence. Of course, subsequent convictions can always serve as the basis of a probation violation regardless of the sentence. Probation violations are generally returned to the link judge.
Any judge sitting in particular session may take a guilty or no contest plea to a case previously assigned to another judge of this court only if it appears in the interest of justice and that 1. the acceptance of such will not undermine the individual assignment process and that 2. all parties agree. A judge in particular session who accepts a no contest or guilty plea to a probation violation assigned to another judge shall not continue probation. If it becomes apparent that continued probation may be appropriate, vacate the plea and/or refer to the Assignment Commissioner to be properly assigned.

    Generally, all Post Conviction Matters go to the ownership Judge irrespective of 7.02(d)(7) above.

    Cases assigned to magistrates are not linked and do not create ownership status for the magistrate on any judge Where a probation violation from a magistrate is arraigned it is set before the assigned magistrate unless there is an ownership judge, in which case it is assigned to the ownership judge.

    Where a new case is arraigned and other pending cases exist for the same defendant, then the Assignment Commissioner shall attempt to schedule the new case(s) for the same date. If insufficient time is available to set for trial or if a trial setting is otherwise inappropriate, the case shall be set for pre-trial on the same date. In any event statutory time limitations shall be adhered to.

     When a case has been assigned to an individual judge by lot, that judge shall be responsible for the determination of every issue and proceeding in that case until its termination. Assignment of cases in the Hamilton County Municipal Court shall be by computer and/or at the direction of the Assignment Commissioner unless otherwise ordered by the Administrative Judge.

    When a case is returned from the Court of Appeals for further review or action by the Municipal Court, it shall be assigned for Pretrial REPORT in front of the originally assigned Judge for proper disposition.

    In those instances wherein a case or series of cases are dismissed at the request of the prosecuting attorney, are re-filed by proper authorities, and time requirements per R.C. 2945.71 are computed from the original date of the arrest, the case or cases shall be reassigned to the Judge originally assigned, or for good cause shown that Judge is precluded from hearing that case or series of cases.

7.03 PARTICULAR SESSIONS

The following particular sessions are established:
Criminal Arraignment
*Traffic Arraignment
*Area Court Arraignment
*Judgment Debtors & J.D. Citations
*Replevins & Civil Matters & Civil Matters Referred to Magistrates Pursuant to Civ. R. 53
*Bond Forfeitures
*Unliquidated Damages/Pauper Aff/Sp. Process Servers
*Point Suspensions and Petitions for Out of State Driving Privileges
*Applications for Trusteeship
*Dismissals of Defective Affidavits
*Rent Escrow Hearings
Report of Grand Jury
DUI Arraignment/FRA
*Evictions
*Garnishments & Garnishment Citations
*Small Claims

    All particular sessions shall be heard pursuant to Administrative Order of the Administrative / Presiding Judge of the Hamilton County Municipal Court designating the room location, the days of the week for each, and the time of each. The most current list of particular sessions, shall be available in the Administrative Offices of the Court.

    Particular sessions marked thusly "*" shall be referred for disposition by magistrates subject to all rights and limitations under Civil Rule 53, Traffic Rule 14, Criminal Rule 19, and Sup. R. 36.

   In addition to these particular sessions, each Judge shall be assigned as Duty Judge at least once every 14 weeks for a one week period.

   The Duty Judge shall be responsible for search warrants from 8 AM Monday to 4 PM the following Friday, including holidays. In addition, the Duty Judge shall be responsible for signing civil, criminal, traffic entries, orders of the magistrates and turning point and extended treatment motions, and Capias recalls when the assigned judge is not available because of vacation, illness, or seminar. The Duty Judge is responsible for the day to day problems that arise with the magistrates or due to the unavailability of the judges of the Court.

   The Room A judge shall be responsible for setting bonds from the end of the City room A docket each Friday through the following Friday. In addition, the Room A Judge shall sign search warrants from 4 PM Friday until 8 AM the following Monday.

7.04 DISPOSITION OF COMPANION FELONY AND MISDEMEANOR CASES

    Generally felonies will be set for Grand Jury Report unless the prosecutor requests a preliminary hearing setting. Pleas on misdemeanors may be accepted if not assigned to a judge.

    The judge sitting in the Grand Jury Report Session will have the discretion of referring misdemeanors to the grand jury upon finding of probable cause as related to the felony, or referring misdemeanors to the Assignment Commissioner’s Office for individual judge assignment, trying the misdemeanors on a guilty or no contest plea, or dismissing the misdemeanors.

Addition to Rule 7.04, effective February 15, 1999:

    Except wherein a certain defendant is charged with both felony and misdemeanor cases and upon appearance on grand jury report it is determined that the felony(s) is indicted and misdemeanor charges remain pending, the defense counsel may elect to request a continuance of the remaining misdemeanors to the suspended docket pursuant to local rule on a date certain 40-60 days hence as determined by the defense counsel. The counsel must prepare and file a written request on the standard form to be adopted by the court. The judge or bailiff will stamp the judge’s sheet with an appropriate statement that the request was made so that the AC will easily be able to determine the nature of the request for purposes of counting time in the future. The court will set the bond at OR with the understanding that there exists an appropriate felony bond. The defense counsel may request in writing a continuance to the suspended docket at the beginning of the arraignment docket in the same fashion as a written plea to avoid appearing at 10:30 for grand jury reports.

    It is defense counsel’s responsibility to notify the defendant to appear on the suspended date. When the case appears on the suspended date, the defendant may request another continuance if the felony is still pending, or enter a not guilty plea and request assignment, or dispose of the case by no contest or guilty plea.

7.05 ASSIGNMENT OF MULTIPLE MISDEMEANOR CHARGES

a. [Repealed]

    b. Where one defendant has multiple pending cases with different judges as of 3-16-97, and since the intent of the rule is to have one judge assigned, the Assignment Commissioner shall consolidate multiple pending cases to the judge with the lowest case number as they appear for rescheduling. Either party may appeal the consolidation to the administrative judge who shall resolve the matter as justice dictates. That judge who chooses to place the defendant on probation last will inherit all pending probations, if any, and any future cases filed during the term of probation, if any. (The computer will link the defendant to the judge who placed the defendant on probation last.)

   If there are multiple pending cases and a new case is arraigned, that case will be assigned to the same judge as the pending case with the lowest case number. This establishes a link. That judge becomes the "ownership" judge and will get any newly filed cases for that defendant until all cases are disposed and all probations are terminated.

7.06 TRANSFER OF CASES

Due to illness of a judge or overcrowded dockets, a transfer of cases from one judge to another may occur. In all such transfers the transferring judge shall get credit for disposing of transferred cases unless reassignment by Administrative order is effected.

Pursuant to Joint Session order of 5/24/01, effective July 1, 2001 Rule 7.06 shall read:

Upon determination of the Administrative and Presiding Judge that an emergency exists concerning an individual Judge’s docket, a Magistrate may be appointed by separate order of the Administrative and Presiding Judge to hear said docket. A copy of the entry shall be filed in the case jacket if a recommended sentence is imposed by the assigned Magistrate.

7.07 CAPIAS RECALL PROCEDURE

a.	Case Individually Assigned. If a case has been individually assigned, and the assigned judge issues a capias, the following steps will be taken to recall the capias:
	1.	The issuing judge will sign the entry recalling the capias and setting aside the bond forfeiture.
	2.	The issuing judge shall refer the case back to the appropriate Arraignment depending on the charge.
	3.	Upon reappearing in the appropriate Arraignment as a result of the capias recall, the case will be assigned through the Assignment Commissioner’s Office to the original judge.
b.	Cases Not Individually Assigned. If the capias is issued in particular session, the judge authorizing the capias recall will set the new arraignment date.
c.	Judges sitting in arraignment may accept a plea of no contest or guilty on a minor misdemeanor from a defendant whose case has been individually assigned. Otherwise the defendant will be referred to the Assignment Commissioner’s Office for setting in front of the judge to whom he was originally assigned, even if said defendant desires to change his plea.
d.	In all cases judges should review the original judge’s entry.
e.	Generally, all previously assigned cases where a capias was issued, shall be assigned to the judge who issued the capias. This is required by the Rules of Superintendence. However, if there is a pending case or a link has otherwise been established and is current, the case shall be assigned to the current ownership judge regardless of the order of the case number.


	1)	A Capias Recall linked to a Judge shall be scheduled for Pretrial, Plea or Probation Violation unless otherwise ordered by the Court.
	2)	A Capias Recall shall be scheduled a minimum of 2 weeks from the date recalled unless otherwise ordered by the Court.
	3)	A Capias Recall shall be taken to the Assignment Commissioner’s Office Room 117 in the Hamilton County Justice Center, unless otherwise ordered by the Court.
f.	Magistrates may dispose of linked capias recalls and probation violations as authorized by the court.

7.08 CONSOLIDATED CASES

    In the instance where related cases are assigned to different judges, a judge may request the Administrative Judge to transfer the related case to the judge having the lowest number for trial.

    In the event that a judge determines that related cases should be consolidated and transferred to another judge who has been assigned one of the related cases, the judge requesting the transfer, or staff, will consult with the judge (or judges) who has been assigned the other case (or cases), to confirm that the judge is receptive to the matter. If said judge is receptive to the matter, a request will then be made to the Administrative Judge by the transferring judge stating the acceptance of the transferee judge. The transferee Judge shall become the linked Judge under single judge assignment pursuant to Local Rule.

7.09 JURY MANAGEMENT - SUP. R. 5 (B) (2)

    The Hamilton County Municipal Court Jury Management Plan shall be the same plan as adopted Local Rule 8 by the Hamilton County Court of Common Pleas.

    In addition Criminal jury requests and cancellations must be routed through the Assignment Commissioner’s Office. When a judge determines that a jury is necessary for the trial of a case, the judge will notify the Assignment Commissioner’s Office. The Assignment Commissioner’s Office will then notify the Jury Commissioner of this request, in writing. When it becomes apparent to a judge that a jury will no longer be requested, he will notify the Assignment Commissioner’s Office who will notify the Jury Commissioner, in writing, to cancel the request for a jury.

7.10 PROBATION VIOLATIONS

All probation cases will be assigned to the judge who imposed the probation as follows:

a.    To the judge who last placed the defendant on probation. All existing active status probationers should be linked to a single judge as of 3-1-97. If a link is already established, then to that judge. Future violations will not effect the link, i.e., if there is a future violation followed by a new charge, both the violation and the new charge go to the ownership judge. (The violation is entered first, this creates a pending case and the link.)


b. If there is a pending case assigned to a judge and a probation violation assigned to another judge is arraigned, that probation violation shall be assigned to the probation violation judge. These are then treated as if there are multiple pending cases as in 7.05(b) above.


c.    If there is no pending case, and no active probation status, the violation is returned to the probation judge. The link will be established and any new case arraigned will also be assigned to that judge.


d.    If there is no pending case, and no active probation status, but there are multiple probation violations arraigned together, then all of the cases shall be assigned to the judge who last placed the defendant on probation. The link will be established and any new case arraigned will also be assigned to that judge.


e.    Where a defendant is convicted of a probation violation and the judge terminates probation, the assignment relationship to the defendant is also terminated. The imposition of non-probation sanctions such as jail, stay to pay, or commit on fine do not carry any link to case assignment. If the judge continues probation, the assignment relationship continues.

7.11 CASELOAD ADJUSTMENTS

Effective December 1, 2004, caseload adjustments for judges that preside over “special dockets” will be as follows:

• Each judge presiding over a “Special Docket” will receive one less case per each hearing held while presiding over said “Special Docket.”

• Definition of Hearing – Any action, taken by a judge pertaining to a single defendant by a judge, excluding arraignments.

• Multiple charges or multiple case numbers pertaining to one defendant shall be counted as a single hearing.

• The eligibility for referral to the Housing Docket is described in Local Rule 7.01(b).

• The eligibility for acceptance into Mental Health Court can be obtained by contacting the Mental Health Court Monitor at (513) 946-5211 or (513) 651-9300.

7.12 MENTAL HEALTH COURT (Effective November 1, 2006)

In order to facilitate efficient and effective treatment of qualified individuals in a community based Mental Health Program, the Municipal Court hereby orders the assignment of cases identified for Mental Health Court to the Judge/Judges designated to manage such cases. Said Judge shall have the authority to accept or reject referred cases. All individuals who have their cases assigned to a Mental Health Court Judge shall have subsequent cases assigned to the Mental Health Court Judge per Administrative Rule 7.

Criteria for assignment or referral pursuant to this rule shall be:

• Must be a misdemeanor offense

• No significant history of violent offenses

• Schizophrenia

• Schizoaffective disorder

• Bipolar disorder

• Major depressive disorder, recurrent

• Competent to stand trial

• Have the cognitive ability to understand and participate in the Mental Health Court Treatment Program

• Client would benefit from intensive case management services

• Must be a resident of Hamilton County

• Must be a citizen of the United States

Rule 8. CASE DESIGNATORS-SUP. R. 43 (A)

Cases filed in the Hamilton County Municipal Court shall be identified with the following designators:

a.    A case filed by a proper authority that originates from unincorporated areas of Hamilton County shall be designated by a "C" in front of the year of filing.


b.    A case transferred, appealed or wherein a jury demand is filed from an incorporated city or village other than the city of Cincinnati shall be designated by an "M" in front of the year of filing.


c. A case filed by the city of Cincinnati shall have no letter of designation on front of the year filing.

TOP

1)		Where the defendant appears for arraignment before this court on new misdemeanor violations.
2)		Where the defendant appears for arraignment before this court and is already on probation violation status.
3)		Where the defendant appears for arraignment before this court and has previously failed to appear to answer to other currently outstanding charges previously assigned.
4)		If a defendant gives a false name when arraigned, and on the basis of that name is assigned to a judge under the provision of subsection (d) of this rule, said defendant shall be reassigned to the previously assigned judge.
5)		Whenever a judge sentences a defendant to probation, that judge inherits all existing cases for which that defendant is currently on probation. That judge will also be assigned any new cases arraigned prior to termination of the the probation term. This is not intended to discourage probation, but rather to give the sentencing judge full authority over the terms of probation and the ability to control the disposition of all cases pending for that defendant. The intent is to improve case management and court efficiency and effectiveness from assignment to termination of probation. Similarly the defendant is not subjected to conflicting conditions of probation or possibly conflicting sentencing philosophies from multiple judges. Condition orders can be more consistent and better managed by probation officers who routinely supervise a particular judges caseload. (Concurrent with this rule change the court has adopted a new probation officer assignment system such that each judge will work with a limited number of officers who will handle all probation cases assigned to that judge.) Fewer court settings will be needed and likewise, fewer appearances will be required by the defendant and counsel.
6)		Any sentence which does not include probation does not carry any link to case assignment. Thus a sentence of FINE ONLY or JAIL ONLY or a combination of JAIL AND FINE results in a termination of the assignment relationship between judge and defendant. A STAY TO PAY is a non- probation sentence.
7)		Any judge sitting in particular session may take a no contest or guilty plea on any new case regardless of assignment status on other cases. The imposition of a non-probation sentence will have no effect on other pending or sentenced cases of the same defendant. However, if a sentence including probation is imposed that judge assumes the relationship described above. Other pending cases will not be reassigned but the assigned judge will be aware of the probation relationship of the defendant to that judge and will sentence accordingly. The judge who sentences last always has the option, through his sentence, to retain control through imposition of probation or to defer to a previous sentencing judge by imposing a non-probation sentence. Of course, subsequent convictions can always serve as the basis of a probation violation regardless of the sentence. Probation violations are generally returned to the link judge. Any judge sitting in particular session may take a guilty or no contest plea to a case previously assigned to another judge of this court only if it appears in the interest of justice and that 1. the acceptance of such will not undermine the individual assignment process and that 2. all parties agree. A judge in particular session who accepts a no contest or guilty plea to a probation violation assigned to another judge shall not continue probation. If it becomes apparent that continued probation may be appropriate, vacate the plea and/or refer to the Assignment Commissioner to be properly assigned.

a.		To the judge who last placed the defendant on probation. All existing active status probationers should be linked to a single judge as of 3-1-97. If a link is already established, then to that judge. Future violations will not effect the link, i.e., if there is a future violation followed by a new charge, both the violation and the new charge go to the ownership judge. (The violation is entered first, this creates a pending case and the link.)
b.		If there is a pending case assigned to a judge and a probation violation assigned to another judge is arraigned, that probation violation shall be assigned to the probation violation judge. These are then treated as if there are multiple pending cases as in 7.05(b) above.
c.		If there is no pending case, and no active probation status, the violation is returned to the probation judge. The link will be established and any new case arraigned will also be assigned to that judge.
d.		If there is no pending case, and no active probation status, but there are multiple probation violations arraigned together, then all of the cases shall be assigned to the judge who last placed the defendant on probation. The link will be established and any new case arraigned will also be assigned to that judge.
e.		Where a defendant is convicted of a probation violation and the judge terminates probation, the assignment relationship to the defendant is also terminated. The imposition of non-probation sanctions such as jail, stay to pay, or commit on fine do not carry any link to case assignment. If the judge continues probation, the assignment relationship continues.

•		Each judge presiding over a “Special Docket” will receive one less case per each hearing held while presiding over said “Special Docket.”

•		Definition of Hearing – Any action, taken by a judge pertaining to a single defendant by a judge, excluding arraignments.

•		Multiple charges or multiple case numbers pertaining to one defendant shall be counted as a single hearing.

•		The eligibility for referral to the Housing Docket is described in Local Rule 7.01(b).

•		The eligibility for acceptance into Mental Health Court can be obtained by contacting the Mental Health Court Monitor at (513) 946-5211 or (513) 651-9300.

•		Must be a misdemeanor offense

•		No significant history of violent offenses

•		Schizophrenia

•		Schizoaffective disorder

•		Bipolar disorder

•		Major depressive disorder, recurrent

•		Competent to stand trial

•		Have the cognitive ability to understand and participate in the Mental Health Court Treatment Program

•		Client would benefit from intensive case management services

•		Must be a resident of Hamilton County

•		Must be a citizen of the United States

a.		A case filed by a proper authority that originates from unincorporated areas of Hamilton County shall be designated by a "C" in front of the year of filing.
b.		A case transferred, appealed or wherein a jury demand is filed from an incorporated city or village other than the city of Cincinnati shall be designated by an "M" in front of the year of filing.
c.		A case filed by the city of Cincinnati shall have no letter of designation on front of the year filing.