RULE 2 THE JUDICIARY AND COURT ADMINISTRATION

 RULE 2.1 THE PRESIDING AND ADMINISTRATIVE LAW JUDGE

 A. The Presiding Judge shall also be the Administrative Judge who shall have full control over the administration, docket, and calendar of the court, pursuant to Rules of Superintendence for the Courts of Ohio (hereinafter referred to as Sup. R.) Rule 4.

 B. The position of Presiding and Administrative Judge shall be pursuant to statute between the two judges. The term of office shall be the calendar year. Before commencement of the term of office, the Presiding and Administrative Judge shall notify the Chief Justice of the Supreme Court of Ohio of his/her selection.

 C. The other Judge shall serve as Acting Administrative Judge in the absence of the Administrative Judge.

 RULE 2.2 UNAVAILABILITY OF JUDGE OR MAGISTRATE

 In the absence of a judge or magistrate, the Presiding and Administrative Judge may appoint an acting judge or magistrate to carry out the duties of the absent judge or magistrate, pursuant to the Ohio Revised Code.

 RULE 2.3 PUBLIC USE OF COURTROOMS

 Questions of the admission of persons to a courtroom shall be within the province of the Judge to whom that courtroom is assigned and within the guidelines of public access to all court proceedings consistent with the order and dignity of the Court. No recordings shall be made of any court proceedings without approval of the Judge conducting the proceeding and pursuant to the Rules of Superintendence.

 RULE 2.4 ASSIGNMENT TO AN INDIVIDUAL JUDGE

 The method employed by the Miami County Municipal Court for the individual assignment of cases to judges shall be known as a "true lot". A true lot is defined as the possibility of each case having any one of the judges sitting on the Miami County Municipal Court bench assigned to the case. On a plea of not guilty in multiple related cases, these cases may be grouped for assignment to the same judge. Cases relating to different defendants, even if arising out of the same transaction, shall be separately assigned, unless a motion for consolidation has been granted by the Court. After a case has been individually assigned pursuant to Sup. R. 36, it shall not be reassigned to another judge without that judge's consent. All transfers of assignments shall be effected by a properly recorded entry.

 A. A civil case shall be assigned by true lot to an individual judge upon the filing of an answer or motion other than a motion for default judgment.

 B. A misdemeanor, traffic, or criminal case shall be assigned by true lot to a judge when a plea of "not guilty" or "not guilty by reason of insanity" is entered.

 C. When a case has been assigned to an individual judge by true lot, that judge shall be responsible for the determination of every issue and proceeding in that case until its termination.

 RULE 2.5 SESSIONS

 Session assignments shall be for two week intervals. Session assignments for cases that are assigned by subject category rather than by the individual assignment system shall be equally alternated between the judges and magistrate. Sessions shall include initial appearances in felony cases, traffic and criminal arraignments, and preliminary hearings.

 RULE 2.6.1 - DISPOSITION OF SEIZED PROPERTY AND EVIDENCE NOT CLAIMED

 Pursuant to ORC 2933.41, all property in the custody of a police agency within the jurisdictional limits of the Miami County Municipal Court, except contraband, which is no longer needed as evidence and that the police department (including the Sheriff's Department), despite reasonable efforts, has been unable to locate the person or persons entitled to possession, may periodically be sold at public auction. Contraband which is no longer needed as evidence and is not otherwise subject to other provisions of the law, may be destroyed upon receipt of an appropriate order of the court.

 Firearms and dangerous ordinance suitable for police work may be given to law enforcement for that purpose. Firearms suitable for sporting use or as collectors' items may be sold at public auction. Other firearms and dangerous ordinance shall be destroyed pursuant to ORC 2933.41 (D)(2).

 RULE 2.6.2 - UNCLAIMED RESTITUTION FUNDS

 All funds, including restitution, unclaimed after one year and after notice is given pursuant to ORC 1901.031 shall be treated as unclaimed funds by the Clerk of Court and paid to the County Treasurer.

 RULE 2.7.1 - PRACTICE BEFORE THE COURT

 Only attorneys regularly admitted to the practice of law in the State of Ohio or those certified to specially practice by the Supreme Court of Ohio or those authorized by the Court shall be permitted to practice in this Court. This rule shall not prohibit a party from acting as his or her own counsel in any proceeding in this Court.

 RULE 2.7.2 - WITHDRAWAL OR CHANGE OF TRIAL ATTORNEY

 No attorney who entered his or her appearance in any case, shall withdraw except by an entry of the court and upon a showing of good cause. Withdrawal of counsel shall not be permitted within five (5) court days of any hearing assignment. Change of trial counsel shall be permitted by the Judge assigned to the case only upon the filing of an entry containing the designation of new trial counsel and provided such change will not delay the hearing.

 RULE 2.8 - REQUEST FOR INTERPRETER OR TRANSLATOR

In a criminal or civil case, the party requesting a court appointed interpreter or translator shall make a written request to the Court at least seven (7) days before the date of the trial or hearing and the Court shall determine if an interpreter or translator is necessary. The party requesting the translator in a civil case shall post a security deposit of $100.00 with the Municipal Clerk of Courts at the time that party requests a court appointed interpreter. The expenses for the interpreter or translator in a civil case shall be taxed as part of the costs allowed to the prevailing party, unless otherwise directed by the Court. In a criminal case, the interpreter or translator expense shall be paid out of the same funds as witness fees.

 

Home | Jurisdiction | Programs | Staff | Rules | OhioJS | Links | Forms

Web pages built and hosted by Rhombus Technologies, Ltd., home of OntheSquare.com