A. The management and administration of all Grand Jury activities shall be performed by the Grand Jury Judge. The Grand Jury Judge shall:
1. Appoint the Grand Jury Foreperson.
2. Charge the Grand Jury at the beginning of its service.
3. Rule on all matters relative to Grand Jury that require an Order or Judgment Entry.
4. Respond to inquiries by the Grand Jury or its Foreperson.
Grand Jury’s failure to indict an accused shall be reported to the Court as required by R.C. 2939.23 and Crim.R. 6. The
Grand Jury’s finding of a No Bill shall be filed with the Clerk of Courts unless the accused requests the finding not be filed. A
No Bill shall be filed if the Grand Jury fails to indict an accused when the case was bound over to the
Grand Jury under Crim.R. 5(B).
C. The proceedings of the Grand Jury of Wood County, Ohio shall be recorded pursuant to these rules:
1. All recordings shall be made by a
digital or other recorder approved by the Grand Jury Judge.
2. The recorder shall be operated by and under the direct control
of the Grand Jury Foreperson, a designated member of the Grand Jury, or an
Official Court Reporter.
3. All statements and introductory comments of the prosecutor
and the testimony of all witnesses shall be recorded.
4. The deliberations of the Grand Jury shall not be recorded.
5. All digital recordings shall be preserved on the county server in a password-protected folder or other secure storage device or location. Access to the recordings shall be limited to the common pleas judges and their court reporters. All recordings shall be preserved until after all rights to appeal have expired or two years, whichever is greater, unless that time is extended by order of the
Court. No member of the prosecutor’s office shall have access to any recording except as otherwise provided in this rule.
6. Upon request of the
Court or the Prosecutor, the Court Reporter shall provide the Court or Prosecutor access to any recording for review in conformity with Crim.R. 6(E). The
Court Reporter shall note the time and date of the release and the name of the individual to whom it was released. Except upon direction of the
Court, the Court’s or Prosecutor’s access to the recording shall be revoked no later than the next working day. The
Court Reporter shall note the time and date of the recording’s return.
No copies of any such tapes shall be made except by order of the Court. Any tapes released to the Court or to the Prosecuting Attorney shall be listened to only by the Judge or Prosecuting Attorney or staff attorneys.
7. Except upon motion and after a finding of a particularized need, there shall be no disclosure of
recordings or transcripts thereof to defendant or defense counsel. If the Court finds a particularized need and the defendant is not indigent, the defendant will bear the cost of the
preperation of a transcript of the Grand Jury proceedings. The prosecutor's copy will be paid from the Court transcript fund and then taxed as costs of the case. If the defendant is indigent, both the original and the copy will be paid from the transcript fund of the Court and recovered as costs.
D. Nothing in this
Rule shall restrict the Prosecuting Attorney's authority to request at any time, upon reasonable notice, to request the presence of a shorthand reporter pursuant to R.C. 2939.11, at the Prosecuting Attorney's
E. Unless otherwise directed by the Grand Jury Judge, all sessions of the grand jury will be held in the jury assembly room, third floor of the courthouse.
Assignment of Criminal Cases; Prosecutor's Certification
A. Pursuant to
Sup.R. 36(B), this court shall use the “individual assignment system” in the assignment of criminal cases.
B. Upon the filing of an indictment, bill of information or bind over order, the clerk of courts shall, except as provided in
(B)(1), (2), (3) and (4) of this rule, assign the criminal case, by lot, to a judge in the General Division, who becomes primarily responsible for the determination of every issue and proceeding in the case until its termination.
1. When a new case is brought against a criminal defendant against whom there is a pending criminal case in this court, the new case shall be assigned to the same judge to whom the pending criminal case is assigned. Pending criminal cases include:
a. Cases filed with the Clerk of Courts but not yet tried;
b. Tried cases where the defendant found guilty of at least one count for which the defendant has not been sentenced;
c. Cases where a defendant has entered a guilty or no contest plea,
but has not been sentenced;
d. Cases where there are pending motions that are not moot and over which this court has jurisdiction;
e. Cases where there is an active arrest warrant issued by this court.
2. When a new case is brought against a criminal defendant who is serving a sentence imposed by this court or who is on probation or community control through this court, the new case shall be assigned to the same judge who sentenced the defendant or placed the defendant on probation or community control.
When cases involving co-defendants are filed with the clerk of courts:
a. If none of the co-defendants has a pending case in this court, is serving a sentence imposed by this court, or is on probation or community control through this court, the first of these cases to be filed with the clerk of courts shall be assigned to a judge by lot and the co-defendants’ cases shall also be assigned to
the same judge.
b. If co-defendants cases are filed
on the same day and more than one of the co-defendants has a pending case in this court, is serving a sentence imposed by this court, or is on probation or community control through this court then the cases shall be assigned to the judge to who
was assigned to-the-first-filed of any pending cases or cases where a defendant is serving any sentence
or sanction imposed by this court.
c. A co-defendant includes any person against whom charges have been brought in this court that are alleged to have arisen from the same act, failure to act, event, occurrence, chain of events, transaction, series of transactions, enterprise, activity or pattern of activity as any other person against whom charges have been brought in this court, whether or not the charges against any co-defendant have been dismissed.
When a case that was previously dismissed is refiled, the case shall be assigned to the same judge to whom the case was previously assigned. When a case has been filed but dismissed, any subsequent cases involving co-defendants of the defendant whose case was dismissed shall be assigned to the judge to whom the dismissed case
5. When a case is filed against a defendant who has previously been a defendant in this court but who has no pending case in this court and is not serving a sentence imposed by this court and is not on probation or community control through this court, then the case shall be assigned by lot, unless another provision in this rule, including the provisions regarding co-defendants, requires the case to be assigned to a specific judge.
C. At the time of the filing of an indictment, bill of information or bind over order, the prosecuting attorney shall file a certification, described below, with the clerk of courts. The term “prosecuting attorney” includes assistant prosecuting attorneys. The prosecuting attorney’s certification shall affirm that all available records have been searched and that to the best of the prosecuting attorney’s knowledge, the certification shall indicate:
1. Whether the case is being brought against a defendant against whom there is a pending criminal case
as defined in (B)(1). If so, the prosecuting attorney shall list each pending case number and the judge to whom the pending case
2. Whether the case is being brought against a defendant who is serving a sentence that was imposed by this court or is on probation or community control through this court. If so, the prosecutor shall list the case number or numbers and the judge who sentenced the defendant or who placed the defendant on probation or community control.
3. Whether the case involves a co-defendant
as defined in (B)(3)(c). If so, the prosecuting attorney shall list the names of all co-defendants.
4. Whether the case has previously been dismissed. If so, the prosecuting attorney shall note the judge that the previous case was assigned to.
5. Whether the Office of the Wood County Prosecuting Attorney had any contact with the matter prior to January 1, 2003.
D. Whenever the administrative judge transfers a case, for good cause, from one judge to another, the next criminal case which is assigned by lot to the receiving judge, shall be re-assigned, by the administrative judge, to the transferring judge.
Criminal Case Management
A. NOTIFICATION OF PERSON INCARCERATED
The Sheriff shall promptly notify the Prosecutor, the Public Defender and the assigned judge or the Grand Jury Judge of any person held in jail:
Ten days after bind over from Municipal Court; or
2. Upon arrest.
B. ARRAIGNMENT SCHEDULE
1. Each judge shall normally hold regularly scheduled arraignments at least twice monthly.
2. When a case
is assigned, arraignment will be set for the next regular arraignment day and continued only upon motion of Defendant or of the State for good cause shown.
C. APPOINTING COUNSEL
1. If defendant appears without counsel at initial appearance and the Court determines defendant is indigent, then, unless defendant waives representation by counsel, counsel will be appointed for the defendant without unnecessary delay.
2. A list of counsel available for appointment shall be prepared by the Court and updated on an annual basis.
3. At the time of sentencing, appointed counsel shall be prepared to submit in and out of court time dedicated to the case.
D. SCHEDULING UPON PLEA
1. Upon accepting a plea of guilty or no contest, the Court will normally set sentencing within two weeks unless a presentence investigation and report is ordered, in which case sentencing will normally be set within eight weeks.
2. Upon receiving a plea of not guilty, the Court will set the matter for pretrial conference, normally within three weeks. At the pretrial conference the Court will set or reaffirm dates for trial, motions, completion of discovery, hearing on motions and any further pretrial conference.
E. FAILURE TO APPEAR
If at any stage in the proceedings the defendant fails to appear as ordered, the Court may issue a warrant for the arrest of the defendant. Upon issuance of a warrant an Order may be filed setting forth that defendant is unavailable for trial and removing the case from the active docket.
All applications for the continuance of any scheduled event must comply with
Sup.R 41 and shall set forth the reason for the request. If the reason is another case scheduled on the same date in another court, the application shall include the name of the court and assigned judge (with phone number), case caption, and the date that the conflicting event was assigned.
G. RESPONSE TO MOTIONS
Any motion not decided ex parte by the court or not set for hearing shall be responded to within 14 days after the motion was filed, or as otherwise ordered by the Court, unless the response time is otherwise fixed by Supreme Court Rule or law.
H. NOTIFICATION OF ARREST DATE
The arresting law enforcement agency shall provide to the Prosecutor the arrest date; and the Prosecutor shall notify the Court of the arrest date at or before arraignment.
I. NOTIFICATION OF SPEEDY TRIAL DATE
At the initial pretrial conference, the prosecutor will advise the Court of all dates, periods of incarceration and all other matters required to establish a speedy trial date. A trial date shall be set by the Court upon consultation with counsel for the State and the defendant. The prosecutor shall promptly notify the Court if the trial date would be beyond the limits of R.C. 2945.71.
J. CRIMINAL CASE TIME LIMITS UPON BIND OVER
In accordance with Sup. R. 39, when an accused has been bound over to grand jury and no final action is taken by the grand jury within 60 days after the date of the bind over, the Court or the Administrative Judge thereof shall dismiss the charge unless for good cause shown the prosecuting attorney is granted a continuance for a definite period. Costs of such dismissal shall be assessed to the state.
K. PLEA DOCUMENTS
Once a defendant has agreed to enter a guilty, no contest or
Alford plea to a charge, the prosecutor shall deliver appropriate plea documents to defendant's counsel not later than three working days prior to the scheduled court appearance for entering the plea. Defendant shall be prepared to execute said document in court at the time of the scheduled hearing.
L. PROCEDURE FOR EX PARTE PROCEEDINGS
The following procedure shall be used in the event a defendant desires to make an ex parte request for funding:
1. Counsel for the defendant or the defendant will file the motion under seal directly with the Court. The Court shall then note the date and time of the filing of the motion and keep a separate ex parte proceedings file. The court will determine at the end of the proceedings whether to enter the ex parte file into the record of this case for appellate review, either under seal or otherwise.
2. The court may set the ex parte motion for a hearing. At the hearing, the defendant and his or her counsel shall be present. The defendant, directly or through counsel, may argue in favor of the motion and offer evidence and testimony for consideration by the court. The Court’s decision is under seal and will be provided to defendant and defendant’s counsel only.
3. The motion, the transcript of the proceedings, evidence submitted by the defendant, and the orders of the Court shall be sealed and held by the Court.
A. The Common Pleas Court's primary Criminal law duty is to handle felony cases. Consistent with
this purpose, the Court will only administer misdemeanors that are charged against a defendant concurrently with a felony charge pending in this Court.
B. All indictments or
bills of information charging only misdemeanors shall be transferred to or
refiled in the Court from which bind over to the grand jury was made or to
the Court of record of the jurisdiction in which venue is proper.
C. If there is a reduction from a felony to a misdemeanor, the case should proceed to be refiled by the Prosecutor in the Court from which bind over to the grand jury was made or to the Court of record of the jurisdiction in which venue is proper, at the Court's discretion.
A. Discovery and Bills of Particulars provided to opposing counsel shall not be filed with the Clerk of Courts but a copy shall be provided to the trial judge upon request.
B. Police reports and other witness statements supplied shall not be used for cross-examination of any witness unless same is properly qualified under
Crim.R 16 and Evid.R 613.
C. Counsel for prosecution and defense shall receipt all discovery received.
D. All discovery will be on a continuing basis.
E. If at any time during the course of the proceedings it is brought to the attention of the Court that the Prosecutor or defense counsel has failed to comply with this rule, or an order issued pursuant to this rule, the Court may grant a continuance, prohibit the introduction
of the material not disclosed as evidence, or enter such other order as it deems just under the circumstances.
An expert witness's report shall be provided opposing counsel at least 10 days prior to the taking of said expert's deposition.
Bail or Surety
A. BOND HEARINGS
1. Bond hearings will be held for incarcerated defendants at the Court's earliest feasible time. Upon notification to the Court an incarcerated defendant shall be brought before the Court for bond hearing without unnecessary delay. If a Judge has not been assigned to the Defendant's case, the Grand Jury Judge may set bond, pursuant to Local Rule 2.03.
2. At the Defendant's first appearance in court, the defendant may be referred to the Adult Probation Department for an interview and preparation of a pretrial release report. Bond is subject to review by the Court upon receiving said report from the Adult Probation Department and at any time for good cause.
B. ATTORNEY PROVIDING BOND
No attorney-at-law or other officer of this Court shall be a surety on any undertaking in this Court.
C. REGISTRATION OF SURETY BAIL BOND AGENTS
1. Any person wishing to file a bond in a Wood County Common Pleas Court case must register with the
Clerk of Courts by filing a copy of the agent's surety bail bond license, a copy of the agent's driver's
license or state identification card, and a certified copy of the surety bail bond agent's appointment by
power of attorney from each insurer that the surety bail bond agent represents.
D. BIND OVER
When a criminal defendant is bound over to the Grand Jury, except in the case of property bonds, the Clerk is directed to accept the bond established by the Municipal Court until modified by Court Order.
E. BOND TERMS
1. All bonds shall secure any costs assessed and shall carry the following conditions:
a. The Defendant shall timely appear at all scheduled court appearances and obey all court orders and directives.
b. The Defendant shall keep in contact with counsel, and comply with all directives of counsel.
c. The Defendant must maintain a current address and phone number with defense counsel, the Clerk of Courts, and if so ordered by the Court, with the Adult Probation Department. Any change of address or phone number must be reported to the above parties by the next business day after the change.
The Defendant's travel is restricted to the state of Ohio and the state of Defendant's residence.
e. The Defendant shall not be charged with nor commit any serious traffic or criminal offenses.
2. The Court may provide that the Defendant is not to possess any weapon or dangerous ordnance.
3. The Court may require the Defendant to execute an unsecured personal bond in an amount fixed by the Court. The Court may provide that the Defendant appear in person or call the Wood County Probation Department on a schedule established by the Court and the Defendant must remain by a telephone upon being so directed by the Probation Department so that the Probation Department may call back and verify the telephone the Defendant is using.
F. PROPERTY BONDS
1. The Clerk shall not accept a property bond in lieu of cash for any bail requirement without approval from the Judge setting the bond.
2. If real estate is to be accepted in lieu of cash the following requirements, unless specifically other¬wise authorized, must be met before the Clerk may consider such a bond:
a. The unencumbered value (equity) in the property must equal two times the bond amount;
b. The property must be located in Wood County, Ohio;
c. The Defendant must submit a stat¬ement of owners and lienholders or other title work of similar content; and
d. The Defendant must submit an appraisal from the Wood
County Auditor's office that supports the stated unencumbered value.
3. If the unencumbered value is not apparent from the face of the tax appraisal
and the statement of lienholders, the proponent must submit statements from the lienholders verifying the balances due which if subtracted from the appraised value would yield the necessary equity for the bond.
Appointment of Probation Officers - Power to Arrest
A. The direct responsibility to employ and supervise probation officers is with the Director of Adult Probation. The judges of the
Wood County Court of Common Pleas General Division shall approve all such
appointments by indicating approval of the candidate to the director, and upon the acceptance of employment by the candidate, administering an oath of office to
the candidtate. Taking the oath of office shall shall precede the candidate becoming an employee of the Court of Common Pleas.
B. Upon receiving evidence of a probation violation, the probation officer has the power under the laws of this state to arrest the probationer. To assist and facilitate the safe discharge of this duty, the probation officer called upon to effect an arrest of a probationer may request that a law enforcement officer with jurisdiction at the probationer's location accompany the probation officer for the purpose of protecting the safety of the probation officer during the arrest process and facilitating the return of the probationer to jail. Such law enforcement officer shall provide the assistance requested.
Conditions of Probation or Community Control Sanctions
A. General conditions of supervision shall be adopted by the Court from time to time for the Adult Probation Department. The most recently journalized edition of these conditions shall control all probationers. A copy of the most recent general conditions of
Community Control is included in Appendix C.
B. In addition to the general conditions of supervision, the Court may establish special conditions applicable to individual offenders.
A copy of the most recent special conditions of Community Control is
included in Appendix D.
C. These conditions of supervision shall be
followed by each person placed under the supervision of the Wood County Adult Probation Department.
A written statement of the general conditions and special conditions of probation shall be furnished to each person on probation or under the supervision or in the custody of the Wood County Adult Probation Department. Each
offender shall be informed in writing that a violation of any rule or condition of supervision may result in the revocation of the probation or community control sanction.
Violations of Conditions of Supervision
A. When an expert
is needed at a probation violation hearing to prove the results of an
offender's drug test or for other purposes the following rules will apply:
1. The Court shall not permit any continuance of a scheduled probation violation hearing where an expert is to be presented in support of the action unless good cause is shown.
2. Should the Court find good cause for a continuance of a probation violation hearing, the expert called to testify shall be sworn and give his/her testimony so that the expert shall not be required to attend the continued hearing.
B. Testimony of any witness at probation violation hearings may be presented by deposition taken pursuant to Crim. R. 15.
Intensive Supervision Program
The Court has
established an Intensive Supervision Program (ISP) as a part of the Wood
County Adult Probation Department.
The ISP has been established with funding from the Ohio Department of Rehabilitation and Correction under R.C. 5149.30 through 5149.37 and shall comply with any statutory requirements.
All ISP participants must comply with all requirements of the program as are established by the Court. A
copy of the most recent ISP rules is included in Appendix E.
Reimbursement From Non-Indigent Offenders
Upon sentencing an offender who is not indigent, the Court may order the offender to reimburse Wood County for all or part of the per diem costs of incarceration, work release, community control sanction, public defender, electronic home monitoring, and/or supervision by the probation department at a rate established by the Court, not to exceed actual cost.
Electronic Monitoring Program
The Wood County Court of Common Pleas shall adopt rules governing the adult probation department’s electronic monitoring program. A copy of the most recent electronic monitoring program rules is included in Appendix F.
It may be a condition of admission to the electronic monitoring program that the offender pays all or a portion of the per diem costs of home confinement.
Magistrates in Criminal Cases
A. Notwithstanding any contrary provision in the criminal rules and subject to the limitations that the Judge may establish, a magistrate may be assigned to preside over the following proceedings:
1. Arraignments conducted pursuant to Crim. R. 10.
2. Pretrial conferences.
3. Proceedings to establish bail.
B. Under no circumstance shall a magistrate make a determination of guilt or innocence or recommend or impose a sentence.