Criminal Rules

Part III Criminal Rules
Effective January 1, 2007
3.01 APPLICATION AND ADOPTION
3.02 GRAND JURY ASSIGNMENTS
3.03 BOND AND ARRAIGNMENT
3.04 APPREHENSION ON WARRANTS
3.05 COMPANION CASES
3.06 INTERVENTION IN LIEU OF CONVICTION
3.07 REQUIREMENTS FOR DOCUMENTS FILED WITH THE CLERK
3.08 DISCOVERY
3.09 ATTENDANCE AT COURT PROCEEDINGS
3.10 CONTINUANCES
3.11 RESTITUTION
3.12 INDIGENT COUNSEL FEE STATEMENTS
3.13 SEALING OF RECORDS
3.14 RETENTION OF EXHIBITS
3.15 CREATION OF SPECIALIZED DOCKET: Drug Court
3.16 JURY USE & MANAGEMENT/VOIR DIRE
3.17 JURY USE & RETENTION SCHEDULE FOR COURT RECORDS
ATTACHMENT A TO HANCOCK COUNTY, OHIO, WRITTEN PLEA OF NOT GUILTY
ATTACHMENT B TO HANCOCK COUNTY, OHIO, Motion for Intervention in Lieu of Conviction

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RULE 3.01 APPLICATION AND ADOPTION
A. These rules shall be known as “The Hancock County Criminal Rules in the Common Pleas Court” (Hancock Crim.R.).
B. These rules are adopted by the Court by way of Judgment Entry and become effective January 1, 2007 and may be amended by order of the Court executed by the Judges of the Criminal Division of the Court.
RULE 3.02 GRAND JURY ASSIGNMENTS
A. The general trial division judges of this court shall alternately call, instruct, and monitor the grand jury each four-month session of the court term beginning January 1st, May 1st, and September 1st of each year. During this period the assigned judge will:
1. Accept the grand jury report;
2. Set bonds up to and including arraignment;
3. Preside at arraignments;
4. Assign pretrial dates;
5. Hear cases proceeding upon information;
6. Remand misdemeanor cases to the Findlay or Fostoria Municipal Court, where appropriate.
B. In the absence or disability of the assigned judge, the functions of the regularly scheduled judge may be carried out by any other available and qualified judge.
RULE 3.03 BOND AND ARRAIGNMENT
A. In cases of delayed service or unavailability of defendants indicted during a four-month session of the grand jury, the judge presiding at arraignments at the time of service will fix bond, arraign and assign pretrial dates for such defendants when served or available. Upon Order of Reference pursuant to Ohio Criminal Rule 19, a magistrate may conduct arraignments and other proceedings designated in the Order of Reference.
B. Unless otherwise ordered, arraignments shall be held each Wednesday. Pursuant to Ohio Criminal Rule 10(B), the defendant may be absent from the assigned arraignment date if the following conditions are met prior to the time scheduled for arraignment:
1. The defendant is not in custody on the assigned arraignment date;
2. The defendant is represented by private or court-appointed counsel; and
3. The defendant, his attorney, and the prosecuting attorney have executed and filed a written plea of “not guilty” on the form approved by the Court and appended to these Rules as Form CR-1 (Attachment A).
C. For those defendants who have had a bond established by the Findlay or Fostoria Municipal Courts, said bond shall remain in effect and supersede the schedule below and remain in effect until otherwise modified by the Hancock County Common Pleas Court. (Updated 10-1-11).For those defendants who have been directly indicted by the grand jury who have the right to have a bond established prior to arraignment, the judges of the common pleas court have adopted the following bond schedule:
FOR ALL OFFENSES COMMITTED ON OR AFTER JULY 1, 1996
Felony 1 $30,000.00 Felony 4 $ 7,500.00
Felony 2 $22,500.00 Felony 5 $ 3,750.00
Felony 3 $15,000.00
Bonds for aggravated murder and murder shall be established on a case-by-case basis by the judge assigned to hear the case.
D. In cases where a motion for denial of bail is made pursuant to Ohio Revised Code section 2937.222, the matter shall be set for immediate hearing on the calendar of the judge to whom that case is assigned.
E. In those cases where the Grand Jury has returned an indictment for misdemeanors or that include counts for misdemeanors, the following schedule for each misdemeanor count is adopted:
Misdemeanor 1 $1,250.00
Misdemeanor 2 $ 750.00
Misdemeanor 3 $ 500.00
In each case involving misdemeanor counts, 10% of the foregoing schedule may be posted for misdemeanors only.
RULE 3.04 APPREHENSION ON WARRANTS
Whenever a person is apprehended and in the custody of the Sheriff of Hancock County, Ohio, upon a bench warrant or upon warrants served after arraignments from a particular grand jury return have taken place, both the Sheriff and the Clerk of Courts shall immediately notify the judge presiding at arraignments for that term.
RULE 3.05 COMPANION CASES
Companion criminal cases shall be assigned to the same judge. Likewise, cases in which the same defendant is charged with a subsequent criminal offense shall be assigned to the same trial judge assigned any pending criminal charges against that defendant. At the discretion of the court, a criminal case may be transferred to the docket of the judge to whom a prior case involving that defendant was previously assigned.
RULE 3.06 INTERVENTION IN LIEU OF CONVICTION
Pursuant to Rule 5 of the Ohio Rules of Superintendence for the Courts of Ohio, the Court hereby adopts the following Local Rule regarding the filing for Intervention in Lieu of Conviction.A defendant who wishes to apply for intervention as provided in Ohio Revised Code section 2951.041 shall file the motion for intervention in accordance with that section. The Court will file an Entry shortly thereafter setting forth the following requirements:Within seven days of the Entry, the Defendant shall report to the Forensic Team leader of the Hancock County, Ohio, Adult Probation Department at 514 South Main Street, Findlay, Ohio, for the preparation of an Ohio Risk Assessment. Appointments shall be scheduled personally or by telephone to (419) 424-7085. Defendant shall cooperate and participate in any recommended treatment program prior to hearing unless a reasonable explanation for delaying entrance is offered to the Court. If no good faith basis for delayed treatment exists, Defendant’s motion for Intervention in Lieu of Conviction will be denied.Defendant must obtain an Assessment from an appropriate licensed provider, certified facility, or licensed and credentialed professional pursuant to R.C. §2951.041(B)(4) or (5) for the purpose of determining the offender’s eligibility for Intervention in Lieu of Conviction and recommending an appropriate intervention plan. It shall be the obligation of the Defendant to obtain this assessment and to provide copies of the assessment to the Hancock County Common Pleas Court, the Hancock County Prosecutor’s Office, and the Hancock County Adult Probation Department at least seven (7) days prior to the scheduled hearing. If the assessment is not provided as described in this Entry, the Defendant’s request will be denied summarily. A sample report of assessment is found at Attachment B to these Rules.Once these two items are complete a probation officer from the Hancock County Adult Probation Department will be assigned to conduct an investigation. The Defendant must meet with the assigned probation officer at scheduled times and submit to random urine screens so that a thorough report may be prepared for the Court.

Compliance with the Court’s Order does not guarantee eligibility for the Court’s intervention in lieu of conviction program. Moreover, the Defendant’s right to a speedy trial pursuant to Revised Code section 2945.71 shall be tolled as a result of the filing of a motion for intervention in lieu of conviction.

RULE 3.07 REQUIREMENTS FOR DOCUMENTS FILED WITH THE CLERK
A. All documents filed by counsel after the indictment shall have designated in the caption of the document, below the case number, the name of the Judge to whom the matter is assigned. If a visiting judge is assigned, the document shall contain that Judge’s name and the designation that the Judge is sitting “by assignment.”
B. All documents, other than original documents attached or offered as exhibits, offered for filing with the Hancock County Clerk of Courts shall be offered for filing without folders or covers and the first page of filings shall have a 2 ½” unobstructed space at the top of the document for the Clerk to place a file stamp. All documents shall be one-sided and on 8 ½” x 11” bond paper.
RULE 3.08 DISCOVERY
A. In lieu of formal requests pursuant to Ohio Criminal Rules 7(E) and 16, the Hancock County Prosecutor’s Office has a policy of providing “open file” discovery. To obtain “open file” discovery, defense counsel shall request same on the record at the time of arraignment and shall execute the Stipulation/Judgment Entry reflecting same. When “open file” discovery is requested and provided, then, at least seven (7) days prior to the trial of the case, the parties shall formally file documents accurately reflecting all discovery provided to that date.
B. If defense counsel does not desire “open file” discovery or the State of Ohio refuses to participate in it, all discovery issues will be governed by Ohio Criminal Rules 7(E) and 16.
C. All discovery time limits shall be extended or reduced only by written Order of the Court.
D. In all cases, all parties are under a continuing duty to supplement any discovery responses.
RULE 3.09 ATTENDANCE AT COURT PROCEEDINGS
Attendance by a prosecuting attorney, defense counsel, and the defendant is mandatory at all stages of the proceedings, including pretrials.
RULE 3.10 CONTINUANCES
Any continuance granted on the defendant’s motion shall toll the defendant’s speedy trial time pursuant to Ohio Revised Code section 2945.72(E) and (H). Any judgment entry of continuance submitted on behalf of the defendant shall include language setting forth the tolling of speedy trial time, but counsel’s or the defendant’s failure to include such language shall not cancel the tolling effect.
RULE 3.11 RESTITUTION
If restitution is ordered, monies paid by the defendant to the Clerk of Courts shall be applied first to the restitution, then to the costs, and then to the fines, unless otherwise ordered by the Court.
RULE 3.12 INDIGENT COUNSEL FEE STATEMENTS
Court-appointed counsel representing indigent defendants in criminal proceedings shall, upon making application for compensation, itemize hours spent and clearly designate which was “in court” and which was “out of court” time. The itemization shall be submitted on the fee statement form as prescribed by the State of Ohio Public Defender. The “in court” and “out of court” time shall be computed pursuant to the Resolution Setting Attorney Fees enacted by the Commissioners of Hancock County, Ohio.
RULE 3.13 SEALING OF RECORDS
If the court grants the sealing of a criminal record under Ohio Revised Code sections 2953.32 and 2953.52, the Clerk of Courts shall forward copies of the order sealing the records to the Ohio Bureau of Criminal Investigation, Federal Bureau of Investigation, Hancock County (Ohio) Sheriff, Findlay (Ohio) Police Department, and the Hancock County (Ohio) Prosecuting Attorney.
RULE 3.14 RETENTION OF EXHIBITS
Neither the Clerk of Courts nor the Court Reporter shall retain exhibits for a period in excess of twelve (12) months from the completion of trial or other final hearing in a criminal matter unless the case is on appeal or the subject of a motion or order for new trial. Upon the expiration of twelve (12) months from completion of trial without any notice to the Clerk of Courts that exhibits should be retained for future proceedings, the Clerk of Courts shall notify the parties of the intended destruction of the exhibits using the procedure set forth in Rule 26(F) of the Rules of Superintendence for Courts of Ohio. If the party that tendered the exhibits fails to retrieve the exhibits and provide a written receipt for them as set forth in Rule 26(F), the Clerk shall dispose of the exhibits at the direction of the Court. It shall be the parties’ responsibility to notify the Clerk of Courts of the basis for retention of exhibits for a period in excess of twelve months.
RULE 3.15 CREATION OF SPECIALIZED DOCKET: Drug Court
A. The Hancock County Drug Court (“Drug Court”) is created pursuant to the specialized docket standards set forth in Rules 36.20 – 36.28, including Appendix I, of the Ohio Rules of Superintendence for the Courts of Ohio. The purpose of the Drug Court is to facilitate efficient and effective treatment of drug and alcohol dependent offenders. The mission of Drug Court is to improve the overall quality of life in the community by providing a court-supervised program for substance dependent offenders that will enhance their likelihood of being productive members of society, while keeping the community safe. Offenders shall be supervised by the Hancock County Adult Probation Department to ensure compliance with program requirements and to assist the offenders in progressing through treatment phases.

B. The Drug Court Participant Handbook, adopted in February 2015 and as amended from time to time, is incorporated in this Rule. The Handbook is available at the office of the Hancock County Adult Probation Department and on the website of the Hancock County Common Pleas Court at www.co.hancock.oh.us/commonpleas.

C. Potential participants in the Drug Court program may be referred to the program by a General Division Judge, the prosecuting or other attorney, treatment providers, probation officers, the offender, or other interested persons. Referrals can be made at any stage of the court process, to include intervention in lieu of conviction, post-plea and pre-sentencing, sentencing, and during community control sanctions. Upon referral, the Drug Court Coordinator conducts an initial eligibility screening.

D. A Drug Court participant must meet legal and clinical eligibility criteria as set forth in the Drug Court Participant Handbook, as may be amended from time to time. The target population is the nonviolent, moderate-to-high-risk and moderate-to-high-need drug and/or alcohol dependent offender.

E. The Drug Court participant shall be required to complete phases of treatment, and all other requirements, as identified and defined in the Drug Court Participant Handbook and the Drug Court Participation Agreement. While a program participant, offenders shall receive services to assist in meeting criminogenic needs. While a program participant, offenders are subject to random, frequent, and observed alcohol and drug testing. Upon graduation, the offender may remain under community control sanctions to ensure continued compliance and success.

F. The Drug Court Treatment Team (DCTT) shall monitor each participant’s progress through team meetings and status review hearings with the assigned Judge. The DCTT membership shall consist of not less than: the assigned Judge; a Forensic Team Leader/Drug Court Coordinator; a Probation Officer; Specialized Docket Licensed Treatment Providers; Prosecutor; Defense Counsel; and a Forensic Team Case Manager. The duties of the DCTT members are outlined in the Drug Court Participant Handbook and are adopted herein.

G. Program incentives are offered for participants who reach certain milestones or accomplishments; they are offered on a timely, graduated and individualized basis to ensure positive reinforcement for program compliance and achievement. Sanctions for a Drug Court participant’s non-compliance vary in intensity and are timely, graduated, and individualized to ensure accountability and promote future compliance.

H. Successful completion of the Drug Court program is based upon positive accomplishment in treatment and programming, as set forth in the Drug Court Participant Handbook. The assigned Judge has the discretion to determine when the participant has successfully completed the program.

I. A Drug Court participant may be unsuccessfully terminated for ongoing noncompliance with program requirements, resistance to treatment, new and serious criminal convictions, serious specialized docket infractions, serious community control violation(s), or other bases as determined by the assigned Judge. A Drug Court participant may be terminated from the program on a “neutral discharge” where the participant has reached maximum benefit and is unlikely or unable to successfully complete the program. A Drug Court participant may be placed on “inactive status” due to unavailability or pending determination of the status of continued participation.

J. For purposes of Supreme Court statistical reports, the case shall be considered disposed by the assigned Judge when the defendant is sentenced to or accepted in the Drug Court program, or if the defendant is ordered to the Drug Court program as a condition of Intervention in Lieu of Conviction.

RULE 3.16 JURY USE & MANAGEMENT/VOIR DIRE
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A. The Court, subject to the provisions of Chapter 2313 of the Ohio Revised Code, adopts the procedure of the Hancock County Data Processing Board and the use of automated data processing for the selection of prospective jurors.

B. The Court hereby adopts and incorporates the Ohio Trial Court Jury Use and Management Standards pursuant to Rule 5(B) of the Rules of Superintendence for the Court of Ohio, and the Hancock County Common Pleas Court Jury Use and Management Plan adopted by Journal Entry of November 30, 2012, as amended form time to time, which are maintained in the office of the administrative judge.

C. Excusal and postponement for jury service are governed by Chapter 2313 of the Ohio Revised Code or its successor. An “extraordinary circumstance” for purposes of postponement beyond the jury year includes the trial docket of the Court in the last quarter of the jury year, but postponement for such basis shall not be for more than six months.

D. Voir dire shall be conducted in conformity with the direction of the assigned judge. During voir dire, counsel may have the use of prospective juror information sheets that have been distributed and collected by the Court. The forms shall be returned to the Court at the conclusion of a trial.

RULE 3.17 RETENTION SCHEDULE FOR COURT RECORDS
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This Rule is issued pursuant to Rule 26(G) of the Ohio Rules of Superintendence for the Courts of Ohio to establish a retention schedule for court records not otherwise specified in those Rules of Superintendence or a retention schedule other than the minimum provided under those Rules.

A.   Jury/Juror Records

  1. Original juror questionnaires shall be delivered to a deputy commissioner of jurors, who shall maintain the questionnaires in paper medium for one (1) year from the end of the jurors’ terms of service, at which time the questionnaires in this medium may be destroyed. The juror questionnaires shall be maintained in electronic medium for a period of three (3) years, except in capital cases, for which the questionnaires shall be retained until judgment of execution has been carried out or the conviction is vacated and the defendant released.
  2. Records regarding juror excusals or postponement shall be maintained in paper medium for one (1) year from the end of the jurors’ terms of service, at which time the records in this medium may be destroyed. The records regarding juror excusals or postponement shall be maintained in electronic medium for a period of three (3) years, except in capital cases, for which the questionnaires shall be retained until judgment of execution has been carried out or the conviction is vacated and the defendant released.
  3. Undelivered summonses and other jurors’ communications shall be retained in their original medium for one (1) year from the end of the jurors’ term of service and thereafter may be destroyed.
  4. Juror payment records in paper medium shall be retained for two auditing periods or for four (4) years, whichever shall last occur, and may thereafter be destroyed.
  5. Jury venire lists generated by a deputy commissioner of jurors for administrative use for a term of jury service shall be retained in paper or electronic medium for a period of one (1) year from the end of the jurors’ terms of service, at which time the lists may be destroyed.

B. [Reserved]

Attachment A to Hancock County, Ohio, Criminal Rules – Form No. CR-1, WRITTEN PLEA OF NOT GUILTY (adobe acrobat reader needed, click here to download)
Attachment B to Hancock County, Ohio, Criminal Rules, Motion for Intervention in Lieu of Conviction (adobe acrobat reader needed, click here to download)

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