Local 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 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.
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.
Motions for Expungement shall be scheduled before the ownership Judge. If there is not a current ownership Judge, Expungements shall be scheduled before the most recent ownership Judge. (Effective 6/1/2016).
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
*Evictions
*Garnishments & Garnishment Citations
*Small Claims
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.
The Room A/Duty judge shall be responsible for search warrants from 4 PM Friday to 4 PM the following Friday, including weekends and holidays. In addition, the Room A/Duty judge shall be responsible for setting 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 Room A/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/Duty judge shall be responsible for setting bonds from 4 PM Friday to 4 PM the following Friday.
7.04 DISPOSITION OF COMPANION FELONY AND MISDEMEANOR CASES
Generally felonies will be set for Grand Jury Report.
At the request of the prosecutor and upon a finding of probable cause, misdemeanors related to felonies may be; (A) referred to the Court of Common Pleas (County Cases Only), (B) split off and referred to the Assignment Commissioner for assignment to an individual judge pursuant to Local Rule 7.02, (C) disposed of pursuant to a guilty or no contest plea, or (D) dismissed.
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.
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.
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 September 30, 2013)
(A) Establishment of Mental Health Court Docket – Recognizing that offenders with severe mental illness pose a special challenge to the criminal justice system, the Court has created a Mental Health Docket, in accordance with the requirements set forth in Sup.R 36.20 through 36.29, with the intent of protecting the community by reducing the recidivism of these offenders by improving and expediting the delivery of services through intense supervision and treatment.
Judges assigned to the Mental Health Court Dockets shall be determined by the Joint Session of the Municipal Court.
(B) Placement in the Mental Health Court Docket –A referral may be initiated by a judge, Pretrial Services, defense attorney, prosecuting attorney, or probation officer. The formal referral process initiates upon an Order from a Hamilton County Municipal Court Judge for “Mental Health Court Assessment”. Each Judge has a pre-printed order available in the courtroom. The order states that the Court Clinic shall complete a clinical assessment of a defendant for their suitability for the Mental Health Court program. The order shall provide at least 30 days for the assessment to be complete.
The written legal and clinical eligibility criteria do not create a right to enter the specialized docket, but rather, provide guidelines for the discretion of the Judge.
Legal Eligibility:
- Misdemeanor level offense with prosecutorial and victim consent are preliminarily eligible.
- Defendant must enter a guilty plea or; Participants, if eligible, may complete the program as an Intervention in Lieu of Conviction. If the participant is not eligible for Intervention in Lieu of Conviction, they shall complete the program on a standard Community Control.
- No significant history of violence (reviewed by MHC Prosecutor, Judge and MHC Team)
- All criminal histories reviewed by prosecutor.
- A case may be accepted at multiple points of case processing including:
Pre - Plea, Post - Conviction, or a Violation of Probation
- Must be a resident of Hamilton County - - both currently and at the time of the offense.
- Exclusions: NGRI, Incompetent to Stand Trial, any history of sex offenses involving the use or threatened use of weapons (significant history of weapons offenses), persistent offending that is not mental health driven.
Clinical Eligibility
- Axis I Diagnosis of Schizophrenia; Schizoaffective Disorder; Bipolar Disorder; or Major Depressive Disorder, Recurrent
- Must also be appropriate for intensive case management services and treatment. This means that an individual may have a “qualifying diagnosis” but not be appropriate for the program’s treatment services
- Must have the cognitive ability to understand and voluntarily participate in mental health service plan
(C) Case Assignment in Multi-judge Court – The Mental Health Docket consists of two dockets, with two separate judges. If the referred defendant is found eligible, the Court Monitor shall be responsible for attending the “Report” date in front of the referring Judge. The Court Monitor shall consult the attorney, defendant and referring Judge to confirm the decision to transfer the case to the Mental Health Court Docket. The referring Judge shall sign an Entry Transferring Case to the Mental Health Court Docket and the Court Monitor shall be responsible for filing the Entry and setting a date in front of the Mental Health Court Docket. The case shall be transferred randomly by the Assignment Commissioners office. The Court Monitor shall provide the defendant with a date to report to the appropriate Mental Health Court Docket. Should a defendant subsequently decide not to participate or unsuccessfully terminates the program, the case shall remain on the regular docket of the Mental Health Court Judge.
(D) Mental Health Court Docket Case Management –Upon admission to the Mental Health Court Docket, each participant shall be registered for services through the primary case management agency. An initial treatment plan shall be created by the primary case management agency, Court Clinic Mental Health Assessment recommendation, and the participant. Services, including mental health treatment, medication, psychiatric consultation, substance abuse, and community support services shall be available upon admission to the Mental Health Court Docket. The policies regarding treatment planning, provided services, treatment compliance, and program admission, are contained in the Mental Health Court Program Description, Handbook, and Participation Agreement, and incorporated by reference. All individuals who have their cases assigned to a Mental Health Court Judge shall have any subsequent cases assigned to the Mental Health Court Judge per Administrative Rule 7.
(E) Termination from Mental Health Docket –
There are two types of termination classification used by the Mental Health Court, unsuccessful discharge and neutral discharge. The Judge has final discretion to decide termination from the Mental Health Court in accordance with the written criteria. The treatment team shall advise the Judge on these decisions.
Unsuccessful Discharge:
Criteria:
- Ongoing noncompliance with treatment or resistance to treatment plan.
- New serious criminal conviction.
- A serious probation violation or series of probation violations.
- A serious infraction of the Mental Health Court participant contract.
Result of Unsuccessful Discharge:
- Loss of future eligibility for the Mental Health Court
- Further legal action, including revocation of Intervention in Lieu of Conviction, motion for probable cause, or probation violation.
- Depending on the circumstances, the participant may be subject to jail, or other penalties.
- Should the defendant remain on probation, the defendant shall be transferred to the regular criminal docket of the Mental Health Court Judge, assigned probation officer and continued under the terms of probation.
- An unsuccessful discharge from the Mental Health Court program shall not mean a discharge from appropriate mental health, substance abuse, or other programming available to a qualified defendant.
Neutral Discharge
Criteria:
- A serious medical condition resulting in inability to participate in program requirements
- Serious mental health condition resulting in inability to participate in program requirements
- Death
- Choice to voluntarily withdrawal from the program prior to completion of a plea and signing of the Mental Health Court Participation Agreement
- Other factor that may keep the participant from meeting the requirements for successful completion
Result of Neutral Discharge:
- Defendant is returned to the regular criminal docket of the Mental Health Court Judge for regular case processing.
- Defendant shall have the right to request new representation other than the representation of the assigned Mental Health Court Defense Attorney.
- Should the defendant wish to be admitted in the future to the Mental Health Court, the treatment team and Judge shall review closely (final discretion is with the Judge).
RULE 7.13 VETERAN'S TREATMENT COURT (Effective September 30, 2013)
(A) Establishment of Veterans’ Treatment Docket –Recognizing that United States Veteran offenders with mental illness, substance abuse, and/or trauma related injuries pose a special challenge to the criminal justice system, the Court has created a Veterans’ Treatment Docket, in accordance with the requirements set forth in Sup.R 36.20 through 36.29, with the intent of protecting the community by reducing the recidivism of these offenders by improving and expediting the delivery of services through intense supervision and treatment. The Judge assigned to the Veteran’s Treatment Court Docket shall be determined by the Joint Session of the Municipal Court
(B) Placement in the Veterans’ Treatment Docket –Referrals may be made formally and informally from many sources, including: Judges, Attorneys, Prosecutors, Case Managers, self-referral, police officers, Pretrial Services, probation officers, jail staff, or others. An informal referral may consist of a phone call or discussion with any member of the Veterans’ Treatment Court team. The team shall pass along referral information to the Program Coordinator from all sources.
The formal referral process initiates upon a request from a Hamilton County Municipal Court Judge for Veterans’ Treatment Court Assessment. Each Judge has a pre-printed referral available in every courtroom. The referral states that the Veterans’ Treatment Court Team shall complete an assessment of a defendant for their suitability for the Program. The request shall provide at least 30 days for the assessment to be complete.
The written legal and clinical eligibility criteria do not create a right to enter the specialized docket, but rather, provide guidelines for the discretion of the Judge.
Legal Eligibility:
- All misdemeanor charges shall be reviewed by the Prosecutor, Judge, and Admission Team for eligibility.
- A case may be accepted at multiple points of case processing including: Pre-Plea, Post-Conviction, or Violation of Probation.
- Participants are required to plead guilty as charged.
- Participants, if eligible, may complete the program as a diversion (final decision rests with the Prosecutor). If the participant is not eligible for Diversion, they shall complete the program on a standard community control.
- No history of serious or repetitive violence (reviewed by VTC Prosecutor and MHC Team)
Exclusions:
- NGRI, Incompetent to Stand Trial, any history of sex offenses, offenses involving the use or threatened use of weapons (significant history of weapon offenses), or persistent offending that is not related to a treatment need.
- Participants must be a United States Veteran.
Clinical Eligibility
- Preference is given to individuals with a demonstrated trauma related injury such as Post Traumatic Stress Disorder or Traumatic Brain Injury.
- Must have need for intensive treatment related to substance use and/or mental illness.
- Must have cognitive ability to understand and voluntarily participate in Veterans’ Treatment Court.
(C) Veterans’ Treatment Docket Case Management –Upon admission to the Veterans’ Treatment Docket, each participant shall be registered for services through the primary case management agency, the VA Veterans Justice Outreach Program. An initial treatment plan shall be created by the primary case management agency and the participant. Services, including mental health treatment, medication, psychiatric consultation, substance abuse, and community support services shall be available upon admission to the Veterans’ Treatment Court Docket. The policies regarding treatment planning, provided services, treatment compliance, and program admission, are contained in the Veterans’ Treatment Court Program Description, Handbook, and Participation Agreement, and incorporated by reference. Should a defendant subsequently decide not to participate or unsuccessfully terminates from the program, the case shall remain on the regular docket of the Veterans’ Treatment Court Judge. All individuals who have their cases assigned to the Veteran’s Treatment Court Judge shall have any subsequent cases assigned to the Veteran’s Treatment Court Judge per Administrative Rule 7.
(D) Termination from Veterans’ Treatment Docket -- There are two types of termination classification used by the Veterans’ Treatment Court, unsuccessful discharge and neutral discharge. The Judge has final discretion on decisions concerning termination and classification of termination. The treatment team shall advise the Judge on these decisions.
Unsuccessful Discharge:
Criteria:
- Ongoing noncompliance with treatment or resistance to treatment plan.
- New serious criminal conviction.
- A serious probation violation or series of probation violations.
- A serious infraction of the Veterans’ Treatment Court participant contract.
Result of Unsuccessful Discharge:
- Loss of future eligibility for the Veterans’ Treatment Court.
- Further legal action, including revocation of Intervention in Lieu of Conviction, motion for probable cause, or probation violation.
- Depending on the circumstances, the participant may be subject to jail, or other penalties.
- Should the defendant remain on probation, the defendant shall be transferred to the regular criminal docket of the Veterans’ Treatment Court Judge, assigned probation officer and continued under the terms of probation.
- An unsuccessful discharge from the Veterans’ Treatment Court program shall not mean a discharge from appropriate mental health, substance abuse, or other programming available to a qualified defendant. Discharge shall have no effect on access to VA services.
Neutral Discharge
Criteria:
- A serious medical condition resulting in inability to participate in program requirements.
- Serious mental health condition resulting in inability to participate in program requirements.
- Death
- Choice to voluntarily withdrawal from the program prior to completion of a plea and signing of the Veterans’ Treatment Court Participation Agreement.
- Other factor that may keep the participant from meeting the requirements for successful completion.
Result of Neutral Discharge:
-
- Defendant is returned to the regular criminal docket of the Veterans’ Treatment Court Judge for regular case processing.
- Defendant shall have the right to request new representation other than the representation of the assigned Veterans’ Treatment Court Defense Attorney.
- Should the defendant wish to be admitted in the future to the Veterans’ Treatment Court, the treatment team and Judge shall review closely (final discretion is with the Judge).
RULE 7.14 CHANGE COURT (Effective May 17, 2016) (Revised April 23, 2022)
(A) Establishment of Prostituted Person docket - Recognizing that offenders charged with prostitution, loitering, soliciting, and related offenses pose a special challenge for the criminal justice system, the court has created a Prostituted Persons' Treatment Docket (hereinafter referred to as CHANGE Court,) in accordance with the requirements set forth in Sup. R. 36.20 through 36.29. The intent of CHANGE Court is to protect the community and the program participants by reducing recidivism of these offenders, by improving the delivery of services through intensive supervision and treatment.
The judge assigned to CHANGE Court shall be determined by the Joint session of the Municipal Court
(B) Placement into CHANGE Court - Referrals may be made formally or informally from various sources, including: Judges, Defense Attorneys, Prosecutors, Case Managers, Self referral, police officers, Pretrial Services, Probation Officers, Jail Staff and others. An informal referral may consist of a phone call or discussion with any member of the CHANGE Court team. CHANGE Court team members will submit the referral information to the Court Coordinator. CHANGE Court candidates who are not yet represented by an attorney may be approached by a team member and educated about the program. If an offender is represented by an attorney, the team will first contact the assigned attorney for approval before approaching the defendant. If a CHANGE Court candidate expresses a possible interest in the program, they will be invited to observe several CHANGE Court sessions. Their case(s) remain as scheduled with their regularly assigned judge, and they are not waiving their speedy trial rights. If the candidate indicates that they want to participate in CHANGE, the Court Coordinator shall prepare an Entry of Transfer for the assigned Judge and Presiding Judge to sign and move the case(s) to the CHANGE Court docket. If however the potential candidate declines CHANGE, the case(s) will remain with the assigned Judge.
Legal Eligibility
- Any current Hamilton County charge with an arrest history of prostitution, loitering or solicitation.
- A misdemeanor case is transferred to CHANGE Court via Administrative Entry.
- A felony case is transferred to CHANGE Court via the Common Pleas judge's sentencing Entry, ordering a defendant to (voluntarily) comply with CHANGE Court under a transfer of probation supervision to CHANGE Court.
- If it is determined that a defendant with a current Hamilton County charge also has open charges in courts from adjacent jurisdictions, then CHANGE Court may accept transferred supervision based on the referring court's sentencing Entry, making it a condition of that court's Community Control that the defendant (voluntarily) complies with CHANGE Court.
- A case may be accepted at multiple points in the system, including arraignment, pre plea, post- conviction, mitigation of Jail Rewards, or probation violation.
- Participants must enter a guilty plea.
- Participants may be eligible for expungement or TILC after successful completion of the program (final decision rests with the Prosecutor or referring judge in cases of transferred supervision.)
- All participants shall complete the program as a two-year Intensive Supervision Probation.
- All criminal histories reviewed by Prosecutor and treatment team.
- Must be a resident of Ohio at time of residential treatment.
The written legal eligibility criteria do not create a right to enter the specialized docket, but rather, provide guidelines for the discretion of the judge.
Exclusions
NGRI, Incompetent to Stand Trial, significant history of weapons offenses, (Other F-1 and F2 charges are eligible by discretion,) or persistent offending that is not related to a treatment need.
Clinical Eligibility
Must have the cognitive ability to understand and voluntarily participate in CHANGE Court.
Must be appropriate for intensive supervision probation and case management services and treatment.
(C) CHANGE Court Docket Case Management - Upon admission to CHANGE Court, an initial treatment plan shall be created by the primary treatment provider and the participant. The court may also request a Court Clinic Mental Health Assessment. Services, including mental health treatment, medication, psychiatric consultation, substance abuse, residential treatment, and community support services shall be available upon admission to CHANGE. The policies regarding treatment planning, provided services, treatment compliance, and program admission, are contained in the CHANGE Court Program Description, Handbook, and Participation Agreement, and incorporated by reference. All persons who have their cases assigned to the CHANGE Court judge shall have any subsequent misdemeanor cases assigned to the CHANGE Court judge per Administrative Rule 7.
(D) Termination from CHANGE Court - -there are three types of termination classification used by CHANGE Court, successful termination (Graduation), Unsuccessful discharge and Neutral discharge. The judge has final discretion on decisions concerning termination and classification of termination. The treatment team shall advise the judge on these decisions.
Successful Termination:
Criteria:
Substantial compliance through all Phases of program; no outstanding monies or community service; substantial period of sobriety; maintain stable housing; engaged in a job or education; engagement with sponsor and sober network; complete an aftercare plan. They will graduate from the program, and be eligible for consideration of sealing of record/TILC.
Unsuccessful Discharge:
Criteria:
- Ongoing noncompliance with treatment or resistance to treatment plan
- New serious criminal conviction
- A serious probation violation or series of probation violations
- A serious infraction of the CHANGE Court Participation Agreement
Result of Unsuccessful Discharge:
- Possible loss of future eligibility for CHANGE Court
- Further legal action, including revocation of Intervention in Lieu of Conviction
- Depending on the circumstances, the participant may be subject to jail, or other penalties
- Should the defendant remain on probation, the defendant shall be transferred to the regular criminal docket of the CHANGE Court judge, assigned a probation officer, and continued under the terms of probation
An unsuccessful discharge from CHANGE Court shall not mean a discharge from appropriate mental health, substance abuse or other programming available to a qualified defendant.
Neutral discharge:
Criteria:
- A serious medical condition resulting in inability to participate in program requirements
- Serious mental health condition resulting in inability to participate in program requirements
- Death
- Choice to voluntarily withdraw from the program prior to completion of a plea and signing of the CHANGE Court Participation Agreement
Other factors that may keep the participant from meeting the requirements for successful completion
Result of Neutral Discharge:
- Defendant is returned to the regular criminal docket of the CHANGE Court judge for regular case processing
- Defendant shall have the right to request new representation other than the representation of the assigned CHANGE Court Defense Attorney(s)
- Should the defendant wish to be admitted in the future to CHANGE Court, the treatment team and judge shall review that request closely, with the final decision in the judge’s discretion.
RULE 7.15 RECOVERY DOCKET (Effective March 22, 2023)
(A) Establishment of a Recovery Court Docket – Recognizing that offenders charged with certain misdemeanor offenses, with a specific or underlying element of substance abuse, and whose continued appearances before the Court pose a special challenge for the criminal justice system, the Court hereby creates the Municipal Court Recovery Docket as a pilot program. The intent of the Recovery Docket is to reduce recidivism, address substance abuse needs, and improve the quality of life for participating defendants by providing wrap around services, primarily through outpatient treatment. The judge assigned to the Recovery Docket shall be determined by the Joint Session of the Municipal Court.
(B) Placement in the Recovery Docket – A referral may be initiated by judge, Pretrial Services, defense attorney, prosecuting attorney, probation officer, self-referral, or others. Placement of defendants on the Recovery Docket will focus on individuals who are charged with misdemeanors of the first or second degree, have multiple prior contacts with the criminal justice system and have current substance abuse issues. Pretrial Services will complete the Ohio Risk Assessment System (ORAS) Pretrial Assessment Tool to identify areas of risk. Participation is voluntary.
The written legal and clinical eligibility criteria do not create a right to enter the Recovery Docket, but rather provide guidelines for the discretion of the Judge.
LEGAL ELIGIBILITY:
- Defendant must be a resident of Hamilton County
- Focus on defendants charged with First- or Second-Degree Misdemeanor charges.
- Presenting charges must be determined to be a result of the individual’s substance use disorder.
- Defendant is likely to be incarcerated at adjudication of the current offense.
- The defendant may not have pending charges in another court or jurisdiction that have not been resolved prior to application; unless an agreement has been established with the other court or jurisdiction that they will abide by the Recovery Court’s plan.
- Defendant’s present offense may not be an offense of violence.
CLINICAL ELIGIBILITY:
- Defendant must complete an assessment that determines that they are diagnosed with a substance abuse disorder.
- Defendant acknowledges a problem with substance use and is willing to address the issue.
- Defendant is cognitively able to give informed consent to participation.
- Defendant is not more appropriately assigned to another Specialized docket in the Hamilton County Municipal Court.
(C) Recovery Docket Case Management – Upon admission into the Recovery Docket each defendant will be assigned a Peer Recovery Coach through Talbert House at the earliest possible contact in the process. Engagement with the Peer Recovery Coach, Recovery Docket Coordinator and/or a clinical assessment must occur within two weeks post arraignment and a treatment plan will be created for each individual accepted into the Recovery Docket.
(D) Termination from the Recovery Docket – There are three types of termination classifications from the Recovery Docket; Successful Discharge, Unsuccessful Discharge and Neutral Discharge.
The Recovery Court Judge has final discretion to determine termination from the Recovery Docket in accordance with written criteria.
Successful Termination:
Criteria:
- Demonstrated period of abstinence from alcohol and drugs, evidenced by submitting negative alcohol and drug screens for a substantial period prior to graduation.
- Demonstrated compliance with treatment programs and medication compliance as required.
- Improved symptom identification and management.
- Displayed change in thinking, attitude and beliefs.
- Displayed use of sober network to provide support when treatment team is not available.
- Maintained consistent employment if required by treatment plan.
- Maintained stable independent housing if required by treatment plan.
- Identification of completion of a treatment plan to continue after program completion.
- Paid off all monies owed; or if indigent or otherwise unable to pay court-ordered monies, completed community service in lieu of court-ordered monies.
Termination by Unsuccessful Discharge:
Criteria:
- Ongoing non-compliance with treatment or resistance to treatment plan.
- New serious criminal conviction.
- Serious probation violation or series of probation violations.
- Serious infraction of the Recovery Docket participant agreement.
Result of Termination by Unsuccessful Discharge:
- Depending on circumstances, the defendant may be subject to incarceration and/or other penalties.
- Should the defendant remain on probation, the defendant will be transferred to the regular criminal docket of the Recovery Docket Judge, assigned a different probation officer and continued under the terms of probation.
- An unsuccessful discharge from the Recovery Docket shall not mean a discharge from appropriate mental health, substance abuse or other programming to a qualified defendant.
- Defendant will not be discharged solely on the basis of failing to pay in full or work off in full court-ordered monies.
Termination by Neutral Discharge:
Criteria:
- Serious medical condition resulting in the inability to participate in program requirements.
- Serious mental health or substance use condition resulting in the inability to participate in program requirements.
- Choice of voluntary withdrawal from the program prior to completion of a plea and signing of the Recovery Docket Participation Agreement.
Result of Termination by Neutral Discharge:
- Defendant’s case shall be transferred to the regular docket of the Recovery Docket Judge or returned to the regular docket of the judge from which it was referred.
(Termination Hearing:
The Recovery Court Judge shall not terminate a defendant from the program without providing notice of intent to terminate, a hearing, and attorney representation. The Recovery Court Judge will provide the defendant the same due process protections as any other person would receive for a community-control/probation violation hearing.)
Local 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.