AMCJO Bench Book

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AMCJO Bench Book 2 2019 AMCJO Bench Book A QUICK REFERENCE GUIDE FOR MUNICIPAL & COUNTY COURT JUDGES AMCJO BENCH BOOK COMMITTEE AMCJO JUDICIAL PRACTICE & PROCEDURE COMMITTEE TABLE OF CONTENTS Introduction ................................................................................................................................................................... 2 Bail Bonds ...................................................................................................................................................................... 3 Misdemeanor Arraignments ........................................................................................................................................ 14 Fingerprint Requirements............................................................................................................................................ 17 Felony Arraignments ................................................................................................................................................... 18 Non-Citizen Procedures ............................................................................................................................................... 20 Rule 4(E) Hearing-Out of county warrants .................................................................................................................. 22 Extradiction .................................................................................................................................................................. 24 Pleas by the Pro Se Defendants ................................................................................................................................... 25 Pretrial Motions: A Procedural Guide to Types, Authorities and Remedies................................................................ 26 Speedy Trial ................................................................................................................................................................. 33 Search Warrants .......................................................................................................................................................... 36 Warrantless Arrest Procedures ................................................................................................................................... 40 Recusal/Disqualification of Judge ................................................................................................................................ 42 Assigned and Acting Judges ......................................................................................................................................... 46 Sealing Records ............................................................................................................................................................ 49 Judicial Notice .............................................................................................................................................................. 52 Contempt of Court ....................................................................................................................................................... 54 Mental Condition of The Defendant ............................................................................................................................ 56 Sovereign Citizens ........................................................................................................................................................ 58 Domestic Violence ....................................................................................................................................................... 60 Victim Rights ................................................................................................................................................................ 73 Misdemeanor Sentencing ............................................................................................................................................ 75 Jury Trial Preparation .................................................................................................................................................. 82 Summoning Jurors ....................................................................................................................................................... 85 Jury Examination and Selection ................................................................................................................................... 88 Jury Deliberations and Verdict .................................................................................................................................... 93 Small Claims ................................................................................................................................................................. 98 Media in The Courtroom ........................................................................................................................................... 102 Dormant Judgments and Revivor .............................................................................................................................. 104 Replevin ..................................................................................................................................................................... 107 Order For Examination of Judgment Debtor (“Debtor’s Exam”) ............................................................................... 111 Writ of Execution/Levy of Personal Property/Attachment ....................................................................................... 113 1 | P a g e Judgment Liens on Real Property .............................................................................................................................. 116 Appointment of Trustee to Avoid Garnishment of Personal Earnings ...................................................................... 118 Vexatious Litigators ................................................................................................................................................... 120 INTRODUCTION For many years, Judge Lee McClelland chaired the Bench Book Committee and served as editor and compiler of all the content and forms submitted by municipal and county judges throughout the State of Ohio. In 2016, Judge Mel Kemmer undertook the current revision of the Bench Book in conjunction with the Judicial Practice and Administration Committee. Our thanks are extended to the following judges for making the continuation of the Bench Book possible. Judge Lee McClelland- Past Chairman Judge Mel Kemmer- Bench Book Committee Chairman Judge Deborah Nicastro- Judicial Practice and Administration Committee Chairperson Pinkey Carr Toni Eddy Harry Field William Grimm Robert Hart Thomas Januzzi DISCLAIMER This Bench Book does not purport to define best practices for municipal and county court judges; does not constitute a comprehensive discussion of topics discussed; and may not be considered an authoritative statement on any topic discussed. The AMCJO’s purpose in creating this Bench Book is to give judges a quick reference for select topics and a starting point for more exact research. 2 | P a g e BAIL BONDS SCOPE At the time of the writing of this article in 2018, bail bonds and pretrial detention are being vigorously debated in Ohio, but no statutory changes have been made. This article was originally published in 2010 and reflects the current law regarding this subject. If pending legislation is adopted, this article will be updated. REFERENCES Ohio Constitution Article I § 9 ORC Chapter 2937 Ohio Criminal Rules 46 and 47 OHIO RULES OF CRIMINAL PROCEDURES CONTROL Citizens in Ohio enjoy a constitutional right to bail and are denied this right only in capital cases, or in felony cases where the defendant likely poses a substantial risk to public safety. Although numerous provisions in the Ohio Revised Code address the determination of bail in various ways, the Ohio Supreme Court makes clear that the provisions of the Ohio Rules of Criminal Procedure control in the event of conflict. State v. Silcott (1990), 50 Ohio St.3d 110, 552 N.E.2d 926. THE BASICS OF BAIL AND RECOGNIZANCE BONDS AVAILABLE FORMS OF BAIL 1. Ohio Constitution: Art. I § 9: Bail; Cruel and unusual punishments a. All persons shall be bailable by sufficient sureties, EXCEPT: i. For a person who is charged with a capital offense where the proof is evident or the presumption great ii. For a person who is charged with a felony where the proof is evident or the presumption great and where the person poses a substantial risk of serious physical harm to any person or to the community. b. Where a person is charged with any offense for which the person may be incarcerated, the court may determine at any time the type, amount, and conditions of bail. c. Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishments inflicted. d. The General Assembly shall fix by law standards to determine whether a person who is charged with a felony where the proof is evident or the presumption great poses a substantial risk of serious physical harm to any person or to the community e. Procedures for establishing the amount and conditions of bail shall be established pursuant to Article IV, Section 5(b) of the Constitution of the state of Ohio. 2. Criminal Rules: a. Personal recognizance of the accused or an unsecured bail bond.
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