Local Rule 10

CRIMINAL ACTIONS

10.01 GRAND JURY ASSIGNMENTS

The two general trial division Judges of this Court shall alternately call, instruct, and handle the Grand Jury each four month session of the court term beginning January 1, May 1, and September 1 of each year. During this period the Assigned Judge will:

(A) accept the Grand Jury report;

(B) set bonds up to and including arraignment;

(C) preside at arraignments;

(D) assign pretrial date;

(E) hear cases proceeding upon information;

(F) assign cases by lot as required by Supt. Rule 36(B)(1);

(G) remand misdemeanor cases to the Miami County Municipal Court;

(H) accept and take all guilty pleas, if appropriate, at the time of arraignment.

10.02 BOND AND ARRAIGNMENT

In cases of delayed service or unavailability of a defendant indicted during said four month session, the Assigned Judge will continue to fix bond, arraign and assign pretrial dates for such defendants when served or available.

10.03 COMPANION CASES

Companion criminal cases shall be assigned to the same Judge. Likewise, cases in which a party is charged with a subsequent criminal offense, and is on a community control sentence, shall be assigned to the Trial Judge handling the original charge. When any two or more felony cases against one party are pending at the same time both or all cases shall be assigned to the judge with the lowest case number assigned by the Clerk of Courts.

10.04 ABSENCE OR DISABILITY OF JUDGE

In the absence or disability of the Assigned Judge, the functions set forth in Rule 10.01 above, may be carried out by any other available and qualified Judge.

10.05 APPREHENSION ON WARRANTS

Whenever a person is apprehended by the Sheriff of Miami County, Ohio, upon a bench warrant or upon warrants belatedly served after arraignments from a particular Grand Jury return have taken place, both the Sheriff and the Clerk of this Court shall immediately notify the Administrative Judge of such apprehension in writing.

10.06 EXPUNGEMENT

If the Court grants the expungement of a criminal record under Section 2953.32(C), the Clerk of this Court shall forward copies of the order granting expungement to the parties designated in a praecipe submitted by the applicant.

10.07 BAIL AND BOND

Unless otherwise specifically ordered by the Court, all monies for bail shall be deposited in the name of the defendant only.

10.08 AUTHORITY OF PROSECUTOR FOR NOTICE REQUIREMENTS

The Miami County Prosecuting Attorney is designated by the Court of Common Pleas to serve and provide all notices to the victim and/or the designated victim representative as required within Ohio Revised Code Chapter 2930 on behalf of the Miami County Court of Common Pleas.