Cleveland Law Library Weblog

April Changes Coming for Local Criminal Case Management

Starting on April 14, 2008, Cuyahoga County prosecutors and prisoners will have to follow new criminal case management rules. According to upcoming changes in Local Cuyahoga County Common Pleas Court Rule 23 on Criminal Case Management, prisoners in the Cuyahoga County jail who have been bound over to the grand jury must be released if they have not been indicted within 30 days. The exception to this new rule allows the Administrative Judge of the Common Pleas Court to grant the prosecutor additional time for good cause.  According to the Court's Press Release, comments on the new rule will be accepted until April 7th. Click here to search all of the Court's current Local Rules.

New Superintendence Rules for Ohio

Per the Court's Press Release, the Ohio Supreme Court amended Rules 19 and 19.1 of the Ohio Rules of Superintendence, effective March 1, 2008. For the 1st time, Rule 19 provides a minimum rule for magistrates' years in practice. Specifically, Rule 19 requires that magistrates be engaged in the practice of law for at least 4 years and be in good standing with the Ohio Supreme Court at the time of their appointment. Rule 19.1 makes it mandatory for all municipal courts with more than two judges to appoint one or more magistrates to hear specific proceedings. Click here to read the text of the Rule amendments.

Changes to Ohio Gov.Bar Rules

Amendments to Gov.Bar R. I, II, IX and XI have been adopted, effective May 1, 2007.  Amendments to Gov.Bar R. XVI have been adopted, effective April 30, 2007.  The text of the new rules is available at the Ohio Supreme Court's website: Rules for the Government of the Bar of Ohio .

Per Rick Dove, Director of Attorney Services at the Ohio Supreme Court:

"The amendments to Gov. Bar R. XVI eliminate the Committee on Lawyer Referral and Information Services, incorporate in that rule the provisions of former DR 2-103(C) and (D) governing the operation of referral services and prepaid legal plans, and incorporate into GBR XVI the provisions of the former regulations adopted by the Committee on Lawyer Referral and Information Services.



The changes to the admissions-related rules (Gov. Bar R. I, II, IX, and XI) are a combination of "clean-up" revisions necessitated by the transfer of bar admissions responsibilities from the clerk's office to the Attorney Services Division and some changes to Gov. Bar R. I proposed by the Board of Commissioners on Character and Fitness and published for comment late last year.  The substantive changes appear in GBR I, Section 2(G) [setting a time when registration applications are considered to be withdrawn], GBR I, Section 3(G) [requirement that certain applicants file a supplemental character questionnaire], GBR I, Section 7(A) [deadline for filing reexamination applications], GBR I, Section 9(G) [withdrawal of admission without examination applications], and GBR I, Section 12(A) & (B) [clarifying procedures for filing an appeal with the Board of Commissioners on Character and Fitness]."

Text of Amendments to the Sentencing Guidelines

Here is the text of the: Amendments to the Sentencing Guidelines, which will be effective Nov. 1, 2007.  See our prior post:  Federal Sentencing Commission Votes for Guideline Amendments.

Supreme Court Approves Federal Rule Changes

The U.S. Supreme Court approved the following new rules and rule amendments:

• Appellate Rule 25;
• Bankruptcy Rules 1014, 3007, 4001, 6006, and 7007.1, and proposed new Rules 6003, 9005.1, and 9037;
• Civil Rules 4, 5.1, 9, 11, 14, 16, 26, 30, 31, 33, 34, 37, 40, 45, 50, 71.1, and 78; Comprehensive Restyle Civil Rules 1-86; Restyle Illustrative Civil Forms; and new Civil Rule 5.2; and
•Criminal Rules 11, 32, 35, 45, and new Rule 49.1. (The Supreme Court also approved a recommendation to abrogate the Model Form for Use in 28 U.S.C. § 2254 Cases Involving a Rule 9 Issue in the Appendix of Forms to the Rules Governing Section 2254 in the United States Courts.)

These rules will go into effect on Dec. 1, 2007, unless Congress rejects or modifies them. See Supreme Court Action: Amendments Approved 4/30/07.  For the text of the amendments, and a summary of proposed amendments, go to Proposed Amendments Approved by Supreme Court (April 2007) on the Federal Courts webpage. 

Updated ND Ohio Rule on Criminal Assignment Decks

The federal Northern District of Ohio Loc.R. 57.12 regarding criminal assignment decks has been updated effective April 12, 2007.  The rules now have a third category for capital cases, which are to be given priority over other cases.    Updated Rule: Criminal Rule 57.12, Preparation of Assignment Decks : 

Second Public Comment Period on Proposed 2007 Ohio Rule Changes

The Ohio Supreme Court issued for the second public comment period Proposed 2007 Amendments to the Ohio Rules of Civil Procedure (Rules 10 and 86), Ohio Rules of Criminal Procedure (Rules 10, 43 and 59) and Ohio Rules of Evidence (numerous - to incorporate gender neutral language).  Comments are due by March 7, 2007. 

The proposed rules clarify what is good cause for an extension of time for an affidavit of merit in a medical malpractice case under  Civ. R. 10(D)(2).  The rules also allow for the use of videoconferencing in criminal cases.  Crim R. 10 and 43. 

See our prior post:  Proposed Ohio Civil, Criminal and Evidence Rules ( re. first public comment period). 

ND Ohio New Local Rule on Deposits

New Northern District of Ohio Loc.R. 67.1 , effective 1/1/2007, provides that when a party seeks to deposit money with the court, they should submit a "Order of Deposit and Investment" form, as set out in new Appendix D.   Prior to filing the proposed order, the party should contact the Financial Deputy in Cleveland.  A contact phone number is provided. 

Proposed Amendments to Cleveland Housing Court Rules

This post is courtesy of the Cuyahoga County Bar Association, Law & Fact Lite:

The Cleveland Municipal Court, Housing Division, has proposed amendments to its local rules.  To view the proposed changes Download housingcourtrules.pdf.   Changes concern the release of lis pendens; delay of scheduling when there is service by publication and new rules for complaints amended to include a cause of action for foreclosure.

Comments on the rules can be made to Chief Magistrate Barbara Reitzloff through Jan. 19, 2007 via email: reitzloffb@clevelandmunicipal court.org.   

Ohio Supreme Court Requires One Scan Ready Copy

Effective Feb. 1, 2007, if a document is filed with the Ohio Supreme Court, one of the copies required must be "scan ready".   The document must be one-sided and must not be stapled or bound.  The document can be held together by a clip or rubber band.   See Rules of Practice of the Ohio Supreme Court, Rule VIII, Section 5, Number and Form of Copies.  Download ruleviiisect5amend_1225061.pdf