Rule 4. Criminal Practice

• 4.01 Initial Appearance in Criminal Misdemeanor Arraignment and Felony Preliminary Hearing Sessions

  1. Information required to file a criminal complaint—The Clerk of Court shall not accept any criminal complaint for filing unless it is accompanied by the completed information form prescribed by the court.
  2. Time- Except in the case of minor misdemeanor cases where no arrest is made, a criminal complaint, as well as other charging documents, and the case information sheet required by subsection A) of this rule, shall be submitted to the Clerk of Court no later than 12:00 a.m. of the morning that the case is to be scheduled for initial appearance, arraignment, or preliminary hearing.
     
     In the case of minor misdemeanor cases where a summons is issued in lieu of arrest, the complaint, as well as the other case information required by subsection (A) of this rule, shall be filed with the Clerk of Court by law enforcement no later than seven days prior to the scheduled appearance date which appears on the summons or ticket.
  3. Appearance on the docket- An individual arrested and jailed in lieu of bail on an outstanding warrant, and/or charged in a criminal complaint filed with the Clerk of Court prior to 12:00 a.m., midnight, on the day following arrest, shall appear on the initial appearance, arraignment, or preliminary hearing docket, as appropriate, on the next business day of court.
  4. Untimely filing of complaints- No complaint filed after 12:00 a.m. on a business day of court may be docketed for that day without the specific authorization of the judge or magistrate presiding over that docket, and for good cause shown.
  5. Consolidation of misdemeanor cases involving the same defendant- The Clerk shall immediately, upon receipt, time stamp and review all new criminal misdemeanor charges accepted for filing to determine if the defendant charged has any other outstanding warrants, capiases, or active criminal or traffic cases pending before a judge or magistrate of this court.
     
     New criminal misdemeanor charges filed with the Clerk, involving defendants with active criminal or traffic cases pending on the personal docket or dockets of one or more of the judges of this court, shall, upon the defendant’s entry of a “not guilty” plea, be assigned to the personal docket of the judge with the oldest active case pending before the court at the time the new charges are filed, pursuant to Local Rule 2.08(E).  Application of this section may be waived by the court for good cause shown.
  6. Individuals arrested and charged with misdemeanor offenses, who are eligible for station house release, or who post bail, shall have their initial appearance before the Court in Courtroom 3C according to the following schedule:
     
     

     Friday release		Tuesday appearance
     Saturday release		Wednesday appearance
     Sunday release		Thursday appearance

     On Monday holidays this schedule shall remain the same, except that those individuals arrested and charged with misdemeanor or traffic offenses and released by posting bond or station house released on Monday, shall appear on Friday of that same week.

  7. At arraignment the defendant, either on his or her own behalf or by and through counsel, may enter one of the following pleas:
     
     
     1. guilty
     2. not guilty
     3. no contest
     4. not guilty by reason of insanity

     A defendant, upon entry of a plea of “not guilty,” or “not guilty by reason of insanity,” may demand a jury trial (except in those instances where a minor misdemeanor has been charged).  Also, upon a plea of “not guilty,” the court shall inquire as to whether or not the defendant intends to waive the statutory right to a speedy trial.

  8. Upon a plea of “not guilty” or “not guilty by reason of insanity,” cases shall be assigned to the judge to whom the oldest pending case was previously assigned.
     
     
     1. If the defendant has a pending case or cases before a judge or judges of this court at the time that a subsequent not guilty or not guilty by reason of insanity plea is entered, the new case shall be assigned to the judge to whom the oldest pending case was previously assigned.
     2. For purposes of misdemeanor arraignment, probation cases shall be treated as though they were still pending.  Thus, the new case or cases of a defendant pleading not guilty to misdemeanor charges before this court, who at that time, is already on probation to a judge or judges of this court, shall be assigned to the individual personal docket of the judge to whom the oldest “pending” case is assigned.
  9. A defendant may elect to enter a “not guilty” plea in writing, without making a personal appearance before a judge or magistrate.
     
     
     1. All such pleas shall be entered with the Clerk of Court on the date scheduled for the defendant’s arraignment on the charge or charges.
     2. No pleas will be accepted by the Clerk of Court by telephone.
     3. Neither the Clerk of Court nor the court itself shall allow a defendant who is the subject of an active arrest warrant to utilize the provisions of this rule.
     4. Prior to the commencement of every misdemeanor arraignment session, the Clerk of Courts shall make “not guilty” plea forms available to those defendants who qualify to use the provision of this rule.
     5. “Not guilty” pleas tendered in accordance with the provisions of this rule shall immediately be assigned to the personal docket of a judge of this court, entered on the court’s electronic journal and noted on the court file.  The case shall be scheduled for either trial or pretrial and the defendant shall be handed in writing the name of the judge to whom the case is assigned, as well as the date and time of the next scheduled court appearance.
     6. All pleas tendered under this rule are subject to compliance with Criminal Rule 10(B).
  10. The court shall provide counsel to all indigent defendants facing the prospect of incarceration.
  11. Disposition of Minor Misdemeanor Cases where the Defendant has been arrested
      
      

      Minor misdemeanor offenses do not carry incarceration as a possible penalty.  Therefore, in those cases where an arrest is made for a minor misdemeanors pursuant to Revised Code §2935.26, because an arrestee could not be properly identified, refused to sign a citation or was unable to care for his/herself, law enforcement shall issue to the arrestee a citation.  Following processing, law enforcement shall inform the arrestee of the right to enter either a not guilty plea, or in the alternative, to waive the right to a court appearance and resolve the matter with the entry of a plea of guilty or no contest.

      If the arrestee chooses to enter a not guilty plea, law enforcement shall immediately allow him/her 1) to execute a “not guilty” plea form, 2) to be provided with the date and location for arraignment in the Cleveland Municipal Court, and 3) to be given stationhouse release immediately, pending initial appearance in court unless the arrestee is unable to care for him/herself or needs medical attention.  The citation and the plea shall be filed with the Clerk of Court by law enforcement no later than seven days prior to the scheduled appearance date which appears on the citation.

      If the arrestee chooses to enter either a guilty or no contest plea, law enforcement shall immediately allow him/her to 1) execute an appropriate waiver and plea form, and (2) be released immediately from custody upon execution of the waiver and plea form, unless the arrestee is unable to care for him/herself or needs medical attention.  The citation, waiver and plea forms shall be filed with the Clerk of Court by law enforcement for further disposition, no later than two days after a guilty or not contest plea is entered following a minor misdemeanor arrest.

      Additionally, even when persons are arrested pursuant to capias issued by the court for failure to appear to answer a minor misdemeanor offense citation, they shall, following processing, be informed of their right to enter a plea as stated above.  If held only on minor misdemeanor citations, an arrestee shall be afforded the opportunity to enter pleas pursuant to this order regardless of the number of minor misdemeanor offenses pending and regardless of the bond amount, if any.

      Finally, if a person is arrested pursuant to a time to pay capias then, the fine shall be satisfied at fifty dollars per day.  Multiple fines shall be satisfied concurrently.  Once fine is satisfied, arrestee should be released.

      In instances where a person is arrested pursuant to a capias, the capias shall be recalled by the Clerk of Court and the plea shall be journalized.

      Under no circumstances shall a defendant be held in custody on a minor misdemeanor beyond initial appearance before a judge or magistrate of this court.

• 4.02 Notifying Law Enforcement Agencies of Protection Order / Arraignment in Cases Charging Violation of a Temporary Protection Order

  Upon the issuance of a criminal temporary protection order by the court, pursuant to Ohio Revised Code Section 2919.26(E)(2), a Form 10.02A shall be completed by the court, served upon the parties and entered into the Law Enforcement Automation Data System for statewide dissemination. Form10.02A and a copy of the order shall be delivered to all law enforcement agencies that have jurisdiction to enforce the order.

  Consistent with the provisions of Rule 36(C)(2) of the Rules of Superintendence for the Courts of Ohio, when a defendant with a pending charge of Domestic Violence, Menacing by Stalking, or Aggravated Trespass, before this court, is subsequently charged with a violation of a temporary protection order, the new case shall be assigned to the same judge who is assigned to hear the pending case of Domestic Violence, Menacing by Stalking, or Aggravated Trespass.

  Any new charge of violation of a protection order, involving a defendant subject to the provisions of an active protection order pending before this court, and issued pursuant to RC 2919.27, RC 311.31, RC 2903.213, RC 2919.214 or a substantially similar municipal ordinance, shall upon a plea of not guilty, be assigned to the individual docket of the judge assigned to hear the original complaint that gave rise to the protection order, consistent with the provision of Rule 3(B)(2) of the Ohio Rules of Superintendence for Municipal and County Courts.

• 4.03 Misdemeanor Assignment Session

  The judge or magistrate assigned to Particular Session Three shall arraign all persons charged with criminal misdemeanor offenses in the General Division of this court, except as provided in Local Rule 4.06.  In addition, the judge assigned to Session Three shall hear and dispose of all criminal misdemeanor cases, where pleas of “guilty” or “no contest” are offered prior to assignment to the individual docket of a judge of the General Division of this court.  After the initial appearance on a criminal misdemeanor charge, requests for continuances within the session shall be made in accordance with Local Rule 3.04.  The Session Three judge shall also hear motions filed in criminal misdemeanor cases prior to individual case assignment that address defects in complaints, pursuant to Rule 12(B)(2) of the Ohio Rules of Criminal Procedure.

• 4.04 Individual Assignment to the Judge Assigned to Misdemeanor Arraignment Session

  The judge assigned to Session Three shall continue to his or her individual docket the following types of cases:
  
  

  1. those pending determination of the competence to stand trial of a defendant who has entered a plea of “not guilty by reason of insanity”
  2. those pending determination of eligibility for the Selective Intervention Program
  3. those pending completion of a pre-sentence investigation upon a plea of “guilty” or “no contest” with a finding of guilty

   

  For purposes of monthly reports to the Ohio Supreme Court, said cases shall be treated as having remained in Session Three.

• 4.05 Court Costs Assessed to the Case

  Pursuant to Rule 43(B) of the Rules of Superintendence for the Courts of Ohio and Ohio Revised Code Sections 2743.70 and 2949.091(A)(1), where an individual has been charged with more than one offense arising out of the same act, transaction, or series of acts or transactions, costs shall be assessed to the case number associated with the complaint, and not to the individual charges contained within the complaint bearing alphabetical identifiers associated with the case number.

  Where an individual has been charged with more than one waiverable offense arising out of the same act, transaction, or series of acts or transactions, the waiver amount shall be calculated by referring to Schedule B of these local rules.  The Clerk of Court shall deduct from the total amount paid, and transmit to the appropriate agencies, an amount equal to the court costs mandated by state law and/or local rule to be paid for the case as a whole, and not for the individual charges contained therein.

• 4.06 Felony Arraignment Initial Appearance / Preliminary Hearing Session

  The judge assigned to Session Four shall:
  
  

  1. Conduct initial appearances and preliminary hearings for all persons charged with the commission of felonies within the court’s jurisdiction, in compliance with the statutory time limits provided in the Ohio Revised Code.  After initial appearance, requests for continuances within session shall be made in accordance with Local Rule 3.04
  2. Hear all motions for protection orders in criminal cases appearing in the Particular Sessions of the General Division of this court, except as may otherwise be provided by special Administrative Court Order, and shall, where appropriate, set bail to accomplish any of the purposes or objectives of Crim. R. 46.
  3. Conduct arraignments for all cases where violations of RC 2919.25, RC 2919.27, RC 3113.31, RC 2903.213, RC 2903.214, or any substantially similar municipal ordinance are charged.  The Clerk shall, on a daily basis, create for Particular Session Four a separate docket to include and consolidate the arraignments and protection order hearings required by the provisions of this subsection.
  4. Set all bonds in cases where violations of RC 2919.25, RC 2919.27, RC 3113.31, RC 2903.213, RC 2903.214, or any substantially similar municipal ordinance are alleged, except as may be otherwise provided by Administrative Court Order.  In the event that the judge serving in Particular Session Four is not available to set bond, bond may be set by resort to the procedure set forth in Local Rule 4.04.

   

• 4.07 Continuances, Time-To-Pay, and Walk-Out Capias

  1. Generally
     

     Continuances allowed shall be to a date certain.  For purposes of speedy trial determination, counsel shall be held to have consented to such continuance, if such continuance is obtained upon that counsel’s request or with that counsel’s agreement, in open court, in the presence of the defendant.

  2. Time-To-Pay Continuances
     
     1. The judge/magistrate grants the defendant’s request for Time-To-Pay (TTP) the fine and costs and sets the date for payment.  The Clerk’s Office shall attempt to collect a minimum partial payment the day of sentencing.  The Clerks’ Office shall furnish the court with TTP forms and shall establish a calendar of TTP dates to be used for this purpose.  There will be three dates each month for TTP: the 1^st, 10^th, and 20th.
     2. The defendant completes the TTP form in the courtroom.  Defendant’s social security number must be entered on the TTP form.  The yellow copy of TTP form is given to the defendant.  The white copy (original) is placed in the Court file.
     3. Once the Clerk’s Office receives the file with the TTP form, the Clerk of Court’s Collection Services Unit shall send to the defendant a letter advising the defendant of the precise amount due, including fine and court costs.  This letter shall be mailed within two (2) weeks from the date the court granted the TTP.
     4. In addition to the letter described in No. 3, the Clerk shall mail a coupon book to the defendant if the court ordered a partial payment plan.  However, even if a partial payment plan is not ordered, the Clerk will accept partial payments in the amount of $25.00 or more.
     5. If the defendant is unable to pay the fine and court costs by the due date, the defendant shall contact the Clerk’s Collection Services Unit at 664-3503, at  least seven (7) days prior to the TTP due date.  The Collections Services clerk shall check the docket and advise the defendant of the following options:
        
        
        1. Pay fine and Court costs by due date.
        2. Appear in person before the Clerks’ Office before due date and complete a 2^nd TTP form.  The Clerk shall grant a one time thirty (30) day extension from the original TTP due date.  The defendant will be charged an additional $15.00 court cost.  The Clerk shall docket the extension.
        3. Appear in person before the Clerk of Court by the TTP due date and file a request for Community    Work Service in lieu of paying fine and Court costs.  The Clerk of Court’s Collections Service Unit, using an hourly rate set forth by the judges, shall approve these requests.
     6. If the defendant fails to pay the fine and Court costs, fails to receive a TTP extension, or fails to file a Motion for Community Work Service, the Clerk shall issue a capias.
     7. After the capias is issued, the Clerk shall send the defendant a notice of capias within two (2) weeks from the capias date.
     8. If the defendant appears in person before the Clerk within thirty (30) days of capias date to pay the fine and Court costs, the Clerk shall accept payment and recall the capias.
     9. If the defendant appears in person at the Clerk of Courts, the defendant may be entitled to be given Time-to-Pay.  The clerk will accept a payment and recall the capias.  If the defendant is arrested, the defendant shall appear before the sentencing judge or magistrate.
     10. If the defendant fails to pay the fine and Court costs by five o’clock the day after sentencing, the Clerk shall issue a walk-out capias.
     11. If the defendant fails to pay the fine and the costs by five o’clock the day after sentencing, the Clerk may grant Time-to-Pay when the defendant appears in person to request the extension.
  3. Walk-Out Capias
     

     Whenever a fine is imposed upon a defendant in a criminal case, and the defendant fails to pay said fine by the close of business that same day, the Clerk of Court shall have the case set for hearing on the sentencing judge’s next regularly scheduled criminal docket.

  4. When less than the total amount of the waiver is received:
     
     1. The Clerk shall accept the money as a partial payment of total waiver.
     2. The Clerk, upon receipt of partial payment for a waiverable offense, shall allow the defendant to enter into a time to pay agreement with the Clerk of Courts’ Office. If the defendant fails to comply with the time to pay agreement, a warrant shall be issued for the defendant’s arrest.
     3. The Clerk of Court will send the defendant a notice informing the defendant how much is owed if payment was received by mail.
     4. If an officer incorrectly marks the ticket “Not Waiverable” and the Clerk determines the ticket to be waiverable, the Clerk may accept payment of the waiver.

• 4.08 Authorization for Clerk to Accept Payment on TTP Capias

  When a time-to-pay capias has been ordered due to the defendant’s failure to pay, the Clerk of Court may accept payment, and shall recall the capias/warrant and rescind the new bond, provided the defendant has no other responsibility to the court, such as jail time or conditions of probation which have not been satisfied.

• 4.09 Probable Cause Determination Procedure

  Pursuant to the Fourth Amendment to the United States Constitution, a probable cause determination procedure for the timely review by a neutral magistrate of arrests, where charges have been filed in this court, shall be kept on file in the Administrative Services Department.  This procedure manual shall be utilized in conjunction with these local rules and shall be periodically amended to conform to the local rules.

• 4.10 Bail in Misdemeanor Cases

  Individuals charged with misdemeanors before this court, who have not been admitted to bond under the terms and conditions of the court’s bail schedule, shall have their bail set at the time of their initial appearance before a judge or magistrate of the court, unless written information is filed with the clerk and presented to the judge assigned to Session 3, or in the judge’s absence, the Administrative Judge or designee, which establishes to the court’s satisfaction the existence of an emergency or other exigent circumstances justifying the defendant’s earlier release.

• 4.11 Bail in Felony Cases

  Individuals charged with felonies before this court, who have not been admitted to bond, shall have their bail set at the time of their initial appearance before a judge of the court, unless written information is filed with the clerk and presented to the judge assigned to Session 4, or in the judge’s absence, the Administrative Judge or designee, which establishes to the court’s satisfaction the existence of an emergency or other exigent circumstances justifying the defendant’s earlier release.

  All bail in felony cases shall be set pursuant to the considerations of Rule 46(A) of the Ohio Rules of Criminal Procedure

• 4.12 Bond Forfeiture Proceeding

  1. Upon the failure of the accused or witness to appear in accordance with its terms, the bail bond shall, in open court, be adjudged forfeited in whole or in part by the judge or magistrate before whom the accused or witness is to appear (Ohio Revised Code Section 2937.35).  Once a recognizance or bail bond is forfeited, the Clerk of Court shall set the matter for a bond forfeiture hearing.
  2. The Clerk of Court shall notify the prosecutor, the accused, and each surety, by ordinary mail at the address shown by them in their affidavits of qualification or on the record of the case, of the default of the accused and the bond forfeiture.  The accused and the sureties shall be required to show cause on or before a date certain to be stated in the notice why judgment should not be entered against each of them for the penalty in the recognizance pursuant to Ohio Revised Code Section 2937.36.  The show cause hearing shall be scheduled not less than twenty (20) nor more than thirty (30) days from the date of mailing the notice.
  3. If good cause, by production of the body of the accused or otherwise, is not shown pursuant to Ohio Revised Code Section 2937.40, the magistrate shall thereupon enter a finding against the surety or sureties so notified, in such amount not exceeding the penalty of the bond.
  4. The magistrate may continue a hearing for a period not to exceed six weeks, unless written approval for a longer continuance is obtained from the chief magistrate or the judge assigned to said case.
  5. The magistrate shall prepare a decision upon the matters submitted to him or her by order of reference.  The decision of the magistrate shall be effective and binding only when approved and entered as a matter of record in the court’s journal by the judge to whom the case was originally assigned, or in his or her absence, the administrative judge, who in such case may approve the decision.  After judgment, proceeding shall be in accordance with Ohio Revised Code Section 2937.39.
  6. Upon the rendering of a bond forfeiture judgment, the Clerk of Court shall send a copy of the judgment entry to each surety (through its agent bail bondsman), or to the individual who executed the bond, by ordinary mail.
  7. The surety or individual shall be required to satisfy the judgment within sixty (60) calendar days from the date the order is journalized.  Failure to satisfy the judgment within that time will result in the loss of bond writing privileges for the surety named on the judgment.
  8. When bond forfeiture has been reduced to judgment and a surety files a motion to vacate said judgment and the court grants the motion, the surety will be charged a sum equal to five percent (5%) of the original bond.  The order to vacate shall not be effective until payment of five percent (5%) is made.  Failure to pay the five percent (5%) fee within sixty (60) days of the granting of the motion to vacate will result in the full bond forfeiture judgment being reinstated.  The loss of bond writing privileges shall remain in effect as to the surety until all outstanding judgments or any portion thereof are paid in full.
  9. The Court, as permitted by law, shall transfer any outstanding judgments to the civil docket for execution.

• 4.13 Electronic Transmittal of Criminal Complaints, Subpoenas and Bonds

  The Clerk of Court may accept the filing of criminal complaints by electronic transmittal.  The facsimile shall be treated as the original by this court for all purposes.

  This Court may serve subpoenas by facsimile to the Cleveland Police Districts and may transmit bonds by facsimile to defendants in the custody of the Cleveland Police Department and/or the Division of Corrections.  The executed bonds may be returned to the Clerk of Court by facsimile.  The original facsimile bond signed by the defendant shall be returned by the Cleveland Police District and/or the Division of Corrections to the Clerk of Court at the end of the business day on which the bond was signed.

• 4.14 Rules of Probation

  The Probation Department shall provide to individuals referred to it by the judges and/or magistrates of the court the Rules of Probation, Inactive Probation, and the Selective Intervention Program, as appropriate, on forms adopted and approved by the court.

• 4.15 Selective Intervention Program

  A complete explanation of the Selective Intervention Program (SIP) and the fees associated with participation therein shall be given to each defendant referred to the Probation Department for screening for the program.

  1. A defendant being considered for participation in the (SIP) program shall be screened by the Probation Department to determine eligibility prior to being placed in the program.
  2. If the defendant is found to be eligible, the defendant shall be assessed a probation fee of $200.00 for participation in the (SIP) program and sealing of arrest record.  The total fee shall be paid prior to the termination of the program, and shall be due and owing regardless of whether the termination of the program is by “nolle prosequi” or other judicial termination.
  3. If the judge is satisfied that the defendant is indigent or otherwise unable to pay, the judge may waive the Probation SIP fee for good cause shown.
  4. Pursuant to Ohio Revised Code Sections 737.41 and 2951.021 and City of Cleveland Ordinance No. 1249-95, the SIP fee shall be paid to the Clerk of Court who shall pay said fee directly to the Municipal Probation Service Fund.

• 4.16 Work Release Program

  All persons referred to the Work Release Program (WRP) shall be assessed an administrative fee of $100.00.  Each judge shall render a complete explanation of the program and the fee to the defendant prior to referral to the Probation Department for screening for the program.

  1. The judge will order a pre-sentence report with a notation to verify employment for possible work release participation.
  2. After the judge reviews the pre-sentence report, he or she may sentence the defendant to serve days at the workhouse and participate in the (WRP) program.
  3. If the judge orders work release, the fee must be paid to the Clerk of Court prior to the defendant participating in the program. The Clerk of Court will be responsible for sending verification of fee payment to the workhouse.
  4. For good cause shown, the judge may waive the WRP fee if the judge is satisfied that the defendant is indigent or otherwise unable to pay.
  5. Pursuant to Ohio Revised Code Section 1901.14, the WRP fee shall be paid to the Clerk of Court who shall pay said fee directly to the Treasurer of the City of Cleveland.

• 4.17 Judgment Entries

  1. The judgment entry specified in Rule 32 of the Ohio Rules of Criminal Procedure shall be filed and journalized within thirty days of the verdict, decree, or decision. If the entry is not prepared and presented by counsel, it shall be prepared and filed by the court.
  2. Approval of a judgment entry by a counsel or party indicates that the entry correctly sets forth the verdict, decree, or decision of the court and does not waive any objection or assignment of error for appeal.

• 4.18 Time Schedule for the Deletion of Warrants

  1. Before December 1^st of each calendar year, the Clerk of this court shall prepare and forward to the Prosecuting Attorney of the City of Cleveland a printout of all four or more years old misdemeanor and traffic cases pending on the court’s dockets, wherein summons or warrants/capias have not been executed.  Such cases shall be deemed candidates for deletion from the docket, unless, following presentation and review, and for good cause shown, the Prosecuting Attorney declares specific cases appearing on the printout are still viable and requests that they be removed.
  2. The Prosecuting Attorney’s review shall be completed and the Printout returned to the Clerk no later than December 15^th of each calendar year. After honoring the requests of the Prosecuting Attorney, the Clerk shall immediately prepare and deliver a Deletion Docket to the Administrative Judge of the court.  The Administrative Judge, following review, but before the end of the calendar year, shall order warrants and summons issued in these cases be recalled and that the said cases themselves be closed.
  3. Upon receipt of the court’s order to remove the files appearing on the Deletion Docket, the Clerk shall immediately cause all warrants and summons pertaining to said cases to be removed from any law enforcement computer systems, including the Cleveland Police Department’s Record Management System (RMS), the State of Ohio’s Law Enforcement Automated Data System(LEADS), and the record systems of all other law enforcement agencies with whom these warrants or summons may have been registered.  The Clerk shall notify the Bureau of Motor Vehicle (BMV) to release any Warrant Blocks related to these cases.
  4. Once all of the registered warrants/capias are properly recalled, the clerk shall enter on the electronic journal of the court that the said cases are closed, that the warrants and summons are recalled, and warrant blocks released, whereupon the cases may be archived consistent with the provisions Sup. R. 26.05(G)(2) through (5).

• 4.19 Traffic and Minor Misdemeanor Violations Bureau / Ticket Waivers

  1. At any time prior to arraignment or thereafter with leave of court, the Clerk of Court may allow a defendant charged with traffic offenses, except those offenses listed in Rule 13(B) of the Ohio Traffic Rules, and/or minor misdemeanor offenses,  the opportunity to do either of the following:
     
     
     1. appear in person at the office of the Clerk of Court, sign a plea of guilty and waiver of the trial provision of the ticket, and pay the total waiver amount
     2. sign the guilty plea and waiver of trial provision of the ticket, and mail the ticket and a check, money order, or credit card number for payment of the total waiver amount to the Clerk of Court
  2. Remittance by mail of the waiver amount to the Clerk of Court constitutes a guilty plea and waiver of trial, whether or not the guilty plea and waiver of trial provision of the ticket is signed by the defendant.
  3. Where multiple offenses are issued, the Clerk of Court shall only accept waivers for all offenses charged.  However, where an offense under Rule 13(B) of the Ohio Traffic Rules exists or is otherwise not waiverable, or if the defendant wishes to appear in court on one of the charges, the Clerk of Court shall not accept any waiver, but shall set the case for hearing.

• 4.20 Criminal Case Management

  Pursuant to Rule 5(B)(1) of the Rules of Superintendence for the Courts of Ohio, a criminal case management procedure manual shall be kept on file in the Administrative Services Department, Central Scheduling Department, Clerk of Court’s office, and Magistrate’s Department.  This procedure manual shall be utilized in conjunction with these local rules and shall be periodically amended to conform to the local rules.

• 4.21 Disposition of Outstanding Misdemeanor Capiases Involving Individuals Remanded Under Sentence to State Penal Institutions

  The Clerk shall consult with the Sheriff of Cuyahoga County each day to determine the name, Social Security Number and date of birth, of all individuals who the Sheriff intends to transport to a state penal institution, under sentence of a judge of the Court of Common Pleas, or as a result of a Governor’s warrant for extradition.  The names of those included on said list shall be compared against the dockets, journals and indexes of the Cleveland Municipal Court.  Any outstanding cases involving individuals appearing on the Sheriff’s list shall be assembled on a special docket heard in Session Four.  Unless the Prosecuting Attorney notifies the court to the contrary, or some other good cause appears, the court will dismiss all cases appearing on this docket.

  If the Prosecuting Attorney’s Office does notify the court that it wishes to continue the prosecution of any individual appearing on this docket, the court shall grant a reasonable continuance to allow for the prosecution to arrange for the defendant’s return from the penal institution to answer the charge.

• 4.22 Recoupment of Assigned Counsel Fees

  In criminal cases where the defendant is represented by a public defender or other assigned counsel, when the defendant is determined to be marginally indigent by the Office of the Public Defender, the court may assess a fee of Fifty Dollars ($50.00) as an additional financial sanction to be paid as reimbursement of attorney fees.

• 4.23 Indigent Application Fee

  Pursuant to R.C. 120.36, all defendants who request or receive a public defender, or any other counsel appointed by the court, shall be assessed a non-refundable application fee of twenty-five dollars to offset the costs of providing legal representation.  The court may reduce or waive the fee upon a finding that the person lacks financial resources that are sufficient to pay the fee, or that payment of the fee would result in an undue hardship.  A person’s present inability, failure, or refusal to pay the application fee shall not disqualify that person from legal representation.