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The General Division of the Lorain County Common Pleas Court is proposing revisions to Local Rule 7(III)(E) and is accepting comments until October 31, 2014. Unless otherwise modified, the revised rule will be effective November 10, 2014.

Comments should be directed to tlubbe@loraincounty.us.

RULE 7
THE ASSIGNMENT SYSTEM

I.    IN GENERAL

Except as otherwise provided, all cases shall be assigned to a Judge by a random computer selection process. Civil cases shall be assigned at the time and in the order of filing or transfer from another Court. Criminal cases shall be assigned following preparation of the arraignment list by the Clerk of Courts. Secret indictments shall be assigned following service upon the Defendant.



II.    CIVIL REFILING AND CONSOLIDATION
 A. Refiling – Civil Rule 41
When a previously dismissed case is refiled, the attorney or party shall so indicate on the case designation sheet, whereupon the Clerk of Courts shall assign the refiled case to the Judge assigned at the time of the original dismissal. Any case filed beyond the guidelines established by Civil Rule 41 is a new action not subject to this rule.
B. Consolidation
When actions involving a common question of law or fact have been filed as separate cases, a motion for consolidation shall be filed with the Court to whom the lowest case number has been assigned. If the motion is granted, the cases shall be consolidated and go forward under the lowest case number.
C. Civil Forfeiture
Civil forfeiture cases shall be assigned or transferred to the Judge presiding over any related criminal case. The party seeking forfeiture shall inform the Court and file a motion to transfer whenever the underlying civil matter relates to any pending criminal case.


III.   CRIMINAL COMPANION AND CAPITAL CASES
A. Pending Case
When a Defendant has a pending case, any new case shall be assigned to the judge with the pending case.
B. Multiple Defendants
When cases involving multiple Defendants are related, all cases shall be assigned to the Judge with the lowest pending case number.
C. Dismissal and Re-indictment
When an individual is indicted for offenses that were pending in a case that was previously dismissed, the new case shall be assigned to the Judge who was presiding over the original matter.
D. Capital Case
All capital cases shall be assigned randomly through a process where each Judge, after receiving an assignment, is excluded from the assignment pool until all Judges have received a capital case. With respect to capital cases, the assignment process specified herein shall supersede all other local criminal assignment rules. The other assignment provisions of Local Rule 7(III) shall apply when not in conflict with this rule.
The Following Language in Section "E" will be Deleted

E.     Community Control Sanction (CCS)(f.k.a. Probation), Intervention in Lieu, Diversion

i) When a Defendant is on CCS, intervention in lieu, or diversion and has a new case, and the new case may constitute a violation of the defendant’s CCS, intervention in lieu, or diversion (i.e., a violation case) the new case shall be assigned or transferred to the Judge who placed the Defendant on CCS, intervention in lieu, or diversion;


ii) If the new case does not constitute a “violation case” the new case shall be assigned by a random computer process as set forth in Rule 7(I);

iii) If a defendant who is on CCS in more than one case and with more than one judge has a new case that constitutes a “violation case” of more than one CCS case, the new case shall be assigned to that judge with the lowest case number for “CCS”;

iv) This rule shall not apply to multiple Defendants with related cases or to criminal nonsupport cases transferred to a different division of the Common Pleas Court.
The Following Language in "F" will Become "E"

(F)E. Specialized Dockets

Specialized Dockets of the General Division shall be in accordance with the Rules of Superintendence for the Courts of Ohio and any procedures established by the Specialized Dockets Section of the Ohio Supreme Court



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