In order to effectively maintain a well organized mechanism for the initiation, pendency and resolution of matters before the Cleveland Municipal Court, it is necessary to provide and periodically review the practices and procedures of the court system, particularly as it is embodied in the local rules of court. As the substantive law continues to evolve, changes in practice and procedure are mandated. This change necessitates amendments to the local rules. These changes are designed to meet the requirements of current law, and the practices and procedures in the Cleveland Municipal Court. The following shall be the rules for the regulation of practice and proceedings until otherwise provided by this court, pursuant to Sections 1901.01 to 1901.41, inclusive, and other applicable sections of the Revised Code of Ohio, the Ohio Rules of Civil and Criminal Procedure, and the Rules of Superintendence for the Courts of Ohio.
Pursuant to the authority granted by Chapter 1901 of the Ohio Revised Code, the judges of this bench shall, by their majority vote, as required from time to time adopt, publish, revise and enforce rules for regulation of the business and administration of, as well as the practices and procedures of this court and the office of its clerk.
Additionally, the presiding judge shall assign the various associate judges to membership on any ad hoc or special committee which may become necessary along with the following standing committees of the court:
The enforcement of all administrative orders of the court, as well as the enforcement of compliance with these rules, shall be the responsibility of the presiding judge, except as set forth in Rule 1.02. Subject to the approval of a majority of the court, he or she shall have the authority to issue or modify any procedural order of court to obtain conformity with such orders and/or rules. Any other action taken by the presiding judge may be disapproved and rescinded by a majority of the members of this court.
The presiding judge of the Housing Division of this court shall have sole control over all of the functions of that division. Decisions with regard to the operation of that division shall not be subject to review or ratification by the judges of the General Division, nor shall the Housing Division judge participate in any of the decisions which affect the operation of the General Division, with the exception of the selection of the court’s presiding and administrative judges.
Pursuant to Rule 4(A)(1) of the Rules of Superintendence for the Courts of Ohio , the court shall annually elect one of its members as administrative judge. Said election shall be held on the second Thursday in December of each year.
Likewise, pursuant to Rule 3 of the Rules of Superintendence for the Courts of Ohio, the court shall annually elect one of its members as presiding judge. Said election shall be held on the second Thursday in December of each year.
Any judge of the General Division of the court may become a candidate for either the presiding or administrative judgeship by declaring his or her candidacy at the meeting where the election shall be had and by making a brief statement in support of said candidacy.
All judges of the court, during his or her term of office, shall be eligible to vote in the elections for the leadership positions of the General Division, including the presiding judge of the Housing Division. Votes may be cast either in person or by written proxy exercised on behalf of an absent judge by another member of the court.
The administrative judge may act on any individually assigned case in the absence of the judge so assigned.
Should an associate judge disqualify himself or herself from hearing any individually assigned case, said judge shall cause a journal entry to be made setting forth the disqualification and the reasons therefore. The case shall thereafter be referred to the administrative judge who shall, by judgment entry, authorize the Central Scheduling Department to place the case back in the lottery for a new judge assignment.
SINGLE JUDGE ASSIGNMENT GUIDELINES
If a dispute arises as to ownership of cases, the Administrative Judge will make the necessary determination.
F. A defendant who is in custody (arrestee) and who has an outstanding warrant and who has already been assigned a judge, shall be processed in one of the following manners: