New traffic charges filed with the Clerk, involving defendants with active traffic or criminal 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 the provisions of Local Rule 2.08(E). Application of this section may be waived by the court for good cause shown.
Minor misdemeanor traffic 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.
All proceedings heard before the magistrate in the traffic arraignment session shall be recorded by any means and media approved by the Administrative Judge and preserved until the time for any appeal shall have passed.
A transcript of any individual hearing in the arraignment session shall be prepared upon written request and payment of a $10.00 fee to the Clerk of Court.
At arraignment, the defendant or counsel may request a jury trial, except where the offense charged is a minor misdemeanor. Alternatively, a request may also be made for a bench trial. A plea or demand shall not be accepted by telephone.
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), in situations 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.
CMC Form 5.05(D)
IN THE CLEVELAND MUNICIPAL COURT
CUYAHOGA COUNT, OHIO
Address & ZIP
Upon leave being granted, the Clerk of Court shall cause the capias to be recalled.
Once a not guilty plea is filed, the clerk shall cause the case to be assigned to a judge, scheduled for a new court date, and summons issued to the defendant.
For a minor misdemeanor and/or a fourth degree misdemeanor, the case may be referred to a magistrate for sentencing in open court with the prosecutor participating.
For offenses higher than a fourth degree misdemeanor, a written guilty plea in absentia will be referred to the Probation Department for a record check and then assigned to the Session One Judge for review. If the Session One Judge anticipates that the motion will be granted then the case will be assigned to that judge’s criminal docket for final disposition, in open court, with the prosecutor participating.
If the motion for leave is denied, a not guilty plea will be entered and the case assigned by random lot to the personal docket of a judge and the defendant will be summoned with a new court date.
Deposit to be transferred to bond account to secure defendant’s appearance.
CMC Form 5.06(A)
CUYAHOGA COUNTY, OHIO
Address & ZIP
CMC Form 5.06(B)
Now comes the defendant ____________________________, and respectfully requests this Honorable Court to grant leave of court to allow defendant to enter a guilty plea in absentia to the offense(s) in the above case. I acknowledge that I am making this plea knowingly, intelligently and without coercion or duress and that I have a right to be represented by counsel and hereby waive this right.
In entering said plea I understand that if the offense is a minor misdemeanor the maximum penalty is $150.00; if the offense is a fourth degree, the penalty is up to $250.00 in fines and 30 days in jail; if the offense is a third degree, the penalty is up to $500.00 in fines and 60 days in jail; if the offense is a second degree, the penalty is up to $750.00 in fines and 90 days in jail; if the offense is a first degree, the penalty is up to $1,000.00 in fines and six months in jail.
Address & ZIP
On the _____ day of ____________, 20___, the Defendant’s Motion for Leave of Court to Enter Guilty Plea in Absentia was served on the Chief Prosecutor for the City of Cleveland via the Clerk of Court upon the filing of two copies of this Motion in the Clerk of Court’s office, one to be served by the Clerk in accordance with Civ. R. 4.1 (B) and pursuant to order of court.
An OMVI/DUS 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.