The following proposed amendment to the Clermont County Municipal Court Loc. R. 37 is being published for comment. All written comments will be reviewed and considered by the Judges of the court. The point of contact for submitting comments is Magistrate Christopher Bazeley. All comments shall be sent to Magistrate Bazeley by letter (Clermont County Municipal Court, 4430 State Route 222, Batavia, OH 45103) or email (email@example.com) no later than 4:00 p.m. on Friday, April 26, 2019. Any questions regarding the amendment may be sent to Stephanie Bohrer at 513-732-7911 or firstname.lastname@example.org.
Local Rule 37 shall be amended as follows effective (proposed) Wednesday May 1, 2019.
Arraignment will be scheduled on the first working day after a physical arrest and lock up. Except in extraordinary cases, no case will be continued more than one time for arraignment.
a. Waiver of Arraignment: Except for those offenses outlined in Loc. R. 37(b), a written “not guilty” plea may be entered prior to the date scheduled for arraignment. A written “not guilty” plea shall be made in compliance with Criminal Rule 8 and Traffic Rule 5. Such plea shall be filed with the Court, and the person filing the not guilty plea shall obtain a hearing date from the Assignment Commissioner. When filing written “not guilty” pleas on multiple charges, it is required that a plea be signed and completed for each case. The plea form shall contain the following information:
1. Full name of defendant
2. Case number
If a written not guilty plea is entered in accordance with this rule and complies with Criminal Rule 8 and Traffic Rule 5, neither counsel nor the defendant need to appear at the scheduled arraignment. However, if a separate hearing is required to be scheduled, for review of license or bond, the appearance of counsel and/or defendant is not excused from this hearing.
b. Offenses Not Eligible for Waiver: Appearance at arraignment may not be waived for any charge classified as a Misdemeanor of the First Degree or any offense charged as an OVI pursuant to R.C. 4511.19.