Ind. County Local Rule: cass-local-rules

CASS COUNTY LOCAL COURT RULES

(Effective Sept 1, 2022)

TABLE OF CONTENTS

LR09-CR2.3- l Criminal Case and Infraction Transfer

LR09-CR00-2 Dismissal, Refiling, and Subsequent Filings of

Criminal Proceedings

LR09-CR2.2-3 Reassignment of Criminal Cases

LR09-CR2.2-4 Appointment of Special Judge-Criminal

LR09-TR79-5 Appointment of Special Judge-Civil

LR09-AR15-6 Court Reporter Fees

LR09-AR1-7 Case Allocation Plan

LR09-TR00-8 Civil Case Transfer

LR09-JR4-9 Summoning Jurors

LR09-CR00- 10 Bail Schedule

LR09-AR00-11 Local Judicial Jurisdiction

LR09-AR00-12 Alcohol/Drug Program Fees

LR09-AR00-13 Court Building Security Order

LR09-CR2.3-l Criminal Case and Infraction Transfer

The judge of the Circuit or Superior Courts in accordance with this local rule and/or LC. 33-29-1-9,

by appropriate order entered in the Record of Judgments and Orders, may transfer and reassign to

another court of record in Cass County, any pending felony, misdemeanor or infraction, provided the

receiving court has jurisdiction to hear such case and accepts jurisdiction of the same.

LR09-CR00-2 Dismissal, Refiling, and Subsequent Filings of Criminal Proceedings

When the state dismisses a felony or misdemeanor case that has been assigned or reassigned under

these local rules, all felony or misdemeanor charges filed against that same defendant within the next

six months shall be assigned to the judge from whom the dismissal was taken.

LR09-CR2.2-3 Reassignment of Criminal Cases

In the event of disqualification, recusal, or other reason for change of judge, a pending felony,

misdemeanor, or infraction shall be reassigned to another court in Cass County, provided the other

court has jurisdiction to hear such matter. If this process does not result in the selection of a Special

Judge, the Clerk shall select a Special Judge in rotating order from the Judges of the following Courts,

comprising courts contiguous to, or within the same administrative district as Cass:

Miami Circuit Court

Miami Superior 1 Court

Miami Superior 2 Court

Carroll Circuit Court

Carroll Superior Court

White Circuit Court

White Superior Court

Howard Circuit Court

Howard Superior 1 Court

Howard Superior 2 Court

Howard Superior 3 Court

Howard Superior 4 Court

Fulton Circuit Court

Fulton Superior Court

Pulaski Circuit Court

Pulaski Superior Court

Judges previously assigned to the case are ineligible for reassignment under this rule.

LR09-CR2.2-4 Appointment of Special Judge-Criminal

In the event these rules fail to assign a case or unique circumstance presented in a particular proceeding

preclude local assignment, the judge before whom the case is pending may request the Indiana

Supreme Court to appoint a special judge for the case.

LR 09-TR79-5 Appointment of Special Judge- Civil Purpose of Rule

This rule is adopted to comply with the requirements of Trial Rule 79(H) of the Indiana Rules of Trial

Procedure. It is intended to provide a means of selection of special judges ensuring the effective use

of all judicial resources within Administrative District 8 (which is comprised of Cass County, Fulton

County, Howard County, and Miami County) and includes each person eligible for appointment under

Section (J) of Trial Rule 79.

Central Office Established

There is established a Central Office for the keeping of records of appointment and selection of special

judges for this District. The Central Office of this District shall be the Howard Circuit Court.

The Courts of this County shall hereafter refer to the Central Office of this District whenever selection

of a special judge is required under this rule. Each of the Courts of this County shall accept from the

Central Administrator the name of the individual to then be appointed as special judge for a given case.

The person serving as the Central Administrator shall have the following responsibilities:

1. To maintain a list of persons qualified to serve as special judge under Section

(J) of Trial Rule 79.

2. To take referrals from the several courts of this District, requesting appointment

of a special judge.

3. To alternately and on a rotating basis appoint qualified judges from the list

maintained for that purpose.

4. To notify the referring court of the individual to be appointed under this rule.

Current Rotation Schedule

The following shall be the rotation schedule used by the Central Administrator:

1. The Judge of the Cass Superior Court I

2. The Judge of the Howard Superior Court III

3. The Judge of the Fulton Superior Court

4. The Judge of the Howard Superior Court II

5. The Judge of the Fulton Circuit Court

6. The Judge of the Howard Circuit Court

7. The Judge of the Miami Superior Court I

8. The Judge of the Howard Superior Court I

9. The Judge of the Cass Circuit Court

10. The Judge of the Miami Circuit Court

11. The Judge of the Cass Superior Court II

12. The Judge of the Howard Superior Court IV

13. The Judge of the Miami Superior Court II

Administrative Fee

Each of the Courts participating under this rule shall pay each year the sum of Fifty Dollars ($50.00) to

the Central Administrator, payable directly to the Administrator by the 15th day of September of each

year.

Certification to the Supreme Court

In cases in which no judge is eligible to serve as special judge in a particular case or where the

circumstances of a case require it, the Court shall certify those circumstances to the Supreme Court

and that Court shall make the appointment.

Credit for Voluntary Acceptance of Certain Special Judge Cases

If, outside the normal rotation schedule, a judge voluntarily accepts a Cass County, Fulton County,

Howard County, or Miami County civil case at the request of the parties to the case or at the request of

the Court in which the case is pending, that judge may then receive credit for taking that case, with the

Central Administrator skipping over that judge the next time that judge's name comes up for

appointment for a case under the above-described rotation schedule. In order to receive such credit,

the judge shall notify the Central Administrator of his or her voluntary acceptance of such a civil case

no later than seven (7) days after his or her formal qualification and assumption of jurisdiction in that

case. At the time that such notification is provided to the Central Administrator, the notifying judge

shall also provide the Central Administrator with the cause number of the civil case that he or she has

voluntarily accepted.

LR09-AR15-6 Court Reporter Fees

The undersigned courts comprise all the courts of record of Cass County, Indiana, and hereby adopt

the following local rule by which court reporter services shall be governed:

Section One. Definitions The following definitions shall apply under this local rule:

(1) A Court Reporter is a person who is specifically designated by a court

to perform the official court reporting services for the court including

preparing a transcript of the record.

(2) Equipment means all physical items owned by the court or

other governmental entity and used by a court reporter in performing

court reporting services. Equipment shall include, but not be limited

to, telephones, computer hardware, software programs, disks, tapes

and any other device used for recording and storing, and transcribing

electronic data.

(3) Work space means that portion of the court's facilities dedicated to

each court reporter, including but not limited to actual space in the

courtroom and any designated office space.

(4) Page means the page unit of transcript which results when a recording is

transcribed in the form required by Indiana Rule of Appellate Procedure

7.2.

(5) Recording means the electronic, mechanical, stenographic or other

recording made as required by Indiana Rule of Trial Procedure 74.

(6) Regular hours worked means those hours which the court is

regularly scheduled to work during any given work week. Depending on

the particular court, these hours may vary from court to court within the

county but remain the same for the work week.

(7) Gap hours worked means those hours worked that are in excess of

the regular hours worked but hours not in excess of forty (40) hours per

work week.

(8) Overtime hours worked means those hours worked in excess of forty

(40) hours per work week.

(9) Work week means a seven (7) consecutive day week that consistently

begins and ends on the same days throughout the year, i.e., Sunday

through Saturday, Wednesday through Tuesday, Friday through

Thursday.

(10) Court means the particular court for which the court reporter

performs services. Court may also mean all of the court in Cass County.

(11) County indigent transcript means a transcript that is paid for from

county funds and is for the use on behalf of a litigant who has been

declared indigent by a court.

(12) State indigent transcript means a transcript that is paid for from county

funds and is for the use on behalf of a litigant who has been declared

indigent by a court.

(13) Private transcript means a transcript, including but not limited to, a

deposition transcript that is paid by a private party.

Section Two. Salaries and per Page Fees

(1) Court Reporters shall be paid an annual salary for time spent working

under the control, direction and direct supervision of their supervising

court during and regular work hours, gap hours or overtime hours. The

supervising court shall enter into a written agreement with the court

reporters which outlines the manner in which the court reporter is to be

compensated for gap and overtime hours, i.e., monetary compensation

or compensatory time off regular work hours.

(2) The maximum per page fee a court reporter may charge for the

preparation of a county indigent transcript shall be $5.00; the court

reporter shall submit a claim to the county for the preparation of any

indigent transcripts. The maximum per page fee a court reporter may

charge for the preparation of a state indigent transcript shall be $5.00.

(3) The maximum per page fees a court reporter may charge for the

preparation of a private transcript shall be $5.00.

(4) Each court reporter shall report, at least on an annual basis, all

transcript fees received for the preparation of either county indigent,

state indigent or private transcripts to the Indiana Supreme Office of

Court Services. The reporting shall be made on forms prescribed by the

Office of Court Services.

Section Three. Private Practice

(1) If a court reporter elects to engage in private practice through the

recording of a deposition and/or preparing of a deposition transcript,

and the court reporter desires to utilize the court's equipment, work

space and supplies, and the court agrees to the use of the court

equipment for such purpose, the court and the court reporter shall enter

a written agreement which must, at a minimum, designate the

following:

(a) The reasonable market rate for the use of equipment, work

space and supplies,

(b) The method by which records are to be kept for court use of

equipment, work space and supplies, and

(c) The method by which the court reporter is to reimburse the

court for the use of the equipment, work space a supply,

(2) If a court reporter elects to engage practice in private through the

recording of a deposition and/or preparing of a deposition transcript,

all such private practice work shall be conducted courtside of regular

working hours.

LR09-AR1-7 Case Allocation Plan

Except as hereafter provided, Level 6 felony cases shall be filed in Superior Court I. All misdemeanors

and infractions shall be filed in Superior Court 2. All criminal and civil support actions shall be filed

in Cass Circuit Court. All other felonies shall be assigned randomly to Cass Circuit Court and Cass

Superior Court 2. A defendant having multiple independent criminal actions pending against him may

have all criminal actions consolidated in one court per the discretion of the judiciary in this jurisdiction.

ir. Where multiple offenses are alleged, the highest class of criminal offense filed against an individual

defendant shall control case assignment in accordance with this rule. Cases involving multiple

defendants may be filed per the discretion of the judiciary in the same court pursuant to this rule for

judicial economy.

Cases involving juvenile delinquencies, children in need of services, paternity, guardianships, and

adoptions shall be filed in Circuit Court.

Small claims, independent protective order proceedings, EV Civil, EV Small Claims and mental health

cases shall be filed in Superior I.

All other civil matters not specifically set out above shall be filed in the court requested by initiating

counsel.

LR09-TR00-8 Civil Case Transfer

The judge of the Circuit or Superior Court in accordance with this local rule and/or J.C. 33- 29-6, by

appropriate order entered in the Record of Judgments and Orders, may transfer and reassign to another

00\H-t court of record in Cass County, any pending civil action, provided the receiving court has

jurisdiction to hear such case and accepts jurisdiction of the same.

LR09-JR4-9 Summoning Jurors

Pursuant to Indiana Jury Rule 4, the judges of the courts of record in Cass County select the two-tier

notice and summons procedure.

LR09-CR00-10 Bail Schedule

The Cass County Bail Schedule shall apply to all persons arrested with offenses in Cass County unless

otherwise endorsed upon a warrant or ordered by a judge of the Circuit or Superior Court. The standard

minimum bail in criminal cases shall be set as follows:

FELONIES Cash Bond Surety Bond

Murder No Bond No Bond

Class A $10,000.00 $50,000.00

Class B $5,000.00 $25,000.00

Class C $2,000.00 $10,000.00

Class D $1,000.00 $5,000.00

MISDEMEANORS

Class A $250.00 $1,000.00

Class B $200.00 $750.00

Class C $150.00 $500.00

Any defendant on probation or parole is subject pursuant to statute to a hold up to fifteen days prior to

being released on bail. Those defendants shall be held until their first court appearance to give the

prosecutor the opportunity to request the probation hold.

In those situations where the defendant has been arrested for allegations of domestic violence or

violation of a no contact order, said defendant will be held without bail until the appropriate bail is

determined by a judicial officer at the defendant's first court appearance.

LR09-AR00-11 Local Judicial Jurisdiction

To expedite the administration of justice in Cass County, the three sitting judges of Cass County

authorize the other judges to sit as judge in their court at any time, and in any case.

LR09-AR00-12 Alcohol/Drug Program Fees

In accordance with LC. 12-23-14-16(b), the following fees are adopted for alcohol and/or drug program

services:

Assessment and Case Management Fee... $250.00

LR09-AR00-13 Court Building Security Order

Indiana Administrative Rule 19 requires (e)ach court shall develop and implement a court security

plan to ensure security in court facilities. The authority to do so is derived from Indiana Constitution,

Article 3 section I and Indiana Constitution Article 7. Indiana Code 35-47-1 l. l-4(5) creates an

exception to the general rule prohibiting a political subdivision from regulating the possession of

firearms and weapons.

The judges of the Cass Circuit and Superior Courts (courts); in order to comply with the requirements

of Administrative Rule 19 and to provide for the orderly operation of the courts, the safety of the

public, the litigants, the witnesses, and court staff; now promulgate this local court rule regarding

weapon possession in the Cass County Government Building and Probation Annex:

1. Anyone entering the locations listed below (collectively "the courtroom

buildings") must consent to a search of their person, including any package,

briefcase, or purse:

(a) the Cass County Government Building;

(b) the Cass County Probation Annex containing the Adult Probation

Department located at 520 High Street, Logansport Indiana;

(c) the Cass/Pulaski County Community Corrections Department located

at520 High Street, Logansport Indiana;

2. If a courtroom building has more than one entrance/exit, the Courts may

designate one or more of the entrances/exits to be used only for restricted

purposes.

3. Unless exempt under Paragraph 6, below, anyone entering a courtroom building

is prohibited from having any of the following in his or her possession while

in the courtroom building:

(a) a loaded or unloaded firearm; or

(b) a weapon, device, laser (as defined in Ind. Code§ 35-47-8-3) or

electronic stun weapon (as defined by LC.§ 35-47-8-1), equipment,

chemical substance or other material, including a knife, razor, box-

cutter, and switchblade that in the manner it is used, or could ordinarily

be used, is readily capable of causing serious bodily injury.

4. Anyone refusing to comply with this Order is to be denied entrance to the

courtroom buildings.

5. Anyone violating this Order may be found to be:

(a) in direct contempt of court under LC.§ 34-47-2, if the violation occurs

in the presence of a judicial officer; or

(b) in indirect contempt of court under LC.§ 34-47-3, if the violation is

willful and occurs out of the presence of a judicial officer.

6. The following individuals are exempt from this order:

(a) a law enforcement officer, as defined in J.C.§ 35-31.5-2-185;

(b) a judicial officer, as defined in J.C.§ 35-31.5-2-177 .7;

(c) a probation officer appointed pursuant to J.C. § 11-13-1-1;

(d) an employee of a locally or regionally operated Community

Corrections Program, who is authorized to carry a firearm by his or her

supervisory judge(s);

(e) an employee, who works in a courtroom building, who carries a

chemical spray device for personal protection; and

(f) any other person authorized by at least one full-time judicial officer of

the courts shall be exempt until at least one full-time judicial officer of

the courts withdraws the exemption. The judicial officers are to

promptly provide the Cass County Sheriff with a copy of the

authorization or the withdrawal of the authorization.

7. Any person listed in Paragraph 6 SHALL NOT BE EXEMPT whenever they

orany member of their family is a party to any proceeding taking place. This

does not include appearing in the individual's official capacity.

8. The statutes cited above may change from time to time. This local court rule

shall automatically refer to the relevant statutes in effect at any given time.