Ind. Elkhart Cnty. Local Rule LR20-CR00-309

309.1. Determination of Probable Cause

In the event that any charging instrument, search warrant, subpoena, or other document, the issuance of

which requires a finding of probable cause, or similar factual and legal finding, shall be submitted to a

judicial officer and that judicial officer finds that no probable cause exists or that the submission is in any

other way insufficient, any re-submission shall be made to the original judicial officer, unless the original

judicial officer agrees that it may be submitted to another judicial officer for consideration or to another

judicial officer, if the first judicial officer is no longer the “on-call” judicial officer.

309.2. Dismissal

Any dismissed felony shall be assigned to the original Judge if re-filed, notwithstanding any other

assignment rule herein.

309.3. Withdrawal of a Public Defender Appointment

The appointment to serve as a public defender in any single criminal proceeding shall terminate upon

entry of the sentencing order and dispositional order. The appearance of counsel shall be withdrawn from

the Court’s case management system, unless a person appointed as public defender makes a request of the

court to the contrary. At sentencing or disposition, the Defendant shall be notified of the termination of

the Public Defender appointment.