CLERMONT COUNTY COMMON PLEAS COURT

What is it and what does it do?

WHAT’S IN A NAME?

The full name of the general jurisdiction trial court in Clermont County is: Clermont County Common Pleas Court, General Division.So what does “general” mean when used to refer to a court? What is general jurisdiction

GENERAL DIVISION• Does the General Division handle divorces, dissolutions, child support?• NO, that’s the Common Pleas Court, Domestic Relations Division.

• Does the General Division handle wills, estates, guardianships, etc.?• NO, that’s the Common Pleas Court, Probate Division.

GENERAL DIVISION • Does the general division handle delinquency, and abuse, neglect, and

dependency of children? • NO, that’s the Common Pleas Court, Juvenile Division.

• Does the General Division handle OMVIs, traffic cases, misdemeanors, smaller civil matters?

• NO, that’s the Clermont County Municipal Court.

WHAT DOES THE COMMON PLEAS COURT GENERAL DIVISION HANDLE?

EVERYTHING ELSE!Criminal Cases• Murder• Robbery & burglary

• Kidnapping• Drug crimes• Theft offences

• Sexual assaults

• Criminal non-support•Adult felonies•--Murder•Personal injury•Injunctions•--Robbery, burglary•Breach of Contract•--Kidnapping•Foreclosure•--Drug crimes•Workers comp appeals•--Theft offenses•Major business cases•--Sexual assaults•Malpractice, any type•--Criminal Non-support•Civil Protection Orders

Civil Cases• Personal injury• Injunctions• Breach of contract• Foreclosure• Workers comp appeals• Major business cases• Malpractice – any type• Civil protection orders

GENERAL DIVISION• Therefore, general jurisdiction means any case, civil or criminal, that does

not fall within the specialized jurisdiction of another court can go to Common Pleas Court, General Division.

• Authority includes writs like habeas corpus and mandamus, and certain government agency appeals.

• The General Division can handle any subject from Accounting to Zoning.

A LITTLE HISTORY…..• The Common Pleas Court has its roots in English common law.

• The first common pleas court was created by King Henry II in 1178, over 800 years ago.

• Common pleas court was referenced in clause 17 of the Magna Carta in 1215.

• The Ohio Constitution of 1802 created common pleas courts (Article III, Sections 1 and 3) at the time of statehood, and the 1851 Ohio Constitution creates a common pleas court in each of the 88 counties (Article IV, Sections 1 and 4).

CLERMONT COUNTY

There have been courthouses in

Clermont County since 1801, when

the first Common Pleas Court session

was held in rented space in a tavern

in Williamsburg.

CLERMONT COUNTY

There was an 1805 courthouse for

which no images exist, and the 1827

courthouse in Batavia, which served

the county until its demolition in

1935.

CLERMONT COUNTY

The 1827 courthouse was demolished

in 1935 to make way for the 1936

new courthouse, a Depression-era

WPA project.

CLERMONT COUNTY

Today the 1936 new courthouse

constitutes the center of the unified

buildings facing Main Street.

CLERMONT COUNTY

The 1936 courthouse has

been combined with the

1998 addition to form the

current courthouse complex.

COMMON PLEAS JUDGES

Judges: Richard Ferenc, Victor Haddad, Jerry McBride & Thomas Herman

CIVIL CASESA civil case starts by a party filing a complaint or a petition with the Clerk of Courts at the Courthouse.

The Clerk of Courts is responsible for receiving, imaging, and securing ALL papers filed in a case, and for handling ALL filing fees and court ordered deposits and payments.

Case is assigned at the time of filing to one of four judges:Judge Jerry McBride, Judge Victor HaddadJudge Richard Ferenc, Judge Thomas Herman

WHAT HAPPENS NEXT?The Assigned Judge is responsible for the case from start to finish, applying the Ohio Revised Code, Ohio case law, and the Ohio Rules of Civil Procedure.

Trials and hearings are conducted under the Ohio Rules of Evidence.

Civil cases can go to trial with a jury of 8.

What does this system look like?

Plaintiff starts case by filing complaint alleging legal harm.

Clerk serves complaint and summons on all Defendants, usually by certified mail.

Defendant fails to respond after service by Clerk.

Plaintiff may move for and get Default Judgment, case over.

Defendant may move to dismiss if Plaintiff did not allege a legally proper claim.

Defendant gets dismissal if Plaintiff did not state legal claim, case over.

Defendant files answer, sets up legal and factual defenses.

Court rules Plaintiff has a legal claim.

Parties have discovery to learn facts of case thru depositions of witnesses and parties, getting documents, expert examinations, written questions and answers, requests for admissions. Court can require parties to give information.

CIVIL CASE FLOWCHART, Prepared by the Clermont County Common Pleas Court, For Example Only

Parties may move for Summary Judgment if facts and law undisputed.

If facts and law clear, Court grants Summary Judgment, case may be over, no trial.

Court rules disputed facts or law exists.

Trial before Judge with or without jury

Jury verdict or Judge’s decision. No party files appeal within 30 days.

Court ruling is final, case over.

Jury verdict or Judge’s decision, Any party may file an appeal within 30 days.

Case goes to Court of Appeals.

Note: Not all cases follow all paths. Most cases settle by negotiation or thru mediation as cases move thru process. Few cases go to trial. This is NOT a substitute for the legal advice of a qualified attorney.

CRIMINAL CASESGrand jury returns an indictment charging a person with a crime.

Defendant is arraigned to start the process, counsel appointed, bail set.

Attorneys can file motions (to dismiss, to suppress evidence, etc.)

Defendant can plead guilty to certain charges, or

Defendant can go to trial with a jury of 12.

Ohio Rules of Criminal Procedure apply.

BASICS OF CRIMINAL PROCEDUREPossible exclusion of evidence or dismissal of certain charges

Grand Jury Finds probable cause,Returns indictment

Preliminary HearingBind over from Municipal Court

ArraignmentNot guilty plea,Appoint council,Set bond

MotionsTo dismiss, toSuppress, for discovery

Guilty Plea

Trial To a jury, or to a Judge. Proof beyond a reasonable doubt, right to cross examine, etc.

Not Guilty Guilty

Possible Appeal

COMMON PLEAS COURT, ANY DIVISION

MUNICIPAL COURT

UNITED STATES DISTRICT COURT

12TH DISTRICT COURT OF APPEALS

6TH CIRCUIT COURT OF APPEALS

OHIO SUPREME COURT

UNITED STATES SUPREME COURT

APPEALS PROCESS

WHAT IS THE CASE LOAD FOR 2016?• General civil------------------------487• Foreclosure--------------------------604• Personal injury----------------------236• Workers comp----------------------101• Civil protection orders-----------376• Criminal cases----------------------710• Pre-sentence investigations---564• Probation caseload--------------337

• TOTAL CIVIL CASES----------------------1,819 (all values are approximations• TOTAL CASES (CIVIL + CRIM.)-------2,529 based on mid-year projections)

JURY DUTYWhat is jury duty?• Grand Jury• Meets twice a week• Hears evidence only from the

Prosecutor• Determines if a crime has been

committed• Issues an indictment if probable cause

exists• Does not decide guilt or innocence

Depends on which kind • Petit Jury• Hears full trials, civil or criminal• Hears evidence and arguments from

both sides• Returns a verdict after deliberations • Decides guilty or not guilty in criminal

cases• Can award money damages in civil

cases

WHAT IS THE DIFFERENCE BETWEEN A JUDGE AND A MAGISTRATE

A Judge:• Is elected, or appointed by the

governor• Has full authority of the Court• Can make final decisions, impose

criminal sentences

A Magistrate:• Is appointed by the Court• Has limited authority under Civil

Rule 53 and Criminal Rule 19• Can make procedural decisions,

conduct trials and hearings, no final orders

CIVIL PROTECTION ORDER (CPO)

Ex parte order• No contact order• Creates stay-away provisions • Can last for 30 days• Issued just on testimony of party

seeking protection• Violation can be a crime

A Final order• No contact order• Creates stay-away provisions• Can last up to 5 years• Issued after a hearing with both

sides presenting evidence• Violation can be a crime

WHAT IS PROBATION ?• Now called community control.• It is the supervised release of an individual convicted of a crime.• It is an alternative to jail or prison.• Its goal is to rehabilitate the offender.• The probationer has to report weekly, and follow rules set by the Court.• Probationer has to pay court costs and make restitution. • May include substance abuse treatment.

WHY DO CASES TAKE SO LONG IN COURT?

• Criminal cases take priority over civil.

• All parties have the right to learn the facts through discovery, in civil and criminal cases.

• Sometimes an injured party needs to completely heal in order to determine the extent of damages.

• Attorneys have the right to file motions to get preliminary rulings (remember the flow charts?)

• Due process can’t be rushed.

DO JUDGES “MAKE LAW”?• Judges apply the law as set out in the Ohio Revised Code (ORC).

• Judges also apply the precedents from earlier rulings in cases in higher courts.

• Judges apply existing legal principles to new fact patterns (quill pen era concepts to the Twitter age).

• Judges apply ORC generalities to new fact patterns (ORC says “reasonable efforts……”).

• A ruling can become law as other courts follow that legal principle in

future cases.

WHAT IS MEDIATION?• Mediation is a guided discussion process using a neutral mediator as a

diplomat to help parties reach a settlement.

• Mediation is never binding as parties can say “No deal.”

• Mediation is private and off the record.

• Common Pleas Court offers mediation in civil and foreclosure cases. • There is no fee for Common Pleas Court mediation.

WHERE IS COMMON PLEAS COURT LOCATED?270 East Main Street, Batavia

ADDITIONAL INFORMATION• Court web site is: http://www.clermontcommonpleas.com

• Ohio Supreme Court has information on the Ohio court system at: http://www.supremecourt.ohio.gov/

• For legal advice on a particular case, please consult with an attorney.

• Court proceedings are public.

COMMON PLEAS COURT WEB SITESOLD AND NEW

QUESTIONS?THANKS FOR COMING TODAY.