RULE 22 CONTEMPT MOTIONS
22.01 Specificity: All motions for a party to appear and show cause why he or she should not be held in contempt of a prior court order shall contain the specific facts or must be accompanied by an affidavit setting forth the specific facts forming the basis for the motion. A party requesting a court order to compel a person's appearance at a hearing for such purpose shall provide a copy of the motion and proposed order to the Court for signature.
22.02 Service: Motions for contempt shall be served pursuant to Ohio Rule of Civil Procedure 4 through 4.6; provided that, when imprisonment is sought as a sanction, the responding party shall be served by personal service.
RULE 23 MEDIATION
23.01 Procedure: If there is any disagreement regarding allocation of parental rights and responsibilities, or companionship and visitation, the parties may mediate their differences within a specific period of time. The Court shall determine the payment of costs and facilitate the selection of a mediator.
23.02 Unofficial delinquency and unruly cases may be referred for a Mediation Conference by the Court's intake officer.
23.03 Statements made during pre-trial Mediation Conferences are subject to
Evidence Rules 408 and 41 0.
23.04 The mediator shall not disclose the contents of the mediation except as
agreed to by all parties or in accordance with applicable statutes and rules governing
mediator disclosures.
23.05 A Mediation Conference may be court ordered during the pendency of
a case.
23.06 The mediator shall submit an outcome report within a specified period
of time and shall indicate the parties' full or partial agreement and the number of
sessions attended, or, if no agreement, shall state only that no agreement was reached. If
the parties enter into an agreement, the agreement becomes part of the record and is an
enforceable court order.
RULE 24 COURTROOM DECORUM
24.01 Any person entering the Juvenile Court area is subject to search. No person carrying a bag, case or parcel shall be permitted to enter or remain in any courtroom without First, if requested by the Court, submitting such bag, case or parcel to security personnel for inspection.
24.02 The general public may be excluded from the courtroom and only those persons who have a direct interest in the case are to be admitted, in accordance with O.R.C. 2151.35 (A) (1). Hearings regarding charges against adults and serious youthful offenders will be open in accordance with O. R. C 2152.
24.03 No child shall be permitted to enter or remain in any courtroom unless accompanied by an adult.
24.04 At all court appearances, all parties must be properly attired in accordance with the following:
A. No cutoff or short shorts
B. No hats
C. Shirts are required. The following garments are considered inappropriate in Court: midriff tops, tank tops, strapless tops and
shirts, blouses, t-shirts or other tops that contain offensive language or pictures (sexual, drug, tobacco or alcohol related)
D. Shoes are required
E. No visible undergarments (examples: bra strap hanging
out of shirt or boxer shorts hanging out of jeans)
If the parties are not properly attired in accordance with this rule, the Court may order that the hearing will not go forward. If witnesses or spectators are not properly attired, they may be excluded from the hearing.
24.05 Food and beverages and smoking are prohibited in the courtroom during all hearings.
24.06 Persons committing any violation of proper conduct shall be removed from the courtroom, hallway or entryway by security personnel charged with the enforcement of this Rule.
RULE 25 SANCTIONS
25.01 The Court may order sanctions or take other appropriate measures when an attorney or a
pro se
party unnecessarily causes undue delay or conflict, or fails to abide by these Rules, the Ohio Rules of Civil Procedure, the Ohio Rules of Criminal Procedure or the Ohio Rules of Juvenile Procedure.
RULE 26 APPEARANCE, WITHDRAWAL OR
SUBSTITUTION OF COUNSEL
26.01 The right of all parties to be represented and retain counsel of their own choosing is implicit in the law and is fully recognized by the Court. Indigent parties shall be appointed counsel as provided in the Ohio Revised Code and Ohio Rules of Juvenile Procedure. Court employees shall maintain a neutral and impartial position and shall not function as advocates or adversaries. Court personnel shall not indicate that counsel is or is not necessary in any particular case.
26.02 Any attorney who is retained by any party in any proceeding pending in this Court shall enter his/her appearance as counsel of record within forty-eight (48) hours of being retained by the party or as soon as possible prior to the next scheduled hearing if the attorney is retained less than forty-eight (48) hours before the scheduled hearing, whichever is sooner. Said appearance of Counsel shall be filed with the Court and served upon all parties or attorneys of record.
26.03 Withdrawal: After entering an appearance as counsel, no attorney shall be relieved of responsibility unless:
a. Counsel timely files a written motion with the Court stating
the grounds for withdrawing from the case, together with a proper certification that counsel has notified the client of all subsequent hearing dates and the necessity for attendance at those hearings, and has notified both the client and opposing counsel, or party if unrepresented, of the withdrawal, and;
b. The Court grants the motion.
26.04 Substitution of counsel of record. Any attorney entering a case, on behalf of a party who has had previous representation in the action, shall do so by written notice of substitution filed with the Clerk and proper certification to all parties/attorneys of record.
26.05 Should appointed counsel file additional pleadings or appear in cases after the completion of the matters for which they were initially appointed, counsel must file a new affidavit of indigence. The affidavit must be completed by their client contemporaneously with the filing or the appearance. This provision does not apply to cases of abuse, neglect or dependency involving Children’s Services Board.
RULE 27 INACTIVE CASES
27.01 Any party or attorney for any party who initiates any action in this Court shall attempt to obtain service on all parties as soon as possible.
27.02 In cases involving delinquency, unruliness, juvenile traffic offenders or adults charged with criminal acts, the Prosecutor shall be given notice of failure of service and be responsible for obtaining service of process.
27.03 In cases involving paternity, allocation of parental rights, custody, support, visitation or related matters or allegations of abuse neglect or dependency, if service is not perfected, counsel or the party, if unrepresented shall be given notice of the failure of service, the date of filing and that if service is not perfected within six months of filing, the action will be dismissed without prejudice, without further hearing.
RULE 28 EX PARTE COMMUNICATION
28.01 No individual
shall discuss the merits, either orally or in writing, of any litigation with any Judge or Magistrate presiding over the matter without the presence of opposing counsel or the party, if not represented.
RULE 29 MEDIA ACCESS TO JUVENILE PROCEEDINGS
Print or broadcast journalists seeking access to proceedings shall request access by filing a Motion with the Court. In accordance with Rule 12(A) of the Rules of Superintendence for the Courts of Ohio, motions for permission for the broadcasting, televising, recording or taking of photographs in the courtroom shall be in writing and the ruling shall be made part of the proceedings. Motions shall be filed within a reasonable time before any scheduled proceeding. A hearing shall be held on said Motion.
If access is permitted, the hearing officer, after consultation with the media, shall specify the place or places in the courtroom where the journalists, operators and equipment are to be located. The hearing officer shall include such terms in the ruling as will limit potential distraction for the participants, maintain the dignity of the proceedings and prevent material interference with achievement of a fair trial.
Permissible Equipment and Operators
Use of more than one (1) portable camera (television videotape or movie) with one operator shall be allowed only with the permission of the hearing officer.
Not more than one still photographer shall be permitted to photograph the proceedings without permission of the hearing officer. Still photographers are limited to two (2) cameras with two (2) lens for each camera.
For radio broadcast purposes not more than one (1) audio system shall be permitted in court. Where available and suitable, the existing audio pick up systems in the courtroom shall be used by the media. In the event no systems are available, microphones and other electronic equipment necessary for audio pick up shall be as inconspicuous as possible, but must be visible.
Visible audio equipment may be used by news media reporters with prior permission of the hearing officer.
Arrangements between or among media for “pooling” of equipment shall be the responsibility of the media representatives authorized to cover the proceedings. Such arrangements are to be made outside of the court and must be made without imposing on the hearing officer or court personnel. If disputes arise over such arrangements, the hearing officer shall exclude all contesting representatives from the proceedings.
Use of electronic or photographic equipment which produces distracting sound or light is prohibited. No artificial light other than normally used in the courtroom shall be employed.
Still photographers, television and radio representatives
shall be afforded a clear view, but shall not be permitted to move about the room during the proceedings from the places they have been positioned by the hearing officer, except to enter and leave the courtroom.
The changing of film or recording tape in the courtroom during the proceedings is prohibited.
The hearing officer may impose limitations on media actions as deemed appropriate for a given case. The following are limitations that are in force in all situations:
1. There shall be no audio pickup or broadcast of conferences conducted in a court facility between attorneys and client or co-counsel or conferences conducted at the bench between the hearing officer and counsel.
2. The hearing officer shall inform victims and witnesses of their right to object to being filmed, videotaped, recorded or photographed. Any objections shall be honored by the media.
3. There shall be no filming, videotaping, recording, broadcasting or taking of photographs of jurors.
Upon failure of any media representative to comply with the conditions prescribed by the hearing officer, or the Superintendence Rules of the Supreme Court, the hearing officer may revoke permission to broadcast, photograph or attend the proceedings.
This rule shall not be construed to grant media representatives any greater rights than permitted by law wherein public or media access or publication is prohibited, restricted or limited.
Any future amendments to Rule 12(A) of the Rules of Superintendence for the Court of Ohio are incorporated herein and, to the extent that such amendments conflict with this rule, they shall take precedence.