IN RE: AMENDMENTS TO LOCAL RULES OF COURT AND
JURY USE & MANAGEMENT STANDARDS

LOCAL RULES OF COURT, APPENDIX A, which establishes COURT COSTS shall be amended effective April 1, 2007, as to WEDDINGS, and as to JURY TRIAL FEES, in the Civil Division Court Cost schedule, as follows:

JURY USE AND MANAGEMENT STANDARDS, Standard 11, third paragraph, shall be amended effective April 1, 2007, to read as follows:

"Prospective jurors shall be called to report only when a jury is required by law or upon the filing of written jury demand. In civil cases, upon the filing of a Jury Demand, a $250.00 deposit is due, ($70.00 is a non-refundable fee for notices and jury preparation, and $180.00 is a security deposit toward juror fees). The balance of $725.00 is due at conclusion of final pretrial or the jury demand will be deemed waived. A person determined to be indigent may petition the Court for a waiver of the jury deposit requirement."

IT IS SO ORDERED.

LARRY ALLEN, JUDGE

Journal: A-07
Page: 1243
Entered: 3/29/07

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IN RE: AMENDMENT TO LOCAL RULES OF COURT
APPENDIX A; CRIMINAL DIVISION COURT COSTS

Effective on and after February 4, 2008, the Drivers License Diversion Program cost is amended to $125.00 per participant.

The following Probation Department court costs shall also be imposed effective on and after February 4, 2008:

In-court drug screening $10.00 (per screen)

Confirmation of a positive test result $25.00 (per test)
(to be paid in advance by any defendant
requesting confirmation)

IT IS SO ORDERED.

JUDGE LARRY ALLEN

Journal:A-08
Page:1300
Entered:02/01/08

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IN RE: Amendment to Local Rules of Court
Appendix C --- Bail Schedule

Effective Friday, August 1, 2008 the Willoughby Municipal Court Bail Schedule is amended as follows:

Pursuant to Rule 46 of the Criminal Rules of Procedure, the following Bail Schedule is hereby established:

FELONY OFFENSES:

Pursuant to O.R.C. Section 2937.23(A), in cases of felony, the amount of bail shall be fixed by the Judge or Magistrate. Arrangements shall be made through the Bailiff's office for persons charged with a felony to be brought before the Court for a bond hearing without unnecessary delay. On any felony bond that is posted, an additional $45.00 in State mandated costs for deposit into the General Revenue Fund and Reparations Rotary Fund are to be collected in cash at the time bail is posted. State costs are not required on personal recognizance bonds. No person shall be placed or held in jail for failing to pay the additional $45.00 in State costs.

Exception to above:  ****  All persons charged with violations of Ohio Revised Code section 2919.25 (Domestic Violence) or a substantially similar municipal ordinance shall be held for arraignment in person or by video where bail shall be set before a Judge or Magistrate.

TRAFFIC OFFENSES:

1. Personal recognizance bond in lieu of bond in the amount specified in the bail schedule shall be made available to all persons charged with any traffic offense except in the following cases:
   1. Driving while under the influence of alcohol or drugs;
   2. Vehicular homicide;
   3. Leaving the scene of an accident;
   4. Driving while under suspension or revocation of a driver's or commercial driver's license;
   5. Driving without being licensed to drive, except where the driver's or commercial driver's license had been expired for six months or less
      Willfully fleeing or eluding a police officer;
   6. Street racing.
      
      
2. Bond for the above-specified offenses shall be made available at the option of the defendant, as follows:
   1. Cash appearance bond in the amount specified in the Court bail schedule subject to the ten percent (10%) provision upon which amount the accused shall deposit ten percent. Ninety percent (90%) of said amount will be returned to the accused upon final disposition, which includes satisfaction of all fines and costs assessed to the case.
   2. Posting bond in the amount specified in the Court bail schedule guaranteed to the accused as a policyholder of a casualty insurer, or as a member of a bona fide motorists' or travelers' association;
   3. Executing a bail bond with sufficient solvent sureties, or executing a bond secured by real estate in the county, or depositing cash or the securities allowed by law in lieu thereof in the amount specified in the court's bail schedule;
   4. Cash appearance bond which requires deposit of total amounThe total amount will be returned to the accused upon final disposition of the case, which includes satisfaction of fines and costs assessed to the case.
   5. In addition to any misdemeanor bond that is posted, an additional $24.00 in State mandated costs for deposit into the General Revenue Fund and the Reparations Rotary Fund are to be collected in cash at the time bail is posted. State costs are not required to be collected on personal recognizance bonds. No person shall be placed or held in jail for failing to pay the additional $24.00 in State costs.

Misdemeanor Offenses:

1. Personal bond shall generally not be made available unless an evaluation of the criteria for establishing bond for misdemeanor offenses listed below indicates that the accused's appearance is virtually guaranteed. In determining which conditions will reasonably assure appearance, the following factors are to be considered in establishing bond in misdemeanor offenses:
   1. Nature and circumstances of the offense;
   2. The accused's family ties; employment; permanence of residence; record of convictions; record of prior failure to appear when required in judicial proceedings;
   3. Physical, mental or emotional condition which may pose a danger to the accused or to others unless the accused can be released into the temporary custody of a responsible relative, friend, or other responsible person;
   4. Place or residence if not within the confines of the Willoughby Municipal Court jurisdiction.
      
      
2. If the accused is not released on his own recognizance or upon the execution of an unsecured appearance bond, or pursuant to the bail posting options identified above, the accused shall be given a hearing without unnecessary delay before a Judge or Magistrate who shall determine the conditions of his release.
   
   
3. The bail schedule serves as a guideline for the posting of bonds in misdemeanor cases. The officer in charge may use his/her discretion to grant personal bond, if in his/her opinion the circumstances warrant deviation from the guidelines established in the bail schedule. Officer discretion shall not apply in Domestic Violence offenses.

IT IS SO ORDERED.

JUDGE LARRY ALLEN

Journal:A-08
Page:1321
Entered:07/25/08

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IN RE: Amendment to Local Rules of Court (Waiver and Bail Schedules)
Mandated Increase of State Costs for Moving Violations
And Amendment to SPEEDING and EXPIRED OPERATORS LICENSE

Effective on and after September 23, 2008, the Local Rules of Court, Appendix B, Waiver Schedule, attached hereto, is amended as follows:

1. Amend SPEEDING: 26 over limit to 26 – 29 mph over limit; and
2. Add SPEEDING: 30 mph over limit and above (Fine $150; Cost $89; Total $239)
3. Amend Expired Operator’s License, with proof of renewal and no same type convictions in past three (3) years: to Expired Operator’s License, minor misdemeanor:

Further, pursuant to the mandates of Amended Sub. House Bill 562, State costs are increased on and after September 23, 2008, on all moving violations by $10.00 per case.

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that effective on and after September 23, 2008, the Local Rules of Court, Appendix C, Bail Schedule, is amended for Traffic Offenses, paragraph C, as follows:

C. State costs for posted misdemeanor bonds shall be as follows:

1. Non-Moving Violations – State Cost of $24.00;
2. Moving Violations – State Cost of $34.00.

State costs are not required to be collected on personal recognizance bonds.
No person shall be placed or held in jail for failing to pay the additional State costs.

IT IS SO ORDERED.

JUDGE LARRY ALLEN

Journal:A-08
Page:1336
Entered:09/22/08

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IN RE:    Amendment to Local Rules of Court  
Criminal Division Court Costs (S.B. 17)
and Civil Division Court Costs

Effective on and after September 30, 2008, the Local Rules of Court, Appendix A, Court Costs, Criminal Division, attached hereto, is amended to include the following:

CRIMINAL  DIVISION
OTHER COSTS

Driving Privileges Order - with required device(s) (SB 17, eff. 9/30/08; J1. A08; Pg. 1339)	2.50
Immobilization Waiver Fee - (SB 17, eff. 9/30/08; J1. A08; Pg. 1339)	50.00

Effective on and after October 15, 2008, the Local Rules of Court, Appendix A, Court Costs, Civil Division, attached hereto, is amended as follows:

CIVIL DIVISION
CIVIL COMPLAINTS AND OTHER NEW CASES

IT IS SO ORDERED.

JUDGE LARRY ALLEN

Journal:A-08
Page:1339
Entered:09/29/08

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IN RE:     AMENDMENT TO LOCAL RULES OF COURT                                 

Pursuant to the mandates of Senate Bill 17, the Court finds as follows:

In all O.R.C. 4511.19(A) O.V.I. sentences with offense dates on and after September 30, 2008, a portion of fine shall be directed as provided below:

The fines imposed, pursuant to ORC 4511.19(G)(5)(e) and the above sections, shall be remitted for deposit into the Court’s Special Projects Fund (Indigent Driver Interlock and Alcohol Monitoring Fund).

IT IS SO ORDERED.

JUDGE LARRY ALLEN

Journal:A-08
Page:1340
Entered:09/29/08

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IN RE:  AMENDMENTS TO LOCAL RULES OF COURT  

 APPENDIX A and APPENDIX B

The Court, having considered expenses necessary for the operation of the Court and its ancillary programs finds that Appendix A – Court Costs, and Appendix B – Waiver Schedule, attached hereto and incorporated by this reference, are reasonable, necessary and appropriate and each is hereby adopted by this Court and ordered into effect from and after February 18, 2009.

The Court further finds that the present language in Rule 4. Filing Fees.  “The schedule of filing fees…(Appendix B)…” is corrected to read, “The schedule of filing fees…(Appendix A)…”.

Further, the Court finds that all other provisions provided in the Willoughby Municipal Court - Local Rules of Court as amended from time to time are hereby ratified and shall remain in full force and effect subject to further order of the Court.

 IT IS SO ORDERED.

JUDGE LARRY ALLEN

Journal:A-09
Page:1366
Entered:02/17/09

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IN RE:  AMENDMENTS TO LOCAL RULES OF COURT  

APPENDIX A: CIVIL COURT COSTS (Appraisal Fee)

Effective on and after August 26, 2009, Local Rules of Court, Appendix A, Court Costs, Civil Division, under Miscellaneous Proceedings, the Appraisal Fee of $25.00 is increased to $75.00 per appraisal (plus mileage).

 IT IS SO ORDERED.

JUDGE LARRY ALLEN

Journal:A-09
Page:1400
Entered:02/17/09

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IN RE: AMENDMENT TO LOCAL RULES OF COURT

Pursuant to the mandates of Am. Sub. H.B.1, the following changes are effective 10/16/09:

The General Revenue Fund is replaced by the Indigent Defense Support Fund. The Court shall continue to collect General Revenue Fund on all cases with offense dates prior to 10/16/09. On criminal and moving traffic misdemeanors, the Indigent Defense Support fund shall be $20 where the General Revenue Fund was $15. In the case of felonies, the Indigent Defense Support fund shall be $30 where the General Revenue Fund was $15. A non-moving violation (excludes parking) Court cost of $10 is enacted by the bill and adopted by the Court.

Pursuant to O.R.C. 2937.22, a $25 bond surcharge shall be assessed on the posting of bail, inclusive of unsecured   (personal recognizance) bonds. Upon conviction, the surcharge shall be remitted to the Treasurer of State for deposit into the Indigent Defense Support Fund. The $25 shall be returned where there is no conviction. If the surety is other than the defendant, the bond shall not be considered acceptable without receipt of the $25 surcharge.

The court finds that O.R.C. sections 2743.70, 2949.091, and 2949.094, which pertain to assessment of State costs, include the following language: “No person shall be placed or held in a detention facility for failing to pay the court cost or bail that is required to be paid by this section.”  Modified O.R.C. 2937.22 relative to the $25 surcharge does not include such language. The Court addresses this issue in the italicized notation in the prior paragraph.

Waiver amounts received that must be posted as bond because they require further action are considered part of internal administrative processes, and they shall not be subject to the $25 bond surcharge in that these amounts were not originally accepted as bail.

Due to Am. Sub. H.B.1 increases in fees relative to Sheriff service, the following Civil costs are increased:

The Court Cost (Appendix A), Waiver Schedule (Appendix B), Bail Schedule (Appendix C) dated 10/16/09 and attached hereto are adopted by the Court as effective 10/16/09.

 IT IS SO ORDERED.

JUDGE LARRY ALLEN

Journal:A-09
Page:1412
Entered:10/15/09

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IN RE:     AMENDMENT TO LOCAL RULES OF COURT

APPENDIX A                                

The Court, having considered expenses necessary for advertisement, appraisal and bailiff sale for Writs of Execution Upon Personal Property (Levy) finds that Appendix A – ISSUANCE OF WRITS, is amended effective January 1, 2010 to show that; a security deposit of $500.00 (in addition to the filing fee) must be posted within 15 days after service of the Levy or the writ will not proceed.   Any funds not used by the Court shall be refunded to the depositor at completion of the case. 
Further, the Court finds that all other provisions provided in the Willoughby Municipal Court - Local Rules of Court as amended from time to time are hereby ratified and shall remain in full force and effect subject to further order of the Court.

IT IS SO ORDERED.

JUDGE LARRY ALLEN

Journal:A-09
Page:1433
Entered:12/18/09

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IN RE:     AMENDMENT TO LOCAL RULES OF COURT

APPENDIX A                                

Appendix A, Court Costs, shall be amended under PROBATION to enter Second Chance OVI Program (SCOP) fee of Four Hundred Dollar ($400.00).

IT IS SO ORDERED.

JUDGE LARRY ALLEN

Journal:A-10
Page:1437
Entered:01/21/10

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IN RE:     AMENDMENT TO LOCAL RULES OF COURT

Appendix A and Appendix C                                

APPENDIX A: Effective May 5, 2010, Local Rules of Court, Appendix A, Court Costs, is amended under OTHER COSTS, Motion to Seal Record, to add an Administrative Fee of $25.00, for a total cost of for a Motion to Seal Record of $75.00.

APPENDIX C: Effective May 5, 2010, Local Rules of Court, Appendix C, Bail Schedule, is amended as attached to this Journal. Further, the Court finds that all other provisions provided in the Willoughby Municipal Court – Local Rules of Court, as amended from time to time, are hereby ratified and shall remain in full force and effect subject to further order of the Court.

IT IS SO ORDERED.

JUDGE LARRY ALLEN

Journal:A-10
Page:1451
Entered:05/05/10