The method employed by the Dayton Municipal Court for the individual assignment of cases to judges is known as a "true lot". A true lot is defined as the possibility of each case having any one of the judges sitting on the Dayton Municipal Court bench assigned to that case.
A particular session of the court is one in which cases are assigned by subject category rather than by the individual assignment system. The following particular sessions are established:
All particular sessions shall be heard pursuant to an administrative order of the Administrative Judge of the Dayton Municipal Court.
Pursuant to Sup. R. 36, the Administrative Judge shall equally apportion particular session assignments among all judges.
Upon the original filing of a housing violation case, the case shall be referred to the Housing Docket. The Judges of the Court shall annually select a Judge to hear the cases on the Housing Docket. Such judge shall serve for a period of one year, beginning on the first day of January.
Establishment of the Dayton Regional Mental Health Court Docket.
The Dayton Municipal Court established a mental health docket, “the ACCESS II Mental Health Docket”, in 2003. It is the goal of the ACCESS II Mental Health Program to reduce recidivism among defendants with mental and behavioral health issues who face criminal charges in the justice system; to reduce periods of incarceration by defendants with mental and behavioral health issues; and to provide meaningful psychological treatment intervention to these defendants so they may lead crime-free, stable, and healthy lives free from hospitalization. The Judges of the Dayton Municipal Court annually select a judge to hear the cases on the ACCESS II Mental Health Docket. The Mental Health Docket Judge serves for a period of one year, beginning on the first day of January.The Court now finds that this Mental Health Docket is governed by Sup.R.36.20 for Specialized Dockets and orders the implementation of the Specialized Docket Standards. The Court further orders that the name of the ACCESS II Docket be changed to: “The Dayton Regional Mental Health Court Docket.”
Placement on the Dayton Regional Mental Health Court Docket.
To qualify for the Dayton Regional Mental Health Court Docket, a criminal defendant must meet the following legal criteria: be a resident of Montgomery County; be charged with a criminal misdemeanor charge pending in a municipal court within Montgomery County, have a persistent and severe mental illness which would benefit from court monitored treatment; be referred by the judge assigned to the criminal case; and desire to voluntarily enter the ACCESS II Program. Application for placement in the ACCESS II Program shall be subject to initial assessment by the ACCESS II Roundtable (treatment team) based upon the legal and clinical criteria for entering the ACCESS II Program and the approval of the Docket judge. Persons charged with traffic offenses are ineligible for the ACCESS II Program. Any legal issues regarding competency to stand trial or insanity defenses must be resolved before a defendant can enter the Dayton Regional Mental Health Court Docket. Upon referral to the ACCESS II Program, the defendant receives a diagnostic evaluation to confirm that he/she meets clinical criteria. Clinical criteria includes: a diagnosis that is consistent with a severe and persistent mental illness; sufficient stability to understand and comply with program requirements; and the criminal defendant must not pose an unacceptable risk to program staff, family or community. The ACCESS II Roundtable will determine if the defendant qualifies for the ACCESS II Program, subject to the final approval of the Docket Judge.
Upon acceptance into ACCESS II, the defendant enters a plea of guilty and the Dayton Regional Mental Health Court Docket Judge imposes supervised community control and a jail sentence suspended pending successful completion of the ACCESS II Program. After entering the ACCESS II Program, the case is transferred to the Dayton Regional Mental Health Court Docket. If the criminal defendant does not enter the ACCESS II Program, then the case is returned to the original referring court to proceed on that court’s docket. The judge presiding over the Dayton Regional Mental Health Court Docket has the responsibility for case management of all cases transferred to the Docket. In the event the criminal defendant is unsuccessfully terminated from the ACCESS II Program, all or part of the defendant’s criminal sentence may be imposed.
Docket Case Management.
Criminal defendants accepted into ACCESS II will participate in counseling for mental health (individual and/or group sessions) and for substance abuse, if appropriate. The treatment plan may also include obtaining stable housing and reliable transportation, completing high school or obtaining a GED, participating in vocational assessment and entering appropriate training, attempting to obtain and/or maintain employment (either part or full time). The Dayton Regional Mental Health Court Program Description, Participant Handbook, and Participation Agreement (as amended from time to time) are incorporated by reference.
Termination from ACCESS II.Upon successful completion of the ACCESS II Program, the criminal defendant is graduated and his or her charges may be dismissed. If the criminal defendant violates the terms of ACCESS II, a Notice of Violation is filed and a Hearing is scheduled. In the event the Court finds that the terms of the ACCESS II Program have been violated and the defendant should no longer continue, the defendant is terminated from the ACCESS II Program and all or part of the criminal sentence is imposed. A criminal defendant may be neutrally discharged if he or she is no longer capable of completing the ACCESS II Program.
On a plea of not guilty in multiple related cases, these cases may be grouped for assignment to the same judge. Cases relating to different defendants, even if arising out of the same transaction, shall be separately assigned unless a motion for consolidation had been granted by the Administrative Judge.
After a case has been individually assigned pursuant to Sup. R. 36, it shall not be reassigned to another judge without a proper recusal entry. All transfers of assignments should be effected by a properly recorded entry of the Administrative Judge.
Judges are assigned to courtrooms and sessions, both general and particular, by order of the Administrative Judge.
Whenever a notice of appeal is filed in this court, the Administrative Judge shall immediately be furnished with a copy of the notice of appeal and all papers filed in connection therewith.
Rule 43 of the Rules of Superintendence for the Courts of Ohio shall be followed.
All documents, except the complaint offered for filing and required to be served to other parties, shall contain proof of service in the form provided by Civil Rule 5.
The Clerk shall file and preserve in his office all papers delivered to him for that purpose. No papers, documents, or exhibits on file in the office of the Clerk of Court shall be allowed to be taken from the custody of the Clerk except as hereinafter provided.
Excepting court personnel, original papers, which shall include transcripts or depositions filed in the action, shall not be taken from the files except upon filing an entry approved by the court and a written receipt, which shall be retained by the Clerk until the file is returned. In no event shall the file be removed for longer than three (3) days, except by court personnel.
By order of a judge of this court, any exhibit may be returned to the witness or party by whom it was produced after the substitution of a photostatic copy thereof; provided, however, that such order may dispense with such substitution in the case of an original record, paper, or object taken form the custody of a public officer which is being returned to such officer, or in the case of an exhibit used only in making proof against a party whose default has been entered, or when a receipt shall be given, or when a written stipulation of all the parties consenting thereto is filed. The application for such an order shall be supported by an affidavit stating all the pertinent facts, except where it is made on stipulation.
The Clerk shall, upon request, furnish extra copies of pleadings or other papers upon the payment of a reasonable fee.
No entry shall be accepted or docketed by the Clerk until it is approved by the appropriate judge or the Administrative Judge in the absence of the assigned judge. In small claims cases, the exhibits shall be returned to the party submitting said exhibits at the completion of the appeal period.
Plaintiffs shall tender with the original complaint a sufficient number of service copies for all defendants to be served.
In actions in Aid of Execution on the Appearance Call Docket where the plaintiff or plaintiff's attorney does not appear at the time for examination set forth in the order, the presence of anyone summoned to appear shall be noted on the docket and the party excused. In such event, the cost of that proceeding shall be taxed to the party who filed the proceedings and be so reflected on the docket, and counsel may be subject to appropriate action by the court.
The failure of any person to appear for examination or to hold funds, as directed under proceedings in Aid of Execution, shall be grounds for the issuance of a citation in contempt against said person. Such citation shall be issued on forms prescribed by the court and heard by the civil magistrate.
On motion reciting that personal service of the proceedings in Aid of Execution was made upon the person who failed to appear or to hold funds as directed therein, an order may issue for the appearance forthwith of said person to show cause why he should not be punished for contempt of court.
Pursuant to O.R.C. 2933.41, all property in the custody of the Dayton Police Department, except contraband, which is no longer needed as evidence and that the Police Department despite reasonable efforts has been unable to locate the person or persons entitled to possession, may periodically be sold at public auction. Contraband in the Dayton Police Department, which is no longer needed as evidence and is not otherwise subject to other provisions of the law, may be destroyed upon receipt of an appropriate order of the court.
Firearms and dangerous ordnance suitable for police work may be given to law enforcement for that purpose. Firearms suitable for sporting use or as collectors' items may be sold at public auction. Other firearms and dangerous ordnance shall be destroyed pursuant to O.R.C. 2933.41(D)(2).
All funds, including restitution, unclaimed after one year and after notice is given pursuant to O.R.C. 1901.31, shall be treated as unclaimed funds by the Clerk of Court and paid to the City Treasurer.
The Dayton Municipal Court finds that the following Record Retention Schedule meets the record retention and disposition requirements of the Revised Code and Superintendency Rules 26, 26.01, and 26.05 for records of the court, of the Office of the Dayton Municipal Court Clerk, of the Office of the Court Administrator and of the Probation Division. After the retention period expires, the records will be destroyed or otherwise disposed of pursuant to Superintendency Rule 26. The court may order the retention period for an individual case file extended beyond the period specified in the Schedule, pursuant to Sup.R. 26(H).
Records may be retained in a form authorized by R.C. 9.01 or Superintendence Rule 26. These records shall have the same effect at law as the original records and authenticated or certified copies shall be admissible in evidence.
After the retention period expires, the records shall be destroyed or disposed of pursuant to R.C. 1901.41 and Superintendence Rule 26, unless the records must be retained by law.
Administrative Journal - Permanent
Annual Reports (two copies) - Permanent
Audit Reports - Permanent
Bank Records - 3 years, if audited
Budget - 3 years, if audited
Canceled Checks (including carbons) - 3 years
Cash books - 3 years, if audited
Civil Appearance Docket - 25 years
Civil Case Files - 15 years, if audited
Civil Cash Books - 3 years, if audited
Civil General Index (on computer) - 25 years
Civil Journal (microfiche after 9/83) - 25 years
Correspondence and General Office Records Until no longer of administrative value
Court Proceedings—Electronic Audio Recordings – 5 years
Court Reporter Trial Notes - 3 years
Criminal Docket Book - 25 years
Criminal Case Files – As provided by law
Criminal Cash Books - 3 years, if audited
Criminal General Index - 25 years Criminal Journal (on microfiche after Sept. 1983) - 25 years
Criminal Preliminary Appearance Docket - 25 years for existing dockets
Depositions - Up to 60 days after the written notice to retrieve is sent to notice to retrieve is sent to the tendering party
Driving Under Influence Case Files – As provided by law
Execution Docket - 25 years
Exhibits - 5 years
Fiscal Records - 3 years, if audited
Foreign Certificate of Judgment - 12 years
Grant Records - 3 years after expiration of grant
Judges' Monthly Reports - 3 years
Minor Misdemeanor Case Files – As provided by law
Minor Misdemeanor Docket - 25 years
Monetary Records - 3 years, if audited
Parking Tickets (uncontested) - Until paid and audited
Pay-in Orders - 3 years, if audited
Payroll Records - 3 years, if audited
Personnel Applications for Posted and Advertised Positions - 2 years
Personnel Benefit & Leave Records - 3 years, if audited
Personnel History & Discipline - 10 years after termination
Probation Division Annual Reports - Permanent
Probation Division Monthly Reports - Until compiled into annual report
Probation Division Daily Record Sheet - 3 years
Probation Presentence Reports and Individual Case Files - 10 years
Receipt Records - 3 years, if audited
Rental Escrow Account Records - 5 years after the last date of deposit
Requests for Proposals, Bids, and Resulting Contracts - 3 years after expiration of contract
Small Claims Appearance Docket and General Index - 25 years
Small Claims Case Files - 15 years after audit report issued
Traffic Case Files (Misdemeanor) - As provided by law
Traffic Case Files (Minor Misdemeanor) - As provided by law
Traffic Docket - 25 years Traffic
General Index (Separate indexes for the Division and Violation Bureau) - 25 years
Traffic Journal (microfiche after 9/83) - 25 years
Transcripts - Up to 60 days after the written notice to retrieve is sent to the tendering party
Trusteeship Docket - 25 years
Trusteeship Files and Records - 15 years after final case disposition
Warrants (Copies of search warrants issued) - 5 years after date of service or last service attempt
Witness and Jury Voucher Fee Stubs - 3 years, if audited
Yearly Reports - Permanent
Only attorneys regularly admitted to the practice of law in the State of Ohio or those certified to specially practice by the Supreme Court of Ohio or those authorized by the court shall be permitted to practice in this court. This rule shall not prohibit a party from acting as his or her own counsel in any proceeding in this court.
When the Court determines that a defendant is legally entitled to counsel and is unable to obtain one pursuant to Crim.R. 44, the Court shall appoint either an attorney from the Mont. Co. Public Defender's Office or private counsel to represent the defendant.
The Court maintains lists of attorneys in private practice for appointment to represent indigent defendants in criminal and traffic cases. The lists are based on the master list maintained by the Montgomery County Common Pleas Court of attorneys who are qualified to serve as appointed counsel.
To ensure equitable distribution of appointments, the lists are arranged alphabetically and the attorneys are contacted in that order until an attorney is reached that can take the case. When selecting the attorney to be appointed, the attorney's skill and expertise in handling that type of criminal case and the attonery's management of his or her current caseload may be considered, pursuant to Sup. R. 8. Periodically, the lists are reviewd for equitable distribution of appointments. The manner and rate of compensation for appointed counsel is available through the Court Administrator's Office.
Immediately upon approval by the court of representation of a defendant by the Public Defender's Office, that office shall file with the Clerk of Court a journal entry formalizing the appointment.
Personal service is usually made upon staff attorneys of the public defender, but where such service is not possible, pursuant to Crim. R. 57 there shall be maintained in the office of the Criminal Division of the Clerk of Court a "Public Defender Service Box". In addition to other methods of service authorized by Civ. R. 5(B), service may be made upon any public defender by depositing a service copy in the Public Defender Service Box. Such deposit, when made, shall be deemed serviced by delivery, rather than by mail.
Once deposited in the Public Defender Service Box, documents therein shall be deemed in the custody of the Public Defender, who shall be responsible for distribution of such items to the appropriate responsible staff attorney. No person except the Public Defender or his/her authorized representative shall remove any documents from the Public Defender Service Box.
Sup. R. 41 shall be followed. Additionally, attorneys submitting motions for continuances shall accompany them with an entry providing blank spaces for the new trial or hearing date, time, and courtroom.
Unless extended by the court, no pre-trial motion, except for one for continuance or as otherwise provided by law, shall be filed within seven (7) days of the trial date. All motions shall be served upon all counsel or the parties, if not represented by counsel, on the day of filing, pursuant to the Ohio Rules of Civil Procedure.
Any motion other than one for continuance shall be accompanied by a memorandum indicating the issues and authorities in support thereof. If there is no memorandum, said motion shall be stricken from the files.
Opposing memoranda shall be filed not later than fourteen (14) days from the service of the motion or on the day prior to the trial or hearing on the motion, whichever is earlier, or at such other time as set by the assigned judge.
Motions shall be deemed submitted when the opposing memoranda are filed or the time for filing expires, whichever is earlier. Assignment of any motion for oral hearing shall be at the discretion of the court.
In a criminal or civil case, the party requesting a court appointed interpreter or translator shall make a written request to the court at least three (3) days before the date of the trial or hearing. The court may waive the written request requirement. Upon receiving the request, the court will determine if an interpreter or translator is necessary. The expenses for the interpreter or translator in a civil case shall be taxed as part of the costs allowed to the prevailing party, unless otherwise directed by the court. In a criminal case, the interpreter or translator expenses shall be paid out of the court general fund.
Subject to inspection by court security personnel and the restrictions and prohibitions in this section, a person may bring an electronic device into the Dayton-Montgomery County Courts Building and use the electronic device for the purpose of sending and receiving phone calls and electronic messages, and for any other lawful purpose not otherwise prohibited.
An electronic device means a cell phone, a computer, and any other device that is capable of transmitting, receiving, or recording messages, images, sounds, data, or other information by electronic means or that, in appearance, purports to be a cell phone, computer, or such other device; and a camera, regardless of whether it operates electronically, mechanically, or otherwise and regardless of whether images are recorded by using digital technology, film, light-sensitive plates, or other means.
Restrictions and Prohibitions
The Dayton Municipal Court has determined that, for the efficient operation of the Court, it is necessary to define acceptable forms of payment. The following forms of payment will be accepted:
P.O. Box 10700
301 West Third Street
Dayton, OH 45402
Office hours for the Clerk of Court are 8:00am to 4:30pm, Monday through Friday, excluding holidays, for the acceptance of case filings and payments. Traffic and Criminal payments can also be paid online at www.paymyfine.org.
Clerk of Court: