Rule 3 Criminal proceedings
Baldwin's Kentucky Revised Statutes Annotated43rd Judicial District - Barren and Metcalfe District Court
KY RBAR DIST Rule 3
Rule 3 Criminal proceedings
(BARREN) Arraignments will be held every Monday and Thursday all year excluding court holidays as set by the Administrative Office of the Courts. Arraignments will be held on Mondays and Thursdays at 8:30 a.m. If the Judge is ill or absent, he shall attempt to assign a special judge to arraign or arrange for a staff member or member of the County Attorney's office to inform members of the public of the situation and reschedule matters. All arraignments for prisoners shall be handled as soon as practicable and at or near the end of the regular arraignment docket.
Attorneys or defendants may telephonically request a change in arraignment date or other appearance date which is not for pre-trial conference, motion, or trial, and the Court's secretary shall be entitled to do so without conferring with the Judge so long as (1) no prior continuance has been given, (2) the case is not a felony, and (3) the continuance is within two weeks of the original court date.
(METCALFE) Arraignments will be held every Wednesday all year excluding court holidays as set by the Administrative Office of the Courts. Arraignments will be held on Wednesdays at 9:00 a.m. If the Judge is ill or absent, he shall attempt to assign a special judge to arraign or arrange for a staff member or member of the County Attorney's office to inform members of the public of the situation and reschedule matters. All arraignments for prisoners will be at the beginning of the docket.
(BARREN) Motions in criminal cases which will not require a hearing in excess of fifteen (15) minutes and which will not require testimony may be conducted on any Monday or Thursday, except holidays, at 11:00 a.m. Any Motion requiring a hearing in excess of fifteen (15) minutes or any Motion requiring witness testimony shall be noticed by counsel for any Monday or Thursday at 11:00 a.m. for the purpose of setting a mutually convenient date for hearing. Motions shall be filed at least by 2:00 p.m. two (2) business days before the matter is set to be presented to the Court, unless such Motion is noticed for a date on which the matter is scheduled for jury trial, in which case the Motion must be filed at least one (1) week in advance of such date. Any Motion not filed in compliance with this provision shall be deemed untimely and the Court may refuse to hear it.
(METCALFE) Motions in criminal cases should be scheduled on Wednesdays. Motions shall be filed at least by 2:00 p.m. two (2) business days before the matter is set to be presented to the Court, unless such Motion is noticed for a date on which the matter is scheduled for jury trial, in which case the Motion must be filed at least one (1) week in advance of such date. Any Motion not filed in compliance with this provision shall be deemed untimely and the Court may refuse to hear it.
(3) Bond refunds and assignments. Motions for refund of a cash bond will normally be permissible in misdemeanor cases in which private counsel appears with the defendant. Such Motions may be oral and made in open court without notice. The Commonwealth shall disclose any objection to such refund as soon as it is known, as refunds will be ordered as a matter of course unless the Court is made aware of circumstances making such inadvisable. Bond refunds are always subject to the Court's discretion.
Bond assignments must be filed in writing by counsel and signed under oath by the person in whose name the bond was posted.
(BARREN) Pre-trial conferences may be scheduled on the first (1st) Friday of each month. Pre-trial conferences may also be scheduled on Tuesdays at 1:30 p.m. or on any regular rule day at the discretion of the Judge.
(BARREN) Jury trials normally will be held on Fridays (excluding the first [1st] Friday of each month) and on the filth (5th) Tuesday of any month that contains such a date, or on any other date deemed advisable by the Court. Once begun, trials may be continued to any day of the week at the discretion of the presiding Judge.
(METCALFE) Jury trials will normally be held on the third (3rd) Wednesday of the month at 10:00 a.m., or on any other date and time deemed advisable by the Court. Once begun, trials may be continued to any day of the week at the discretion of the presiding Judge.
(1) Indigent defendants. All defendants charged with violation of the penal statutes who are found by the Court to be indigent and who otherwise qualify for the public advocate's services shall be represented by the Glasgow Office of the Department for Public Advocacy. A public defender fee (PDF) may be imposed in a case at the discretion of the Court; however, the Court will not use the inherent contempt power of the Court to enforce payment of the PDF and imposition of the PDF may be waived upon Motion of defense counsel.
(a) Appointed counsel: Except on a showing of extraordinary circumstances, counsel appointed by the Court will not be removed or permitted to withdraw on grounds of personality conflict or refusal of the defendant to cooperate with counsel. (An example of an “extraordinary circumstance” occurs when a defendant has failed to make any contact with counsel and has had no communication with his/her appointed attorney.) Appointed counsel may be allowed to withdraw if ability to pay for retained counsel is shown during representation, but only if presented to the Court before the day of trial. Withdrawal will not be allowed on the day of trial based on a defendant's newly acquired ability to pay for retained counsel.
(b) Retained counsel: Except for good cause shown, retained counsel who has appeared for the defendant at any proceeding will not be permitted to withdraw prior to entry of final judgment. “Good cause” does not include inability to collect an agreed fee. “Retained counsel” means any attorney authorized to practice before this Court who has not been appointed by the Court to represent the Defendant.
(3) Attorney appearances. No attorney may appear on behalf of his/her client for pre-trial conferencing, preliminary hearing, or trial and excuse the presence of the defendant. Only the Court may excuse the presence of the defendant for good cause shown. Motions made by attorney for the defendant do not require the presence of the defendant unless requested by either party and notice is given to defense counsel.
3.06. Traffic Court/Misdemeanor Court. In the interest of judicial efficiency and economy, the following are accepted as local rules of practice concerning traffic violations and misdemeanor offenses, and attorneys, clerks, officers, and defendants may rely on these rules to govern their advice and actions.
(1) Insurance, registration, license, and defective equipment. The Clerk may accept from the defendant and file with the Court any proof relating to non-misdemeanor traffic offenses. If proof is adequate for dismissal, no appearance will be necessary for the Court to dismiss. However, if proof is not adequate for dismissal, the Court may issue a FT A/DOT notice, which may lead to suspension of driving privileges, and/or issue bench warrants, as appropriate, in the discretion of the Court.
(2) Statutorily set fines for traffic violations and other speeding tickets. Any Defendant may submit fines and court costs for both pre-payable, statutorily set fines and court costs to the Circuit Clerk's office in advance of a court date. Any speeding citation for which the fine is not statutorily set may be submitted at the rate of $100.00, plus statutory court costs. Such submission may be accepted by the Court as a plea of guilty by the defendant and will release the defendant from personal appearance. Defendants may also submit requests for referrals to State Traffic School which will be honored by the Court, so long as the court costs are paid or satisfactory arrangements for payment are made.
(3) Bench warrants and failure to appear suspensions of license. Subject to the discretion of the Judge, bench warrants and failure to appear notices will not be recalled without the appearance of a defendant in Court. Such requests to recall bench warrants and failure to appear designations shall be placed on the docket by Motion of attorneys or defendants, or at the telephonic or written request of Pre-Trial release officers, counsel, or defendants.
Even without the personal appearance of the defendant, the Clerk shall consider as recalled any bench warrant for lines and court costs which have been paid in full and shall notify DOT to recall any attendant FTA of a driver's license.
(b) Statutory corrections: The Clerk may correct any notation by an officer on a citation to conform to the Kentucky Revised Statutes regarding whether the citation requires a court appearance or may be pre-paid into Court in lieu of appearance. Any fines and court costs assessed by an officer as pre-payable shall be honored by the Clerk.
3.07 Hardship License and Ignition Interlock Device Requests.
(BARREN) Defendants seeking Hardship Licenses or Ignition Interlock Devices in Driving Under the Influence cases must contact the Judge's office prior to setting the matter before the Court. Such requests shall be heard in Court at 8:15 a.m. on any Monday or Thursday that Court is scheduled, or at 8:45 a.m. on any Tuesday or Friday that Court is scheduled, or at any other time set by the Court or the secretary of the District Judge. All necessary proof shall be presented to the judicial secretary prior to the hearing and incomplete Petitions shall not be accepted. The Barren County Attorney shall be deemed to have waived the requirement of written notice prior to consideration of a Hardship License or Ignition Interlock application, unless such notice is requested at the time of sentencing, and hearings may be held in the absence of representatives of the County Attorney's office.
(METCALFE) Defendants seeking Hardship Licenses or Ignition Interlock Devices in Driving Under the Influence cases must contact the Judge's office prior to setting the matter before the Court. Such requests shall be heard in Court at 8:45 a.m. on any Wednesday that Court is scheduled. All necessary proof shall be presented to the judicial secretary prior to the hearing and incomplete Petitions shall not be accepted. The Metcalfe County Attorney shall be deemed to have waived the requirement of written notice prior to consideration of a Hardship License or Ignition Interlock application, unless such notice is requested at the time of sentencing, and hearings may be held in the absence of representatives of the County Attorney's office.
3.08 Bond.
(1) Felony releases. Any defendant released on bond, whether cash, partial cash, unsecured, or recognizance (administrative release or judicial release) for any felony offense may be ordered (1) to not commit any other offenses/ have no new arrests, (2) to supply Pretrial Services or a private probation service with current address and phone numbers until completion of the case, and (3) to not use illegal drugs, unless other provisions are expressly ordered. Additionally, if the charge is a felony drug offense and the defendant's criminal record indicates a history of controlled substance or alcohol abuse, then the additional condition of submission to drug screens with Pretrial Services or a private probation agency, both at random and on suspicion, may be entered.
(2) Domestic violence, assault, or stalking releases. Any defendant released on bond, whether, cash, partial cash, unsecured, or recognizance (administrative release or judicial release) for any domestic violence, assault, or stalking offense, whether misdemeanor or felony, may be ordered: (1) to have no contact with the alleged domestic violence victim other than to permit one phone call by a third party to request retrieval of personal clothing and effects and, if agreed, one time third party visit to retrieve any agreed items (with no direct contact), (2) to vacate or stay away from the home of the alleged victim and to stay away from any other location where the victim is likely to be, and (3) to not commit any other offenses/have no new arrests/no violations of law, unless other provisions are expressly ordered.
(3) DUI releases. Any defendant released on bond, whether cash, partial cash, unsecured, or recognizance (administrative release or judicial release) or for any DUI offense may be ordered (1) to not commit any other offenses/have no new arrests/no violations of law, and (2) to not consume alcohol or use illegal drugs. Additionally, if the defendant's criminal record indicates a history of controlled substance or alcohol abuse, the defendant may be ordered to submit to alcohol or drug screens through Pretrial services or a private probation agency, both at random and on suspicion, unless other provisions are expressly ordered.
(4) All other misdemeanor releases. Any Defendant released on bond, whether cash, partial cash, unsecured or on recognizance (administrative release or judicial release) for any other misdemeanor offense shall be considered as being on conditions to not commit any other offenses/ have no new arrests.
(6) Release of bonds and sureties. It is the stated and established policy of this Court to follow the Rules of Criminal Procedure concerning bond surety and release of bonds and sureties. Except as provided in RCr 5.22 and RCr 12.78, bail taken at any stage of proceeding shall continue in effect to insure the appearance of the defendant for any and all purposes at all stages of the proceedings including appeal. RCr 4.54(1). Rule of Criminal Procedure 4.54 (2), which states at this time:
Bail (bond) shall terminate:
(BARREN) Requests for bond assignments shall be made pursuant to RCr 4.46(2) and shall be made by written Motion on Monday or Thursday at 8:30 a.m. with a tendered Order confirming bond assignment, indicating distribution of full bond amount, and indicating bond to be distributed in accordance with Barren Local Rules. Barren Co. Circuit Clerk shall not honor any bond assignment filed which has not been confirmed by Bond Assignment Order by a Judge. Bond assignments on bonds posted by Defendants will not be honored until payment of fines and court costs have been made in full. A sample bond assignment form is attached.
(METCALFE) Requests for bond assignments shall be made pursuant to RCr 4.46(2) and shall be made by written Motion on Wednesday at 9:00 a.m. with a tendered Order confirming bond assignment, indicating distribution of full bond amount, and indicating bond to be distributed in accordance with Barren/Metcalfe Local Rules. Metcalfe Co. Circuit Clerk shall not honor any bond assignment filed which has not been confirmed by Bond Assignment Order by a Judge. Bond assignments on bonds posted by Defendants will not be honored until payment of fines and court costs have been made in full. A sample bond assignment form is attached.
(9) Probation revocation. Any person having been arrested for failure to appear at a Probation Revocation Hearing shall remain incarcerated and shall not be eligible for Pre-Trial Release Criteria pending an appearance in Barren/Metcalfe District Court for bond consideration or Probation Revocation Hearing.
3.09 Miscellaneous.
(1) “Good Time” credits: There shall be no service credits/“good time credits” for inmate work in community work service programs or for work conducted through the Barren County Detention Center to any inmates sentenced by this Court unless specifically agreed to by the Judge and the Barren County Jailer on a ease by ease basis.
(2) ADE notice to attend: At the time of entry of plea in any DUI case, the defendant shall be referred to a probation agency for ADE referral and review. The probation agency shall notify the Clerk on the Notice to Attend form of the state approved Alcohol and Drug Education provider with whom the Defendant intends to enroll.
(4) Theft by deception fees: Pursuant to notice by the Barren County Attorney: For checks issued prior to July 14, 2000, the merchant and County Attorney fee shall be assessed at $15 each for a total of $30. For checks issued July 14, 2000 and after, the merchant and County Attorney fee shall be assessed at $25 each for a total of $50 per check.
Credits
HISTORY: Adopted eff. July 31, 2018.
Barren District Court Rule 3, KY R BARREN DIST CT Rule 3
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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