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Rule 8 Criminal proceedings

Baldwin's Kentucky Revised Statutes Annotated34th Judicial Circuit - Mccreary and Whitley Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
34th Judicial Circuit - Mccreary and Whitley Circuit Courts
KY RMWC Rule 8
Rule 8 Criminal proceedings
Currentness
801. ASSIGNMENT OF CRIMINAL CASES
When an indictment is returned by the Grand Jury the Clerk shall enter the appropriate information into the computer system and request the computer to assign the case to a Division. Thereafter, all process, pleadings, motions, orders, and papers filed in the case shall set forth the Division on which the case has been assigned.
802. CRIMINAL COURT SCHEDULING/MOTION HOUR/PROCEDURES FOR FILING
802.1 REGULAR MOTION HOUR SCHEDULE--CRIMINAL.
A. CRIMINAL MOTION DAYS:
DIVISION I:
WHITLEY--11:00 A.M.--FIRST (1st) MONDAY OF EACH MONTH
McCREARY--11:00 A.M.--FOURTH (4th) MONDAY OF EACH MONTH
DIVISION II:
WHITLEY--11:00 A.M.--THIRD (3rd) MONDAY OF EACH MONTH
McCREARY--11:00 A.M.--SECOND (2nd) MONDAY OF EACH MONTH
In the event a motion day falls on an observed holiday, it shall be held on Tuesday immediately following the scheduled Monday motion day.
B. CRIMINAL PRE-TRIAL CONFERENCE DAYS:
DIVISION I:
WHITLEY: AT 9:00 A.M. ON THE 2ND TUESDAY OF EACH CRIMINAL SESSION MONTH, THOSE BEING JANUARY, MARCH, MAY, JULY, SEPTEMBER AND NOVEMBER.
McCREARY COUNTY: AT 9:00 A.M. ON THE 3RD TUESDAY OF EACH CRIMINAL SESSION MONTH, THOSE BEING FEBRUARY, APRIL, JUNE AUGUST, OCTOBER AND DECEMBER.
DIVISION II:
WHITLEY COUNTY: AT 9:00 A.M. ON THE 4TH TUESDAY OF EACH CRIMINAL SESSION MONTH, THOSE BEING JANUARY, MARCH, MAY, JULY, SEPTEMBER AND NOVEMBER.
MCCREARY COUNTY: AT 9:00 A.M. ON THE 1ST TUESDAY OF EACH CRIMINAL SESSION MONTH, THOSE BEING FEBRUARY, APRIL, JUNE, AUGUST, OCTOBER AND DECEMBER.
The attorney appearing for the defendant at arraignment shall be in attendance at the Pretrial conference and shall submit such written motions, which are expected to be offered in the case.
DIVISION I:
WHITLEY--11:00 A.M.--FIRST (1ST) MONDAY OF EACH MONTH
MCCREARY--11:00 A.M.--FOURTH (4TH) MONDAY OF EACH MONTH
DIVISION II:
WHITLEY--11:00 A.M.--THIRD (3RD) MONDAY OF EACH MONTH
MCCREARY--11:00 A.M.--SECOND (2ND) MONDAY OF EACH MONTH
In the event a motion day falls on an observed holiday, it shall be held on Tuesday immediately following the scheduled Monday motion day.
803. GRAND JURIES
A grand jury shall be impaneled in Whitley and McCreary County two times yearly for a six months term and shall serve for both Divisions. Unless otherwise ordered, the grand jury shall meet on the first (1st) Monday of each month in Whitley County and on the second (2nd) Monday of each month in McCreary County and shall report on the third (3rd) Monday of each month in Whitley County and on the fourth (4th) Monday of each month in McCreary County.
804. CRIMINAL INDICTMENT WARRANTS AND ARRAIGNMENTS
804.1 After an Indictment has been returned by the Grand Jury, an Indictment Warrant shall be issued for a defendant, if the defendant has not been processed through District Court. If the defendant has been processed through District Court, a summons shall be issued for the defendant, but, if the case has been processed through District Court and has been dismissed by a 60 day order, then a warrant shall be issued for the defendant.
804.2 Unless otherwise ordered, all defendants shall be arraigned in open court on the following days:
Division I: First (1st) Monday of each month at 11:00 a.m. in Whitley County and the Fourth (4th) Monday of each month at 11:00 a.m. in McCreary County.
Division II: Third (3rd) Monday of each month at 11:00 a.m. in Whitley County and the Second (2nd) Monday of each month at 11:00 a.m. in McCreary County.
In the event a motion day falls on an observed holiday, it shall be held on Tuesday immediately following the scheduled Monday motion day.
805. WITHDRAWAL OF ATTORNEYS IN CRIMINAL CASES
805.1 An Attorney shall not withdraw from employment after arraignment in a criminal proceeding without permission of the Court. Within twenty (20) days of trial, an attorney of record shall not be permitted to withdraw from a criminal case, in the absence of a compelling reason.
805.2 Retained trial counsel shall secure permission of the Court before withdrawing as counsel for any defendant who seeks to appeal a judgment of conviction. Before permission to withdraw is granted, it shall be the responsibility of retained trial counsel to prepare and file the following:
A. Notice of appeal pursuant to RCr 12.04;
B. Motion, affidavit, and order for leave to appeal in forma pauperis, if applicable;
C. Designation of record on appeal; and,
D. An order substituting the Office of Public Advocacy as counsel on appeal, if applicable.
805.3 At the time of arraignment, each case shall be assigned for a pretrial conference and/or a trial. Only one Pretrial conference shall be held as a matter of course in criminal cases. Participants in the pre-trial conference shall be the Commonwealth Attorney, the victim and/or complaining witness, the defendant, and defendant's attorney. Pretrial Conferences shall be scheduled on the following dates:
DIVISION I:
Whitley County: at 9:00 a.m. on the 2nd Tuesday of each criminal session month, those being January, March, May, July, September, and November.
McCreary County: at 9:00 a.m. on the 3rd Tuesday of each criminal session month, those being February, April, June, August, October, and December.
DIVISION II:
Whitley County: at 9:00 a.m. on the 4th Tuesday of each criminal session month, those being January, March, May, July, September, and November.
McCreary County: at 9:00 a.m. on the 1st Tuesday of each criminal session month, those being February, April, June, August, October and December.
805.3 The attorney appearing for the defendant at arraignment shall be in attendance at the pretrial conference and shall submit such written motions, which are expected to be offered in the case.
806. CLASS D FELONY PRETRIAL DIVERSION PROTOCOL
The Pretrial Diversion Protocol is attached hereto and incorporated herein as Appendix D.

Credits

HISTORY: Adopted effective August 4, 2017.
McCreary and Whitley Circuit Court Rule 8, KY R MCCREARY WHITLEY CIR CT Rule 8
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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