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Rule 4. Procedures in criminal cases

Baldwin's Kentucky Revised Statutes Annotated53rd Judicial Circuit - Anderson, Shelby and Spencer Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
53rd Judicial Circuit - Anderson, Shelby and Spencer Circuit Courts
KY RASS Rule 4
Rule 4. Procedures in criminal cases
A. Regular criminal hearing days in Anderson County will be the first Tuesday of the first full week of each month and the third Tuesday thereafter (unless otherwise Ordered), beginning at 9:00 a.m.
B. Regular criminal hearing days in Shelby County will be the first Monday of the first full week of each month and the third Monday thereafter (unless otherwise Ordered), beginning at 8:30 a.m.
C. Regular criminal hearing days in Spencer County will be the first Wednesday of the first full week of each month and the third Wednesday thereafter (unless otherwise Ordered), beginning at 9:00 a.m.
D. The Court may schedule other criminal matters requiring a hearing greater than ten (10) minutes at any other time available on its calendar.
E. There will be no arraignment scheduled on the Court's calendar without proper service of a summons or warrant prior to the arraignment.
F. Criminal matters shall have priority on the Court's calendar for trial dates.
G. Grand Juries. A regular grand jury shall be impaneled pursuant to KRS 29A.210 in January and July of each year in Anderson County, Shelby County and Spencer County; and at such other times as the Judge may find that the ends of justice or the needs of the counties require. A special grand jury may be impaneled by the Judge pursuant to KRS 29A.220 in the manner and for the reasons provided in that section.
H. Appointment of the Department of Public Advocacy. If it appears after inquiry and examination that a defendant is not financially able to employ an attorney and is otherwise eligible for the appointment of counsel to represent him, the Court shall appoint the Department of Public Advocacy as defendant's counsel, subject to existing laws and regulations of that agency.
I. Pro Se Defendants. In the event a defendant shall insist upon representing himself without counsel, the defendant shall be brought before the Court and be examined by the Court concerning his/her understanding of the proceedings and possible consequences to him/her in the proceedings, his/her right to the assistance of counsel, and all other relevant matters. If the Court is convinced that defendant is aware of his/her rights and has waived them knowingly, voluntarily, and intelligently, the Court shall permit him/her to proceed without counsel and shall, by written Order, relieve any counsel previously appointed. The Court may, in its discretion, appoint advisory or standby counsel to aid the defendant if the Court deems such appointment will advance the ends of justice.
J. Notice of Motions. The notice of a motion in a criminal case, other than a motion for shock probation or prerelease probation, shall specify the date, time and place for the hearing thereof. Motions for shock probation or prerelease probation shall not be noticed for a hearing, but such motions shall be heard at the convenience of the court or the court may rule upon the motion without a hearing.
K. Filing Deadline. Shelby Circuit Court criminal motions shall be filed with the Clerk before 1:00 P.M. on the Wednesday preceding the motion day designated in the notice. Anderson Circuit Court criminal motions shall be filed with the Clerk before 1:00 P.M. on the Thursday preceding the motion day designated in the notice. Spencer Circuit Court criminal motions shall be filed with the Clerk before 1:00 P.M. on the Friday preceding the motion day designated in the notice.
L. Withdrawal of Attorneys
i). An attorney shall not withdraw from employment in a criminal proceeding without permission of the Court. After a criminal case is set for trial, an attorney of record shall not be permitted to withdraw from the case in the absence of a compelling reason.
ii). Retained trial counsel shall secure permission from the court before withdrawing as counsel for a 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 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. Order substituting the Department of Public Advocacy as counsel on appeal, if applicable.
M. Pretrial Conference, Status Hearing, Docket Pass, and Guilty Pleas.
i). In all criminal cases in which the defendant elects to enter a plea of guilty, the Commonwealth's Offer on a Plea of Guilty and Petition to Enter Plea of Guilty shall be signed by the defendant and attached to the record by 3:00 P.M. one (1) business day before the scheduled motion docket.
ii). In cases where the defendant is detained at the Shelby County Detention Center and the defendant intends to request a continuance of the scheduled status hearing before the Court, a Docket Pass Form and Order shall be completed by defense counsel and tendered to the Clerk (original or faxed copy) by 3:00 p.m. one (1) business day before the scheduled motion docket so that the defendant whose case is being passed will not be transported from the Shelby County Detention Center for the motion docket.
In all other cases, if a pass is sought for a defendant(s) in other institutions or detention facilities, then the Form and Order (original or faxed copy) shall be filed with the Clerk by 3:00 P.M. three (3) business days before the scheduled motion docket in order to avoid transport. The original Form and Order shall then be presented to the Judge for signing at the call of the motion docket. Counsel's failure to present the Form and Order in time to prevent unnecessary transport may result in Rule 11 or contempt sanctions against defense counsel.
N. Discovery: Duties of Prosecutor, Defense, and Law Enforcement Officers
Duty of Commonwealth's Attorney
Open File Discovery
i). The Commonwealth shall file with the Court a copy of the discoverable portion of the contents of the Prosecutor's file for the use and inspection of the defendant at arraignment. In the event the Commonwealth withholds any material contents in its file under a claim of same being non-discoverable, the Commonwealth shall state so in writing at the time of the prosecutor's file contents are filed with the Court. Upon written motion by the defense, the Court will consider whether the prosecutor shall release the requested information.
ii). The Commonwealth shall include in its discovery all information in its possession or control, including the information contained in RCr 7.24 and RCr 7.26.
iii). The Commonwealth remains under a continual order to file any supplemental material. All supplemental material must be filed by the final pretrial conference. All supplemental material and information that could have reasonably been ascertained prior to the final pretrial conference that is filed after the final pretrial conference, will not be permitted to come into evidence except upon leave of the Court for good cause shown.
Duty of Defense
iv). If an agreement to dispose of the case cannot be reached with the Commonwealth prior to the defendant's next court appearance, defense counsel shall submit such written motions as the attorney shall expect to offer in the case at the next motion hour. No additional motions may be offered after that motion hour except by leave of the court upon a showing of excusable neglect, or if it concerns a matter of which the attorney was not aware or which did not come to the attorney's attention prior to the time of the plea negotiation conference or in the interest of justice.
v). If the Defendant desires a duplicate of any mechanical recording relating to the indictment testimony taken before the Grand Jury, defense counsel shall make an oral request for same to the Commonwealth's attorney and supply the Commonwealth with a sufficient number of blank diskettes for duplication. If the Commonwealth has not responded within two (2) weeks, defense counsel may move the Court for same.
Additional Discovery
vi). The defendant, by and through counsel, may request by written motion additional discovery or seek the Court's assistance in obtaining other relief to which he/she may be entitled. Any motions for additional discovery must be very specific and not general in nature. The Court will summarily overrule broad motions for discovery.
vii). If the Defendant desires to inspect evidence that has been listed in Commonwealth's discovery as being in safekeeping with a law enforcement agency, then defense counsel, shall give reasonable notice to the agency where the evidence is located of his/her intent to inspect. Defense counsel shall inspect, photocopy or otherwise copy said evidence in the presence of a law enforcement agency official or its designate during reasonable business hours as may be agreed upon.
Duty of Law Enforcement Officers
viii). All law enforcement officers possessing evidence not otherwise provided to the Commonwealth's attorney office, due to impracticality or security reasons, shall make a list of said evidence and the location of safekeeping. This list shall be provided to the Commonwealth's Attorney and shall be made a part of the Commonwealth's discovery filings with the Court. All law enforcement officers that receive additional or supplemental evidence after presentation to the Grand Jury shall immediately provide same to the Commonwealth's Attorney and shall so note the delivery thereof in their files and the Commonwealth's Attorney shall immediately file same with the Court.
Such evidence shall be available to defense counsel for inspection, photography or copy, at the location where the evidence is housed, during reasonable business hours and with reasonable notice to the officer or agency. The notice, availability and inspection of such evidence shall be accomplished without further orders of the Court.
O. Jury Instructions. The Commonwealth's Attorney and Defense counsel shall tender proposed jury instructions to the Judge's office three (3) business days in advance of trial on a CD or diskette in Microsoft Word format. If the proof at trial would warrant the giving of any different or additional instructions, the parties will be given the opportunity to tender additional or different instruction(s) at the close of the case and before submission to the jury.
P. Probation: Allocation of Installment Payments. Unless otherwise ordered by the Judge, the Clerk shall allocate installment payments made by defendants who are on probation in the following order:
i). Payment of Court costs;
ii). Restitution ordered by the Court;
iii). Attorney fee to Department of Public Advocacy;
iv). Probation supervision fee.
Q. Class D Felony Pretrial Diversion. The Class D Felony Pretrial Diversion option may be offered to those Defendants who are eligible. Pretrial Diversion is the postponement of imposition of sentence upon any person who qualifies for this program, subject to certain conditions, for a period of time not to exceed five (5) years subject to certain conditions established by the Court. The Protocol for such Pretrial Diversion is attached hereto and made a part hereof as Appendix A.

Credits

HISTORY: Amended effective October 14, 2022. Prior amendments effective March 28, 2018; January 14, 2008.
Anderson, Shelby and Spencer Circuit Court Rule 4, KY R ANDERSON CIR CT Rule 4
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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