201. Generally. The District Court shall be in regular session in the four counties of jurisdiction (hereafter “Divisions”) as follows:

206.1. Drug Court for Ballard and Carlisle County residents shall be held on each 1st and 3rd Friday, beginning at 8:30 a.m. in the Carlisle District Courtroom.

206.2. Drug Court for Fulton and Hickman County residents shall be held on each 2nd and 4th Friday, beginning at 8:30 a.m. in the Hickman District Courtroom.

206.3. Administrative meetings, including group therapy, meetings with case managers, drug testing, home visits and other conferences not involving the Drug Court Judge are to be determined by Drug Court Staff, with a view to minimize participants' financial hardships.

207. Court Dates Subject to Change/Circumstances. The Court dates in each of the Divisions of the First Judicial District Court noted above may be changed or cancelled for extraordinary circumstances including, but not limited to, the KCOJ/AOC state holiday schedule, or a health, public safety, weather or other emergency. In the event of a cancelation, all proceedings then scheduled will be automatically rescheduled to the next regular court session in that Division, or to a date approved by the Court and the parties.

208. Special Rules for Scheduling Preliminary Hearings. The District Court will make every effort to afford a preliminary hearing to any defendant entitled to one in a felony case, unless waived on the record by the defendant. If a preliminary hearing cannot be scheduled within the time set forth in Kentucky Rule of Criminal Procedure (RCr) 3.10(2) (10 days of the defendant's initial court appearance, if the defendant is in custody, 20 days of the initial court appearance, if the defendant is not in custody):

1. The defendant may be asked to waive the Rule period, and if a waiver of time is entered on the record, the preliminary hearing will be scheduled at the earliest date after the Rule period (typically the next date of the District Court's criminal docket in that Division of the First District);

2. If the defendant refuses to waive time under RCr 3.10(2), the Court will schedule that party's preliminary hearing on the next available date on the Court's trial schedule within the Rule period;

3. If the defendant refuses to waive time under RCr 3.10(2), and no date is available to the parties and counsel, or on the Court's calendar, within a reasonable time thereafter, the Court reserves the right to require the hearing on the Court's next available criminal docket pursuant to “extraordinary circumstances” caused by the merger of judicial districts if the Court finds that this limited delay may be indispensable to the interests of justice;

4. Nothing in Rule 207 shall be construed to limit or dispose of the right of the Commonwealth to require a preliminary hearing pursuant to RCr 3.10(3);

5. In the absence of an emergency, a superseding order for public safety, or a specific waiver by a defendant, the defendant shall attend his/her preliminary hearing in person, and the Court will issue, when necessary, an order for the transport of the defendant for his/her preliminary hearing if housed in a detention facility;

6. The Court will allow, for good cause, a law enforcement witness who lacks direct personal knowledge but testifies based on a review of the arresting officer's reporting, so long as the witness is able to sufficiently authenticate the original reports from which the testimony is based; and the defendant may object to the hearing and seek a continuance, if a pre-grand jury hearing date is available on the Court schedule (Rule 2) when the officer with personal knowledge is available; or alternatively, the defendant may seek to impeach the secondary witness account by cross-examination.

1 Trials shall be scheduled for most cases on Thursdays or Fridays: In the Fulton or Hickman Divisions, on a first or third Thursday or Friday, when feasible; in the Ballard or Carlisle Divisions, on a second or fourth Thursday or Friday, when feasible. Additional days for trials may be available in the “fifth” week of some months. Every effort will be made to avoid a conflict with the First Circuit Court motion hour schedule and the demands those dockets present for the Clerks of the First Circuit.

2 Bench trials expected to conclude in less than four hours may be scheduled on days other than Thursdays or Fridays if so requested by the parties and/or counsel (typically Monday afternoons in Fulton/Hickman; or Wednesday afternoons in Ballard/Carlisle) at the Court's discretion.

3 Hearings in small claims proceedings, domestic violence proceedings, eviction proceedings and adult disability or involuntary commitment proceedings shall be held, unless circumstances demand a special accommodation, on the dates such proceedings appear on the Court's regular dockets, as published in Rule 201 through 205, above.

4 Actions in which an expedited hearing is mandated by statute (e.g., juvenile detention, DNA temporary removal, involuntary commitment) will be scheduled at the earliest date available on the Court's schedule, with notice to the County Attorney, the Department of Public Advocacy and the Department of Juvenile Justice, or such other parties as may be prudent.