Home Table of Contents

Rule IX Procedure in criminal cases

Baldwin's Kentucky Revised Statutes Annotated42nd Judicial Circuit - Calloway and Marshall Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
42nd Judicial Circuit - Calloway and Marshall Circuit Court
KY RCAC Rule IX
Rule IX Procedure in criminal cases
(A) A regular grand jury shall be empaneled pursuant to KRS 29A.210 on or before the first Thursday in January, May and September of each year in each County, and at such other times as the Judge may find that the ends of justice or the needs of the county require. A special grand jury may be empaneled by the Judge pursuant to KRS 29A.220 in the manner and for the reasons provided by that section.
(B) The Grand Jury shall meet on the second Thursday of each month in Marshall County and on the third Thursday of each month in Calloway County. The Grand Jury shall return all new indictments to the Court following their meeting, but no later than the second rule day of each month. On the first rule day of the following month, all defendants in criminal cases (except appeals) who have not been previously arraigned shall be required to appear for arraignment, if arraignment is required by law, and for the setting of such cases for a pretrial conference. Criminal matters shall have priority on the Court's docket for trial dates. These dates may be changed with leave of Court.
(C) At the time of arraignment each case shall be assigned a time for a status conference. Prior to the status hearing, a pretrial conference shall be held in accordance with the Court's pretrial order as a matter of course. At arraignment the Court may enter a standard discovery order. Further discovery may be requested in writing as is necessary.
(D) The attorney for the defendant, and the defendant, unless otherwise relieved, shall be in attendance at the pretrial conference and at the status hearing.
(E) At the status hearing, if not resolved, the case shall either be assigned for trial, continued for good cause shown, or referred to mediation. If the case is assigned for trial, the Court will conduct a final status hearing at least two weeks prior to the trial. After the status hearing, the Court will not accept or consider any plea agreement between the defendant and the Commonwealth, or continue any case, except for good cause.
(F) On or before the final status hearing, the attorneys shall advise the Court whether they are ready for trial, and the probable length of trial. When a conflict exists, and two or more trials are scheduled for the same day, the Court will assign priority to the cases scheduled. Any motion for a continuance must be made and heard prior to the designated report date, except for good cause shown.
(G) 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 office of Public Advocacy as his counsel, subject to existing law and regulations of that agency.
(H) 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 understanding of the proceedings and possible consequences to him in the proceedings, his right to the assistance of counsel, and all other relevant matters. If the Court is convinced that defendant is aware of his rights and has waived them knowingly, voluntarily, and intelligently, the Court shall permit him to proceed without counsel and shall by written order relieve any counsel previously appointed.
(I) The Court's standard reciprocal discovery order shall be complied with by all parties.
(J) No additional evidence shall be placed in the Commonwealth file within thirty (30) days of the trial date. If additional evidence is to be placed with the file, the Court shall continue the trial date, unless the Defendant agrees to a trial on the date scheduled.
(K) It shall be defendant's responsibility to obtain discovery from the Commonwealth. This includes obtaining copies of any reports or information in the Commonwealth's file. The Commonwealth shall, either in its Bill of Particulars or in a discovery compliance certify in writing the discoverable items in its file.
(L) Pre-Sentence Investigation Reports shall be provided to defense counsel no later than two working days prior to sentencing of a defendant in any case. Confidentiality of these reports shall be governed by KRS 534.050.
(M) Mediation. Criminal mediations will be held on the fifth Monday of each quarter, when appropriate. The Commonwealth and Defense counsel shall inform the Court of their intentions to mediate prior to mediation and the outcome of the mediation shall be reported to the Court on the Rule Day following mediation.

Credits

HISTORY: Amended effective May 28, 1998.
Calloway and Marshall Circuit Court Rule IX, KY R CALLOWAY CIR CT Rule IX
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document