A proposed rule under consideration by the Ohio Supreme Court would designate specifically when cases should be assigned to trial court judges. Published for public comment today, the proposed rule would eliminate ambiguity.

Current Sup.R. 36 states that a case is assigned by lot “upon the filing in or transfer to the court or a division of a court.” Courts have interpreted the language to mean different times in the progression of a case: pre-indictment; after indictment, but before arraignment; or after arraignment. The proposed rule identifies a specific event to guide courts in the assignment of civil, criminal, juvenile, and traffic cases in common pleas, county, or municipal courts.

The changes – along with other proposed rule amendments to the Rules of Superintendence – were recommended by a subcommittee of the Supreme Court’s Advisory Committee on Case Management.

Some of those other changes include outlining three requirements courts must meet for the random assignment of cases and inserting requirements for the assignment of capital and commercial docket cases that are not covered in the current rule.

Public comment should be submitted in writing or via email by Oct. 12 to:

Tasha Ruth, Case Management Section Manager
Ohio Supreme Court
65 S. Front St., Sixth Floor
Columbus, OH 43215
or
Tasha.Ruth@sc.ohio.gov

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