Public Notices to Attorneys
This sub-section of the Common Pleas Court’s News and Announcements web page is devoted to the distribution of information of specific interest to attorneys practicing before the Court. These announcements might deal with local rule changes, new forms, changes in the filing fee schedule, procedural updates, or other matters that may affect practice in the Common Pleas Court. Counsel are expected to be aware of and adjust to any changes even if this page is not promptly updated. The timing of any update on this page does not modify the effective date of any new local rule or other procedural matter.
PUBLIC NOTICE-The Ohio Twelfth District Court of Appeals, one of twelve courts of appeal in Ohio, will hear oral arguments on two appeals in Batavia on Tuesday, March 21, 2017. The arguments will take place at 10:30 a.m. in Judge Jerry R. McBride’s courtroom (204) on the 2nd floor of the Clermont County Common Pleas Courthouse. The arguments are open to the public and will be attended by a class from Milford High School.
The three judge panel hearing the arguments will consist of Judge Robert P. Ringland, Judge Robert A. Hendrickson and Judge Michael E. Powell. The attorneys arguing the appeals will be available to answer questions from the students after the arguments are finished.
The first case that will be argued is State v. Barry Fridley, Clermont CA2016-06-041. Barry Fridley pled no contest to Aggravated Vehicular Homicide and Aggravated Vehicular Assault in 2015. In December 2015 he was sentenced to a total of 7 years in prison. He did not appeal immediately, but was granted leave to file a delayed appeal in May 2016. He has raised 3 assignments of error concerning the denial of a motion to suppress evidence, the imposition of consecutive sentences and ineffective assistance of trial counsel.
The second case that will be argued is State v. Kaili Fitzgerald, Clermont CA2016-06-041. Kaili Fitzgerald and her husband Michael were both charged with Child Endangerment due to their infant son’s failure to thrive. Because the court determined that the child suffered serious physical harm, the offense was a 3rd Degree felony. Kaili was convicted and sentenced to 5 years of community control. She filed an appeal claiming that her conviction was against the manifest weight of the evidence because the evidence did not show that the child suffered serious physical harm.
The Twelfth District Court of Appeals, currently located in the City Building in Middletown, Ohio, reviews cases from Brown, Butler, Clermont, Clinton, Fayette, Madison, Preble and Warren Counties. The judges of the court currently include Judge Robert P. Ringland, Judge Robert A. Hendrickson, Judge Michael E. Powell, Judge Robin N. Piper and Judge Stephen W. Powell.
For further information contact:
Clermont County Common Pleas Court
TO ALL COUNSEL SEEKING CRIMINAL CASE APPOINTMENTS: Please take notice that the Common Pleas Court has adopted a new form for counsel seeking to receive appointments to represent indigent criminal defendants. All counsel must submit the new form pursuant to the regulations of the Ohio Public Defender Commission in OAC chapter 120-1. Counsel are urged to review the regulations in that chapter. Completed forms should be returned promptly to Court Administrator Gary Scalf. Please click for the Appointed Counsel Application Form in PDF format.
TO ALL COUNSEL INVOLVED IN FORECLOSURE CASES, Please take notice that the Court has adopted major amendments to Local Rule 11 involving judicial sales. A copy of the rule can be found here. All new foreclosure cases filed will require the submission of a Property Description Approval Form (available here) which must be reviewed by the Auditor’s Office Tax Map Department before filing the complaint with the Clerk. The fee for a Writ of Possession is now $200. The amended version of Local Rule 11 will be effective November 24, 2014. Please adjust your procedures to conform to the new version of the Local Rule and advise your clients accordingly. A complete version of the Local Rules as amended is available here.
Please take notice that the Clermont County Common Pleas Court will be closed on Monday, May 29, 2017 in observance of Memorial Day. The Court will reopen on Tuesday, May 30, 2017 at 8:00 AM.
Please take notice: Judge McBride has posted the procedure he uses in revivor proceedings on this web site under his judicial preferences. A copy of this procedure is available HERE. Any counsel planning to file a revivor should review and follow this procedure. Judge McBride has also posted updated versions of his civil and criminal pre-trial orders, and his list of witnesses, exhibits, and depositions.
Please take notice that the Court has updated its reported civil jury verdicts for reference by counsel and parties. The report covers trials through October of 2014. The jury verdicts report is available HERE.
Please take notice that failure to submit Appointed Counsel fee applications on criminal cases within 90 days of disposition of the case will result in a 35% reduction in the fee, based on Ohio Public Defender’s Office rules.
Please take notice that the Clerk of Courts has updated the Civil Case Classification form. Please use this version for all future filings. A copy of the updated 2014 form is available here.
Effective May 1, 2014, the fee for filing an appeal to the 12th District Court of Appels has been raised to $225.00 for all cases, criminal and civil. Please plan accordingly if you are filing a Notice of Appeal in the near future.
Please take notice that the Court now has information about Certificates of Qualification for Employment (CQEs) listed in the Frequently Asked Questions section of this web site. The CQE petition process was created in a recent amendment to ORC 2953.25. The link to the FAQs is here.
Additional judge’s opinions are being posted on the Court’s web site as they become available for the benefit of the practicing bar. All posted court opinions may be accessed here.
September 19, 2011 Attorneys should take note that the Court is operating under the newly revised fee schedule for appointed counsel in criminal cases. The current rates as approved by the Board of County Commissioners is $60 per hour for in-court work and $50 per hour for out-of-court work. The full text of the Commissioners’ resolution can be found here.
August 23, 2011 The forms for submitting lists of witnesses, exhibits, and depositions at pre-trials before Judge McBride are now available in Word format for the convenience of attorneys and parties. The forms are available in both Word and PDF format on the Judicial Preferences and Court Forms pages of this web site.
July 25, 2011 The Clermont County Common Pleas Court has posted judicial preferences for practices and procedures on this web site. An attorney or party may go to the Court & Judges menu drop down and select the Judge’s Preference menu item to get a PDF with that judge’s individual preferences for practice in his court. These listings of judicial preferences for practices and procedures for counsel and parties are offered for the convenience and guidance of those appearing before the individual judges in the Clermont County Common Pleas Court, General Division. Each judge reserves the right and has the discretion to modify these preferences to suit the circumstances of individual cases as the law and the facts require.