RULE 5

ADMINISTRATIVE JUDGE

5.01 Selection

Each division of the Common Pleas Court shall, by majority vote of the judges in their division, select one of their number as Administrative Judge. Such judge shall be selected for an annual term and may be re-elected.

5.02 Alternate Method of Selection

If the judges are unable, for any reason, to select an Administrative Judge as set forth in Rule 5.01, they shall follow the procedure set forth in the Rules of Superintendence for Courts of Common Pleas to select an Administrative Judge.

5.03 Presiding Officer

The Administrative Judge shall be the presiding officer of the division and shall have full responsibility for and control over the administration, docket and calendar for that division. The Administrative Judge shall further have full responsibility for the budget and personnel of the division.

5.04 Case Assignment

Subject to the provisions of Rule 7 of these rules, the Administrative Judge shall supervise the assignment of cases to the judges within the division and shall obtain reports as necessary from each judge concerning the status of assigned cases to assist in discharging the overall responsibility for compliance with the Rules of Superintendence for the Courts of Common Pleas, and for the timely termination of cases in the division.

5.05 Duty Judge

(A) Administrative Judge

The Duty Judge shall perform the functions of Administrative Judge when the Administrative Judge is absent and the matter cannot wait the return of the Administrative Judge.

(B) Trial Judge

The D uty Judge shall perform the ministerial matters of a Trial Judge when the Trial Judge is absent and will not be returning for three court days. "Ministerial matters" shall not include:

1. Default Judgments;
2. Dismissal Entries not agreed to by all parties;
3. Continuances, not previously approved by the Trial Judge;
4. Appointment of counsel;
5. Entries reflecting a ruling of the Trial Judge which has not been approved by all parties (including all ex parte orders).
   
   

(C) Emergency Matters

The Duty Judge shall handle emergency matters for a Trial Judge who is unavailable.

(D) Unassigned Cases

The Duty Judge shall handle matters involving cases which have not been assigned.



(E) Non-sworn Jurors

The Duty Judge shall handle matters dealing with non-sworn jurors.

(F) Arraignments

The Duty Judge shall handle arraignments when the Magistrate or a designee is not available.

A Schedule of the rotation of Duty Judge shall be filed with the Clerk of Court each calendar year.
This rule shall be effective the 1st day of March, 2007, and the same is ordered spread upon the journal of Court.

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