Login | November 24, 2017

RULES OF PRACTICE AND PROCEDURE

of the
COURT OF COMMON PLEAS
GENERAL DIVISION

of
SUMMIT COUNTY, OHIO


26. CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT

Misc. No. 325 Order

Whereas the Summit County Court of Common Pleas is charged with certain duties regarding the disposition of petitions for Certificates of Qualification for Employment under R.C. 2953.25, the following requirements shall be in effect upon the filing of this order, to wit:

24.02 Jury Source List

(1) All petitions for Certificates for Qualification for employment (“CQE”) must be filed first time with the Ohio Department of Rehabilitation and Correction (“ODRC”). Once ODRC has determined the content of a petition to be complete, it will then electronically forward notice of its review of the completeness of the petition to the Summit County Clerk of Courts. ODRC will also provide the petitioner with a paper copy of the ODRC-reviewed petition, bearing notice thereon that the petition has been reviewed and found to be complete. Upon receipt of this notice from the ODRC, the petitioner must then file the petition with the Clerk of Courts.

(2) Upon receipt of a petition for CQE that has been reviewed and been found sufficient for filing by ODRC, a filing fee in the amount of $250.00 shall be charged and collected by the Clerk of Courts. The clerk shall file an ODRC-reviewed petition as a civil case filing, and assign a civil case number and judge. A petition shall be considered filed upon payment of the filing fee. The clerk shall only accept for filing ODRC-reviewed petitions from persons who provide satisfactory proof of the clerk that their legal residence is in Summit County, Ohio. Proof of residence shall be deemed established by valid Ohio Drivers License, State Identification card, or a current utility bill.

(3) Upon a filing of a petition, the clerk shall provide a time-stamped copy to the Summit County prosecutor.

(4) Each filed petition is hereby referred to a magistrate pursuant to Civil Rule 53(D)(1) for initial consideration. The magistrate shall conduct any necessary investigation and proceedings and issue a magistrate’s decision, pursuant to Civil Rule 53(D)(3), on whether the petition for CQE shall be approved or denied.

(5) The judge to whom the petition is assigned shall adopt or reject the magistrate’s decision within the time limit provided by statute for the determination of the petition. All notice and objection periods regarding a magistrate’s decision, as set forth in the Civil Rules, shall apply.

(6) Upon determining that a petition for CQE should be approved pursuant to R.C. 2953.25(C)(3), the assigned judge shall file a judgment entry stating that such petition is being granted and stating the grounds for that determination. The clerk shall serve a time-stamped copy of the judgment entry upon ODRC. A CQE shall be prepared on a form prescribed by the state. The state, as the issuing authority, will serve the petitioner with the CQE and provide notice to the court that the certificate was issued.

(7) In the event a petition for CQE is denied, the assigned judge shall file a judgment entry of denial containing the grounds for that determination. Such judgment entry shall contain notice that the judgment entry is a final appealable order, and record of the decision shall be entered pursuant to Civil Rile 58(B). An order of denial shall be served by the clerk both upon the petitioner and ODRC.

 

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