Any party or attorney may make and serve on the opposing party and file with the administrator a notice to remove. The notice shall be served and filed within ten days after the party receives notice of which judge or judicial officer is to preside at the trial or hearing, but not later than the commencement of the trial or hearing.
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Juvenile protection or dependency cases. Cases involving minors who are abused or neglected by their parents or guardians are also heard in juvenile court. In a juvenile dependency or protection case, the judge will ultimately decide whether a minor should be removed from a problematic home environment.
Extended Jurisdiction Juvenile ( EJJ ) legislation was enacted by the Minnesota Legislature in 1994 to address serious juvenile offenders. EJJ is an option designed to enhance public safety, while affording the youth an opportunity to avoid transfer into the adult corrections system.
Punishment for Juvenile Simple Assault jail time (to be served in a juvenile facility or, in rare cases, an adult institution) community service. probation. restitution (repayment) to the victim for medical bills, lost wages, or other expenses)
Children 14 years old or older who commit felony-level delinquent acts and are subject to adult certification and who, in the prosecutor's or court's opinion, would be more aptly treated by the juvenile court are designated EJJs.
When Is It Too Late To Remove A Judge? Once you receive notice of which judge has been assigned to your case, you have ten days to file a notice to remove that judge and serve the notice on the opposing party. This timeline can be found in Minnesota Rule of Civil Procedure 63.03. After the removal is filed, a new judge will be appointed ...
Rule 63.03 states: “After a party has once disqualified a presiding judge or judicial officer as a matter of right that party may disqualify the substitute judge or judicial officer, but only by making an affirmative showing of prejudice.
It should also be noted that Rule 63.03 prohibits a party from filing a notice to remove against a judge who has already presided over a proceeding in the case. The Rule states: “No such notice [a notice to remove] may be filed by a party or party’s attorney against a judge or judicial officer who has presided at a motion or any other proceeding ...
A party or the county attorney may file with the court and serve upon all other parties a notice to remove a particular judge or referee under the procedures and standards set forth in Rule 63 of the Minnesota Rules of Civil Procedure. When a permanent placement matter or termination of parental rights matter is filed in connection with a child is the subject of a pending child in need of protection or services matter, the permanency or termination matter shall be considered a continuation of the protection matter for purposes of this rule. For that reason, if the judge or referee assigned to hear the protection matter is assigned to hear the permanency or termination matter, the parties and the county attorney cannot disqualify the assigned judge or referee as a matter of right.
A referee may, as authorized by the chief judge of the judicial district, hear any juvenile protection matter under the jurisdiction of the juvenile court.
When no review is requested, or when the right to review is waived, the findings and recommended order of the referee become the order of the court when confirmed by the judge as written or when modified by the judge sua sponte. The judge shall confirm or modify the order within 15 days of the transmittal of the findings and proposed order.
The parties and the county attorney shall file and serve any responsive motion and memorandum within three days from the date of service of the motion for review.
Any party or county attorney desiring to submit a transcript of the hearing held before the referee shall make arrangements with the court reporter at the earliest possible time. The court reporter shall advise the parties and the court of the day by which the transcript will be filed.
A party or the county attorney may object to having a matter heard by a referee. The right to object shall be deemed waived unless the objection is in writing, filed with the court, and served upon all other parties and the county attorney within three days after being informed that the matter is to be heard by a referee. Upon the filing of an objection, a judge shall hear any motion and shall preside at all further motions and proceedings involving the matter.
If by reason of death, sickness, or other disability a judge before whom an action has been tried is unable to perform judicial duties after a verdict is returned or findings of fact and conclusions of law are filed, any other judge regularly sitting in or assigned to the court in which the action was tried may perform those duties; but if such other judge is satisfied that the duties cannot be performed because that judge did not preside at the trial or for any other reason, that judge may exercise discretion to grant a new trial.
After a party has once disqualified a presiding judge or judicial officer as a matter of right, that party may disqualify the substitute judge or judicial officer , but only by making an affirmative showing that the judge or judicial officer is disqualified under the Code of Judicial Conduct.
63.02 Interest or Bias. No judge shall sit in any case if disqualified under the Code of Judicial Conduct. If there is no other judge of the district who is qualified, or if there is only one judge of the district, such judge shall forthwith notify the Chief Justice of the Minnesota Supreme Court of that judge's disqualification.
Upon receiving notice as provided in Rules 63.02 and 63.03, the chief justice shall assign a judge of another district, accepting such assignment, to preside at the trial or hearing, and the trial or hearing shall be postponed until the judge so assigned can be present.
A judge or judicial officer who has presided at a motion or other proceeding or who is assigned by the Chief Justice of the Minnesota Supreme Court may not be removed except upon an affirmative showing that the judge or judicial officer is disqualified under the Code of Judicial Conduct.
No such notice may be filed by a party or party's attorney against a judge or judicial officer who has presided at a motion or any other proceeding of which the party had notice, or who is assigned by the Chief Justice of the Minnesota Supreme Court.
The amendments to this rule were part of a group of amendments that were submitted by the Ohio Courts Digital Signatures Task Force to establish minimum standards for the use of information systems, electronic signatures, and electronic filing. The substantive amendment to this rule was the addition of the first sentence of the rule and of divisions (B) and (C). The title of the rule was changed from “Filing by Facsimile Transmission.” Comparable amendments were made to Civil Rule 5, Civil Rule 73 (for probate courts), Criminal Rule 12, and Appellate Rule 13.
Scheduling the hearing. The date for the adjudicatory hearing shall be set when the complaint is filed or as soon thereafter as is practicable. If the child is the subject of a complaint alleging a violation of a section of the Revised Code that may be violated by an adult and that does not request a serious youthful offender sentence, and if the child is in detention or shelter care, the hearing shall be held not later than fifteen days after the filing of the complaint. Upon a showing of good cause, the adjudicatory hearing may be continued and detention or shelter care extended.
Rule 15(B) was amended to add new division (5), which deals with orders to be placed on a summons to parents or other responsible adults when a child or adult is summoned to court pursuant to a complaint of chronic or habitual truancy. The new section tracks the language of Revised Code section 2151.28 (E)(2), as amended by Sub. Sen. Bill 181 (effective September 4, 2000), and makes clear that the parent or responsible adult must bring the child to truancy hearings or be subject to court sanction, including a finding of contempt. Adding this language to the summons alerts responsible adults to the need to ensure not only his or her own appearance, but that of the child as well. Prior divisions (B)(5) through (B)(9) were renumbered (B)(6) through (B)(10) to reflect this interpolation.
Termination. Any temporary custody order issued shall terminate one year after the earlier of the date on which the complaint in the case was filed or the child was first placed into shelter care. A temporary custody order shall extend beyond a year and until the court issues another dispositional order, where any public or private agency with temporary custody, not later than thirty days prior to the earlier of the date for the termination of the custody order or the date set at the dispositional hearing for the hearing to be held pursuant to division (A) of section 2151.415 of the Revised Code, files a motion requesting that any of the following orders of disposition be issued:
Rule 7(A) was amen ded to add two rationales for placing a child in detention or shelter care : one, that the child is endangering the person or property of others [(A)(1)(b)] and two, that a statutory provision authorizes confinement [(A)(5)]. Rule 7(A)(1)(b) conforms to Sub. Sen. Bill 179 (January 1, 2002 effective date), Revised Code section 2151.31(A)(6)(b) and (d). Rule 7(A)(5) ensures that statutory provisions, i.e., Revised Code sections 2152.04 and 2151.31 (C)(2), that contemplate placing a child in detention are recognized as valid rationales by the Juvenile Rules.
The amendment to Juv.R. 40(C) eliminates any perceived authority for a magistrate to preside over a jury trial in juvenile court. The amendment resulted from the Commission’s review and revision of the procedures under which magistrates conduct civil jury trials under Civ.R. 53 which largely parallels Juv.R. 40. That review concluded that jury trials in juvenile court are extremely rare and occur only in cases of “serious youthful offenders” and of adult defendants charged with child endangering and/or contributing to the delinquency of minors. Since the rule as previously written excluded magistrates from conducting jury trials for “serious youthful offenders”, and since all trials of adult offenders are governed by the Ohio Rules of Criminal Procedure, which expressly exclude magistrates from hearing jury trials under Crim.R. 19(C)(1)(h), the Commission decided to simply eliminate the provision for jury trials under Juv.R. 40.
To the extent required by Article I, Section 10a of the Ohio Constitution or by the Revised Code, the trial court shall ensure that the alleged victim of a crime, upon request, be given notice of all public proceedings involving the alleged criminal offense against the victim and the opportunity to be present at all such proceedings. In this regard, the trial court may direct the prosecuting attorney to provide such notice to the alleged victim.
Delinquency matters include any felony, gross misdemeanor, misdemeanor, and petty misdemeanor offenses allegedly committed by a person less than eighteen (18) years old.
A juvenile traffic offender is any child alleged to have committed a traffic offense, except those children under the jurisdiction of adult court as provided in Minn. Stat. § 260B.225. A traffic offense is any violation of a state or local traffic law, ordinance, or regulation, or a federal, state or local water traffic law.
If the charge is proven in court, the court may make a finding of delinquency and the child may be adjudicated as "delinquent."
Generally, juvenile cases are confidential. However, the Petition's "statement of probable cause" and the hearing in felony cases are part of the public record if the juvenile was at least sixteen (16) at the time the alleged offense was committed.
If the child has been charged with a felony level offense, the child must be fingerprinted prior to his or her first court appearance. Each new felony case requires fingerprinting, even if the child has been fingerprinted on prior cases.
At the time of the first court appearance, the parent/guardian may apply for the services of a court-appointed attorney if the level of offense qualifies. Court-appointed attorneys are not available for petty misdemeanor charges. For misdemeanor, gross misdemeanor, and felony matters, the parents of the child may complete an application for a court-appointed attorney. The judge will review the application prior to the court appearance to determine eligibility. If the parents do not qualify for a court-appointed attorney, they may hire a private attorney at their own expense. Go to Find a Lawyer.
Be respectful of the attorney and professional in your communications; emphasize that the disagreement and decision are not personal.
Particularly if you're switching attorneys in the middle of a dispute, court case, or other ongoing legal matter, you want your new attorney to have access to these important documents.
You can ask your lawyer to send the files directly to you or your new attorney, in which case the safest way to make the request is in writing, via letter or email. Alternatively, you can pick up a copy of your file in person (but contact the office first, so that it has time to locate and review the contents of your file and make a copy for you).
Upon request, an attorney is required to promptly hand over the contents of your case files. Under the American Bar Association's Model Rule 1.16 (d) (which has been adopted by most U.S. states), an attorney must, to comply with ethical and professional standards, " [surrender] papers and property to which the client is entitled and [refund] any advance payment of fee or expense that has not been earned or incurred" as soon as the representation is terminated.
You may feel that your old lawyer doesn't deserve any more money. But you need to weigh these costs against the harm that could be done to your legal interests if your old lawyer acts in bad faith and holds documents hostage. It might be better to pay your bill in order to facilitate a clean break of the relationship.
In addition, realize that the attorney does not have a legal right to hold files hostage because you owe him or her money. (Any bill collection issues will need to be separately addressed between the two of you.) If the attorney fails to turn over your documents in a timely manner, you can file a complaint with the local bar association or state disciplinary committee.
A party or the county attorney may file with the court and serve upon all other parties a notice to remove a particular judge or referee under the procedures and standards set forth in Rule 63 of the Minnesota Rules of Civil Procedure. When a permanent placement matter or termination of parental rights matter is filed in connection with a child is the subject of a pending child in need of protection or services matter, the permanency or termination matter shall be considered a continuation of the protection matter for purposes of this rule. For that reason, if the judge or referee assigned to hear the protection matter is assigned to hear the permanency or termination matter, the parties and the county attorney cannot disqualify the assigned judge or referee as a matter of right.
A referee may, as authorized by the chief judge of the judicial district, hear any juvenile protection matter under the jurisdiction of the juvenile court.
When no review is requested, or when the right to review is waived, the findings and recommended order of the referee become the order of the court when confirmed by the judge as written or when modified by the judge sua sponte. The judge shall confirm or modify the order within 15 days of the transmittal of the findings and proposed order.
The parties and the county attorney shall file and serve any responsive motion and memorandum within three days from the date of service of the motion for review.
Any party or county attorney desiring to submit a transcript of the hearing held before the referee shall make arrangements with the court reporter at the earliest possible time. The court reporter shall advise the parties and the court of the day by which the transcript will be filed.
A party or the county attorney may object to having a matter heard by a referee. The right to object shall be deemed waived unless the objection is in writing, filed with the court, and served upon all other parties and the county attorney within three days after being informed that the matter is to be heard by a referee. Upon the filing of an objection, a judge shall hear any motion and shall preside at all further motions and proceedings involving the matter.