NOTICE OF PROPOSED LOCAL RULES AMENDMENTS

The Judges of the Franklin County Common Pleas Court, General Division,

propose to adopt the amendments to Local Rules summarized below. The draft language is available on the Court’s website.

Pursuant to Ohio Civ. R. 83(B) and Sup. R. 5(A), comments by the bar and any other interested citizens may be submitted before these amended Rules are adopted.

Comments should be submitted by email no later than November 8, 2024 to:

Judge Carl A. Aveni, Chair, Local Rules Committee, Carl_Aveni@fccourts.org

  1. AMENDMENT OF RULE 77 – INDIGENT DEFENDANTS

The amendments to this rule are mostly related to the fee increase for appointed counsel which was adopted by the Franklin County Board of Commissioners. The revisions bring the rule into alignment with the newly adopted schedule.

  1. AMENDMENT OF RULE 101 – BROADCASTING, TELEVISING AND RECORDING

The main revision was to address law enforcement body-worn cameras in the courthouse. The changes were so extensive, a tracked changes version is not available.

RULES OF PRACTICE OF THE FRANKLIN COUNTY COURT OF COMMON PLEAS GENERAL DIVISION

RULE 77 – INDIGENT DEFENDANTS

77.01 Counsel for Indigent Defendants.

  1. Unless otherwise represented, all defendants requesting legal representation will be screened for eligibility by the public defender and represented at arraignment for purposes of bond. Defendants may also be referred for eligibility screening at any other point in their case, including possible appeal.
  2. The duty judge or magistrate shall make appointment of either the public defender, or of private counsel from the Master Appointment List [Local Rule 78] maintained by the Franklin County Court of Common Pleas – General Division. Appointments of private counsel, at the option of the duty judge or magistrate, shall be made on a random basis, from lawyers on the Master Appointment List unless the case is one that requires the attorney to have specialized experience.

77.02 Indigency Status; Appointment of Investigators and Experts.

  1. Before private counsel or the public defender is appointed, each alleged indigent defendant must complete under oath an affidavit of indigency setting forth the facts in support.
  2. Assigned counsel will be appointed for defendants who become indigent during the course of their case on the active docket. Payment to assigned counsel under these circumstances will be limited to those approved fees and litigation costs incurred during the period of indigency. A copy of the “Entry of Appointment” signed by the assigned judge and filed, must be attached to the fee application submitted to the Court’s Finance Department.
  3. It is permissible for the assigned judge to appoint the same attorney to an on-going case on which the attorney has received compensation as privately retained counsel, but only if that attorney can demonstrate that the defendant’s financial status has changed, and that the defendant is in fact indigent. Prior to appointment, the attorney must disclose to the assigned judge all compensation for fees and expenses received from the defendant. The attorney retained will not be reimbursed for any fees or expenses incurred prior to the date the defendant is documented as indigent. The attorney is required to submit a “Prior Services and Compensation Affidavit” to the assigned judge and must attach this affidavit to the fee application submitted to the Court’s Finance Department.
  4. Privately retained counsel may seek indigency status as to litigation expenses for a defendant on the active docket if it can be factually demonstrated that the defendant has become indigent and cannot reasonably afford necessary investigation or other out-of-pocket expenses to fairly defend their case. An affidavit of indigency must be submitted to and approved by the assigned judge before any such litigation expenses are incurred.
  5. Investigators and Experts
  6. Whenever private counsel seeks to retain an investigator using public funds (either for defendants with privately retained counsel who have become indigent, or for cases in which indigent status justified appointment of private counsel by the court from the outset of the case), a proposed budget and good faith estimate of investigation work reasonably deemed necessary must be prepared, and discussed in camera with the assigned judge. No investigative work or expert fees may be incurred without prior approval by the court; retroactive reimbursement will not be permitted. Counsel shall also comply with Crim.R. 42 in seeking to retain experts in capital or post-conviction cases covered by that Rule.
  7. Only attorneys of record may submit proposed Entries for approval to retain investigators or experts and setting a tentative budget for such fees; private investigators and experts may not submit such Entries utilizing the name and bar number of an attorney.
  8. Counsel are is responsible for monitoring work, and the accuracy of billings submitted by or for investigators and experts. Counsel must review fee statements before they are submitted to the court for payment and certify in writing (using the Form attached as #1AA) that to the best of their knowledge all work shown on the billing was actually done, necessary to the case, and reasonable in amount of time claimed.
  9. To facilitate resolving any inquiries that may arise over the reasonableness and necessity for work billed by investigators and experts, such persons must keep written, contemporaneous time records, in increments of no less than ¼ hour, with a reasonably detailed description of work done, persons interviewed, and the like. Block billing or summary statements (i.e., “worked on file 2.5 hours”) will not be compensated by the court. In addition to contemporaneous time records, investigators and experts are strongly urged to prepare file memoranda summarizing work done, and the dates it was performed, to further substantiate fee submissions if questions arise.
  10. Ordinarily, since billings are not submitted until a matter is concluded, memoranda or contemporaneous time records will not disclose work product, or otherwise interfere with proper representation of a defendant. If necessary for interim billing while a case remains open, counsel shall submit redacted records, or tender an order to the assigned judge in camera that the billing materials be kept under seal at the court until completion of the case.

77.03 Appropriate Work by Investigators.

  1. “Counsel Only” discovery material received from a prosecutor may not be shared with anyone, except as permitted in Crim.R. 16(C) or with explicit prior approval by the assigned judge or counsel for the state. Defense counsel shall assure that agents or employees receiving such material understand legal restrictions on use.
  2. Public funds may not be used to compensate investigators or experts for work ordinarily expected to be performed by the office staff of a private attorney. For instance, downloading discovery from a prosecutor’s portal, or legal research on a motion are not proper “investigator” work and may not be billed by the investigator.

77.04 Indigency Unaffected by Status of Family Members.

No applicant defendant shall be denied assigned counsel based on the financial status of a member of the indigent defendant’s household when that household member has no legal duty to support the indigent defendant or when that household member refuses to pay for the indigent defendant’s legal representation.

77.05 Appointments at or after Arraignment.

At arraignment, all defendants requesting counsel will be screened for eligibility, or referred to the public defender for screening. The arraignment clerk shall note on the master arraignment list those defendants who need counsel appointed. The duty judge or magistrate will generally appoint the public defender or private counsel for indigent defendants at a ratio of three (3) public defender appointments to one (1) private counsel attorney appointment from the Master Appointment List. However, the duty judge or magistrate has discretion to assign either the public defender or private counsel if they determine that the circumstances of a case warrant an alternative appointment. The duty judge or magistrate shall not appoint an attorney to whom he/she, or the judge to whom the magistrate is assigned, is related (applies to family members as defined in Judicial Canon 7a).

77.06 Notice of Appointment.

The Clerk of Courts shall notify the public defender or private counsel of an appointment.

77.07 Required Filings of Appointment.

A copy of the appointment entry shall be filed with the Criminal Division of the Clerk and a copy of this appointment entry must be attached to the fee application submitted to the Court’s Finance Department.

77.08 Payments to Assigned Counsel.

  1. Assigned counsel seeking fees and expenses from the Court shall correctly complete and submit the following documents, within the time frame defined in Section 77.09:
  2. All forms and an “Attorney Time Log” as prescribed in Section I1 of the Ohio Public Defender’s Standards and Guidelines for Appointed Counsel Reimbursement, current edition;
  3. The original “Affidavit of Indigency”; and,
  4. All applicable entries, signed by the assigned judge, as required by Local Rule 77.

77.09 Filing Requests for Reimbursement of Fees and Expenses.

Assigned counsel shall file a request for fee and/or expense reimbursement (“Motion, Entry, and Certification for Appointed Counsel Fees” and all other applicable forms) with the Court’s Finance Department within thirty (30) days of the final disposition of the case.

It is the responsibility of the assigned attorney counsel to submit complete and accurate fee applications with all associated forms and/or entries within thirty (30) days after the case disposition date, even if the Court returns this application to the attorney because the application was completed inaccurately or was missing information. All fee applications submitted more than thirty (30) days after the case disposition date will be reduced by 50%. A request for reinstatement of a portion, or the entire fee amount, must be submitted in writing, with justification, and be approved by the assigned judge, or if they are not available the administrative judge.

The case disposition date is defined as:

  1. The date the defendant is found not guilty;
  2. The date the defendant is sentenced;
  3. The date when a capias is issued because defendant fails to appear;
  4. The date the Court declares a mistrial; or,
  5. The date the Court accepts a request to dismiss charges.

The assigned counsel may not bill for in or out of court hours occurring after case disposition unless the attorney requests approval of the additional hours in writing, to include detailed justification of such work, for prior review by the assigned judge. Under no circumstances can hours be billed for post-conviction proceedings. All work on post-trial hearings must be submitted on a separate fee application form that designates the post-trial hearing(s).

77.10 Signature of the Indigent Defendant.

Appointed counsel shall obtain the signature of the indigent defendant on the “Financial Disclosure/Affidavit of Indigency” form required by the State Public Defender (Form: -OPD-206R) as prescribed in Section I1(E)(1) of the Ohio Public Defender’s Standards and Guidelines for Appointed Counsel Reimbursement, current edition. If the indigent defendant is not available to sign the form, assigned counsel shall obtain the signature of the assigned judge, certifying the indigency of the defendant.

If appointed counsel is providing representation for services after the original case disposition date, the attorney shall submit a new, updated “Financial Disclosure/Affidavit of Indigency” form.

77.11 Representing an Indigent Defendant on Multiple Charges, Counts, and/or Cases; and Representation of Co-Defendants.

  1. An aAssigned counsel attorney is entitled to one fee for a single client with charges or counts arising from a single incident or a series of related incidents if those charges or counts are dealt with simultaneously or are disposed of at the same time.
  2. In cases involving multiple charges where only one fee is payable, the fee maximum shall be based on the highest degree of offense charged.
  3. An aAssigned counsel representing multiple clients charged with conduct arising from a single incident shall submit only one “Motion, Entry, and Certification for Appointed Counsel Fees” (OPD Forms: OPD-1026R and OPD 1027R, when applicable) form for the case. The attorney shall list all clients and their respective case numbers on one “Motion, Entry, and Certification for Appointed Counsel Fees” (OPD Forms: OPD-1026R and OPD 1027R, when applicable) form.
  4. Time billed on one “Motion, Entry, and Certification for Appointed Counsel Fees” (OPD Forms: OPD-1026R and OPD 1027R, when applicable) form cannot be billed on any other form for which payment or reimbursement is being requested.
  5. When one client is charged with multiple offenses, irrespective of whether those charges or counts arise from the same incident, that are: assigned at the same time; and/or, dealt with simultaneously; and/or, disposed of at the same time, the assigned counsel shall submit only one “Motion, Entry, and Certification for Appointed Counsel Fees” (OPD Forms: OPD-1026R and OPD 1027R, when applicable) form. The maximum fee shall be based upon the highest degree of offense charged.

77.12 Expenses.

  1. Assigned counsel seeking reimbursement for expenses must provide receipts for all individual expenses in excess of $1.00. The assigned judge’s prior approval is not required for expenses totaling less than $100; however, counsel may not fractionalize expenses to circumvent the $100 cap. Other than capital cases or post-conviction proceedings governed by Crim.R. 42, prior approval by the assigned judge is required before incurring total expenses between $100 and $2,500, and total expenses in excess of $2,500 require prior approval of both the assigned judge and the administrative judge. All entries approving expenses shall be submitted ex parte and in camera and shall include a statement of aggregate expenses previously approved for the case, to date.
  2. When assigned counsel seek reimbursement for total expenses over $2,500, counsel must submit to the assigned judge:
  3. Detailed cost information (e.g., hourly rate and work produced); and,
  4. Justification for these services.
  5. If the assigned judge previously approved similar expenses, justification why additional expenses are required.

Failure to submit this information may result in the denial of some or all reimbursement of expenses.

77.13 Reimbursable Services.

With prior approval of the assigned judge, services reasonably necessary for the proper representation of an indigent defendant charged with a felony are reimbursable. Any request for reimbursement must comply with the Ohio Public Defender guidelines as prescribed in Section 1I(PQ) of the Ohio Public Defender’s Standards and Guidelines for Appointed Counsel Reimbursement, current edition.

Services include but are not limited to:

  1. Investigators
  2. Interpreters
  3. Experts
  4. Photo copies
  5. Psychological exams

6.Polygraph exams

  1. Transcripts of court hearings

77.14 Non-Reimbursable Expenses.

Assigned counsel will not be reimbursed for travel time, mileage or parking. In addition, no allowance will be approved for fixed office overhead.

77.15 Factors for Consideration for Approval of Expenses.

Factors considered as to the reimbursement of expenses by the assigned judge and administrative judge include:

  1. The necessity of the service to the defendant’s proper representation at trial; and
  2. The availability of a less expensive alternative which would achieve the same objective as the services sought.

77.16 Hourly Rate & Maximum Allowable Fees.

Unless otherwise provided by law or an order of the Court, payment for assigned counsel shall be at the hourly rates set forth for capital cases or post-conviction proceedings in such cases by the Capital Case Attorney Fee Council, pursuant to R.C. 120.33(D); and by the Franklin County Board of Commissioners in all other cases, pursuant to R.C. 120.33(A)(3). Current rates for non-capital cases covered by R.C. 120.33(A)(3) are:

$60 75 per hour for time spent in Court, and $50 75 per hour for time spent out of Court,

Payment will be made up to the following maximum amounts contained in the attachment to Franklin County Board of Commissioners Resolution 0887-21, adopted November 9, 2021, attached hereto and incorporated by reference. for the following offense classifications and/or other proceedings:

Offense Classification, Maximum Fees

Aggravated Murder/Murder, $5,000

All Other Felonies

Felonies 1, 2, and 3, $3,000

Felonies 4 and 5, $2,500

Post Conviction Proceedings (other than capital cases), $500, with or without evidentiary hearing

Revocation Hearings, $500

77.17 Complex Case Defined.

  1. A complex case is defined as:
  2. A case involving multiple counts dealing with multiple separate incidents which will require an extraordinary amount of trial preparation time, which is documented on the Ohio Public Defender Form: “Attorney Time Log, OPD-1028” as referenced in Section 1I(F) of the Ohio Public Defender’s Standards and Guidelines for Appointed Counsel Reimbursement, current edition; or,
  3. A trial which continues beyond the following periods:
  4. Aggravated Murder (without death specifications), Trial Length 13 days
  5. Murder, Trial Length 8 days

iii. Any other felony, Trial Length 5 days

77.18 Extraordinary Fees.

  1. Fees in excess of those specified in 77.16 are classified as extraordinary fees and are allowable only for complex cases as defined in 77.17, and only when prior approval of the assigned judge is obtainedand under the following limitations.
  2. Authorization of extraordinary fees in an amount not to exceed a total fee authorization of two times the fee set forth in 77.16.
  3. Authorize the fee set forth in 77.16 plus additional fees in an amount not to exceed an additional fee equal to the number of hours of trial time in excess of that provided in 77.16 at the then-current hourly rate for trial time.

Example

Case: Aggravated Murder case (without death specifications), Maximum fee amount – $15,000 (base fees)

Option 1 – Assigned Judge can authorize an additional maximum fee amount of $15,000 (additional fees)

Aggravated murder, maximum allowable base fees: $15,000

Additional fees, $15,000

Total Authorized Fee, two times the fee set forth in 77.156 $ 130,000

Option 2 – Assigned Judge can authorize amount equal to the number of hours of trial (In-Court hours) in excess of average trial time referenced in 77.17.

Aggravated murder, average trial time per 77.17, 13 days

Actual trial time, 4 weeks, 20 days

Maximum additional fee amount authorized, 7 days

7 days x 6 hours* per day x $6075/hr, $ 2,5203,150 (extraordinary fees)

*This is estimated, should be actual time spent in court each day

Total Authorized Fee, equal to the number of hours of trial time in excess of that provided in 77.17 at the rate of $6075/hr

$15,000 (base fees)$7,520

$3,150 (extraordinary fees)$5,000 base fees

$18,150$2,520 extraordinary fees

77.19 Forms Required for Request for Reimbursement of Fees & Expenses.

Assigned counsel seeking reimbursement shall complete all forms required by the Ohio Public Defender’s Office and/or supplemental information or forms requested by the Court.

The forms required by the Ohio Public Defender’s Office include the following, as prescribed in Section 1I,(E) of the Ohio Public Defender’s Standards and Guidelines for Appointed Counsel Reimbursement, current edition:

Form No., Form Name/Description

OPD 1026R (& 1027R, if applicable): Motion, Entry, and Certification for Appointed Counsel Fees

OPD 206R: Financial Disclosure/Affidvait of Indigency

OPD 209 Request for Court Paid Expert Expenses

OPD-E-205 Clerk’s/Auditor’s Transcript Fee for an Indigent Defendant

Additional forms required by the Ohio Public Defender’s Office and/or the Court include, but are not limited to, the following:

Form Description – When Applicable

Affidavit of Indigency /Clerk of Courts – Submitted with all fee applications

(Original affidavit from arraignment that declares defendant indigent and appoints counsel to the case.)

Certification for Expert Expenses     All fee applications for expert or investigator fees.All fee applications for expert or investigator fees

Entry*      Requesting payment of Extraordinary Fees.

Entry*      Requesting reimbursement of expenses in an amount greater than $100.

Entry*      Appointing new counsel during a case.

Entry*      Authorizing withdraw of current counsel.

Copies of Receipts        Requesting payment of expenses greater than $1.00.

Attorney Time Log, OPD 1028. Log is prepared for each case, but only submitted upon request of the aAssigned jJudge, or aAdministrative jJudge.

Log shall also include the following:

The attorney shall certify that the number of hours expended, the work performed, the name of the attorney performing the work (if supervised attorneys are utilized) and actual expenses incurred. Further, the certification shall include a statement that no compensation has been received or promised from any other source for the same case; and, that hours billed for this case have not been, nor will be, billed for payment on any other related, or non-related, cases

*All entries must be signed by the aAssigned jJudge, or if he or she isthey are unavailable, the aAdministrative jJudge, and must be filed with the Clerk of Courts – Criminal Division.

Amendment Dates: 8-20-19 (emergency adoption, final approval 1-21-20); 10-3-24 (emergency adoption)

RULES OF PRACTICE OF THE

FRANKLIN COUNTY COURT OF COMMON PLEAS GENERAL DIVISION

LOCAL RULE 101. BROADCASTING, TELEVISING AND RECORDING 101.01 Definitions

  1. Body-Worn Camera means a device worn by a law enforcement officer that makes an electronic audio and video recording.
  2. Courthouse means the entirety of the building located at 345 S. High Street, Columbus, Ohio, including all public and non-public areas, with the following exceptions.
  3. For purposes of this rule only, courthouse does not include:
  4. Courtrooms
  5. Any area under the purview of the Franklin County Clerk of Courts, Sheriff’s Department, or Public Facilities Management.
  6. Courtroom means any location where judicial proceedings and sessions are held, including but not limited to, courtrooms 2A through 7F.
  7. News Media means a type of mass media that provides news to the public, including but not limited to, newspapers, TV journalism, news services, radio stations, television stations, and news magazines.

101.02 General Prohibitions

Except as otherwise permitted pursuant to this rule, broadcasting, televising, recording, and photographing in the courthouse and courtrooms is not permitted.

No person, which includes but is not limited to, photographers, videographers, news reporters, social media influencers or other media personnel shall obstruct or impede in any way, the progress of a person on their way into or out from any courtroom, judicial chambers, or court office, nor shall any person obstruct the ingress or egress of the courthouse.

101.03 News Media

Broadcasting, televising, recording, and photographing by news media inside of a courtroom during a court session, including recesses between sessions, shall be permitted only under the following conditions.

  1. Requests. Requests for permission to broadcast, televise, record, or photograph in the courtroom shall be electronically filed in the Court’s eFlex system utilizing the Media Access form located at www.fccourts.org.
  2. Requests shall be electronically filed as far in advance as reasonably practicable, but in no event later than one hour prior to the courtroom session unless otherwise permitted by the trial judge. Requests filed the day of the session, at the discretion of the trial judge, may not be approved prior to the commencement of the session. For purposes of this rule only, ‘trial judge’ includes magistrates.
  3. The judge assigned to the trial, hearing, or session (hereinafter ‘trial judge’) shall grant the request in writing and the written order of the trial judge shall be made a part of the record of the proceedings consistent with Sup. R. 12.
  4. Permissible Equipment and Operators.
  5. Not more than one portable television, videotape, or movie camera with one in-court camera operator shall be allowed without permission of the trial judge.
  6. Not more than one still photographer shall be permitted to photograph trial proceedings without permission of the trial judge. Still photographers shall be limited to two cameras of professional quality with two lenses for each camera.
  7. For radio broadcast purposes, not more than one audio system shall be permitted in the courtroom. Where available and suitable, existing audio pickup systems in the courtroom shall be used by the media. If existing audio pickup systems are not available, microphones and other electronic equipment necessary for the audio pickup shall be as inconspicuous as possible but shall be visible.
  8. Visible audio recording equipment may not be used by the news media without prior permission of the trial judge.
  9. Pooling. Arrangements between or among media for “pooling” of equipment shall be the responsibility of the media representative authorized to cover the proceeding. The ‘authorized media representative’ is the first to e-file the Media Access form with the earliest date and time stamp and it be approved by the trial judge. Pooling arrangements are to be made outside the courtroom and without imposing on the trial judge or court personnel. If disputes arise over arrangements between or among media representatives, the trial judge may exclude all contesting representatives from the proceedings.
  10. Light and Sound Criteria. Use of electronic or photographic equipment that produces distracting sound or light is prohibited. No artificial lighting other than that normally used in the courtroom shall be employed, provided that, if the normal lighting in the courtroom can be improved without becoming obtrusive, the trial judge may permit modification.
  11. Location of Equipment and Operators
  12. One television camera shall be positioned on a tripod adjacent to the jury box in each courtroom and shall remain fixed in that position. This designated area shall provide reasonable access to coverage. Video-recording equipment or other technical equipment which is not a component part of an in-court television or broadcasting unit shall be located in a room adjacent to or outside of the courtroom.
  13. The television, broadcast, and still-camera operators shall position themselves in a location in the courtroom, either standing or sitting, and shall assume a fixed position within that area. Having established themselves in a shooting position, they shall act so as not to call attention to themselves through further movement. Sudden moves, pans, tilts, or zooms by television or still camera operators are prohibited. Still photographers and television and radio representatives shall be afforded a clear view but shall not be permitted to move about in the courtroom during court proceedings from the places where they have been positioned by the trial judge, except to leave or enter the courtroom.
  14. Television cameras, microphones, and recording equipment shall not be placed in, moved during, or removed from the courtroom except prior to commencement or after adjournment of the session or during a recess. Neither audio/video recording media, batteries, nor lenses shall be changed within a courtroom except during a recess.
  15. Audio pickup by microphone for all media purposes shall be accomplished from existing audio systems present in the courtroom. If no audio system exists in the courtroom, microphones, and related wiring essential for all media purposes shall be unobtrusive and located only at the trial judge’s bench, witness stand, and jury rail, or elsewhere with the permission of the trial judge, in advance of any session.
  16. Limitations
  17. There shall be no audio pickup or broadcast of conferences conducted in a courtroom between counsel and clients, co-counsel, or the trial judge and counsel.
  18. The photographing or televising by any means of any juror, victim of sexual assault, minor witness, minor victim, undercover police officer, or attorney work product is prohibited.
  19. Revocation of Permission. Upon the failure of any news media representative to comply with the conditions prescribed by the trial judge, the Rules of Superintendence for the Courts of Ohio, or this rule, the trial judge may revoke the permission to broadcast, photograph, or record the trial or hearing.
  20. Miscellaneous
  21. Proper courtroom decorum shall be maintained by all news media representatives.
  22. All news media representatives shall be properly attired, in a manner that reflects positively upon the journalistic profession.

101.04 Body-Worn Cameras

  1. Courtroom. A law enforcement officer may not operate a body-worn camera in the courtroom to create a recording; the camera must be in the off position.
  2. Courthouse. A law enforcement officer may operate a body-worn camera to create a recording within the courthouse in accordance with the issuing agency’s governing policies and this rule.
  3. Nothing in this Rule prohibits the use of body-worn cameras in any area under the purview of the Franklin County Clerk of Courts, Sheriff’s Department, or Public Facilities Management.
  4. Release of Recording, Public Records Request.
  5. The law enforcement agency who issued the body-worn camera is the custodian of any recordings captured by the body-worn camera. A recording made in the courthouse, or a courtroom, shall not be released to anyone outside the Court and the law enforcement agency unless the recording has been provided to the Administrative Judge, or his/her designee, in advance and with sufficient time to determine if there is confidential or exempt material contained within the recording. If the camera records and stores any portion of a court proceeding, confidential, exempt, or privileged material may not be released without Administrative Judge or designee consent.
  6. Upon receiving a public records request, the law enforcement agency shall provide the redacted and unredacted footage to the Administrative Judge, or designee, at least one week prior to the intended date of response.
  7. The Prosecuting Attorney’s office shall review the redacted footage at the request of the Court as well as any unredacted version, if necessary, before a response is provided relevant to release of the recording.
  8. The custodian of the record shall, upon direction of the Administrative Judge or designee, execute further redactions prior to the release of the recording.

Approved: Amended 2/27/24 (effective 2/27/24, emergency basis)