Rule 99. Effective Date

(A) Except as otherwise provided in this rule, the Rules of Superintendence, adopted by the Supreme Court of Ohio on April 15, 1997, shall take effect on July 1, 1997. The rules govern all proceedings in actions brought on or after the effective date and to further proceedings in actions then pending, except to the extent that application in a particular pending action would not be feasible or would work an injustice, in which case the former procedure applies. Sup. R. 37(A)(4)(b) and (c) and 43(B)(2) shall take effect January 1, 1998.

(B) The amendments to Sup. R. 51 to 78, adopted by the Supreme Court of Ohio on July 7, 1997, shall take effect on October 1, 1997.

(C) Sup. R. 26 to 26.05, adopted by the Supreme Court of Ohio on July 7, 1997, shall take effect on October 1, 1997.

(D) The amendments to standard probate forms 18.0, 18.1, 18.2, 18.3, 18.4, 18.5, 18.6, 18.7, 18.8, and 18.9, adopted by the Supreme Court of Ohio on August 26, 1997, shall take effect on October 1, 1997.

(E) The amendments to Sup. R. 26.02 to 26.05 adopted by the Supreme Court of Ohio on September 9, 1997, shall take effect on October 1, 1997.

(F) The amendments to Sup. R. 10.01, 10.02 and standard domestic violence protection order forms (Forms 10.01-A to 10.01-J and 10.02-A), adopted by the Supreme Court of Ohio on October 7, 1997, shall take effect January 1, 1998.

(G) The amendments to standard domestic violence protection order form 10.02-A, adopted by the Supreme Court of Ohio on November 4, 1997, shall take effect on January 1, 1998.

(H) The amendments to Sup.R. 16 of the Rules of Superintendence for the Courts of Ohio, adopted by the Supreme Court on September 9, 1997, shall take effect on November 24, 1997.

(I) The amendments to Sup. R. 10 of the Rules of Superintendence for the Courts of Ohio, adopted by the Supreme Court on March 24, 1998, shall take effect on March 24, 1998.

(J) The amendments to Sup.R. 9 of the Rules of Superintendence for the Courts of Ohio, adopted by the Supreme Court on May 12, 1998, shall take effect on May 12, 1998.

(K) The amendments to Sup. R. 10, 10.03 and stalking protection order forms (Forms 10.03-A to 10.03-H), adopted by the Supreme Court of Ohio on December 14, 1999, shall take effect on March 1, 2000.

(L) The amendments to Sup. R. 10.01, Forms 10.01-A through 10.01-J, 10.02-A, and Form 10-A were adopted by the Supreme Court on April 10, 2000, shall take effect on June 1, 2000.

(M) The amendments Sup. R. 52(L) and to standard probate form 18.2, adopted by the Supreme Court of Ohio on May 9, 2000, shall take effect June 1, 2000.

(N) The amendment to Sup. R. 26 and 27 adopted by the Supreme Court on April 24, 2001, shall take effect on July 1, 2001.

(O) The amendments to Sup. R. 23.1, Forms 23.1-A to 23.1-C, Sup. R. 25 and Form 25-A adopted by the Supreme Court on September 18, 2001, shall take effect on October 15, 2001.

(P) The amendment to Sup. R. 50(C) adopted by the Supreme Court on February 26, 2002, shall take effect on March 25, 2002.

(Q) The amendment to Sup. R. 36.1 adopted by the Supreme Court on March 26, 2002, shall take effect on July 1, 2002.

(R) The amendments to Sup. R. 52(L), 57(G), 59(B), 60(C), 78(B) and (C) and Standard Probate Forms 1.0, 2.0, 2.1, 2.2, 4.0, 4.4, 6.0, 8.0, 8.1, 8.2, 8.3, 8.4, 8.5, 10.4A (eliminated), 13.0, 13.3, 13.8, 13.9, and 13.10 adopted by the Supreme Court on September 17, 2002, shall take effect on December 1, 2002.

(S) The amendment to Sup. R. 20 adopted by the Supreme Court on December 4, 2002, shall take effect on January 6, 2003.

(T) The amendments to Sup. R. 41 adopted by the Supreme Court on June 24, 2003, shall take effect on October 1, 2003.

(U) The amendments to Sup. R. 64 and Standard Probate Forms 7.0 and 8.6 adopted by the Supreme Court on February 3, 2004, shall take effect on April 8, 2004.

(V) The amendments to Sup. R. 26.03 and 26.05 adopted by the Supreme Court on September 14, 2004, shall take effect on September 23, 2004.

(W) The amendments to Sup. R. 26.03 and 26.05 adopted by the Supreme Court on February 1, 2005, shall take effect on March 23, 2005.

(X) The amendments to Sup. R. 40 adopted by the Supreme Court on June 14, 2005, shall take effect on July 4, 2005.

(Y) The amendments to standard probate form 15.2, adopted by the Supreme Court of Ohio on June 14, 2005, shall take effect on July 4, 2005.

(Z) The amendments to Sup. R. 16 adopted by the Supreme Court on August 8, 2006 shall take effect on January 1, 2007.

(AA) The amendments to Sup. R. 36 adopted by the Supreme Court of Ohio on September 19, 2006, shall take effect on November 1, 2006.

(BB) The amendments to Sup. R. 71 adopted by the Supreme Court on January 23, 2007 shall take effect on February 1, 2007.

(CC) The amendments to Sup. R. 10.02, 10.03, and protection order forms 10.01-A through 10.01-J, 10.02-A, 10.03-A through 10.03-H, 10-A shall take effect on May 1, 2007.

(BB) The amendments to standard probate form 17.8, adopted by the Supreme Court of Ohio on September 18, 2007, shall take effect on October 1, 2007.

(EE) The amendment to Sup. R. 27 adopted by the Supreme Court of Ohio on November 6, 2007, shall take effect on December 1, 2007.

(FF) The amendments to Sup. R. 19 and 19.1 adopted by the Supreme Court of Ohio on February 5, 2008, shall take effect on March 1, 2008. A magistrate appointed prior to the effective date of these amendments shall be deemed in compliance with the eligibility and qualifications requirements of Sup. R. 19.

(GG) The amendments to standard probate forms 5.10, 12.0, 15.9, 16.1, 17.0, and 18.0 and adopted by the Supreme Court of Ohio on February 5, 2008, shall take effect on March 1, 2008.

(HH) The amendments to Sup. R. 10.04 and forms 10.04-A, 10.01-G, and 10.03-H adopted by the Supreme Court of Ohio on December 15, 2008, shall take effect on February 1, 2009.

(II) The amendments to Sup. R. 9 and Appendix C, adopted by the Supreme Court on November 18, 2008, shall take effect on March 1, 2009.

(JJ) The amendments to Sup. R. 48 of the Rules of Superintendence adopted by the Court on January 20, 2009 shall take effect on March 1, 2009.

(KK) The amendments to Sup. R. 44 through 47 adopted by the Supreme Court on December 15, 2008 shall take effect on July 1, 2009.

(LL) The amendments to Sup. R. 2, 4, 35, 37, 39, 40, 41, 42, and Temp Sup. R. 1.08 and 1.10 were adopted by the Supreme Court on March 9, 2009 shall take effect on July 1, 2009.

(MM) The amendments to Sup. R. 17, adopted by the Supreme Court on November 2, 2009, shall take effect on December 1, 2009.

(NN) The amendments to Sup. R. 80 through 87 and Appendix H, adopted by the Supreme Court on November 2, 2009, shall take effect on January 1, 2010.

(OO) The amendments to standard probate forms 18.0, 18.2, 18.4, 21.5, 23.0, 23.1, 23.2, 23.3, 23.4, 23.6, and 23.7 and adopted by the Supreme Court of Ohio on November 2, 2009 shall take effect on January 1, 2010.

(PP) The amendments to Sup. R. 10, 10.01 and 10.03 and Domestic Violence Forms (10- A and 10-B, 10.01-A through 10.01-N, 10.02-A, 10.03-A, 10.03-B, 10.03-D through 10.03-H, and 10.04-A), adopted by the Supreme Court of Ohio on May 25, 2010, shall take effect on July 1, 2010.

(QQ) The amendments to Sup. R. 6 and 6.01 adopted by the Supreme Court of Ohio on December 14, 2010, shall take effect on January 1, 2011.

(RR) The amendments to Sup. R. 10.05 and juvenile domestic violence forms 10.05-A through 10.05-F, adopted by the Supreme Court of Ohio on February 3, 2011, shall take effect on March 1, 2011.

(SS) The amendments to Sup. R. 80 and 88 adopted by the Supreme Court on June 21, 2011 shall take effect on January 1, 2013.

(TT) New Sup.R. 36.02 through 36.28 and Appendix I, adopted by the Supreme Court of Ohio on November 13, 2012, shall take effect on January 1, 2013.

(UU) The amendments to standard probate forms 14.2 and 18.9 and new standard probate form 45(D), adopted by the Supreme Court of Ohio on August 8, 2011 shall take effect on September 1, 2011.

(VV) New standard probate forms 24.0 through 24.6, adopted by the Supreme Court of Ohio on December 8, 2011, shall take effect on January 1, 2012.

(WW) The amendments to Sup. R. 16 and new rules 16.01 through 16.14, adopted by the Supreme Court of Ohio on January 3, 2012, shall take effect on February 1, 2012.

(XX) New Sup. R. 10.06, adopted by the Supreme Court of Ohio on January 17, 2012, shall take effect on March 1, 2012.

(YY) The amendment to Temp. Sup. R. 1.11, adopted by the Supreme Court of Ohio on May 8, 2012, shall take effect on June 1, 2012.

(ZZ) The amendments to Sup. R. 7 and repeal of Sup. R. 36.1, adopted by the Supreme Court of Ohio on August 21, 2012, shall take effect on October 1, 2012.

(AAA) The amendments to Sup. R. 3 and 4 and new rules 3.01, 3.02, and 4.01 through 4.04, adopted by the Supreme Court of Ohio on October 23, 2012, shall take effect on December 1, 2012.

(BBB) The amendments to standard probate forms 17.0, 21.0, and 21.1, adopted by the Supreme Court of Ohio on August 21, 2012 shall take effect on January 1, 2013.

(CCC) New Sup.R. 49 through 49.12 and the repeal of Temp.Sup.R. 1.01 through 1.11, adopted by the Supreme Court of Ohio on February 26, 2013, shall take effect on July 1, 2013.

(DDD) The amendments to Sup.R. 37 and 42 and new Sup.R. 37.01 through 37.07, adopted by the Supreme Court of Ohio on April 11, 2013, shall take effect on July 1, 2013.

(EEE) The amendments to Sup.R. 49, 49.02, 49.03, and 49.09, adopted by the Supreme Court of Ohio on May 21, 2013, shall take effect on July 1, 2013.

(FFF) New Sup.R. 95 and new Form 95, adopted by the Supreme Court of Ohio on December 12, 2013, shall take effect on January 1, 2014.

(GGG) The amendments to Sup.R. 10.03 and Protection Order Forms 10-A - 10.05(F), adopted by the Supreme Court of Ohio on December 12, 2013, shall take effect on March 1, 2014. Form 10.03-A was repealed.

(HHH) The amendments to standard probate forms 12.0 and 12.1 and new forms 19.2 and 19.3 and 25.0-25.6, adopted by the Supreme Court of Ohio on January 9, 2014, shall take effect on March 1, 2014.

(III) The amendments to Sup.R. 90 – 90.12, adopted by the Supreme Court of Ohio on January 9, 2014, shall take effect on April 1, 2014. ( JJJ) The amendments to Sup.R. 80 through 88 and Appendix J adopted by the Supreme Court of Ohio on February 25, 2014, shall take effect on July 1, 2014.

(KKK) The amendments to Sup.R. 16.03 and 16.04 adopted by the Supreme Court of Ohio on April 30, 2014, shall take effect on July 1, 2014.

(LLL) The amendments to Sup.R. 14 and new Sup.R. 14.01 and 14.02, adopted by the Supreme Court of Ohio on September 9, 2014, shall take effect on January 1, 2015.

(MMM) The amendments to Sup.R. 49 and 49.02 adopted by the Supreme Court of Ohio on October 7, 2014, shall take effect on October 7, 2014.

(NNN) The amendments to Sup. R. 23 through 25 and Forms 23.-A through 25-A, adopted by the Supreme Court on November 18, 2014, shall take effect on January 1, 2015.

(OOO) The repeal of Sup.R. 20 through 20.05 and 22, adopted by the Supreme Court of Ohio on January 13, 2015, shall take effect on February 1, 2015.

(PPP) New Sup.R. 66.01 through 66.09 and the amendments to Sup.R. 73, adopted by the Supreme Court of Ohio on March 10, 2015, shall take effect on June 1, 2015.

(QQQ) New Sup.R. 34, adopted by the Supreme Court of Ohio on May 5, 2015, shall take effect on July 1, 2015.

(RRR) The amendment to Sup.R. 41, adopted by the Supreme Court on August 11, 2015, shall take effect on August 11, 2015.

(SSS) The amendments to Sup.R. 44, adopted by the Supreme Court of Ohio on October 27, 2015, shall take effect on January 1, 2016.

(TTT) The amendments to Sup.R. 26.04 and 66 and Protection Order Forms 10.05-C through 10.05-E, adopted by the Supreme Court of Ohio on February 23, 2016, shall take effect on March 15, 2016.

(UUU) New Sup.R. 5.01, adopted by the Supreme Court of Ohio on March 8, 2016, shall take effect on July 1, 2016.

(VVV) The amendments to Sup.R. 80 and 87 and new Sup.R. 89, adopted by the Supreme Court of Ohio on April 19, 2016, shall take effect on July 1, 2016.

(WWW) New standard probate forms 21.6 and 26.0 through 26.14, adopted by the Supreme Court of Ohio on May 3, 2016, shall take effect on July 1, 2016.

(XXX) The amendments to Sup.R. 38, adopted by the Supreme Court of Ohio on August 16, 2016, shall take effect on January 1, 2017.

(YYY) The amendments to Sup.R. 8, adopted by the Supreme Court of Ohio on December 13, 2016, shall take effect on January 1, 2017.

(ZZZ) The amendments to Sup.R. 67 and standard probate forms 3, 17.5, 17.7, 18.0, 18.6, 18.7, and 19.0 and new standard probate forms 27.0 through 27.12, adopted by the Supreme Court of Ohio on February 7, 2017, shall take effect on March 1, 2017.

(AAAA) The amendments to Sup.R. 36 and 49.02 through 49.04, adopted by the Supreme Court of Ohio on February 28, 2017, shall take effect on March 1, 2017.

(BBBB) New Temp.Sup.R. 1.01 through 1.08, adopted by the Supreme Court of Ohio on May 2, 2017, shall take effect on June 1, 2017.

(CCCC) The amendments to Sup.R. 67, adopted by the Supreme Court of Ohio on June 6, 2017, shall take effect on June 6, 2017.

(DDDD) The amendments to Sup.R. 3 and 4, adopted by the Supreme Court of Ohio on July 11, 2017, shall take effect on August 1, 2017.

(EEEE) The amendments to Sup.R. 4.01, 19, and 19.1, adopted by the Supreme Court of Ohio on July 11, 2017, shall take effect on January 1, 2018.

(FFFF) The amendments to Sup.R. 36 and new Sup.R. 36.01 through 36.019, adopted by the Supreme Court of Ohio on September 26, 2017, shall take effect on January 1, 2018.

(GGGG) The amendments to Sup.R. 5 and 27, adopted by the Supreme Court of Ohio on May 8, 2018, shall take effect on June 1, 2018.

(HHHH) The amendments to Sup.R. 4, adopted by the Supreme Court of Ohio on July 17, 2018, shall take effect on August 1, 2018.

(IIII) The amendments to Sup.R. 16.02 and new Sup.R. 16.40 through 16.44, adopted by the Supreme Court of Ohio on January 29, 2019, shall take effect on January 29, 2019.

(JJJJ) New Sup.R. 79, adopted by the Supreme Court of Ohio on January 29, 2019, shall take effect on January 29, 2019.

(KKKK) The repeal of Sup.R. 37.05, adopted by the Supreme Court of Ohio on February 19, 2019, shall take effect on March 1, 2019.

(LLLL) New Sup.R. 36.020, adopted by the Supreme Court of Ohio on February 19, 2019, shall take effect on January 1, 2020.

(MMMM) The amendments to Sup.R. 16 through 16.14, 16.40 through 16.43, and Appendices F and G, and new Sup.R. 16.20 through 16.25, adopted by the Supreme Court of Ohio on September 10, 2019, shall take effect on January 1, 2020.

(NNNN) New Temp.Sup.R. 2.01, adopted by the Supreme Court of Ohio on June 16, 2020, shall take effect on June 26, 2020.

(OOOO) The amendments to standard probate forms 6.0, 7.1, and 8.3 and new standard probate forms 28.0 and 28.1, adopted by the Supreme Court of Ohio on September 22, 2020, shall take effect on October 1, 2020.

(PPPP) New Sup.R. 96 and Forms 96-A1 through 96-G3, adopted by the Supreme Court of Ohio on September 22, 2020, shall take effect on October 1, 2020.

(QQQQ) The amendments to Sup.R. 80 through 89, adopted by the Supreme Court of Ohio on August 6, 2019, shall take effect on January 1, 2021.

(RRRR) The amendments to Sup.R. 40 through 48.07, adopted by the Supreme Court of Ohio on August 18, 2020, shall take effect on January 1, 2021.

(SSSS) The amendments to Sup.R. 36.20 through 36.32 and Appendix I, adopted by the Supreme Court of Ohio on August 18, 2020, shall take effect on January 1, 2021.

(TTTT) The amendments to Sup.R. 17, adopted by the Supreme Court of Ohio on January 12, 2021, shall take effect on January 12, 2021.

(UUUU) The amendments to Sup.R. 10 through 10.05 and Forms 10-A through 10-G; 10.01-A through 10.01-T; 10.02-A; 10.03-B, 10.03-D through 10.03-J; 10.04-A; and 10.05-A through 10.05-F, adopted by the Supreme Court of Ohio on January 26, 2021, shall take effect on April 15, 2021.

(VVVV) The amendments to Sup.R. 16.14, 16.21, and 16.30 through 16.32; Forms 16.30-A through 16.30-D; and Temp.Sup.R. 1.01 through 1.08, adopted by the Supreme Court of Ohio on January 26, 2021, shall take effect on April 15, 2021.

(WWWW) The amendments to standard probate forms 17.8, 23.0 through 23.7, 27.7, and 29.0 through 29.29.4, adopted by the Supreme Court of Ohio on April 13, 2021, shall take effect on May 1, 2021.

(XXXX) The amendments to Sup.R. 66.05, adopted by the Supreme Court of Ohio on April 13, 2021, shall take effect on June 1, 2021.

(YYYY) New Sup.R. 5.02, adopted by the Supreme Court of Ohio on March 2, 2021, shall take effect on July 1, 2021.

(ZZZZ) The amendments to Appendix C, adopted by the Supreme Court of Ohio on March 30, 2021, shall take effect on July 1, 2021.

(AAAAA) New Sup.R. 36.33, adopted by the Supreme Court of Ohio on April 13, 2021, shall take effect on July 1, 2021.

(BBBBB) The amendments to standard probate forms 7.0, 21.6, and Sup.R. 66.05, adopted by the Supreme Court of Ohio on January 25, 2022, shall take effect on May 1, 2022.

(CCCCC) The amendments to Sup.R. 66, 66.03, 66.05, 66.06, 66.08, and 66.09, adopted by the Supreme Court of Ohio on January 25, 2022, shall take effect on July 1, 2022.

(DDDDD) The amendments to Sup.R. 2, 5, 13, 16.06, 36.08, 48.04 to 48.06, and 57, adopted by the Supreme Court of Ohio on March 8, 2022, shall take effect on July 1, 2022.

(EEEEE) New Sup.R. 91.01 through 91.09, adopted by the Supreme Court of Ohio on May 11, 2021, shall take effect on September 1, 2022.

(FFFFF) The amendments to Sup.R. 16.14 and new Sup.R. 16.50 through 16.55, adopted by the Supreme Court of Ohio on September 6, 2022, shall take effect on January 1, 2023.

(GGGGG) The amendments to Sup.R. 16.14, new Sup.R. 16.60 through 16.66, and the repeal of Sup.R. 90 through 90.12, adopted by the Supreme Court of Ohio on September 6, 2022, shall take effect on January 1, 2023.

(HHHHH) The amendments to standard probate forms 13.11, 17.1, 21.0 through 21 through 21.4, 21.6A through 21.14, 22.0, 22.2, and 22.4, adopted by the Supreme Court of Ohio on December 13, 2022, shall take effect on January 1, 2023.

(IIIII) The amendments to Sup.R. 16.02 and 16.03, adopted by the Supreme Court of Ohio on February 9, 2023, shall take effect on April 1, 2023.

(JJJJJ) The amendments to Sup.R. 80, 82.01, 85, 88 and 89 and Appendices G and H, adopted by the Supreme Court of Ohio on February 9, 2023, shall take effect on July 1, 2023.

(KKKKK) The repeal of Sup.R. 5.02, adopted by the Supreme Court of Ohio on June 29, 2023, shall take effect on July 1, 2023.

(LLLLL) The amendments to Sup.R. 39, adopted by the Supreme Court of Ohio on December 14, 2023, shall take effect on December 14, 2023.

(MMMMM) The amendments to Sup. R. 16.06 and 36.08, adopted by the Supreme Court on October 15, 2024, shall take effect on October 15, 2024.

(NNNNN) The amendments to Sup.R. 11 and 12, adopted by the Supreme Court on March 13, 2025, shall take effect on April 1, 2025.

(OOOOO) The amendments to Sup.R. 26 through 26.06, adopted by the Supreme Court on March 13, 2025, shall take effect on April 1, 2025.

(PPPPP) New Temp.Sup.R. 1.01, adopted by the Supreme Court of Ohio on April 3, 2025 shall take effect on May 1, 2025.

(QQQQQ) The amendments to Sup.R. 36.24, 66.01, 66.04, 66.09, and Appendix I, new Sup.R. 79.01, and the repeal of Temp.Sup.R. 1.01 through 2.01 adopted by the Supreme Court of Ohio on June 26, 2025, shall take effect on July 10, 2025.

(RRRRR) The amendments to Sup.R. 5 adopted by the Supreme Court of Ohio on June 26, 2025, shall take effect on September 1, 2025.

(SSSSS) The amendments to Sup.R. 5, 8, 14, 14.01, 14.02, 16.24, 16.54, 16.61, 16.62, 16.63, 16.64, 16.65, 19, 34, 36.01, 36.011, 36.012, 36.013, 36.014, 36.016, 36.018, 36.019, 36.26, 37, 37.01, 37.02, 37.03, 39, 41, 43, 80, 81, 81.01, 82, 82.01, 83, 84, 85, 86, 88, and 89, the new Sup.R. 87, Appendices B, G, H, and J, and standard probate forms 18.0, 18.2, 18.4, 18.6, 18.7, 19.0, and 19.2, and new standard probate form 19.4, adopted by the Supreme Court of Ohio on October 30, 2025, shall take effect on November 13, 2025.

(TTTTT) The amendments to Sup.R. 39 adopted by the Supreme Court of Ohio on April 3, 2025, shall take effect on January 1, 2026. APPENDIX A STATISTICAL REPORTING FORMS 13 APPENDIX B OHIO TRIAL COURT JURY USE AND MANAGEMENT STANDARDS The Ohio Trial Court Jury Use and Management Standards were adopted by the Supreme Court of Ohio on August 16, 1993.

14 APPENDIX B TABLE OF CONTENTS Standard 1 Opportunity for Service 1 Standard 2 Jury Source List 2 Standard 3 Random Selection Procedures 3 Standard 4 Eligibility for Jury Service 4 Standard 5 Term of and Availability for Jury Service 5 Standard 6 Exemption, Excuse, and Deferral 6 Standard 7 Voir Dire 8 Standard 8 Removal from the Jury Panel for Cause 9 Standard 9 Peremptory Challenges 10 Standard 10 Administration of the Jury System 12 Standard 11 Notification and Summoning Procedures 13 Standard 12 Monitoring the Jury System 14 Standard 13 Juror Use 15 Standard 14 Jury Facilities 16 Standard 15 Juror Compensation 17 Standard 16 Juror Orientation and Instruction 18 Standard 17 Jury Size and Unanimity of Verdict 20 Standard 18 Jury Deliberations 21 Standard 19 Sequestration of Jurors 22 15 STANDARD 1 OPPORTUNITY FOR SERVICE A. The opportunity for jury service should not be denied or limited on the basis of race, national origin, gender, age, religious belief, income, occupation, disability, or any other factor that discriminates against a cognizable group in the jurisdiction. B. Jury service is an obligation of all qualified citizens. Commentary Standard 1 is essentially identical to the ABA Standard. It is the obligation of every court to reasonably accommodate the special needs of physically handicapped jurors. While physically handicapped jurors may pose special issues for courts and their personnel, these issues are manageable. Support agencies and advancing technologies exist to aid courts in accommodating the special needs of hearing impaired and visually impaired jurors, for example. The obligation of jury service falls on all citizens; it is vitally important that the legal system open its doors to each person who desires to serve on a jury. Reference is made to the ADA. Ohio Statutes O.R.C. 2313.47 Race or color shall not disqualify a juror.

16 STANDARD 2 JURY SOURCE LIST A. The names of potential jurors should be drawn from a jury source list compiled from one or more regularly maintained lists of persons residing in the court jurisdiction. B. The jury source list should be representative and should be as inclusive of the adult population in the jurisdiction as is feasible. C. The court should periodically review the jury source list for its representativeness and inclusiveness of the adult population in the jurisdiction as is feasible. D. Should the court determine that improvement is needed in the representativeness or inclusiveness of the jury source list, appropriate corrective action should be taken. Commentary Standard 2 is identical to the ABA Standard. There should be a periodic review of the representativeness and inclusiveness of the jury source list. Ohio Statutes O.R.C. 1901.25 Selection and impaneling of a jury. O.R.C. 1907.28 Authorizes county courts to adopt local rules regarding jury selection and impaneling. O.R.C. 2311.42 Authorizes the drawing of a jury from an adjoining county if a party to the case is the board of county commissioners. O.R.C. 2313.06 Provisions relative to the summoning of jurors using lists of voters and licensed drivers. O.R.C. 2313.07 Construction of a jury wheel and the use of data processing equipment in drawing jurors. O.R.C. 2313.08 Contains provisions relative to the annual jury list. O.R.C. 2313.09 Supplemental jury lists. O.R.C. 2313.15 Report of names of jurors excused. O.R.C. 2313.20 Notice of drawing. O.R.C. 2313.21 Conduct of drawing. O.R.C. 2313.26 Order for additional number of jurors.

17 STANDARD 3 RANDOM SELECTION PROCEDURES A. Random selection procedures should be used throughout the juror selection process. Any method may be used, manual or automated, that provides each eligible and available person with an equal probability of selection. These methods should be documented. B. Random selection procedures should be employed in: 1. Selecting persons to be summoned for jury service; 2. Assigning prospective jurors to panels; and 3. Calling prospective jurors for voir dire. C. Departures from the principle of random selection are appropriate: 1. To exclude persons ineligible for service in accordance with Standard 4; 2. To excuse or defer prospective jurors in accordance with Standard 6; 3. To remove prospective jurors for cause or if challenged peremptorily in accordance with Standards 8 and 9; and 4. To provide all prospective jurors with an opportunity to be called for jury service and to be assigned to a panel in accordance with Standard 13. Commentary Standard 3 is essentially identical to the ABA Standard. Ohio Statutes O.R.C. 1901.25 Selection and impaneling of a jury. O.R.C. 1907.28 Authorizes county courts to adopt local rules regarding jury selection and impaneling. O.R.C. 2101.30 Drawing of a jury in probate cases. O.R.C. 2313.07 Construction of a jury wheel and the use of data processing equipment in drawing jurors. O.R.C. 2313.08 Contains provisions relative to the annual jury list. O.R.C. 2313.09 Supplemental jury lists. O.R.C. 2313.15 Report of names of jurors excused. O.R.C. 2313.21 Conduct of drawing.

18 STANDARD 4 ELIGIBILITY FOR JURY SERVICE All persons should be eligible for jury service except those who: A. Are less than eighteen years of age; B. Are not citizens of the United States; C. Are not residents of the jurisdiction in which they have been summoned to serve; D. Are not able to communicate in the English language; or E. Have been convicted of a felony and have not had their civil rights restored. Commentary Standard 4 is identical to the ABA Standard. Legislative changes recommended in order for Standard 4 to be consistent with Standard 6. Ohio Statutes O.R.C. 1901.25 Selection and impaneling of a jury. O.R.C. 1907.28 Authorizes county courts to adopt local rules regarding jury selection and impaneling. O.R.C. 2961.01 Precludes convicted felons from serving as jurors.

19 STANDARD 5 TERM OF AND AVAILABILITY FOR JURY SERVICE A. The time that persons are called upon to perform jury service and to be available should be the shortest period consistent with the needs of justice. B.

A term of service of one day or the completion of one trial, whichever is longer, is recommended. However, a term of one week or the completion of one trial, whichever is longer, is acceptable. C. Persons should not be required to maintain a status of availability for jury service for longer than two weeks except in jurisdictions where it may be appropriate for persons to be available for service over a longer period of time. Commentary Standard 5 is essentially identical to the ABA Standard. Courts should reduce, to the extent possible, the number of days a person serves and the period of availability.

20 STANDARD 6 EXEMPTION, EXCUSE, AND DEFERRAL A. All automatic excuses or exemptions, with the exception of statutory exemptions, from jury service should be eliminated. B. Eligible persons who are summoned may be excused from jury service only if: 1. Their ability to receive and evaluate information is so impaired that they are unable to perform their duties as jurors and they are excused for this reason by a judge; or 2. They request to be excused because their service would be a continuing hardship to them or to members of the public and they are excused by a judge or a specifically authorized court official. C. Deferrals for jury service for reasonably short periods of time may be permitted by a judge or a specifically authorized court official. D. Requests for excuses and deferrals and their disposition should be written or otherwise made or recorded. Specific uniform guidelines for determining such requests should be adopted by the court. Commentary Standard 6 has been changed from the ABA Standard to be consistent with the O.R.C. Deferrals are encouraged rather than the granting of excuses. With a shorter term of service (see Standard 5), reasons for being excused should be reduced. The Jury Management Project Team recommends that all statutory exceptions be eliminated. Ohio Statutes O.R.C. 737.26 Exempts fireman from jury duty. O.R.C. 1901.25 Selection and impaneling of a jury. O.R.C. 1907.28 Authorizes county courts to adopt local rules regarding jury selection and impaneling. O.R.C. 2313.12 Jury exemptions; proof of exemptions. O.R.C. 2313.13 Postponement of jury service; temporary excuse or discharge. O.R.C. 2313.14 Failure to attend after postponed service. O.R.C. 2313.15 Report of names of jurors excused. O.R.C. 2313.16 Reasons for which jurors may be excused. O.R.C. 2313.27 Evasion of jury service. O.R.C. 2313.36 Exemptions from jury service in court of record. O.R.C. 5919.20 Exempts certain officers and personnel of the Ohio National Guard from jury service. O.R.C. 5920.10 Exempts members of the Ohio Military Reserve from jury duty. O.R.C. 5921.09 Exempts members of the Ohio Naval Militia from jury service.

21 STANDARD 7 VOIR DIRE A. Voir dire examination should be limited to matters relevant to determining whether to remove a juror for cause and to determine the juror's fairness and impartiality. B. To reduce the time required for voir dire, basic background information regarding panel members should be made available to counsel in writing for each party on the day on which jury selection is to begin. C. The trial judge should conduct a preliminary voir dire examination. Counsel shall then be permitted to question panel members for a reasonable period of time. D. The judge should ensure that the privacy of prospective jurors is reasonably protected, and the questioning is consistent with the purpose of the voir dire process. E. In criminal cases, the voir dire process shall be held on the record. In civil cases, the voir dire process shall be held on the record unless waived by the parties. Commentary Standard 7 is essentially identical to the ABA Standard. The questionnaire shall be handled in a manner to ensure privacy. When prospective jurors are initially sworn, the oath should also indicate that the answers to the jury questionnaire are true. Ohio Statutes O.R.C. 1901.25 Selection and impaneling of a jury. O.R.C. 1907.28 Authorizes county courts to adopt local rules regarding jury selection and impaneling. Court Rules Civ. R.

47 Jurors. Crim. R.

24 Trial jurors.

22 STANDARD 8 REMOVAL FROM THE JURY PANEL FOR CAUSE If the judge determines during the voir dire process that any individual is unable or unwilling to hear the particular case at issue fairly and impartially, that individual should be removed from the panel. Such a determination may be made on motion of counsel or by the judge. Commentary Standard 8 is essentially identical to the ABA Standard. Jurors should be reminded that jury service is an obligation of each qualified citizen (see Standard 1). Ohio Statutes O.R.C. 1901.25 Selection and impaneling of a jury. O.R.C. 1907.28 Authorizes county courts to adopt local rules regarding jury selection and impaneling. O.R.C. 2313.42 Challenge for cause of persons called as jurors. O.R.C. 2313.43 Challenge of petit jurors. O.R.C. 2945.25 Causes for challenging jurors. O.R.C. 2945.26 Challenge of juror for cause. Court Rules Civ. R.

47 Jurors. Crim. R.

24 Trial jurors.

23 STANDARD 9 PEREMPTORY CHALLENGES A. Rules determining procedure for exercising peremptory challenges should be uniform throughout the state. B. Peremptory challenges should be limited to a number no larger than necessary to provide reasonable assurance of obtaining an unbiased jury. C. In civil cases, the number of peremptory challenges should not exceed three for each side. If the court finds that there is a conflict of interest between parties on the same side, the court may allow each conflicting party up to three peremptory challenges. D. In criminal cases, the number of peremptory challenges should not exceed: 1. Six for each side when a death sentence may be imposed upon conviction; 2. Four for each side when a sentence of imprisonment (state institution) may be imposed upon conviction; or 3. Three for each side in all other prosecutions. One additional peremptory challenge should be allowed for each defendant in a multi-defendant criminal proceeding. E. In criminal and civil proceedings each side should be allowed one peremptory challenge if one or two alternate jurors are impaneled, two peremptory challenges if three or four alternates are impaneled, and three peremptory challenges if five or six alternates are impaneled. These additional peremptory challenges shall be used against an alternate juror only, and the other peremptory challenges allowed by law shall not be used against an alternate juror. Commentary Standard 9 has been changed from the ABA Standard to be consistent with the O.R.C. and Ohio Rules of Court. Ohio Statutes O.R.C. 1901.25 Selection and impaneling of a jury. O.R.C. 1907.28 Authorizes county courts to adopt local rules regarding jury selection and impaneling. O.R.C. 2938.06 Number of jurors and challenges. O.R.C. 2945.21 Peremptory challenges. O.R.C. 2945.23 Use of peremptory challenges. Court Rules Civ. R.

47 Jurors. Crim. R.

24 Trial jurors.

24 STANDARD 10 ADMINISTRATION OF THE JURY SYSTEM A. The responsibility for administration of the jury system should be vested exclusively in the judicial branch of government. B. All procedures concerning jury selection and service should be governed by the Ohio Constitution, the Revised Code, rules promulgated by the Supreme Court of Ohio, and local rules of the court or division of the court. C. Responsibility for administering the jury system should be vested in a single administrator acting under the supervision of the administrative judge of the court or division of the court. Commentary Standard 10 is essentially identical to the ABA Standard. Standard 10 suggests that current legislation be repealed. Ohio Constitution Article IV, Section 5(B) Allows the Supreme Court to adopt Rules of Practice and Procedure and permits courts to adopt rules concerning local practice that do not conflict with Supreme Court Rules. Ohio Statutes O.R.C. 1901.14 Authorizes the adoption of local rules regarding the summoning of jurors. O.R.C. 1907.28 Authorizes county courts to adopt local rules regarding jury selection and impaneling. O.R.C. 2313.01 Authorizes the appointment of jury commissioners. O.R.C. 2313.02 Compensation and appointment of deputies and clerks in the office of jury commissioners. O.R.C. 2313.03 Oath of office for jury commissioners. O.R.C. 2313.04 Lists cases in which the deputy jury commissioner may act.

25 STANDARD 11 NOTIFICATION AND SUMMONING PROCEDURES A. The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person should be: 1. Combined in a single document; 2. Phrased so as to be readily understood by an individual unfamiliar with the legal and jury systems; and 3. Delivered by ordinary mail. B.

A summons should clearly explain how and when the recipient must respond and the consequences of a failure to respond. C. The questionnaire should be phrased and organized so as to facilitate quick and accurate screening and should request only that information essential for: 1. Determining whether a person meets the criteria for eligibility; 2. Providing basic background information ordinarily sought during voir dire examination; and 3. Efficiently managing the jury system. D. Policies and procedures should be established for monitoring failures to respond to a summons and for enforcing a summons to report for jury service. Commentary Standard 11 is essentially identical to the ABA Standard. Ohio Statutes O.R.C. 1905.28 Gives the mayor of a municipal corporation the authority to compel the attendance of jurors. O.R.C. 1907.29 Cross-references to civil and criminal rules and authorizes the punishment by contempt for summoned jurors who refuse to serve. O.R.C. 2101.30 Drawing of a jury in probate cases. O.R.C. 2313.10 Notice to jurors to appear and testify before jury commissioners. O.R.C. 2313.11 Failure of summoned juror to attend or testify. O.R.C. 2313.14 Failure to attend after postponed service. O.R.C. 2313.25 Service and return of venire. O.R.C. 2313.26 Order for additional number of jurors. O.R.C. 2313.29 Failure of juror to attend. O.R.C. 2313.30 Arrest for failure to attend.

26 STANDARD 12 MONITORING THE JURY SYSTEM Courts should collect and analyze information regarding the performance of the jury system on a regular basis in order to evaluate: A. The representativeness and inclusiveness of the jury source list; B. The effectiveness of qualification and summoning procedures; C. The responsiveness of individual citizens to jury duty summonses; D. The efficient use of jurors; and E. The cost-effectiveness of the jury management system. Commentary Standard 12 is essentially identical to the ABA Standard, and the Jury Standard Project Team recognizes that the information gathered must be analyzed to ensure efficient jury management.

27 STANDARD 13 JUROR USE A. Courts should employ the services of prospective jurors so as to achieve optimum use with a minimum of inconvenience to jurors. B. Courts should determine the minimally sufficient number of jurors needed to accommodate trial activity. This information and appropriate management techniques should be used to adjust both the number of individuals summoned for jury duty and the number assigned to jury panels. 1. Courts using jury pools should ensure that each prospective juror who has reported to the court is assigned for voir dire; and 2. Courts using panels should ensure that each prospective juror who has reported to the court is assigned for voir dire. C. Courts should coordinate jury management and calendar management to make effective use of jurors. Commentary Standard 13 is essentially identical to the ABA Standard. Ohio Statutes O.R.C. 2313.19 Number of jurors drawn. O.R.C. 2313.24 Number of jurors; exception for smaller counties.

28 STANDARD 14 JURY FACILITIES A. Courts should provide an adequate and suitable environment for jurors. B. The entrance and registration area should be clearly identified and appropriately designed to accommodate the daily flow of prospective jurors to the courthouse. C. Jurors should be accommodated in pleasant waiting facilities furnished with suitable amenities. D. Jury deliberation rooms should include space, furnishings, and facilities conducive to reaching a fair verdict. The safety and security of the deliberation rooms should be ensured. E. To the extent feasible, juror facilities should be arranged to minimize contact between jurors, parties, counsel, and the public. Commentary Standard 14 is essentially identical to the ABA Standard. Ohio Statutes O.R.C. 1907.29 Cross-references to civil and criminal rules and authorizes the punishment by contempt for summoned jurors who refuse to serve. O.R.C. 2313.05 Office and supplies for the jury commissioners. O.R.C. 2315.03 Deliberations of jury. O.R.C. 2945.33 Keeping and conduct of the jury after case is submitted to the jury. Rules of Superintendence Appendix D Court facility standards.

29 STANDARD 15 JUROR COMPENSATION A. Persons called for jury service should receive a reasonable fee for their service and expenses. B. Such fees should be paid promptly. C. Employers shall be prohibited from discharging, laying-off, denying advancement opportunities to, or otherwise penalizing employees who miss work because of jury service. Commentary Standard 15 is essentially identical to the ABA Standard. Ohio Statutes O.R.C. 1901.25 Selection and impaneling of a jury. O.R.C. 1907.28 Authorizes county courts to adopt local rules regarding jury selection and impaneling. O.R.C. 2101.16 Cross-references to other sections regarding jury fees. O.R.C. 2313.34 Discharge of juror; compensation.

30 STANDARD 16 JUROR ORIENTATION AND INSTRUCTION A. Orientation programs should be: 1. Designed to increase prospective jurors' understanding of the judicial system and prepare them to serve competently as jurors; and 2. Presented in a uniform and efficient manner using a combination of written, oral, and audiovisual materials. B. Courts should provide some form of orientation or instructions to persons called for jury service: 1. Upon initial contact prior to service; 2. Upon first appearance at the court; and 3. Upon reporting to a courtroom for voir dire. C. The trial judge should: 1. Give preliminary instructions to all prospective jurors. 2. Give instructions directly following impanelment of the jury to explain the jury's role, the trial procedures including notetaking and questioning by jurors, the nature of evidence and its evaluation, the issues to be addressed, and the basic relevant legal principles; 3. Prior to the commencement of deliberations, instruct the jury on the law, on the appropriate procedures to be followed during deliberations, and on the appropriate method for reporting the results of its deliberations. Such instructions should be made available to the jurors during deliberations; 4. Prepare and deliver instructions which are readily understood by individuals unfamiliar with the legal system; and 5. Recognize utilization of written instructions is preferable. 6. Before dismissing a jury at the conclusion of a case: a. Release the jurors from their duty of confidentiality; b. Explain their rights regarding inquiries from counsel or the press; c. Either advise them that they are discharged from service or specify where they must report; and d. Express appreciation to the jurors for their service, but not express approval or disapproval of the result of the deliberation. D. All communications between the judge and members of the jury panel from the time of reporting to the courtroom for voir dire until dismissal shall be in writing or on the record in open court. Counsel for each party shall be informed of such communication and given the opportunity to be heard.

31 Commentary Standard 16 is essentially identical to the ABA Standard with addition of C., 4. Reference may be made to Ohio Jury Instructions. Ohio Statutes O.R.C. 2945.10 Order of trial proceedings, including the charge to the jury. O.R.C. 2945.11 Charge to the jury on questions of law and fact. O.R.C. 2945.34 Admonition to be administered to jurors if they are separate during trial. Court Rules Civ. R.

51 Instructions to the jury; objections. Crim. R.

30 Instructions to the jury.

32 STANDARD 17 JURY SIZE AND UNANIMITY OF VERDICT Jury size and unanimity in civil and criminal cases shall conform with existing Ohio law. Commentary Standard 17 has been changed from the ABA Standard to be consistent with the O.R.C. Ohio Constitution Article I, Section 5 Trial by jury; reform in civil jury system Ohio Statutes O.R.C. 1901.24 Cross-references to civil and criminal rules relating to juries. O.R.C. 1907.29 Cross-references to civil and criminal rules and authorizes the punishment by contempt for summoned jurors who refuse to serve. O.R.C. 2938.06 Number of jurors and challenges. Court Rules Civ. R.

38 Jury trial of right. Civ. R.

48 Juries; majority verdict; stipulation of number of jurors. Civ. R. Form 18 Judgment on jury verdicts. Crim. R.

23 Trial by jury or by the court.

33 STANDARD 18 JURY DELIBERATIONS A. Jury deliberations should take place under conditions and pursuant to procedures that are designed to ensure impartiality and to enhance rational decision-making. B. The judge should instruct the jury concerning appropriate procedures to be followed during deliberations in accordance with Standard 16C. C. The deliberation room should conform to the recommendations set forth in Standard 14C. D. The jury should not be sequestered except under the circumstances and procedures set forth in Standard 19. E.

A jury should not be required to deliberate after a reasonable hour unless the trial judge determines that evening or weekend deliberations would not impose an undue hardship upon the jurors and are required in the interest of justice. F. Training should be provided to personnel who escort and assist jurors during deliberation. Commentary Standard 16 is essentially identical to the ABA Standard. Counsel and appropriate court personnel should remain readily available during jury deliberations. Juries should be provided with a pleasant, comfortable, secure, and safe place in which to work. Ohio Statutes O.R.C. 2315.03 Deliberations of jury. O.R.C. 2315.04 Duty of officer in charge of jury. O.R.C. 2945.32 Contains the oath to be administered to an officer if the jury is sequestered. O.R.C. 2945.33 Keeping and conduct of the jury after case is submitted to the jury. Court Rules Civ. R. Form 18 Judgment on jury verdict. Crim. R.

30 Instructions to the jury.

34 STANDARD 19 SEQUESTRATION OF JURORS A.

A jury should be sequestered only for good cause, including but not limited to insulating its members from improper information or influences. B. During deliberations in the guilt phase and penalty phase, the jury shall be sequestered in a capital case. C. The trial judge shall have the discretion to sequester a jury on the motion of counsel or on the judge's initiative and shall have the responsibility to oversee the conditions of sequestration. D. Standard procedures should be promulgated to: 1. Achieve the purpose of sequestration; and 2. Minimize the inconvenience and discomfort of the sequestered jurors. E. Training shall be provided to personnel who escort and assist jurors during sequestration. Commentary Standard 19 differs from the ABA Standard. 1. "Should" was changed to "shall" in C and E. 2. Jury escorts may be law enforcement personnel. Standard 19 has been changed to be consistent with the O.R.C. Ohio Statutes O.R.C. 2315.04 Duty of officer in charge of jury. O.R.C. 2945.31 Allows, but does not require, sequestering of jurors after a trial has commenced. O.R.C. 2945.33 Requires sequestration of jurors in capital cases once a case is submitted to the jury. Court Rules Crim. R.

24 Trial jurors. OHIO COURT SECURITY STANDARDS APPENDIX C COURT SECURITY STANDARDS PREAMBLE The following Ohio Court Security Standards represent the efforts of the Supreme Court Advisory Committee on Court Security & Emergency Preparedness. The Standards were first adopted by the Supreme Court in 1994 and are now revised to reflect changes in our society affecting them. Ohio citizens should expect all court facilities to be safe and secure for all who enter so that justice for all may be sought and not unjustly interrupted. Court facilities and each courtroom therein should have appropriate levels of security to address any foreseeable concern or emergency that may arise during the course of business. Elected officials charged with court facility authority must be proactive and sensitive to court security and emergency preparedness concerns. While the Advisory Committee understands providing a safe court facility to all carries a financial price, it is imperative that the topics discussed in the Ohio Court Security Standards be addressed. Court security and emergency strategies and actions must be consistent with individual rights, civil liberties, and freedoms protected by the United States Constitution, the Ohio Constitution, and the rule of law. Because Ohio has a diverse population, special thought should be given to overcoming language and cultural barriers and physical disabilities when addressing security and emergency issues. However, Ohio citizens must be assured that any security practice or policy is employed in a neutral manner. The Ohio Court Security Standards attempt to balance the diverse needs of each community. However, each locale is encouraged to promulgate policies and procedures to meet its specific needs. Special consideration should be given to defining the roles and responsibilities of the court and law enforcement officials within each local jurisdiction. TABLE OF CONTENTS Standard 1. Court Security Committee 1 Standard 2. Security Policy and Procedures Manual 2 Standard 3. Emergency Preparedness Manual 4 Standard 4. Continuity of Operations Manual 5 Standard 5. Persons Subject to a Security Search 6 Standard 6. Court Security Officers 7 Standard 7. Weapons in Court Facilities 8 Standard 8. Prisoner Transport Within Court Facilities 9 Standard 9. Duress Alarms for Judges and Court Personnel 10 Standard 10. Closed-Circuit Video Surveillance 11 Standard 11. Restricted Access to Offices 12 Standard 12. Off-Site Personal Security 13 Standard 13. Structural Design of Court Facilities and Courtrooms 14 Standard 14. Security Incident Reporting 15 Standard 15. Communication Devices in the Court Facility 16 Standard 16. Information Technology Operations Security 18 STANDARD 1. COURT SECURITY COMMITTEE Each court shall appoint a court security committee to meet on a periodic basis for the purpose of implementing these standards. If more than one court occupies a court facility, the courts shall collectively appoint a single committee. Commentary Court security issues affect many sectors of the community and include differing local needs and serious funding concerns. Therefore, a Court Security Committee should review these issues in a cooperative and constructive manner. The Court Security Committee should include representatives of first responders, emergency management agencies, and funding authorities, and may include representatives from each entity within the court facility and the community. STANDARD 2. SECURITY POLICY AND PROCEDURES MANUAL

(A) Adoption of manual As part of its court security plan, each court shall adopt a written security policy and procedures manual governing security of the court and the court facility to ensure consistent, appropriate, and adequate security procedures. The manual shall include each of the following:

(1) A physical security plan;

(2) Routine security operations;

(3) An emergency action plan that addresses events such as a hostage situation, an escaped prisoner, violence in the courtroom, a bomb threat, and fire;

(4) A high risk trial plan.

(B) Review of manual A court shall periodically test and update its security policy and procedures manual for operational effectiveness.

(C) Multiple courts If more than one court occupies a court facility, the courts shall collectively adopt and review a single security policy and procedures manual. Commentary Although traditional forms of security, such as security searches of entrants to the court facility, are an excellent primary safeguard, it is important that courts have a written Security Policy and Procedures Manual addressing the items listed above. To ensure a thorough knowledge of the court's Security Policy and Procedures Manual, all court security officers should review the manual as a part of their orientation and as a component of regular, continuing education for retained court security officers. A copy of the Security Policy and Procedures Manual should be available to all court security officers to ensure they understand the appropriate security procedures. All court security officers should be immediately informed of any changes or amendments to the Security Policy and Procedures Manual. Security Policy and Procedures Manual is a protected document which should not be shared with non-security court personnel other than court leadership. However, it is recommended that a shorter guidebook be prepared for all other court personnel, which should include emergency evacuation procedures, routes, and building safety guidelines. STANDARD 3. EMERGENCY PREPAREDNESS MANUAL

(A) Adoption of manual As part of its court security plan, each court shall adopt a written emergency preparedness manual. The manual shall include a plan providing for the safety of all persons present within the court facility during an emergency.

(B) Review of manual A court shall periodically test and update its emergency preparedness manual for operational effectiveness.

(C) Multiple courts If more than one court occupies a court facility, the courts shall collectively adopt and review a single emergency preparedness manual. STANDARD 4. CONTINUITY OF OPERATIONS MANUAL

(A) Adoption of manual As part of its court security plan, each court shall adopt a written continuity of operations manual. The manual shall include a plan that addresses each of the following:

(1) The continued operation of the court at an alternative site should its present site be rendered inoperable due to a natural disaster, act of terrorism, security breach within the building, or other unforeseen event;

(2) The provisions of the "Court Continuity of Operations (COOP) Plan Template" available on the website of the Supreme Court.

(B) Review of manual A court shall periodically test and update its continuity of operations manual for operational effectiveness.

(C) Multiple courts If more than one court occupies a court facility, the courts shall collectively adopt and review a single continuity of operations manual. STANDARD 5. PERSONS SUBJECT TO A SECURITY SEARCH All persons entering a court facility shall be subject to a security search. A security search should occur for each visit to the court facility, regardless of the purpose or the hour. Commentary The credibility of court security requires the public be subject to a security search when entering a court facility. Any exemption of personnel from the security search process, including elected officials, court personnel, attorneys, law enforcement officers, or court security officers, should be decided and documented by the Court Security Committee. At a minimum, each court facility should have at least one portable walk-through magnetometer and a hand-held magnetometer, with court security officers trained in the proper use of that equipment. Walk-through magnetometers at a single point of entry, with accompanying x- ray viewing of packages and handbags, is the optimal method of searching entrants to a court facility and should be utilized to provide the type of security needed to ensure a safe environment. A single point of entry for the public is strongly recommended. STANDARD 6. COURT SECURITY OFFICERS

(A) Assignment Uniformed court security officers should be assigned in sufficient numbers to ensure the security of each courtroom and the court facility.

(B) Certification and training All court security should be certified through the Ohio Peace Officers Training Council. These officers should receive specific training on court security and weapons instruction specific to the court setting. Commentary For the purpose of these standards, "court security officer" means an individual employed or contracted to perform security duties or functions at a court facility and includes a law enforcement officer assigned to court security and a bailiff who performs court security duties or functions. "Court security officer" does not include an administrative bailiff who does not perform court security duties or functions. Law enforcement officers who are present within the court facility for purposes other than court security, such as testifying at a trial, should not be considered a component of the court security system. These law enforcement officers' full attention should be directed to the duties to which they are assigned. The security of the court should not be reliant upon these law enforcement officers, who may have no specific training in court security. STANDARD 7. WEAPONS IN COURT FACILITIES

(A) Prohibition No weapons should be permitted in a court facility except those carried by court security officers or as permitted under division (B)(1) of this standard. The court should establish and install adequate security measures to ensure no one will be armed with any weapon in the court facility.

(B) Law enforcement

(1) Each court should promulgate a local court rule governing the carrying of weapons into the court facility by law enforcement officers who are not a component of court security and are acting within the scope of their employment. If more than one court occupies a court facility, the courts shall collectively promulgate a single rule.

(2) In all cases, law enforcement officers who are parties to a judicial proceeding as a plaintiff, defendant, witness, or interested party outside of the scope of their employment should not be permitted to bring weapons into the court facility. Commentary There is no issue more controversial relating to court security than whether law enforcement officers should be required to surrender their weapons at the court facility door. As a result, each individual court should review its needs and formulate policy based upon local needs and realities. STANDARD 8. PRISONER TRANSPORT WITHIN COURT FACILITIES

(A) Transport Prisoners should be transported into and within a court facility through areas that are not accessible to the public. When a separate entrance is not available and public hallways must be utilized, prisoners should be handcuffed behind the back or handcuffed with use of "belly chains" to limit hand movement and always secured by leg restraints.

(B) Carrying of firearms During the transport of prisoners, personnel in direct contact with the prisoners should not carry firearms. However, an armed court security officer should be present.

(C) Holding area Once within a court facility, prisoners should be held in a secure holding area equipped with video monitoring, where practicable, while awaiting court hearings and during any recess. Commentary If prisoners cannot be transported through private court facility entrances, public movement in the area should be restricted during the time of prisoner transport since transport through a public area exposes the public to danger, enhances the possibility of prisoner escape, and increases the ability to transfer weapons or other contraband to prisoners. Law enforcement officers should accompany prisoners to the courtroom, remain during the hearing, and return prisoners to the secured holding area. Court security officers should not assume this responsibility. STANDARD 9. DURESS ALARMS FOR JUDGES AND COURT PERSONNEL All courtrooms, hearing rooms, judges' chambers, clerks of courts' offices, and reception areas should be equipped with a duress alarm system connected to a central security station. The duress alarm system should include enunciation capability. Commentary There are times when individuals may be able to circumvent standard court security measures. Judges and court personnel should have a readily accessible signal system upon which to rely in emergency situations. It is important that the duress alarm system be a type which includes an audible alarm at the central security station. However, the system should not include an audible alarm at the activation site. The duress alarm system should quickly summon additional help from the county sheriff's department or the nearest police jurisdiction when needed. To ensure confidence in the duress alarm system is maintained, duress alarms should be tested periodically and all efforts should be made to minimize false alarms. STANDARD 10. CLOSED-CIRCUIT VIDEO SURVEILLANCE If a court utilizes closed-circuit video surveillance, the system should include the court facility parking area, entrance to the court facility, court lobby, courtroom, and all other public areas of the court facility. Commentary Posted notices that every judicial proceeding is under surveillance may dissuade those who have intentions of disrupting a hearing. Some court facilities may lack the architectural and structural elements necessary for court security and, therefore, require greater reliance on security devices. Closed-circuit video surveillance is secondary to security searches of entrants to a court facility. STANDARD 11. RESTRICTED ACCESS TO OFFICES To ensure safe and secure work areas and to protect against inappropriate interaction between judges and participants in the judicial process, an effective secondary security perimeter should be utilized at the entrance to the office space housing judges and court personnel. Commentary The security of the office space housing judges and court personnel must be maintained. Unlimited access to these areas is dangerous and unnecessary. The general public should not be permitted to wander through these areas for any reason. However, attorneys should have controlled access to the areas. Persons having business with a judge or court personnel should be encouraged to make appointments. Steps which may be taken to facilitate this standard include a main receptionist checkpoint, passive or active electromagnetic hall locks, and cardreader door locks. Also, the judges' chambers, as differentiated from the staff offices, and judges' parking spaces should not be designated by "Judge" signage. Finally, parking spaces should be located as close as possible to an entrance. STANDARD 12. OFF-SITE PERSONAL SECURITY As part of its court security plan, each court, in conjunction with law enforcement officers, should adopt procedures for the personal security of judges and court personnel at locations outside the court facility. If more than one court occupies a court facility, the courts shall collectively adopt procedures applicable to all judges and court personnel in the court facility. Commentary The protection of judges and court personnel from work-related threats and acts of violence outside the court facility is important. It is essential that procedures be in place, when necessary, to respond to such incidents. The particular procedures may include personal security profiles, residential alarm systems, cellular telephones, weapons training, self-defense training, and personal/family bodyguard security. While all of these steps include some financial commitment, the procedures may be graduated to respond to the needs of any given situation. STANDARD 13. STRUCTURAL DESIGN OF COURT FACILITIES AND COURTROOMS When designing new or remodeling old court facilities, consideration should be given to circulation patterns that govern the movement of people to, from, and in the courtroom. Judges, juries, court personnel, and prisoners should have routes to and from the courtroom separate from public routes. Waiting areas should be available to allow separation of parties, victims, and witnesses. Commentary The circulation patterns should separate the prisoners from all other persons. The public should also be separated from the judges, juries, and court personnel. STANDARD 14. SECURITY INCIDENT REPORTING

(A) Reporting of security incidents

(1) Every violation of law that occurs within a court facility should be reported to the law enforcement agency having jurisdiction. To facilitate reporting, all court personnel should familiarize themselves with the law enforcement agency that has jurisdiction within and around their court facility.

(2) Each court should adopt a policy for reporting court security incidents and should include the policy in the court's security policy and procedures manual. If more than one court occupies a court facility, the courts shall collectively adopt a single policy.

(3) A summary of court security incidents should be compiled annually for the court's benefit in evaluating security measures.

(B) Periodic review of security incidents All courts within the court facility should periodically review all court security incidents so the judges and court personnel are aware of recent events. Commentary Although the facility may be a county court facility, in some areas, if the facility is located within the limits of a municipal corporation, the local police may be the law enforcement agency having jurisdiction. A "court security incident" is any infraction outlined within the court's Security Policy and Procedures Manual and includes any and all disruptions made in the confines of the court facility. To measure the effectiveness of court security procedures and to aid in securing necessary funding for court security measures, it is useful to recognize and record court security incidents. A standard incident reporting form should be utilized by court personnel to record each event which compromised the security of the court and/or the safety of the participants in the judicial process. Additionally, each court should do an annual summary of court security incidents for its own benefit in evaluating court security measures using the model incident reporting form. STANDARD 15. COMMUNICATION DEVICES IN THE COURT FACILITY The court security committee, along with other court officials, should consider and formulate a plan that governs the presence and use of communication devices in the courthouse, courtroom, and surrounding courthouse grounds. "Communication device" means any device intended to communicate, disperse, or retrieve information, including cell phones, computers, tablet computers, and cameras. The plan should comply with the requirements of Rule 12 of the Rules of Superintendence for the Courts of Ohio and provide all of the following:

(A) The use of communication devices in the courtroom, as well as the entrance into and departure from the courtroom, should be minimally intrusive so as not to disturb court functions or distract the court proceedings in any manner;

(B) Communication devices should be used and moved into and out of the courtroom safely, so as to protect all persons in the courtroom and not create an impediment to court operations;

(C) Except as provided in paragraphs (D) and (E) of this standard, at no time should the public, jurors, or witnesses be permitted to use communication devices in the courtroom. The plan should explicitly prohibit the public, jurors, and witnesses from using any communication devices while in attendance at trial. "Use" includes texting, audio and video recording, and still photography.

(D) If the court determines there is a need for such use, the court may permit the use of communication devices in the courtroom for scheduling purposes and to obtain or disseminate information. Other uses of communication devices in the courtroom should be at the court's discretion. Communication devices should either be turned off or put in silent mode when not in use.

(E) With the court's prior approval, the news media must be permitted to use communication devices in the courtroom. However, the plan should provide that no audio recording, video, or photograph of any juror, witness, or juvenile defendant should be taken.

(F) Appropriate signage should be posted identifying the procedure for use of communication devices in the courtroom and stating that use of communication devices in the courtroom may be prohibited if it interferes with the administration of justice, poses a threat to safety or security, or compromises the integrity of the proceedings. Commentary The presence of communication devices in the courtroom during court operations should be pre- approved to avoid disruption of court proceedings. The use of communication devices for texting, audio/video recording, and still photography, has been a rather controversial subject resulting in varied responses from the courts. As a result, each court should adopt a Best Practices policy based on local court expectations and the ability to enforce its policy. Failure to comply with established Best Practices may result in a fine, including confiscation, incarceration, or both, for contempt of court. STANDARD 16. INFORMATION TECHNOLOGY OPERATIONS SECURITY With the proliferation of court information technology standards, each court should periodically evaluate and update its security for its information technology systems and operations. Information technology security is a broad and complex arena and this standard is best addressed by having a discussion with the court information technology representative and ensuring that these issues are understood. An adequate information technology security plan should include at least the following components:

(A) Disaster recovery A disaster recovery plan is one of the most important aspects of every information technology security program. A disaster recovery plan, also known as a business continuity plan, can be defined as a set of steps an entity will take to get its business up and running in the event of a disaster.

(B) Physical security Physical security addresses where key information technology equipment, such as servers, core routers and switches, and data storage, is housed and who has access to it. A well-designed server room should have access control restrictions. Only the people who need to be in the server room should have access to it. There should be humidity and temperature control in the room, as well as protection systems for smoke, fire, and water. Since server rooms tend to house critical equipment, backup emergency power, such as an uninterrupted power source or generator, should be considered.

(C) Patch management Patch management involves keeping computer system firmware and software up to date. It is one of the most difficult administrative tasks for information technology professionals. New vulnerabilities are found every day. Keeping all systems up to date on patches and fixes can take much time and effort, but can also provide the greatest benefit in terms of security threats.

(D) Endpoint/antivirus security A comprehensive endpoint antivirus security solution should be used on all network attached computers to prevent malware infections on user devices. Antivirus software must frequently be updated in order to protect against the ever-growing list of threats. A good antivirus product will be one that can be automatically updated on a daily basis with new threat detection files.

(E) Access control security Access control involves managing who has access to different resources. The principle of least privilege for users, groups, and applications should be used. This principle involves restricting access for users, groups, and applications to only those required to perform the job.

(F) Authentication and authorization Authentication is the use of security methods and processes such as identification and passwords to verify the identity of a user. Authorization is the process of checking whether a person, an information technology component, or an application is authorized to perform a specific action.

(G) Network security Network security can involve a wide range of tools and methods to help secure the information technology systems. At a minimum, the information technology security plan should include both of the following components:

(1) A firewall, which is a system or set of systems that control access between the internal network and some other external network, such as the internet. A firewall is a gateway to the network that controls access. Firewalls provide the first line of defense for network security infrastructure. The firewall protection methods may include access control lists, blacklists, VPN's, proxy/NAT, etc.

(2) Access control lists on network routers and switches. An access control list is an ordered set of rules that is used on routers and switches to filter traffic. Access control lists are used to protect networks and specific hosts from unnecessary or unwanted traffic. For example, access control lists can be used to disallow internet traffic from a high-security network to the internet.

(H) Email security and protection Email security appliances and software, such as spam filters, should be used to protect against phishing and virus emails and to keep unwanted email from entering your users' inboxes and junk folders. Users also should be taught how to identify junk mail even if it's from a trusted source.

(I) Data Security, protection, and backup Data security refers to the protection of data's confidentiality, availability, and integrity. "Data protection" refers to the protection of personal data against misuse by third parties. "Data backup" refers to the copying of existing data to prevent its loss. APPENDIX D COURT FACILITY STANDARDS Court Facility Standards These standards apply to all courts of record in Ohio except as otherwise indicated. The standards represent the minimum requirements to ensure the efficient and effective administration of justice and are intended to complement federal, state, and local laws, regulations, and standards pertaining to building construction, safety, security, and access.

(A) General considerations. In order to maintain suitable judicial atmosphere and properly serve the public, clean, well-lighted, adequately heated and air-conditioned court facilities shall be provided and maintained.

(B) Location. The facilities should be located in a courthouse or county or municipal building. The location within the building should be separate from the location of non-judicial governmental agencies. Court facilities should be located in a building that is dignified and properly maintained.

(C) Courtroom. Every trial judge should have a separate courtroom. The courtroom should have adequate seating capacity so that litigants and others are not required to stand or wait in hallways and areas adjacent to the courtroom. All participants must be able to hear and to be heard. If the room acoustics are not satisfactory, an efficient public address system shall be provided. Every courtroom should have an elevated bench. Adequate shelving should be provided adjacent to the bench for legal reference materials. United States and Ohio flags should flank the bench. The witness chair should be near the bench, slightly elevated, and situated in an appropriate enclosure. Desks, tables, and chairs should be provided for all court personnel regularly present in the courtroom. Tables and chairs should be provided for parties and counsel. Tables shall be situated to enable all participants to hear and to allow private interchanges between litigants and counsel. Each trial courtroom should be equipped with a jury box, suitable for seating jurors and alternates sufficient to meet the demands of the court. The jury box should be situated so that jurors may observe the demeanor of witnesses and hear all proceedings. A blackboard and other necessary demonstrative aids should be readily available. Unnecessary material or equipment should not be kept in the courtroom. Each judge should have private chambers convenient to the courtroom. Access from chambers to the courtroom should be private. Chambers should be decorated and equipped in appropriate fashion.

(D) Library. Each court shall be provided an adequate law library comprised of those materials, including electronic media, considered necessary by the court.

(E) Magistrate. Magistrates should have courtroom and office facilities similar to those of a judge.

(F) Juror and witness facilities. Each trial courtroom shall have a soundproof jury deliberation room located in a quiet area as near the courtroom as possible. Access from the jury deliberation room to the courtroom should be private. Private personal convenience facilities should be available for the jurors. An adequate waiting room must be provided for jurors. Reading material of general interest, television, and telephones should be provided. A waiting room comparable to the jurors' waiting room should be provided for witnesses.

(G) Consultation room. A room should be provided for use of attorneys.

(H) Violations Bureaus and pay-in windows. Facilities for violations bureaus and pay-in windows should be located near public parking areas.

(I) Court staff and court-related personnel facilities. Adequate space and equipment shall be provided for court personnel to prepare, maintain, and store necessary court records. Space and equipment should be utilized to ensure efficiency, security, and confidentiality. Adequate restroom facilities separate from public restroom facilities should be provided for all court personnel.

(J) Public convenience facilities. Clean, modern restroom facilities should be available in the vicinity of the public areas of the court. Public telephones should be available and afford privacy. APPENDIX E FACSIMILE FILING STANDARDS These Facsimile Filing Standards are adopted November 3, 2003 pursuant to Superintendence Rule 27, effective May 1, 2004. FACSIMILE FILING STANDARDS FOR OHIO COURTS These Facsimile Filing Standards are adopted November 3, 2003 pursuant to Superintendence Rule 27, effective May 1, 2004. Table of Contents 1.00 Definitions 1.01 Facsimile Transmission 1.02 Facsimile Machine 1.03 Fax 1.04 Source document 1.05 Effective original document 1.06 Effective date and time of filing 2.00 Applicability of local rules 2.01 Effect of local rules 2.02 Cover page 3.00 Place of Filing 3.01 Specifications for placement of facsimile machine 4.00 Time of Filing 4.01 Date and time imprinted by receiving facsimile machine 4.02 Facsimile machine operable 24/7 4.03 Queuing of documents 4.04 Acknowledgment of receipt 5.00 Filing of originals 5.01 Effective original document 5.02 Signatures 5.03 Exhibits 6.00 Filing fees 6.01 Acceptance by Clerk of Court 7.00 Effective Date of Local Rules 7.01 Approval of local rules 8.00 Time to Compliance 1.00 Definitions 1.01 " Facsimile transmission " means the transmission of a source document by a facsimile machine that encodes a document into signals, transmits, and reconstructs the signals to print a duplicate of the source document at the receiving end. 1.02 " Facsimile machine " means a machine that can send and receive a facsimile transmission either as a stand alone device or as part of a computer system. [Commentary: E-MAILING OF FILING IS NOT CONSIDERED PART OF FAX FILING. IT WILL BE ADDRESSED IN ELECTRONIC FILING STANDARDS.] 1.03 " Fax " is an abbreviation for "facsimile" and refers, as indicated by the context, to facsimile transmission or to a document so transmitted. 1.04 " Source document " means the document transmitted to the court by facsimile machine/system. 1.05 " Effective original document " means the facsimile copy of the source document received by the Clerk of Court and maintained as the original document in the court's file. 1.06 " Effective date and time of filing " means the date and time that a facsimile filing is accepted by the Clerk of court for filing. 2.00 Applicability of local rules. 2.01 All local rules of court adopted to permit filing of facsimile documents will be deemed to permit filing of all pleadings, motions, exhibits and other documents that may be filed with the Clerk of Courts. The local rules must specify any exceptions to this permission. [Commentary: There is not a mandate that requires a court to accept filings by FAX. Only those Courts, that choose to accept faxes, need to create local rules that meet the minimum standards set. We also created a "model rule" for those courts that are looking for more guidance. Clerks who serve in more than one location should specify all exceptions to fax filing.] 2.02 All local rules of court for facsimile filing SHALL place a requirement that the filer provide a cover page containing the following:

(I) the caption of the case;

(II) the case number;

(III) the assigned judge;

(IV) a description of the document being filed;

(V) the date of transmission;

(VI) the transmitting fax number; and

(VII) an indication of the number of pages included in the transmission, including the cover page. If a document is sent by fax to the Clerk of Court without the cover page information listed above, it may be deposited in the case jacket but need not be entered into the Case Docket and may be considered to be a nullity and thereby stricken from the record. 3.00 Place of filing 3.01 All local rules of court must specify the telephone number of the facsimile machine receiving transmission. The facsimile machine must have a dedicated telephone line and must be available to receive facsimile transmissions on the basis of 24 hours per day 7 days per week. 4.00 Time of filing 4.01 All local rules of court must specify that the date and time of receipt of any document is the date and time imprinted on the document by the facsimile machine receiving the transmission. 4.02 All local rules of court must permit receipt of facsimile transmissions on the basis of 24 hours per day 7 days per week. 4.03 All local rules of court may specify the effective date and time of filing for all documents received outside of the normal business hours of the office of the Clerk of Court and queue them in order of their receipt as documented by the date and time imprinted by the receiving facsimile machine. 4.04 The Clerk of Court may but need not acknowledge receipt of a facsimile transmission. [Commentary: It was the intention of the committee that if for any reason the fax is not received, the burden of validating or confirming the receipt of the complete fax transmission is on the sending party. Most Fax machines are equipped with the capacity to report back to the sending party, a validation of transmission or a "failed transmission" report.] 5.00 Filing of originals 5.01 All local rules of court must provide that documents filed by facsimile are accepted as the effective original document in the court file. The source document need not be filed. However, the sending party must maintain possession of the source document and make them available for inspection by the court upon request. [Commentary: The Standards Subcommittee recommends that local rules address the issue of retention of the source document until opportunities for the post judgment relief are exhausted.] 5.02 Documents shall be filed with a signature or notation "/s/" followed by the name of the person signing the source document. The person transmitting the document represents that the signed source document is in his/her possession. 5.03 A local rule of court may limit the number of pages that it will accept by facsimile transmission. If the document to be transmitted exceeds the page limit established by local rule, the original must be filed. All local rules of court may permit exhibits that cannot be transmitted accurately or are lengthy to be replaced by an insert page describing the exhibit. The local rules may provide that the original of such an exhibit may be filed within a specified time subsequent to the facsimile filing. 5.04 A local rule may be adopted that is not inconsistent with any standard regarding the filing of an original source document. [Commentary : The local rule should address and define what it felt was reasonable page limit.

A filing that exceeds the page limit detailed in the local rule would either require filing through other allowable channels. or as is the case with Exhibits in section 6.01 of the Model rule; if the filing has exhibit(s) that cause it to exceed the page limit, then, in the fax filing the exhibit (or other lengthy document), would be "replaced by an insert page describing the exhibit and why it is missing. Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile document. Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit." This allows the local court to facilitate filing by allowing faxes without placing an unusual burden on the clerk's office. ] 6.00 Filing Fees 6.01 All local rules of court must specify the effective methods of paying fees and costs for any pleading or other document requiring such a fees or costs. The local rules may provide that the Clerk of Court does not have to accept a facsimile transmission filing unless the acceptable method of payment has been paid or arranged to be paid. Local rules of court may not require premium fee schedules for facsimile filings. [Commentary : In terms of costs associated with acceptance of fax filings, some clerks have expressed concern over related costs. In the case of FAX filing, the only substantive difference between a single original coming in over the counter and one coming in via FAX is the presentation. Section 6 specifically prohibits the charging of fees above and beyond the $3.00/$10.00 fee allowed for court technology, for accepting a FAX filing. However, if it's customary for a clerk's office to charge for copies (including service copies) or additional charges for administrative costs, mailing /postage costs, etc. ... then those fees would still apply regardless of how the original filing came in. Those additional fees would most likely fall under a separate local rule regarding fees that your court would already have in place. ] 7.00 Effective Date of Local Rules 7.01 All local rules of court will become effective upon approval by the Supreme Court Committee on Technology and the Courts. 8.00 Time to Compliance 8.01 Courts which choose to offer facsimile filing shall submit local rules for approval by the Supreme Court of Ohio. Courts offering facsimile filing at the time this standard is adopted shall submit their local rule for approval within six months of the adoption of this standard. APPENDIX Model Facsimile Filing Rule for Ohio Courts The Model Facsimile Rule for Ohio Courts is included for illustration. This form is expressly declared as sufficient to meet the requirements of the Facsimile Filing Standards for Ohio Courts. Departures from this form shall not void a local rule that is otherwise sufficient to meet the requirements of the aforesaid Facsimile Filing Standards for Ohio Courts. STANDARDS SUBCOMMITTEE OF THE SUPREME COURT ADVISORY COMMITTEE ON TECHNOLOGY AND THE COURTS MODEL FACSIMILE FILING RULE FOR OHIO COURTS The provisions of this local rule are adopted under [ Civ.R. 5(E)] [Civ.R. 73(J)] [Crim.R.12(B)] [Juv.R. 8] [App.R. 13(A)]. Pleadings and other papers may be filed with the Clerk of Courts by facsimile transmission to [area code and number of receiving machine] subject to the following conditions: APPLICABILITY 1.01 These rules apply to [civil], [criminal], [small claims], [probate], [juvenile], [appellate] and [domestic relations], proceedings in the [name of court]. 1.02 These rules do not apply to [civil], [criminal], [small claims], [probate], [juvenile], [appellate] and [domestic relations], proceedings. In these proceedings no facsimile transmission of documents will be accepted. 1.03 The following documents will not be accepted for fax filing: [original wills and codicils] [cognovit promissory notes], [insert other examples] ORIGINAL FILING 2.01 A document filed by fax shall be accepted as the effective original filing. The person making a fax filing need not file any source document with the Clerk of Court but must, however, maintain in his or her records and have available for production on request by the court the source document filed by fax, with original signatures as otherwise required under the applicable rules, together with the source copy of the facsimile cover sheet used for the subject filing. 2.02 The source document filed by fax shall be maintained by the person making the filing until the case is closed and all opportunities for post judgment relief are exhausted. DEFINITIONS As used in these rules, unless the context requires otherwise: 3.01 A "facsimile transmission" means the transmission of a source document by a facsimile machine that encodes a document into optical or electrical signals, transmits and reconstructs the signals to print a duplicate of the source document at the receiving end. 3.02 A "facsimile machine" means a machine that can send and receive a facsimile transmission. 3.03 "Fax" is an abbreviation for "facsimile" and refers, as indicated by the context, to facsimile transmission or to a document so transmitted. COVER PAGE 4.01 The person filing a document by fax shall also provide therewith a cover page containing the following information: [See appendix for sample cover page form.]

(I) the name of the court;

(II) the title of the case;

(III) the case number;

(IV) the assigned judge;

(V) the title of the document being filed (e.g. Defendant Jones' Answer to Amended Complaint; Plaintiff Smith's Response to Defendants' Motion to Dismiss; Plaintiff Smith's Notice of Filing Exhibit "G" to Plaintiff Smith's Response to Defendants' Motion to Dismiss) ;

(VI) the date of transmission;

(VII) the transmitting fax number;

(VIII) an indication of the number of pages included in the transmission, including the cover page;

(IX) if a judge or case number has not been assigned, state that fact on the cover page;

(X) the name, address, telephone number, fax number, Supreme Court registration number, if applicable, and e-mail address of the person filing the fax document if available; and

(XI) if applicable, a statement explaining how costs are being submitted. 4.02 If a document is sent by fax to the Clerk of Court without the cover page information listed above, the Clerk may, at its discretion:

(I) enter the document in the Case Docket and file the document; or

(II) deposit the document in a file of failed faxed documents with a notation of the reason for the failure; in this instance, the document shall not be considered filed with the Clerk of Courts. 4.03 The Clerk of Court is not required to send any form of notice to the sending party of a failed fax filing. However, if practicable, the Clerk of Court may inform the sending party of a failed fax filing. SIGNATURE 5.01 A party who wishes to file a signed source document by fax shall either:

(I) fax a copy of the signed source document; or

(II) fax a copy of the document without the signature but with the notation "/s/" followed by the name of the signing person where the signature appears in the signed source document. 5.02 A party who files a signed document by fax represents that the physically signed source document is in his/her possession or control. [ Commentary: 5.01 (II) addresses those instances where the fax transmission is generated by the sending party's computer and therefore the document is not printed and capable of being signed prior to transmission.] EXHIBITS 6.01 Each exhibit to a facsimile produced document that cannot be accurately transmitted via facsimile transmission for any reason must be replaced by an insert page describing the exhibit and why it is missing. Unless the court otherwise orders, the missing exhibit shall be filed with the court, as a separate document, not later than five (5) court days following the filing of the facsimile document. Failure to file the missing exhibits as required by this paragraph may result in the court striking the document and/or exhibit. 6.02 Any exhibit filed in this manner shall be attached to a cover sheet containing the caption of the case which sets forth the name of the court, title of the case, the case number, name of the judge and the title of the exhibit being filed (e.g., Plaintiff Smith's Notice of Filing Exhibit "G" to Plaintiff Smith's Response to Defendants' Motion to Dismiss), and shall be signed and served in conformance with the rules governing the signing and service of pleadings in this court. [See appendix for sample exhibit cover sheet.] TIME OF FILING (OPTION I) 7.01 Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the fax transmission was received by the Clerk of Court. The office of the Clerk of Court will be deemed open to receive facsimile transmission of documents on the basis of 24 hours per day seven days per week including holidays. Each page of any document received by the Clerk will be automatically imprinted with the date and time of receipt. The date and time imprinted on the document will determine the time of filing, provided the document is deemed accepted by the Clerk. (OPTION II) 7.01 Subject to the provisions of these rules, all documents sent by fax and accepted by the Clerk shall be considered filed with the Clerk of Courts as of the date and time the Clerk time-stamps the document received, as opposed to the date and time of the fax transmission. The office of the Clerk of Court will be deemed open to receive facsimile transmission of documents on the same days and at the same time the court is regularly open for business. 7.02 Fax filings may NOT be sent directly to the court for filing but may only be transmitted directly through the facsimile equipment operated by the Clerk of Courts. 7.03 The Clerk of Court may, but need not, acknowledge receipt of a facsimile transmission. 7.04 The risks of transmitting a document by fax to the Clerk of Courts shall be borne entirely by the sending party. Anyone using facsimile filing is urged to verify receipt of such filing by the Clerk of Court through whatever technological means are available. FEES AND COSTS 8.01 No document filed by facsimile that requires a filing fee shall be accepted by the Clerk for filing until court cost and fees have been paid. Court cost and fees may be paid by credit or debit cards or through an escrow account established with the Clerk. The forms necessary for the authorization of payment by credit card or escrow account shall be available at the Clerk's office during normal business hours [and are accessible on-line at ]. Documents tendered to the Clerk without payment of court cost and fees, or with incomplete information on the charge authorization or request, or which do not conform to applicable rules will not be filed. [See appendix for sample credit card payment form.] [ Commentary: Information furnished for authorization of payment by credit/debit card shall not be part of the case file.] 8.02 No additional fee shall be assessed for facsimile filings. LENGTH OF DOCUMENT 9.01 Facsimile filings shall not exceed _________ pages in length. The filer shall not transmit service copies by facsimile. [Commentary: The local rule should address and define what it felt to be a reasonable page limit. The subcommittee also recommends that service copies not be sent by fax. However, this is optional, and at the discretion of the local court.] EFFECTIVE DATE 10.01 These local rules shall be effective [insert date], and shall govern all proceedings in actions brought after they take effect and also further proceedings in pending actions, except to the extent that, in the opinion of the court, their application in a particular action pending on the effective date would not be feasible or would work an injustice, in which event, the former procedure applies. [Commentary: Facsimile filing standards in the model rule contemplate the facsimile transmission of documents to a court by electronic means. The court receiving the facsimile transmission will maintain its equipment to reconstruct a paper copy version of the source document to serve as the original document. These standards should be differentiated from other types of electronic filing, for which other standards will apply.] APPENDIX 1. Sample Facsimile Filing Cover Page 2. Sample Exhibit Cover Page 3. Sample Credit Card Payment Form FACSIMILE FILING COVER PAGE RECIPIENT INFORMATION: NAME OF COURT: ______________________________________________________ FAX NUMBER: ______________________________________________________ SENDING PARTY INFORMATION: NAME: ____________________________________________________________ SUPREME COURT REGISTRATION NO. (if applicable): ____________________________________ OFFICE/FIRM: ______________________________________________________ ADDRESS: ____________________________________________________________ TELEPHONE NO. ______________________________________________________ FAX NUMBER: ______________________________________________________ E-MAIL ADDRESS (if available): __________________________________________ CASE INFORMATION: TITLE OF THE CASE: ________________________________________________ CASE NUMBER * : ______________________________________________________ TITLE OF THE DOCUMENT: __________________________________________ ________________________________________________________________________ JUDGE * : ____________________________________________________________ FILING INFORMATION: DATE OF FAX TRANSMISSION: _________________________________________ NUMBER OF PAGES (including this page): ______________________________ STATEMENT EXPLAINING HOW COSTS ARE BEING SUBMITTED, IF APPLICABLE:___________________________________________________________ _______________________________________________________________________ * If a judge or case number has not been assigned, please state that fact in the space provided. IN THE COURT OF COMMON PLEAS _____________ COUNTY, OHIO JOHN SMITH, Plaintiff, v. Case No.: 1234567 BILL JONES, Defendant. Judge __________________ (in the alternative a notation here that the case is not yet assigned) ________________________________________________________________________ PLAINTIFF SMITH'S NOTICE OF FILING EXHIBIT "G" TO PLAINTIFF SMITH'S RESPONSE TO DEFENDANT'S MOTION TO DISMISS ________________________________________________________________________ Plaintiff Smith, through counsel, hereby files Exhibit "G" to Plaintiff Smith's Response to Defendant's Motion to Dismiss. The referenced pleading was filed by facsimile transmission with the Court on [date]. Exhibit "G" could not be accurately transmitted by fax and is therefore being timely filed as a separate document with the Court pursuant to Local Rule XX.X. Respectfully Submitted, _____________________________ Attorney Name (Sup. Crt. Reg. No.) Office/Firm Address Telephone Facsimile E-mail Counsel for Plaintiff John Smith CERTIFICATE OF SERVICE I certify that a copy of this Notice of Filing Exhibit "G" was sent by ordinary U.S. mail on [date] to counsel for defendant Bill Jones, [name and address of recipient]. ______________________________ Attorney Name Counsel for Plaintiff John Smith CREDIT / DEBIT CARD AUTHORIZATION FORM To: Clerk, _________________ County Common Pleas Court ______________ Division Fax No:_________________________________________________________________ Regarding (if applicable): Case Name:______________________________________________________________ Case Number:____________________________________________________________ Dear Clerk's Office Representative: Please charge my credit / debit card in the amount of $________________ in payment of fees for the following court costs/service(s): [Identify document to be filed or other service to be performed by the Clerk's Office for which a fee is assessed.] _______ ________________________________________________________________________ Circle One: MasterCard Visa Credit / Debit Card Number: ________________________________________________ Expiration Date: ________________________________________________ Name of Cardholder: ________________________________________________ Billing Address: ________________________________________________ ________________________________________________ Telephone No.: ________________________________________________ Fax No.: ________________________________________________ Cardholder Signature: ________________________________________________ Date: ________________________________________________ Name & Telephone No. of Person Submitting This form: _________________________ APPENDIX F Appendix F is reserved for future use APPENDIX G STANDARDS FOR THE USE OF VIDEO REMOTE INTERPRETATION Overview. These standards are established to guide Ohio courts appointing foreign language and sign language interpreters who participate through video remote interpretation pursuant to Sup.R. 88(G) and 89. These standards set forth the minimum requirements and recommendations. The guiding principle for these standards is to ensure due process is preserved when using video remote interpretation.

A limited English, deaf, or hard-of-hearing individual shall be able to fully participate and be afforded meaningful access, including the ability to access complete and accurate information, confer with counsel, and exercise all rights as if the individual were present in person. The best way to ensure the rights of these individuals are protected is to have the deaf or hard-of-hearing individual and the court interpreter present on-site where the proceeding takes place. However, due to public health orders, natural disasters, or scarcity of resources, courts may find it necessary to use technology. These standards aim to identify critical infrastructure for video remote interpretation. Technological specifications remain general to allow local courts to work within their technological capacity and to guide considerations to establish a functional and effective set up. Standard 1. Video Remote Interpretation Technological Requirements and Recommendations.

(A) General requirements A court shall have equipment, hardware, software, and connectivity that allows for the delivery of video remote interpretation without any issues with cameras, devices, audio, pixilation, platform, links, buffering, and internet connection. A Wi-Fi connection transmits data via wireless signals, while an Ethernet connection transmits data via cable. As such, Wi-Fi connection may not be accessible or stable in some places within the courthouse. Freezing and pixilation may be more frequent. Unless it is password protected, Wi-Fi may also not be as secure as a wired connection.

(B) Device screen The device screen shall be of sufficient size to distinguish signs, fingerspelling, facial gestures, and capture sign language communication effectively and comply with the needs of visually impaired individuals.

(C) Video camera The video camera shall have sharp high-definition resolution, to ensure clear viewing of images.

(D) Endpoint bandwidth For the purposes of these guidelines each user terminal shall support at least 768k video calling.

(E) Computer

(1) The computer shall meet or exceed the following specifications:

(a) Processor speed of 2 GHz;

(b) 3 GB of physical RAM;

(c) 300 GB of hard-drive memory with at least 5 GB of free hard-drive memory;

(d) A dedicated video card;

(e) USB 2.0.

(2) The computer shall be dedicated to video remote interpretation during an interpreting event if operating a software endpoint.

(F) Quality of Service Equipment shall have a connection to a wide-area-network circuit with quality-of-service settings that consider the potential number of concurrent video calls over the wide-area- network and the quality settings for each video call. In addition to the bandwidth reserved by quality-of-service settings, an adequate amount of bandwidth shall be available to support other operations, such as email and web traffic.

(G) Encryption Each device or user terminal, regardless of type, such as room-based all-inclusive unit or software/computer-based, shall support encrypted transmissions, preferably using 256-bit Advanced Encryption Standard.

(H) Firewall opening Equipment shall have the capability to safely traverse court firewalls without compromising security. Standard 2. Video Remote Interpretation Placement Logistics.

(A) Visibility All participants, interpreters, parties, judicial officers, court personnel, and attorneys shall be completely and clearly visible on the screen.

(B) Virtual backgrounds Sign language interpreters and deaf or hard-of-hearing individuals and witnesses shall not use virtual backgrounds. Movement on the video disrupts the stability of the virtual background and may cause the sign language to be unclear.

(C) Video feeds

(1) A total of nine visible video feeds on the screen is recommended. However, no more than nine visible video feeds should be on the screen, as the visible video feed of the sign language interpreter and the deaf or hard-of-hearing individual are reduced in size, making visibility of small hand and face movement difficult. If more than twelve visible video feeds are necessary, technology shall be used to allow the visible video feed of the sign language interpreter and the deaf or hard-of-hearing individual to remain in a stable location on the screen or to be larger than other participants.

(2) Participants may not turn their video feed off and on once the proceeding has begun. Doing so may cause movement of individual visible video feed locations on the screen and disrupt the ability to seamlessly view the foreign language interpreter, the limited English proficient person, sign language interpreter, or deaf or hard-of-hearing individual. If it is critical that a video feed be turned off and on during the proceeding, technology should be used to allow the visible video feed of the limited English speaker, foreign language interpreter, sign language interpreter, and the deaf or hard-of-hearing individual to remain in a stable location on the screen or to be larger than other participants.

(3) Participants on the device screen shall be visible from approximately the waist to the top of the head to allow the deaf or hard-of-hearing individual to read participants' facial expressions and body language.

(D) Video screens

(1) Video screens used in the courtroom should be mobile to accommodate a variety of remote interpreting configurations.

(2) When a sign language interpreter is remote and the individual, the judicial officer, court personnel, and attorneys are in the courtroom, the video screen should be placed so the deaf or hard-of-hearing individual can see both the interpreter and the judge in the same line of sight.

(3) Beware of using small tablets or phones with small screens that may not be adequate for sign language interpreting.

(E) Video camera placement

(1) Video camera placement in the courtroom shall allow for complete and clear visibility of a sign language interpreter and deaf or hard-of-hearing individual in a variety of remote interpreting configurations. Video cameras should be independent of the video screen and stationary during the proceeding.

(2) When a sign language interpreter is remote and the deaf or hard-of-hearing individual, the judicial officer, court personnel, and attorneys are in the courtroom, the video camera should be located so the deaf or hard-of-hearing individual is framed to be visible from approximately the waist to the top of the head.

(3) When a sign language interpreter and the deaf or hard-of-hearing individual are remote and the judicial officer, court personnel, and attorneys are in the courtroom, the video camera should be located so the interpreter and the deaf or hard-of-hearing individual can see the various parties in the courtroom.

(4) When the deaf or hard-of-hearing individual is remote and the judicial officer, court personnel, and attorneys are in the courtroom, the video camera in the external location should be located so the deaf or hard-of-hearing individual is clearly and completely visible to the sign language interpreter. The video camera in the courtroom should be placed so the sign language interpreter, as well as those in the courtroom who will be speaking primarily, are clearly and completely visible to the deaf or hard-of-hearing individual.

(F) Audio

(1) Audio shall allow for all to clearly hear what is being said by the interpreter, the judicial officer, court personnel, and attorney throughout the courtroom.

(2) When any participant is remote while others are in the courtroom, sound from the video screen should be amplified in some manner. Additionally, sound from the courtroom should be amplified in some manner so as to be audible to the interpreter, regardless of where the deaf or hard-of-hearing individual is in the courtroom.

(3) When all participants are remote, participants who will be using spoken language to communicate may use a microphone that is independent of the built-in microphone on the computer. Commentary Ideally, the screen will be placed so that the interpreter is also able to see everyone in the courtroom, save the judge. In this way, identification of who is speaking is more readily accomplished than by relying on the ability to discriminate between disembodied voices. This may require a larger screen than the minimum recommendation in this standard. Polycom and other such platforms have video cameras that may be adjustable enough despite being somewhat stationary. Ideally, multiple video cameras would be employed to allow those who are remote to be able to clearly see all who are in the courtroom. As noted in this standard, this increases the effectiveness of the interpretation. Video cameras that are fixed to a ceiling location that record courtroom activity for safety and security purposes are not adequate to allow for effective remote sign language interpretation. Standard 3. When Video Remote Interpretation Services May be Used. A court may use video remote interpretation services in a case or court function or ancillary court service if all of the following apply:

(A) The court meets the minimum technological standards;

(B) The limited English proficient or deaf or hard-of-hearing individual, witness, or juror consents to the use of video remote interpretation services or the court determines the remote interpreting services are necessary for the meaningful participation of the deaf or hard-of-hearing individual, witness, or juror due to constitutional requirements, continuity of operations plan, or emergency health orders compliance;

(C) The court has the necessary video remote interpretation set up to offer services in a manner that is consistent with video, regulatory, and legal requirements;

(D) The matter is simple, routine, and brief, lasting no more than forty-five minutes;

(E) The quality of interpretation will not be compromised. Commentary While it is impossible to list all situations where video remote interpretation might be appropriate, the court may consider the following: initial appearances, arraignments, simple traffic hearings, uncontested name changes, uncontested guardianships, ex parte civil protection orders, and marriages. For ancillary court services, the court may consider the clerk's office, probation, intakes, and so forth. The court may identify any other instances where video remote interpretation may be suitable if the event is simple and routine. Standard 4. When Video Remote Interpretation Should Not be Used. A court may not use video remote interpretation services in a case or court function or ancillary court service if any of the following apply:

(A) A Supreme Court certified, provisionally qualified, registered foreign language or registered sign language interpreter is reasonably available to serve on-site;

(B) The matter can be postponed or delayed;

(C) The quality of interpretation will be compromised;

(D) The case, court function, or ancillary court service is expected to last longer than sixty minutes;

(E) The case, court function, or ancillary court service involves prolonged witness testimony or introduces complex evidence;

(F) The deaf or hard-of-hearing individual is a child, elderly, or an unsophisticated user of interpreter services and technology; has profound communication problems; or is perceived by the court to be mentally disabled or mentally ill;

(G) It is determined that using video remote interpretation would negatively impact access for any reason. Standard 5. Compliance with Applicable Laws, Rules, and Standards. A court using video remote interpretation shall comply with all court rules and federal and state laws, regulations, and standards pertaining to use of court interpretation services. Commentary When appointing a video remote interpreter, the court must comply with Sup.R. 88 and 89, Title II of the Americans with Disabilities Act, and Title VI of the Civil Rights Act of 1964. Even if the interpreters are out of state, the court must ensure compliance with Ohio requirements. Standard 6. Provision of Case and Platform Information to Interpreter. To allow an interpreter to work effectively, efficiently, and accurately, a court shall provide case information to the interpreter, including, but not limited to, the following:

(A) The name of the judge, magistrate, or judicial officer and the courtroom number or designation;

(B) The nature of the charges, type of hearing, case details, or category of event;

(C) Contact information of the person coordinating video remote interpretation, including the name, phone number, email address, and any other information needed to resolve technology or video platform issues;

(D) Information on the number of participants and their names, titles, or roles;

(E) Any documents that may be helpful, discussed, or viewed. Commentary Courts should provide general information about the case at the time of securing the service. If possible, case documents should be provided fifteen to thirty minutes prior to video remote interpretation session. A court may want to limit the number of people on the screen. Ideally, case information and details should be shared well in advance; at least seven days if possible. Standards 7. Video Remote Interpretation Parameters and Protocols. Before proceeding with a case or court function or ancillary court services, a court shall ensure all of the following:

(A) The connection is stable and ready to use;

(B) The speakers and microphone are tested to ensure communication is clear and can be accessible to participants;

(C) Lighting is appropriate and deaf or hard-of-hearing individuals are appropriately visible;

(D) If the deaf or hard-of-hearing individual is represented by counsel, counsel is equipped with a headset so private communication may occur with the deaf or hard-of- hearing individual or the attorney, deaf or hard-of-hearing individual, and interpreter can move to a cyberspace to have confidential and private communication. If the individual is deaf or hard of hearing and uses sign language, the court shall consider providing a private space so that the conversation between the deaf or hard-of-hearing individual and counsel cannot be visible to others.

(E) Participants are in place to commence the video remote event;

(F) The number of individuals on the screen is limited in order not to reduce the image of the interpreter or deaf or hard-of-hearing individual. Standard 8. Accommodating Modes of Interpretation.

(A) General Subject to division (B) of this standard, a court using video remote interpretation should accommodate sight translation, consecutive interpretation, or simultaneous interpretation as is necessary for proper and effective communication among the court, the parties, their representatives, and other applicable individuals.

(B) Sight translation A court should not use sight translation with video remote interpretation unless the interpreter has access to the documents beforehand and ample time to render the document from one language into the other. If sight translation is used with video remote interpretation, the document should be short and routine. Standard 9. Oath. An interpreter participating through video remote interpretation shall take an oath or affirmation that the interpreter knows, understands, and will act according to the "Code of Professional Conduct for Court Interpreters and Translators," as set forth in Appendix H to these rules. Standard 10. Coordination of Video Remote Interpretation Services.

A court using video remote interpretation may designate one individual to arrange and monitor the provision of the service to ensure its continuous and efficient operation. Commentary Having a coordinator arrange and monitor video remote interpretation helps ensure efficient eliminate minor issues that can arise with the use of such technology. Additionally, experience of one individual produces efficiency. Standard 11. Training on the Use of Video Remote Interpretation.

A court using video remote interpretation shall provide training to users of the technology, relevant support staff, and other involved individuals to ensure efficient operation and the integrity in the use of the service. Standard 12. Monitoring Video Remote Interpretation Services.

A court using video remote interpretation shall collect and analyze information regarding the performance of the service on a regular basis to evaluate the quality of the service, its benefits and limitations, and its cost-effectiveness. APPENDIX H CODE OF PROFESSIONAL CONDUCT FOR COURT INTERPRETERS AND TRANSLATORS Preamble. Foreign language interpreters, sign language interpreters, and translators help ensure that individuals enjoy equal access to justice, including case and court functions and court support services. Foreign language interpreters, sign language interpreters, and translators are highly skilled professionals who fulfill an essential role by assisting in the pursuit of justice. They act strictly in the interest of the courts they serve and are impartial officers of those courts, with a duty to enhance the judicial process. Definitions. As used in this code, "provisionally qualified foreign language interpreter," "Supreme Court certified foreign language interpreter," "Supreme Court certified sign language interpreter," "registered foreign language interpreter," "registered sign language interpreter," "telephonic interpretation," "video remote interpretation," and "translator" have the same meanings as in Rule 80 of the Rules of Superintendence for the Courts of Ohio. Applicability. This code applies to Supreme Court certified foreign language interpreters, provisionally qualified foreign language interpreters, Supreme Court certified sign language interpreters, registered foreign language interpreters, registered sign language interpreters, telephonic interpreters, video remote interpreters, and translators. This code shall bind all agencies and organizations that administer, supervise, use, or deliver interpreting or translating services in connection with any case or court function.

A court may use this code to assist it in determining the qualifications of any individual providing services as an interpreter under Rule 702 of the Rules of Evidence. Canon 1. High Standards of Conduct. Interpreters and translators shall conduct themselves in a manner consistent with the dignity of the court and shall be as unobtrusive as possible, consistent with the ends of justice. Commentary Interpreters and translators should maintain high standards of conduct at all times to promote public confidence in the administration of justice, including compliance with all state and federal laws and regulations and court rules and policies. Canon 2. Accuracy and Completeness. Interpreters and translators shall render a complete and accurate interpretation or translation without altering, omitting, or adding anything to what is spoken or written, and shall do so without explaining the statements of the original speaker or writer. Commentary In order to preserve the record of the court and assist in the administration of justice, interpreters should completely and accurately interpret the exact meaning of what is said or written without embellishing, explaining, omitting, adding, altering, or summarizing anything. This includes maintaining accuracy of style or register of speech, as well as not distorting the meaning of the source language, even if it appears obscene, incoherent, non-responsive, or a misstatement. Interpreters and translators have a duty to inform the court of any error, misinterpretation, or mistranslation so that the record may be promptly corrected. The terms "accurately," "completely," and "exact" do not signify a word-for-word or literal interpretation, but rather mean to convey the exact meaning of the discourse of the speaker or writer. Canon 3. Impartiality and Avoidance of Conflicts of Interest. Interpreters and translators shall be impartial and unbiased. Interpreters and translators shall refrain from conduct that may give the appearance of bias and shall disclose any real or perceived conflict of interest. Commentary Interpreters and translators must disclose to the court any prior involvement with a case or court function, parties, or witnesses that creates or could be viewed as creating a conflict of interest, provided such disclosure must not include anything that is privileged or confidential. The court must then determine whether the interpreter or translator may continue on the case or court function. Counsel for either party may petition the court for appointment of a different interpreter or translator on the basis of a conflict of interest and the court must determine on the record whether to release the interpreter or translator from the case or court function. Canon 4. Confidentiality. Interpreters and translators shall protect from unauthorized disclosure all privileged or other confidential communications, documents, or information they hear or obtain while acting in a professional capacity. Commentary Interpreters and translators must maintain confidentiality with respect to any communication, document, information, or other type of confidential matter, including police and medical records and attorney-client privileged communications protected under section 2317.02 of the Revised Code. Interpreters and translators must not derive, either directly or indirectly, any profit or advantage from any confidential communication, document, or information acquired while acting in a professional capacity. Canon 5. Representation of Qualifications. Interpreters and translators shall accurately and completely represent their credentials, certifications, training, references, and pertinent experience. Commentary Interpreters and translators have a duty to present accurately and completely any applicable credentials, certifications, training, references, and pertinent experience, consistent with Canon 6 of this code. It is essential that interpreters and translators present a complete and truthful account of their qualifications before appointment to allow the court to fairly evaluate their qualifications for delivering interpreting or translating services. Canon 6. Proficiency. Interpreters and translators shall provide professional services only in matters in which they can proficiently perform. Commentary By accepting an assignment, interpreters and translators understanding of terminology to interpret or translate accurately and effectively in the given setting, are fluent in the required languages, and have the ability to understand regional differences and dialects. Interpreters have a duty to request from the court and the parties all pertinent information and materials necessary to prepare for the case or court function. Interpreters and translators should strive continually to improve language skills and knowledge of specialized vocabulary and familiarize themselves with the judicial system and any applicable court rules. Interpreters and translators are responsible for having the proper dictionaries and other reference available when needed. Canon 7. Assessing and Reporting Impediments to Performance. Interpreters and translators shall at all times assess their ability to perform effectively and accurately. If an interpreter or translator discovers anything impeding full compliance with the oath or affirmation of the interpreter or translator and this code, the interpreter or translator shall immediately report this information to the court. Interpreters and translators shall not accept assignments they cannot fulfill. Interpreters and translators shall further refrain from recommending other interpreters or translators who are unqualified. Commentary Interpreters and translators must immediately inform the court of any condition interfering with their ability to provide accurate and complete interpretation or translation. This may include excessively rapid, quiet, or indistinct speech, physical interference such as inability to see exhibits, noise in their surroundings, or any other interfering factor. Interpreters and translators must inform the court if they are having difficulties obtaining pertinent information or materials required to prepare for a case or court function that may impede their ability to perform adequately. If at the time of a hearing or trial the interpreter or translator has not been provided with necessary information or materials, the interpreter or translator must inform the court on the record and request a recess to review such information or materials. Interpreters and translators should withdraw from an assignment if they are unable to understand or satisfactorily communicate with the non-English speaking, limited English proficient, deaf, deaf-blind, or hard-of-hearing party, witness, or juror, or if they lack required skills, preparation, or terminology to perform effectively in the case or court function for which they have been summoned. If, after accepting an assignment, an interpreter or translator is unable to fulfil the same, the interpreter or translator shall notify the court. Interpreters or translators shall not transfer their assignments. Interpreters who knowingly recommend unqualified interpreters may be subject to disciplinary action pursuant to Sup.R. 83. Canon 8. Duty to Report Ethical Violations. Interpreters and translators shall report to the court any efforts to impede their compliance with any law, this code, or other official policy governing interpreting or translating. Interpreters and translators shall promptly report to the appropriate legal or disciplinary authority if they observe another interpreter or translator improperly performing an assignment; accepting remuneration apart from authorized fees; disclosing privileged or confidential communications, documents, or information; or otherwise committing a breach of this code. Commentary Interpreters and translators must report to the court any ethical violation, action, or information that refers to the persistence of a party demanding that an interpreter or translator violate this code, subject to any applicable privilege. Canon 9. Scope of Practice. Interpreters and translators shall not give legal advice, communicate their conclusions with respect to any answer, express personal opinions to individuals for whom they are interpreting or translating, or engage in any other activity that may be construed to constitute a service other than interpreting or translating while serving as an interpreter. Commentary Since interpreters and translators are only responsible for enabling others to communicate, they should exclusively limit themselves to the activity of interpreting and translating. Interpreters and translators should refrain from initiating communications while interpreting or translating or at all times except as set out below. Interpreters may be required to initiate communications during a case or court function when they find it necessary to seek assistance in performing their duties. Examples of such circumstances include seeking direction when unable to understand or express a word or thought, requesting speakers to moderate their rate of communication or repeat or rephrase something, correcting their own interpreting errors, or notifying the court of reservations about their ability to satisfy an assignment competently. In such instances the interpreter should refer to him or herself in the third person, making it clear and on the record that the interpreter is speaking for him or herself. At no time may an interpreter give advice. An interpreter should not explain the purpose of forms, services, or otherwise act as counselor or advisor. The interpreter may sight translate language on a form, but may not provide independent legal advice as to the purpose of the form or instruct the litigant as to the proper manner of completing the form. Interpreters and translators should not personally serve to perform acts that are the official responsibility of other court officials including, but not limited to, court clerks, pretrial release investigators or interviewers, or probation officers, except as required by and in the presence of such officials. Canon 10. Restrictions from Public Comment. Consistent with Canon 4 of this code, interpreters and translators shall not publicly discuss, report, or offer an opinion concerning a matter in which they are or have been engaged, even when that information is not privileged or required by law to be confidential. Commentary Interpreters and translators must refrain from making public comments or giving opinions or reports concerning any particulars of a case or court function in which they are or have provided professional services, regardless whether the information is privileged or confidential. This restriction does not apply to general public comments or reports concerning the interpreting or translating professions. APPENDIX I SPECIALIZED DOCKET STANDARDS Overview. The following standards are established to guide courts of common pleas, municipal courts, and county courts and divisions of these courts in the planning and implementation of all specialized dockets. The standards set forth minimum requirements and recommendations for the certification and operation of all specialized dockets. The Specialized Dockets Section of the Supreme Court will provide written guidance for compliance with the specialized docket standards as they apply to all dockets generally and as they should be implemented by specific types of dockets. While the standards seek to create a minimum level of uniform practices for specialized dockets, they still allow local specialized dockets to innovate and tailor their specialized docket to respond to local needs and resources. Standard 1. Planning Process.

A specialized docket shall utilize a comprehensive and collaborative planning process that includes all of the following:

(A) An advisory committee. All of the following apply to the advisory committee:

(1) The advisory committee shall be comprised of a multidisciplinary team of key officials, policymakers, and relevant parties needed to support the effective operations of the specialized docket. The relevant parties should represent criminal justice representatives; treatment representatives, including mental health, substance abuse, medical, and other treatment areas; and community stakeholders. The relevant parties may include, but are not limited to, the following:

(a) The specialized docket judge;

(b) The court;

(c) The prosecutor;

(d) Defense counsel;

(e) Licensed treatment providers;

(f) Children services for family dependency treatment dockets;

(g) The probation department and the parole authority for criminal and juvenile dockets;

(h) Law enforcement agencies;

(i) The veterans administration for veterans dockets;

(j) Funding authorities;

(k) Community-based service providers.

(2) The advisory committee should provide oversight on policies and procedures, facilitate agreements with partner agencies, improve the quality and expand the quantity of available services, garner political and community support for the specialized docket, evaluate specialized docket effectiveness, and plan for the sustainability of the specialized docket;

(3) The advisory committee shall establish and monitor measurable goals and objectives for the specialized docket;

(4) Advisory committee meetings shall include the specialized docket judge, who shall attend and serve as the chair of the committee. In the event of a shared advisory committee, each specialized docket judge shall chair the portion of the agenda concerning that judge's docket.

(B) A local rule or an administrative order authorizing the operation of the specialized docket.

(C) A program description that contains written policies and procedures that demonstrate compliance with all specialized docket certification requirements. The judge of a court or division establishing a specialized docket should incorporate national best practices for the particular type of docket and participants to be served.

(D) A written participation agreement and participant handbook detailing the rights and responsibilities of participants in the specialized docket;

(E) A process that is non-adversarial, but recognizes the distinct role of a prosecutor in pursuing justice and protecting public safety and victim's rights and the distinct role of a defense counsel in preserving the constitutional rights of a specialized docket participant. Standard 2. Legal and Clinical Eligibility. A specialized docket shall identify its target population and establish written legal and clinical eligibility criteria that have been collaboratively developed, reviewed, and agreed upon by the advisory committee. Each of the following shall apply with regard to legal and clinical eligibility:

(A) Eligibility and exclusion criteria shall identify the individuals who can be treated safely and effectively within the type of specialized docket established;

(B) A specialized docket shall generally target individuals with a moderate to high risk for recidivism and a high need for treatment. If a specialized docket is unable to target only high-risk and high-need offenders, the docket may be required to use alternative tracks with services that are modified to meet the risk and need levels of its participants.

(C) A specialized docket shall ensure equal opportunity for everyone to participate and succeed, regardless of race, ethnicity, or gender. A specialized docket shall take affirmative steps to detect and correct disproportionate census, inequitable services, and disparate outcomes involving those who have historically faced discrimination. A specialized docket shall ensure that teams understand and are responsive to the cultural differences within their population . Standard 3. Program Entry and Case Flow.

(A) Referral process A specialized docket shall include a written referral process that addresses how candidates are identified, evaluated, and transferred into the docket. The referral process shall indicate at what stage or stages of the legal process referrals will be considered.

(B) Assessment

(1) Candidates shall be promptly evaluated for admission into a specialized docket using assessment tools and procedures based upon written legal and clinical eligibility criteria.

(2) A specialized docket should use risk scales specific to the type of legal case, participant, and desired outcome to increase predictive accuracy.

(3) All substance abuse, mental health, and other programming assessments shall include available collateral information to ensure the accuracy of the assessment;

(4) A participant or the participant's guardian shall complete a release of information form to provide for communication about confidential information, participation/progress in treatment, and compliance with the provisions of relevant law, including the "Health Insurance Portability and Accountability Act of 1996," 42 U.S.C. 300gg-42, as amended; 42 CFR Part 2; and R.C. 2151.421 and 2152.99;

(5) All screenings and assessments for treatment determinations shall be provided by programs or persons who are appropriately licensed and trained to deliver such services according to the standards of the profession.

(C) Decision on admission

(1) A specialized docket judge shall have discretion to decide the admission into a specialized docket in accordance with the written criteria for the specialized docket.

(2) The written legal and clinical eligibility criteria do not create a right to participation in a specialized docket.

(D) Acceptance into docket

(1) Before entering a specialized docket, each participant shall receive and agree to the terms and conditions set forth in a detailed, written participation agreement and participant handbook outlining the requirements and process of the specialized docket.

(2) Each participant shall receive an explanation of responses to compliance and noncompliance, including criteria for successful, neutral, and unsuccessful specialized docket completion.

(3) In addition to any constitutional or legal right to counsel throughout the process, a participant shall have the right to request the attendance of defense counsel during the portion of a specialized docket treatment team meeting concerning the participant. Standard 4. Treatment and Rehabilitation.

(A) Prompt access A specialized docket shall provide prompt access to a continuum of approved treatment and other rehabilitation services.

(B) Placement in treatment services Specialized docket participants shall be placed as soon as possible in appropriate treatment services and programs.

(C) Screenings and assessments All screenings and assessments for treatment determinations shall be provided by programs or persons appropriately licensed and trained to deliver such services according to the standards of the profession.

(D) Licensing and training All required treatment and programming shall be provided by programs or persons appropriately licensed and trained to deliver such services according to the standards of their profession.

(E) Treatment and services

(1) Coordinated treatment and other rehabilitative services shall meet the individualized needs of each specialized docket participant and incorporate evidence-based strategies for the participant population being served by the docket. Treatment and services shall be trauma informed, gender-responsive, and culturally appropriate and shall effectively address co-occurring disorders. Whenever possible, service providers should have separate tracks for specialized docket participants.

(2) Medication assisted treatment services shall be provided in a form and manner that adhere to "The Supreme Court of Ohio's Principles for the Use of Medication Assisted Treatment (MAT) in Specialized Dockets."

(3) Treatment and services should be comprehensive and family-centered, meeting the assessed needs of the participant in the context of family relationships.

(F) Ancillary services A full continuum of complementary treatment and social services should be provided for conditions that are likely to interfere with a specialized docket participant's compliance with docket requirements, increase criminal recidivism, or diminish treatment gains and long term rehabilitation, including all of the following:

(1) Education;

(2) Vocational training;

(3) Employment;

(4) Transportation;

(5) Housing;

(6) Domestic violence programming;

(7) Physical, mental, and dental health;

(8) Parenting;

(9) Language Services pursuant to Sup. R. 89. Standard 5. Docket Progression.

(A) General Progression through a specialized docket is based upon the participant's performance in the treatment plan and compliance with requirements of the docket phases. A participant's progress through the docket phases shall not be based solely upon preset timelines.

(B) Structure A specialized docket shall include a clearly defined structure for progression through the docket. The progression shall include all of the following:

(1) The minimum length of time, if any, that shall be spent achieving any particular phase;

(2) The nature and frequency of specialized docket appearances, supervision meetings, and other attendance requirements;

(3) Realistic and concrete behavioral based requirements for the docket, case management, substance monitoring, and treatment objectives that shall be satisfied before advancing;

(4) The process for advancing to the next phase, including any applications, if any, that shall be completed.

(C) Sequence and timing The sequence and timing of requirements and services provided by the specialized docket should take into account the relative priority of participant needs to be addressed.

(D) Productive activities The structure of a specialized docket should include productive activities, such as employment, education, or attendance in peer support groups. Standard 6. Treatment Team.

(A) Composition A treatment team shall be comprised of a multidisciplinary group of professionals needed to implement the daily operations of the specialized docket. Treatment team members may include, but are not limited to, the following:

(1) The specialized docket judge;

(2) Probation staff / community control staff;

(3) Parole officers;

(4) Licensed treatment providers;

(5) A prosecutor;

(6) Defense counsel;

(7) A specialized docket program coordinator;

(8) Case managers;

(9) Law enforcement personnel;

(10) Jail, prison, or juvenile detention personnel;

(11) Children services personnel;

(12) Veterans justice outreach coordinator;

(13) Representatives of other community-based stakeholders.

(C) Roles and responsibilities The specific roles and responsibilities for each treatment team member shall be set forth in writing.

(D) Meetings The treatment team shall hold regular meetings prior to the status review hearings to evaluate participant progress, develop plans to improve individual outcomes, and prepare for the status review hearings.

(E) Participation of specialized docket judge The specialized docket judge shall attend and chair treatment team meetings.

(F) Communication Ongoing communication shall take place among the treatment team members, including frequent exchanges of timely and accurate information about the participant's overall performance.

(G) Length of service For consistency and stability in specialized docket operations, treatment team members should serve on the treatment team for a minimum of one year. Standard 7. Participant Monitoring.

(A) General

(1) A specialized docket shall monitor each participant's performance and progress.

(2) Participants shall be placed under reporting supervision as soon as possible to monitor compliance with docket requirements.

(3) A specialized docket shall maintain a current treatment plan and record of activities.

(B) Ongoing judicial interaction

(1) A specialized docket shall incorporate ongoing judicial interaction with each participant as an essential component of the docket.

(2) A specialized docket participant shall appear at least twice monthly before the specialized docket judge during the initial phase, no less than monthly after the initial phase, and no less than every six weeks during the final phase to review the participant's progress. Frequent status review hearings establish and reinforce the specialized docket's policies and ensure effective supervision of the participant.

(3) A specialized docket should have a significant number of specialized docket participants appear at a single specialized docket session in order to educate each participant as to the benefits of docket compliance and consequences for noncompliance.

(4) Hearings shall, as much as practicable, be before the same specialized docket judge for the length of each participant's time in the specialized docket. Standard 8. Incentives, Sanctions, and Therapeutic Adjustments.

(A) General Specialized dockets shall establish written policies and procedures regarding responses to a participant's behavior that are predictable, fair, and consistent and that are administered in accordance with evidence-based principles of effective behavior modification.

(B) Incentives

(1) Immediate, graduated, and individualized incentives shall govern the responses of a specialized docket to a participant's compliance.

(2) Praise and positive incentives should be offered consistently to promote achieving productive behaviors.

(C) Sanctions

(1) Immediate, graduated, and individualized sanctions shall govern the responses of a specialized docket to a docket participant's noncompliance.

(2) The magnitude of the sanction should take into the relative ease with which the participant can achieve the desire behavior at that point in time.

(D) Therapeutic adjustment Therapeutic adjustments in treatment services, as well as participation in community-based mutual support meetings, should be based upon the clinically informed needs of the participant. Standard 9. Substance Monitoring.

(A) General A specialized docket shall monitor each docket participant's substance use by random, frequent, and observed alcohol and other drug testing protocols that include all of the following:

(1) Written policies and procedures for sample collection, sample analysis, and result reporting. The testing policies and procedures shall address elements that contribute to the reliability and validity of the testing process.

(2) Individualized drug and alcohol testing plans;

(3) Testing protocols that ensure that all testing is random, frequent, and observed. Random testing shall be implemented in a manner so that the odds of being tested are the same on any given day of the week. Drug and alcohol testing shall be performed frequently enough to ensure substance use is detected quickly and reliably. The collection of test specimens shall be witnessed directly by a staff person who has been trained to prevent tampering and substitution of fraudulent specimens.

(B) Positive tests

(1) Testing positive, failure to submit to testing, submitting an adulterated sample or the sample of another individual, or diluting the sample shall be treated as positive tests.

(2) A specialized docket shall receive immediate notification of all positive tests.

(3) An appropriate sanction or therapeutic adjustment for all positive tests after entering a specialized docket program shall be immediately enforced and reinforced by the specialized docket judge.

(C) Sufficiency of testing Testing shall be sufficient to include the participant's primary substance of use, as well as a sufficient range of other common substances.

(D) Compliance by agencies All agencies conducting substance testing for use with the specialized docket shall comply with the requirements of this section. Standard 10. Program Completion.

(A) Criteria A specialized docket shall have written policies and criteria related to program completion that have been collaboratively developed, reviewed, and agreed upon by the advisory committee.

(B) Categories The categories of completion for a specialized docket shall be "successful completion," "unsuccessful completion," and "neutral termination."

(C) Decision on termination After affording participants any legal process to which they may be entitled, a specialized docket judge shall have discretion to decide the category of completion of the specialized docket and associated outcomes in accordance with the written criteria for the docket and after affording participants any legal process to which they may be entitled.

(D) No right to continued participation The written legal and clinical eligibility and termination criteria do not create a right to continued participation in a specialized docket. Standard 11. Professional Education.

(A) General A specialized docket should assure continuing interdisciplinary education of advisory committee members, treatment team members, and personnel to promote effective specialized docket planning, implementation, and operations.

(B) Continuing education plan A specialized docket should establish and maintain a viable continuing education plan for specialized docket personnel.

(C) Treatment team

(1) Treatment team members should make reasonable efforts to observe all required specialized docket service provider programs to gain confidence in the services provided and to better understand the treatment and programming process.

(2) A specialized docket should plan for the transition of a treatment team member and provide sufficient training and program document for new treatment team members.

(3) For consistency in the non-adversarial approach, prosecutors and defense counsel should be trained in specialized docket processes.

(D) Judicial knowledge The specialized docket judge should be knowledgeable about treatment and programming methods and limitations of the methods. Standard 12. Effectiveness Evaluation. A specialized docket judge shall evaluate the effectiveness of the specialized docket by doing each of the following:

(A) Reporting data as required by the Supreme Court, including information to assess compliance with these standards;

(B) Engaging in on-going data collection in order to evaluate whether the specialized docket is meeting its goals and objectives;

(C) Establishing a data collection plan. The plan should identify who is collecting the data, how the data is collected, and the time frames for conducting program reviews based on the data. Treatment team members should provide data. The specialized docket should develop policies concerning protection of confidential information and identities when collecting data. Standard 13. Constitutional and Due Process Rights.

A specialized docket shall comply with all constitutional and statutory rights of their participants. Any such rights that are permitted to be waived by said participants are to be done in a manner that ensures substantive due process rights of the participant. All certified specialized dockets shall comply with the "Constitutional and Due Process Guidance Document issued by the Commission on Specialized Dockets." APPENDIX J STANDARDS FOR THE USE OF TELEPHONIC INTERPRETATION Preamble. These standards apply to courts appointing a foreign language interpreter who, pursuant to Sup.R. 88(G), is participating in the case or court function through telephonic interpretation. Due process requires courts to ensure limited English proficient individuals are able to fully participate in the proceedings of and are afforded meaningful access in case and court functions. The fundamental role of a foreign language interpreter is to provide complete and accurate interpretation services in the case or court function in order to meet these due process requirements. The best way to accomplish this, especially in complex or prolonged proceedings, is to have the foreign interpreter present on-site where the case or court function is taking place. However, in some instances, this may prove difficult due to factors such as the interpreter's lack of proximity. In these instances telephonic interpretation may be an appropriate alternative. However, telephonic interpretation should not be used when a Supreme Court certified foreign language interpreter, provisionally qualified foreign language interpreter, or language-skilled foreign language interpreter is reasonably available to facilitate communication in person. Furthermore, the quality and success of telephonic interpretation depend on a variety of factors. Examples include the interpreter's quality of training, the quality of the equipment used, the length of the case or court proceeding, the number of speakers, and whether reference will be made to evidence or documents to which the interpreter does not have access. These and other factors can all have a bearing on the effectiveness of the telephonic interpretation. Ultimately, telephonic interpretation services should aim to provide the same quality of services as in-person interpretation. To this end, these standards represent recommended practices and minimum requirements to ensure the efficient and effective administration of justice and are intended to complement court rules and federal and state laws, regulations, and standards pertaining to use of court interpretation services. Definitions. As used in these standards, "case or court function," "consecutive interpretation," "foreign language interpreter," "limited English proficient," "provisionally qualified foreign language interpreter," "sight translation," "simultaneous interpretation," "Supreme Court certified foreign language interpreter," and "telephonic interpretation" have the same meanings as in Sup.R.

80 and "language-skilled foreign language interpreter" means a foreign language interpreter appointed by a court pursuant to Sup.R. 88(F). Standard 1. When Telephonic Interpretation May be Used.

A court may use telephonic interpretation in a case or court function if all of the following apply:

(A) A Supreme Court certified foreign language interpreter, provisionally qualified foreign language interpreter, or language-skilled foreign language interpreter is not reasonably available to serve on-site;

(B) The matter cannot be postponed or delayed;

(C) The quality of interpretation will not be compromised. Commentary While it is impossible to list all situations where telephonic interpretation might be appropriate, the court may consider the following: initial appearances, arraignments, simple traffic hearings, uncontested name changes, uncontested guardianships, ex parte civil protection orders, and marriages. The court may identify any other instances where telephonic interpretation may be suitable. Standard 2. When Telephonic Interpretation Should Not be Used. A court should not use telephonic interpretation in a case or court function if any of the following apply:

(A) A Supreme Court certified foreign language interpreter, provisionally qualified foreign language interpreter, or language-skilled foreign language interpreter is reasonably available to serve on-site;

(B) The interpretation is necessary for a proceeding that is expected to last longer than forty-five minutes, provided the interpretation may exceed forty-five minutes if the communication is clear, the proceeding is simple and routine, and the rights of the party are not compromised;

(C) The interpretation is necessary for a proceeding that involves witness testimony or introduces complex evidence;

(D) The limited English proficient party or witness is a child, is elderly, is an unsophisticated user of interpreter services, has profound speech or language problems, or is or is alleged to be mentally disabled or mentally ill;

(E) It is determined that using telephonic interpretation would negatively impact access for any reason. Standard 3. Compliance with Applicable Laws, Rules, and Standards. A court using telephonic interpretation shall comply with all court rules and federal and state laws, regulations, and standards pertaining to use of court interpretation services. Standard 4. Accommodating Modes of Interpretation.

(A) General Subject to division (B) of this standard, court using telephonic interpretation should accommodate sight translation, consecutive interpretation, or simultaneous interpretation, as is necessary for proper and effective communication between the court, the parties, and the limited English proficient speaker.

(B) Sight translation A court should not use sight translation with telephonic interpretation unless the foreign language interpreter has access to the documents beforehand and ample time to render the document from one language into the other. If sight translation is used with telephonic interpretation, the document should be short and routine. Standard 5. Oath. A foreign language interpreter participating through telephonic interpretation shall take an oath or affirmation that the interpreter knows, understands, and will act according to the "Code of Professional Conduct for Court Interpreters and Translators," as set forth in Appendix H to these rules and that the interpreter will make a true translation or interpretation as required by Evid.R. 604. Standard 6. Telephonic Interpretation Equipment.

(A) Adequacy of equipment A court using telephonic interpretation should have adequate equipment in the courtroom and other locations where case and court functions involving the presence and participation of limited English proficient individuals take place.

(B) Quality of transmission A court using telephonic interpretation should ensure the telephonic interpretation equipment has the capacity to deliver clear and audible transmission of voice and minimizes background noise and disruptions that might affect the quality of the interpretation.

(C) Integration into existing audio speaker system A court using telephonic interpretation may integrate the telephonic interpretation into a courtroom's existing audio speaker system using a digital audio platform device or a simple stand-alone device with amplification. Standard 7. Coordination of Telephonic Interpretation Services. A court using telephonic interpretation should designate one individual to arrange and monitor the provision of the service in order to ensure continuous and efficient operation. Commentary Having a coordinator to arrange and monitor telephonic interpretation helps to ensure an efficient operation and eliminate minor issues that can arise with the use of telephonic interpretation. Additionally, the accumulated experience of one individual produces efficiency. Standard 8. Training on the Use of Telephonic Interpretation Services. A court using telephonic interpretation should provide training to users of the technology, relevant support staff, and other involved individuals in order to ensure an efficient operation and the integrity in the use of the service. Standard 9. Monitoring Telephonic Interpretation Services. A court using telephonic interpretation should collect and analyze information regarding the performance of the service on a regular basis in order to evaluate the quality of the service, its benefits and limitations, and its cost-effectiveness.