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NOTICE
MONTGOMERY COUNTY COMMON PLEAS COURT, GENERAL DIVISION
NEW LOCAL RULE 2.40, CERTIFICATE OF QUALIFICATION FOR
EMPLOYMENT (CQE)
(EMERGENCY STATUS – EFFECTIVE APRIL 8, 2013)
The
General Division of the Montgomery County Common Pleas Court adopted
NEW Loc. R. 2.40, Certificate of
Qualification for Employment (CQE), effective April 8, 2013.
Pursuant
to Loc. R. 1.03 of the Local Rules of Practice and Procedure for the Montgomery
County Court of Common Pleas and Rule 5 of the Rules of Superintendence for the
Courts of Ohio, the adopted amendments are being published for a thirty-day
comment period beginning April 8, 2013, through May 7, 2013.
Comments
regarding Loc. R. 2.40 can be submitted via email to rulecom@montcourt.org or in writing to:
James W. Drubert, Court
Administrator
Montgomery County Common
Pleas Court
41 N. Perry Street
P.O. Box 972
Dayton, OH 45422
Comments must be received by 4:30 p.m. on May 7, 2013
I.
This rule
defines the specific requirements and processes that support a petitioner’s
application for a Certificate of Qualification for Employment (CQE) as set
forth in Revised Code 2925.25 and related rules established by the Ohio Department
of Rehabilitation and Correction (ODRC).
II.
In order to
request a CQE, the petitioner shall file the cover sheet (Petition for
Certificate of Qualification for Employment (O.R.C. 2953.25) electronically
with the Ohio Department of Rehabilitation and Correction. Once the petition
is accepted by ODRC, the petitioner may file the petition with the Montgomery
County Clerk of Courts. The petitioner shall
include the ODRC Electronic Petition Number on the cover sheet, and shall
attach a copy of the fully completed electronic petition.
III.
All petitions
submitted through the ODRC shall include electronic access to the Ohio Department
of Rehabilitation and Correction CQE Summary.
IV.
Before any action
is required to be taken on the petition, the petitioner shall pay a cost
deposit in the amount established by the Court for civil cases. Judgment
granting certificate shall not be issued until costs are paid in full.
V.
Records or
information received by a court to assist the court with making its decision
under Section 2953.25 of the Revised Code, including information included on a
petition, shall retain their character as public or non-public records, as
otherwise provided in the law.
VI.
Upon receipt of a
Notice of Petition, the Clerk of Courts shall assign the petition a
miscellaneous case number:
A.
The case will be
randomly assigned to a Judge if the conviction originates from a county other
than Montgomery County.
B.
If the conviction
originates in Montgomery County, the case shall be assigned to the Judge or
successor Judge who most recently sentenced the defendant.
VII.
The Court shall
obtain a criminal history for the petitioner, either through the investigation
ordered in support of the petition (see Order for Investigation Appendix M) or otherwise.
VIII.
The Court shall
attempt to determine all other courts in the state in which the petitioner has
been convicted of or plead guilty to an offense through review of the
petitioner’s criminal history or other investigation. The Court shall send a
Notice of Petition for Certificate of Qualification for Employment (Appendix N) and Response to Request for Information
Regarding Petition for Certificate of Qualification for Employment (Appendix O) to each court so identified. Such
notice shall be sent via ordinary US mail, fax, or e-mail.
IX.
The Court shall
also send a Petition for Certificate of Qualification for Employment (Appendix N) and Response to Request for
Information Regarding Petition for Certificate of Qualification for Employment
(Appendix
O) to the
prosecuting attorney of the county in which the petition was filed.
X.
The Court shall review the petition, criminal history, all
filings submitted by the prosecutor or victim in accordance with the rules
adopted by the Division of Parole and Community Services, and all other relevant
evidence.
XI.
The Court shall
review any report, investigation or disclosure that it believes is necessary to
reach a decision or order production of additional information (Appendix P - Order for Additional Information).
XII.
Once all
information requested has been received, the Court shall decide whether to
grant (Appendix Q –
Judgment Entry Granting Petition for Certificate of Qualification for
Employment) or deny (Appendix R – Judgment Entry Denying Petition for Certificate of
Qualification for Employment) the petition within sixty (60) days unless
petitioner requests and is granted an extension of time. The decision to grant
or deny a petition may be referred to a Magistrate and then sent to the Judge
for a final Judgment Entry and Order. All notice and objection periods
regarding a Magistrate’s decision would apply as set forth in the civil rules.
XIII.The Court shall provide a written notice to the
petitioner of the Court’s Decision and Judgment Entry. If denied, the notice
shall include conditions, if any, placed on subsequent filings and language
that a final appealable order has been filed. The Court shall also notify the
ODRC of the disposition of the petition as required under the Administrative
Rules, and if granted order the ODRC to issue the CQE to petitioner.
Appendix M (referred to in Loc. R. 2.40, Certificate of Qualification for
Employment (CQE)
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
IN RE: ___________________________ CASE
NO:
JUDGE:
ORDER FOR INVESTIGATION REGARDING
PETITION FOR CERTIFICATE OF QUALIFICATION FOR
EMPLOYMENT (RC 2953.25)
Upon consideration of the above captioned
Petition for Certificate of Qualification for Employment, the Court hereby
Orders Pretrial Services to do the following and report back its findings
within _____ days of this Order:
_____ 1. Attempt to determine all other
courts in the state in which the petitioner has been convicted of or plead
guilty to an offense.
_____ 2. Obtain a
current LEADS report on petitioner.
_____ 3. Verify the
accuracy of information submitted in the Petition.
_____ 4. Conduct a
_________________________ assessment on petitioner.
_____ 5. Perform
drug/alcohol/____________ test(s) on petitioner.
_____ 6. Other:
(specify)
IT
IS SO ORDERED.
___________________________________
JUDGE/MAGISTRATE DATE
Appendix N (referred to in Loc. R. 2.40, Certificate of Qualification for
Employment (CQE)
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
IN RE:
___________________________ CASE NO:
JUDGE:
NOTICE OF PETITION FOR
CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT (RC
2953.25)
You are
hereby notified that a Petition for Certificate of Qualification for Employment
was filed by the above captioned petitioner in this Court (see attached). If
you are interested in providing any information regarding this petition, please
complete the attached form and return within fourteen days.
PRETRIAL
SERVICES OFFICER.
____________________________________
Signature
for Craig Smith
Street:
14 W. Fourth Street, Suite 700
City:
Dayton State: OH Zip: 45422
Phone
Number: (937)496-7202
Fax
Number: (937)225-4295
Email:
smithc@montcourt.org
Appendix O (referred to in Loc. R. 2.40, Certificate of Qualification for
Employment (CQE)
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
IN RE: ___________________________ CASE
NO:
JUDGE:
RESPONSE TO REQUEST FOR INFORMATION REGARDING
PETITION FOR CERTIFICATE OF QUALIFICATION FOR
EMPLOYMENT (RC 2953.25)
The undersigned voluntarily
submits the following information regarding the above captioned Petition.
NOTE: It is not necessary to submit any or all of the information listed
below.
o The petitioner did/did not (circle
one) successfully completed community control sanctions. Comments:
o
The petitioner
does/does not (circle one) owe any outstanding monies.
Comments:
o
I do/do not
(circle one) recommend the petitioner receive a CQE.
Comments:
o Additional Comments:
Respectfully Submitted,
____________________________________
Signature
____________________________________
Name
of Person Submitting Information
____________________________________
Position
(if victim, indicate here ________)
____________________________________
Name
of Organization: Court, Prosecutor’s
Office, Other
____________________________________
Street
____________________________________
City,
State Zip
____________________________________
Phone
Number
____________________________________
Fax
Number
____________________________________
Email
Appendix P (referred to in Loc. R. 2.40, Certificate of Qualification for
Employment (CQE)
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
IN RE:
___________________________ CASE NO:
JUDGE:
ORDER FOR ADDITIONAL INFORMATION
PETITION FOR CERTIFICATE OF QUALIFICATION FOR
EMPLOYMENT (RC 2953.25)
Upon consideration of the above captioned
Petition for Certificate of Qualification for Employment, the Court hereby
Orders the petitioner to provide the following information within _____ days of
this Order:
IT
IS SO ORDERED.
___________________________________
JUDGE/MAGISTRATE DATE
Appendix Q (referred to in Loc. R. 2.40, Certificate of Qualification for
Employment (CQE)
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
IN RE:
___________________________ CASE NO:
JUDGE:
JUDGMENT ENTRY GRANTING
PETITION FOR CERTIFICATE OF QUALIFICATION FOR
EMPLOYMENT (RC 2953.25)
Upon consideration of the above captioned
Petition for Certificate of Qualification for Employment, the Court hereby
finds:
The petitioner has suffered a
COLLATERAL SANCTION that is related to employment or occupational licensing as
a result of individual’s conviction of or plea of guilty to an offense (felony
or misdemeanor) and that applies by operation of law in this state; AND
The petitioner has established by a
preponderance of the evidence that granting the petition will materially assist
the individual in obtaining employment/occupational license; AND
The petitioner has established by a
preponderance of the evidence the Petitioner has a substantial need for the
relief requested in order to live a law-abiding life; AND
The petitioner has established by a
preponderance of the evidence that granting the petition would not pose an
unreasonable risk to the safety of the public or any individual.
THEREFORE, it is HEREBY ORDERED, ADJUDGED AND
DECREED that the above captioned Petition for Certificate of Qualification for
Employment is hereby GRANTED.
IT IS FURTHER ORDERED Pretrial
Services Notify the Department of Rehabilitation and Correction that a
Certificate of Qualification for Employment shall be issued to petitioner.
Pretrial Services is HEREBY ORDERED to provide written notice
to petitioner.
IT
IS SO ORDERED.
_________________________________________
JUDGE
Appendix R (referred to in Loc. R. 2.40, Certificate of Qualification for
Employment (CQE)
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
IN RE:
___________________________ CASE NO:
JUDGE:
JUDGMENT ENTRY DENYING
PETITION FOR CERTIFICATE OF QUALIFICATION FOR EMPLOYMENT
(RC 2953.25)
Upon consideration of the above captioned
Petition for Certificate of Qualification for Employment, the Court hereby
finds:
The petitioner has/has not (circle
one) suffered a COLLATERAL SANCTION that is related to employment or
occupational licensing as a result of individual’s conviction of or plea of
guilty to an offense (felony or misdemeanor) and that applies by operation of
law in this state;
The petitioner has/has not (circle
one) established by a preponderance of the evidence that granting the petition
will materially assist the individual in obtaining employment/occupational
license;
The petitioner has/has not (circle
one) established by a preponderance of the evidence the Petitioner has a
substantial need for the relief requested in order to live a law-abiding life;
The petitioner has/has not (circle
one) established by a preponderance of the evidence that granting the petition
would not pose an unreasonable risk to the safety of the public or any individual.
THEREFORE, it is HEREBY ORDERED, ADJUDGED AND
DECREED that the above captioned Petition for Certificate of Qualification for
Employment is hereby DENIED.
IT IS FURTHER ORDERED that the
following conditions (if any) are placed on petitioner’s subsequent filings:
_______________________________________________________________________.
Pretrial Service is HEREBY ORDERED to provide
written notice to petitioner and the Department of Rehabilitation and
Correction.
THIS IS A FINAL, APPEALABLE ORDER. THERE IS NO
JUST CAUSE FOR DELAY.
IT
IS SO ORDERED.
_________________________________________
JUDGE
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