Cass County - Superior II

Judge Maughmer Cass County Superior Court II
Cass County Government Building
Room 413 (court), Room 411 (office)
200 Court Park
Logansport, IN 46947
Phone: (574) 753-7740

Honorable Judge
Rick Maughmer

Local Court Rules

LR09-CR2.2-1 Criminal and Infraction Case Assignment

All Class D felony cases shall be filed in Superior Court 1. All misdemeanors and infractions shall be filed in Superior Court 2. Felony non support actions shall be filed in Cass Superior Court 1. All other felonies shall be assigned randomly by Cass Superior Court 2, in equal numbers to Cass Circuit Court and Cass Superior Court 2. In cases involving multiple charges, the highest class of charge therein shall control case assignment in accordance with this rule. Cases involving multiple defendants shall be all filed in the same court randomly selected.

LR09-CR2.3-2 Criminal Case and Infraction Transfer

The judge of the Circuit or Superior Courts in accordance with this local rule and/or I.C. 33-29-1-9, by appropriate order entered in the Record of Judgments and Orders, may transfer and reassign to another court of record in Cass County, any pending felony, misdemeanor or infraction, provided the receiving court has jurisdiction to hear such case and accepts jurisdiction of the same.

LR09-CR00-3 Dismissal, Refiling, and Subsequent Filings of Criminal Proceedings

When the state dismisses a felony or misdemeanor case that has been assigned or reassigned under these local rules, all felony or misdemeanor charges filed against that same defendant within the next six months shall be assigned to the judge from whom the dismissal was taken.

LR09-CR2.2-4 Reassignment of Criminal Cases

In the event of disqualification, recusal, or other reason for change of judge, a pending felony, misdemeanor, or infraction shall be reassigned to another court in Cass County, provided the other court has jurisdiction to hear such matter. If the case cannot be reassigned and transferred to another court in the county, the case shall be reassigned in the court where pending to a duly appointed senior judge or judge from a court in a contiguous county. Cases reassigned to judges from contiguous counties in seriatim order. Judges previously assigned to the case are ineligible for reassignment under this rule.

LR09-CR2.2-4 Appointment of Special Judge-Criminal

In the event these rules fail to assign a case or unique circumstances presented in a particular proceeding preclude local assignment, the judge before whom the case is pending may request the Indiana Supreme Court to appoint a special judge for the case.

LR09-TR79-5 Appointment of Special Judge-Civil

PURPOSE OF RULE – This rule is adopted to comply with requirements of Trial Rule 79(H) of the Indiana Rules of Trial Procedure. It is intended to provide a means of selection of special judges insuring the effective use of all judicial resources within Administrative District 5, and includes each person eligible for appointment under Section (J) of Trial Rule 79.

CENTRAL OFFICE ESTABLISHED - There is established a Central Office for the keeping of records of appointment and selection of special judges for this District. The Central Office of this District shall be the Wabash Circuit Court. The Administrator of the Central Office shall be appointed by the Judge of the Wabash Circuit Court.

The Cass Circuit and Superior Courts shall hereafter refer to the Central Office of this District whenever selection of a special judge is required under this rule. The Cass Circuit and Superior Courts shall accept from the Central Administrator the name of the individual to then be appointed as special judge.

The person serving as Administrator of the Central Office shall have the following responsibilities:

To maintain a list of persons qualified to serve as special judge under Section (J) of Trial Rule 79.
To take referrals from the several courts of this District, requesting appointment of a special judge.
To alternately and on a rotating basis appoint qualified judges from the list maintained for that purpose.
To notify the referring Court of the individual to be appointed under this Rule.

CURRENT ROTATION SCHEDULE – The following shall be the rotation schedule initially used by the central administrator:

the judge of Cass Superior Court 1
the judge of Wabash Circuit Court
the judge of Howard Superior Court 3
the judge of Fulton Superior Court
the judge of Howard Superior Court 2
the judge of Fulton Circuit Court
the judge of Howard Circuit Court
the judge of Tipton Circuit Court
the judge of Miami Superior Court
the judge of Howard Superior Court 1
the judge of Cass Circuit Court
the judge of Wabash Superior Court
the judge of Miami Circuit Court
the judge of Cass Superior Court 2
the judge of Howard Superior Court 4

ADMINISTRATIVE FEE – Each of the Courts participating under this Rule shall pay each year the sum of Fifty Dollars ($50.00) to the Central Administrator, payable directly to the Administrator by the 15th of September each year.

CERTIFICATION TO SUPREME COURT – In cases in which no judge is eligible to serve as special judge in a particular case, or where the circumstances of a case require it, the Court shall certify those circumstances to the Indiana Supreme Court, Division of State Court Administration, and the Supreme Court shall make the appointments.

LR09-AR15-6 Court Reporter Fees

The undersigned courts comprise all the courts of record of Cass County, Indiana, and hereby adopt the following local rule by which court reporter services shall be governed:

Section One, Definitions.The following definitions shall apply under this local rule:

A Court Reporter is a person who is specifically designated by a court to perform the official court reporting services for the court including preparing a transcript of the record.
Equipment means all physical items owned by the court or other governmental entity and used by a court reporter in performing court reporting services. Equipment shall include, but not be limited to, telephones, computer hardware, software programs, disks, tapes and any other device used for recording and storing, and transcribing electronic data.
Work space means that portion of the court’s facilities dedicated to each court reporter, including but not limited to actual space in the courtroom and any designated office space.
Page means the page unit of transcript which results when a recording is transcribed in the form required by Indiana Rule of Appellate Procedure 7.2.
Recording means the electronic, mechanical, stenographic or other recording made as required by Indiana Rule of Trial Procedure 74.
Regular hours worked means those hours which the court is regularly scheduled to work during any given work week. Depending on the particular court, these hours may vary from court to court within the county but remain the same for the work week.
Gap hours worked means those hours worked that are in excess of the regular hours worked but hours not in excess of forty (40) hours per work week.
Overtime hours worked means those hours worked in excess of forty (40) hours per work week.
Work week means a seven (7) consecutive day week that consistently begins and ends on the same days throughout the year, i.e. Sunday through Saturday, Wednesday through Tuesday, Friday through Thursday.
Court means the particular court for which the court reporter performs services. Court may also mean all of the courts in Cass County.
County indigent transcript means a transcript that is paid for from county funds and is for the use on behalf of a litigant who has been declared indigent by a court.
State indigent transcript means a transcript that is paid for from county funds and is for the use on behalf of a litigant who has been declared indigent by a court.
Private transcript means a transcript, including but not limited to, a deposition transcript that is paid by a private party.

Section Two. Salaries and per Page Fees.

Court Reporters shall be paid an annual salary for time spent working under the control, direction and direct supervision of their supervising court during and regular work hours, gap hours or overtime hours. The supervising court shall enter into a written agreement with the court reporters which outlines the manner in which the court reporter is to be compensated for gap and overtime hours, i.e. monetary compensation or compensatory time off regular work hours.
The maximum per page fee a court reporter may charge for the preparation of a county indigent transcript shall be $4.25; the court reporter shall submit a claim to the county for the preparation of any indigent transcripts.
The maximum per page fee a court reporter may charge for the preparation of state indigent transcript shall be $4.25.
The maximum per page fees a court reporter may charge for the preparation of a private transcript shall be $4.25.
Each court reporter shall report, at least on an annual basis, all transcript fees received for the preparation of either county indigent, state indigent or private transcripts to the Indiana Supreme Court Division of State Court Administration. The reporting shall be made on forms prescribed by the Division of State County Administration.

Section three. Private Practice.

If a court reporter elects to engage in private practice through the recording of a deposition and/or preparing of a deposition transcript, and the court reporter desires to utilize the court’s equipment, work space and supplies, and the court agrees to the use of the court equipment for such purpose, the court and the court reporter shall enter a written agreement which must, at a minimum, designate the following:

(a) The reasonable market rate for the use of equipment, work space and supplies,
(b) The method by which records are to be kept for court use of equipment, work space and supplies, and
(c) The method by which the court reporter is to reimburse the court for the use of the equipment, work space an supplies,
If a court reporter elects to engage practice in private through the recording of a deposition and/or preparing of a deposition transcript, all such private practice work shall be conducted courtside of regular working hours.

LR09-AR1-7 Case Allocation Plan

Cases involving juvenile delinquencies, children in need of services, child support enforcement, paternity, guardianships, and adoptions shall be filed in Circuit Court.

Small claims, independent protective order proceedings, and mental health cases shall be filed in Superior Court 1.

All other civil matters not specifically set out above shall be filed in the court requested by initiating counsel.

LR09-TR00-8 Civil Case Transfer

The judge of the Circuit or Superior Courts in accordance with this local rule and/or I.C. 33-29-6, by appropriate order entered in the Record of Judgments and Orders, may transfer and reassign to another court of record in Cass County, any pending civil action, provided the receiving court has jurisdiction to hear such case and accepts jurisdiction of the same.

LR09-JR4-9 Summoning Jurors

Pursuant to Indiana Jury Rule 4, the judges of the courts of record in Cass County select the two tier notice and summons procedure.

LR09-CR00-10 Bail Schedule

The Cass County Bail Schedule shall apply to all persons arrested with offenses in Cass County unless otherwise endorsed upon a warrant or ordered by a judge of the Circuit or Superior Court. The standard minimum bail in criminal cases shall be set as follows:

Felonies	Cash Bond	Surety Bond
Murder	No Bond	No Bond
Class A	$10,000.00	$50,000.00
Class B	$5,000.00	$25,000.00
Class C	$2,000.00	$10,000.00
Class D	$1,000.00	$5,000.00
Misdemeanors
Class A	$250.00	$1,000.00
Class B	$200.00	$750.00
Class C	$150.00	$500.00

Any defendant on probation or parole is subject pursuant to statute to a hold up to fifteen days prior to being released on bail. Those defendants shall be held until their first court appearance to give the prosecutor the opportunity to request the probation hold.

In those situations where the defendant has been arrested for allegations of domestic violence or violation of a no contact order, said defendant will be held without bail until the appropriate bail is determined by a judicial officer at he defendant’s first court appearance.

LR09-AR00-11 Local Judicial Jurisdiction

To expedite the administration of justice in Cass County, the three sitting judges of Cass County authorize the other judges to sit as judge in their court at any time, and in any case.

LR09-AR00-12 Alcohol/Drug Program Fees

In accordance with I.C. 12-23-14-16(b), the following fees are adopted for alcohol and/or drug program services:

Assessment and Case Management Fee…$200.00

Substance Abuse Education Fee…$200.00