Schmucker issues memo governing disposition of cases

Departing Circuit Court Judge Chad Schmucker released a memo last week concerning the disposition of his cases. "At our March 15 judge's meeting, the judges agreed on the following plan for covering Judge Schmucker's cases until a replacement judge is appointed. Civil Cases (All N, C, A, and PD cases) Judge Wilson: Cases with an even file number. Judge McBain: Cases with an odd file number. Domestic Cases (All D, U, PP, PH, and PJ cases) Judge Beebe: Cases with an even file number. Judge Rappleye: Cases with an odd file number. Recovery Court Cases Judge Beebe Frequently Asked Questions: Are the cases being reassigned to the other judges? No, cases will remain on Judge Schmucker's docket. The daily schedule for each individual just will not include these cases. What if there are two related cases? The lower case number controls. For example, if two parties have a PPO and a divorce, the case with the lower file number controls. Similarly, if there is an auto accident (NI) and a related declaratory judgment (CK), the lower case number controls. Who will pull the files? Patti and Shannan will print Judge Schmucker's schedule each day and pull the files. They will highlight on a schedule the cases being handled by each Judge. Each judge's schedule posted in the hall will include a copy of Judge Schmucker's schedule with the cases highlighted that they will be handling. Who will handle calls regarding these cases? Calls about these cases can be made to the judge temporarily assigned the case, or to Patti and Shannan. Does this apply to both open and closed cases? Yes. How long will this last? Until a replacement judge is appointed. Will the dates and times of scheduled hearings remain the same? Probably not. If a civil pre-trial is scheduled during the middle of Judge McBain's sentencing, it would just result in unnecessary waiting, so the civil pre-trial will probably be adjourned to another date that fits with Judge McBain's schedule. Similarly, if a case is scheduled for a divorce trial on an afternoon when Judge Rappleye has a full schedule of abuse and neglect reviews, the divorce trial will be moved. Who will handle the rescheduling? Patti and Shannan will be reviewing the schedule and working with the other judges and their staffs to move cases. They will try to give the parties and attorneys at least three weeks notice of the new dates. Who should I call to schedule a motion? You can call the temporarily assigned judge's staff, or Patti or Shannan. Should my motion be scheduled based on Judge Schmucker's posted schedule, or the temporarily assigned judge's schedule? Since Judge Schmucker will not be hearing your motion and it could be many months before a new judge is appointed, in the interim all motions should be scheduled in accordance with the published scheduling times of the temporarily assigned judge. Will anything be posted on the first floor? Yes. There will be a notice posted on the first floor with the schedules. If you have any questions about this, contact Court Administrator Charles Adkins (517-768-8565) or Chief Judge John McBain (517-788-4390). Published: Thu, Mar 24, 2011

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