Judge Casey Cheesman

Applies to

Pretrial diversion application

In the diversion application process, counsel must state and the defendant must agree on the record to waive speedy-trial or speedy-disposition rights if diversion is granted.

Applies to

Commonwealth recommendation

The Commonwealth must provide the Court with a written recommendation for every diversion application.

Applies to

Commonwealth recommendation

When recommending diversion, the Commonwealth must submit written recommendations on diversion conditions and the appropriate sentence if the agreement is unsuccessful.

An eligible person may apply for pretrial diversion after indictment or information, but must do so no later than 30 days before trial.

Except for emergency, ex parte, or differently timed motions, motions must be filed at least seven days before the hearing; late motions may be denied or continued, subject to the stated exceptions.

Motions filed in person must be filed with the Clerk’s Office by close of business.

Petitioners seeking to initiate contempt proceedings should contact the Circuit Court Clerk’s Office in each county, as follows: CARROLL COUNTY GRANT COUNTY OWEN COUNTY 802 Clay Street 224 South Main Street 401 South Main Street Carrollton, KY 41008 Williamstown, KY 41097 P.O. Box 473 (502) 732-4305 (859) 824-4467 Owenton, KY 40359 (502) 484-2232

Petitioners may also contact the county attorney’s office in their county regarding contempt proceedings.

Counsel may appear by Zoom at motion hearings only after requesting and receiving prior Court approval, except for motions to set a final hearing or trial and motions presented solely to request a special hearing date when the parties have agreed the motion cannot be heard in fifteen minutes on the regular docket.

Counsel must email copies of motions, responses, replies, and surreplies to the presiding judge.

The copy sent to the presiding judge must be in addition to the original filed or e-filed with the Clerk.

Copies of necessary exhibits, affidavits, and other attachments must also be sent to the Court.