CHAPTER 290
Mayor's Court
EDITOR'S NOTE: Ohio R.C. 1905.01 provides that the Mayor-President of Council of East Palestine has jurisdiction to hear and determine any prosecution for the violation of an East Palestine ordinance, and has jurisdiction in all criminal causes involving moving traffic violations occurring on State highways located within the corporate limits of East Palestine, subject to the limitations of Ohio R.C. 2937.08 and 2938.04. In keeping his docket and file, the Mayor-President of Council shall be governed by the laws pertaining to county courts.
   Ohio R.C. 2937.08 provides that if the court in which a defendant is charged with an offense is not a court of record (the Mayor's Court), and the charge is such that a right to jury trial exists, such matter shall not be tried before him unless the accused, by writing subscribed by him, waives a jury and consents to be tried by the magistrate. If the defendant, in such event, does not waive right to jury trial, then the magistrate shall require the accused to enter into recognizance to appear before a court of record in Columbiana County and the magistrate shall thereupon certify all papers filed, together with a transcript of proceedings and accrued costs to date, and such recognizance, if given, to the court of record.
   Ohio R.C. 1901.24 and 2938.04 provide that right to trial by jury shall be claimed by making demand in writing therefor and filing the same with the clerk of the court of record not less than three days prior to the date set for trial or on or before the day following receipt of notice of the date set for trial, whichever is the later. Failure to claim jury trial as provided herein is a complete waiver of right thereto. Jury trial may not be had in courts not of record, but failure to waive a jury in writing where the right to a jury trial may be asserted shall require the magistrate to certify such case to a court of record as provided in Ohio R.C. 2937.08.
   Ohio R. C. 2945.17 provides that an accused has a right to be tried by a jury at any trial in any court for the violation of any Ohio statute or of any East Palestine ordinance, except in cases in which the penalty involved does not exceed a fine of one hundred dollars ($100.00).
   The Supreme Court of Ohio, on December 4, 1967, promulgated "Rules of Practice and Procedure in Traffic Cases For All Courts Inferior to Common Pleas, " the adoption of which became mandatory prior to
   Effective October 20, 1987, Mayors of Mayor's Courts were authorized to suspend the driver's or commercial driver's license or permit or nonresident operating privilege of any person who is convicted of or pleads guilty to a violation of Ohio R.C. 4511.19 or Section 434.01 of the Traffic Code (OVI), in accordance with Ohio R.C. 4507.16(B).
   CROSS REFERENCES
   Mayor-President of Council - see CHTR. Secs. 3.04, 3.14; ADM. Ch. 221
   Mayor's Court jurisdiction - see Ohio R.C. 1905.01 et seq.
   Mayor's powers and duties - see Ohio R.C. 1905.20 et seq.
   Contempt of court - see Ohio R.C. 1905.28, 1907.171 et seq., 2935.11
   Peace and search warrants - see Ohio R.C. Ch. 2933
   Detection and arrest - see Ohio R.C. Ch. 2935
   Preliminary examination; bail - see Ohio R.C. Ch. 2937
   Trial - see Ohio R.C. Ch. 2938
   Notification to Director of liquor law convictions - see Ohio R.C. 4301.991
   Record of traffic violations - see Ohio R.C. 4513.37
   Suspension of driver's license - see TRAF. 408.03; GEN. OFF. 698.07
   Obstructing justice - see GEN. OFF. 606.15
   Using sham legal process - see GEN. OFF. 606.28