CHAPTER 161
Mayor's Court
Mayor's Court
EDITOR’S NOTE: Ohio R.C. 1905.01 provides that the Mayor of Independence has jurisdiction to hear and determine any prosecution for the violation of an Independence ordinance, and has jurisdiction in all criminal causes involving moving traffic violations occurring on State highways located within the corporate limits of Independence, subject to the limitations of Ohio R.C. 2937.08 and 2938.04. In keeping his docket and file, the Mayor 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 a 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 Cuyahoga County (the Garfield Heights Municipal Court), 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. However, Rule 23(A) of the Ohio Rules of Criminal Procedure provides that in petty offense cases, where there is a right of jury trial, the defendant shall be tried by the court unless he demands a jury trial. But the jurisdiction of a Mayor's Court, in such cases, is further limited by Rule 9 of the Ohio Traffic Rules, which provides that if a jury demand is not made pursuant to Criminal Rule 23, and the defendant waives his right to jury trial in writing, a mayor may try the case only if (1) his compensation as a judge is not directly dependent upon criminal case convictions, or (2) he is not the chief executive and administrative officer of the municipality and as such responsible for the financial condition of the municipality. Guilty and no contest pleas may be taken by any mayor.
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 later. However, Rule 23(A) of the Ohio Rules of Criminal Procedure, which presumptively supersedes Ohio R.C. 2938.04, provides that right to trial by jury shall be claimed by making demand in writing therefor and filing the same with the clerk of court not less than ten days prior to the date set for trial, or on or before the third day following receipt of notice of the date set for trial, whichever is later. Failure to claim jury trial as provided herein is a complete waiver of right thereto. Ohio R.C. 2938.04 provides, further, that 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 Independence ordinance, except in cases in which the penalty involved does not exceed a fine of one hundred fifty dollars ($150.00).
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 March 2, 1969. Amended Rules, referred to as the Ohio Traffic Rules, became effective on January 1, 1975.
Effective October 20, 1987, Mayors of Mayor's Courts were authorized to suspend or revoke 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 333.01 of the Traffic Code (DWI), in accordance with Ohio R.C. 4507.16(B).
161.01 Fees.
161.02 Contempt power of Mayor.
161.03 Arrest for contempt; penalty.
161.04 Clerk of Court/Probation Officer-Police Deputy. (Repealed)
161.05 Underpayment and overpayment of fines and court costs.
161.06 Deposit of public monies.
CROSS REFERENCES
Mayor's powers and duties - see Ohio R.C. 1905.20 et seq.
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
Deposit for warrant of arrest - see GEN. OFF. 606.26
Prosecutor - see ADM. 135.01