EDITOR'S NOTE: Ohio R.C. 1905.01 provides that the Mayor of Richfield has jurisdiction to hear and determine any prosecution for the violation of a Richfield ordinance, and has jurisdiction in all criminal causes involving moving traffic violations occurring on State highways located within the corporate limits of Richfield, 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 Summit County (Akron Municipal Court), and the magistrate shall thereupon certify all papers filed, together with a transcript or 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 Richfield 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, pursuant to the authority granted it under Ohio R.C. 2935.17 and 2937.46 has amended the "Rules of Practice and Procedure in Traffic Cases for All Courts Inferior to Common Pleas". The amended rules, styled as the "Ohio Traffic Rules" become effective January 1, 1975.
171.01 Clerk of Courts and Court Administrator.
171.02 Assistant Clerk of Courts.
171.03 Collection of judgments and contempt of Mayor's Court orders.
171.04 Mayor's Court Enforcement and Education Fund.
171.05 Mayor to accept seized cash and property in accordance with Comprehensive Drug Penalty Act.
171.06 Mayor to accept cash from drug fines; Fund established.
171.07 Mayor to accept cash, vehicles and property seized in accordance with Contraband Seizure Forfeiture Act.
171.08 Costs for computerization of Clerk of Court.
CROSS REFERENCES
Mayor's Court jurisdiction - see Ohio R.C. 1905.01 et seq.
Mayor's powers in criminal matters - see Ohio R.C. 1905.20 et seq.
Notification to Director of liquor law convictions - see Ohio R.C. 430l.991
Record of traffic violations - see Ohio R.C. 4513.37