Section
298.01 Jurisdiction in ordinance, O.V.I. and other traffic violations
298.02 Powers of Mayor and Magistrate in criminal matters
298.03 Powers of Mayor and Magistrate re O.V.I.
298.04 Establishment of Mayor’s Magistrate’s court
Editor’s note:
The ability of a Mayor to preside over a Mayor’s Court was significantly affected by DePiero v. City of Macedonia, 180 F.3d 770 (6th Cir. 1999), cert. denied, 120 S. Ct. 844 (2000). The DePiero case essentially put all municipalities on notice that a defendant’s due process rights may be violated each time the Mayor presides over the Mayor’s Court. Such notice suggests that a Mayor presiding over Mayor’s Court after June 23, 1999 (the date of issuance of the opinion) could be personally liable to such a defendant for compensatory and punitive damages. As a result of this case, many municipalities now have a Magistrate preside over their Mayor’s Court pursuant to R.C. § 1905.05. Please consult your Village Attorney if you have any questions regarding the impact of this case.
CROSS REFERENCES
See section histories for similar state law
Contempt of court, see R.C. §§ 1905.28, 2935.11
Detection and arrest, see R.C. Ch. 2935
Disposition of fines and other moneys, see § 232.12
Driving while intoxicated or drugged, see § 434.01
General offenses code penalties and sentencing, see Ch. 698
Mayors’ Courts, see R.C. Ch. 1905
Peace and search warrants, see R.C. Ch. 2933
Preliminary examination; bail, see R.C. Ch. 2937
Record of traffic violations, see R.C. § 4513.37
Traffic code penalties and sentencing, see Ch. 408
Trial, see R.C. Ch. 2938