EDITOR'S NOTE: The Mayor has jurisdiction to hear and determine any prosecution for the violation of a Municipal ordinance, and has jurisdiction in all criminal causes involving moving traffic violations occurring on State highways located within the corporate limits, subject to the right of the defendant to trial by jury and before an impartial magistrate.
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 Municipal ordinance, except in cases in which the penalty involved does not exceed a fine of one hundred fifty dollars ($150.00). Ohio R.C. 2937.08 and Criminal Rule 23(A) provide 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 and shall be transferred to a court of record in the County if the defendant:
(a) Does not waive his right to trial by jury in a serious offense case for which the penalty established by law includes confinement for more than six months, or
(b) Demands a jury trial in a petty offense case in which the penalty prescribed is a fine greater than one hundred fifty dollars ($150.00) and/or imprisonment for not more than six months. "Such demand must be in writing and filed 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 demand a jury trial as provided in this subdivision is a complete waiver of the right thereto."
In Ward v. Village of Monroeville, Ohio, 93 S. Ct. 80 (1972), the United States Supreme Court held that where the mayor before whom the defendant was compelled to stand trial was responsible for municipal finances and the mayor's court provided a substantial portion of municipal revenues, defendant was denied a trial before a disinterested and impartial magistrate as guaranteed by the due process clause of the United States Constitution.
The Supreme Court of Ohio has adopted the "Ohio Traffic Rules" which prescribe the procedure to be followed in the Mayor's Court in traffic cases. Rule 9(A) thereof states the jury demand shall be made pursuant to Criminal Rule 23 referred to above. Rule 9(B) sets forth the conditions under which the Mayor may hear a traffic case incorporating therein the holding in Ward v. Village of Monroeville as further interpreted in State, ex rel. Brockman v. Procter, 35 Ohio St. 2d 79 (1973): "Where, in a mayor's court, a defendant is entitled to a jury trial and a jury demand is made pursuant to Criminal Rule 23, the Mayor shall transfer the case pursuant to subdivision (C). If a jury demand is not made pursuant to Criminal Rule 23, and (or?) the defendant waives his right to jury trial in writing, a mayor may try the case 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 including mayors whose compensation as a judge is directly dependent upon criminal case convictions and mayors who as chief executive and administrative officer of the municipality are responsible for the financial condition of the municipality."
The procedure for transferring a case to a court of record is set forth in Rule 9(C): "Where a transfer is required, the mayor's court shall make a written order directing the defendant to appear at the transferee court, continuing the same bail, if any, and making appearance before the transferee court a condition of bail, if any. Upon transfer, the mayor's court shall transmit to the clerk of the transferee court the ticket and all other papers in the case, and any bail taken in the case. Upon receipt of such papers the clerk of the transferee court shall set the case for trial and shall notify the defendant by ordinary mail of his trial date."
Rule 13 provides that a court shall establish a traffic violation bureau and specifies certain restrictions as to the designated offenses and schedule of fines to be accepted as waiver payment in lieu of court appearance.
159.01 Court costs.
159.02 Notification of certain criminal offenses.
159.03 Sealing of official court records (expungement).
159.04 Mayor’s Court Magistrate.
159.05 Public Defender.
CROSS REFERENCES
Disposition of fines and costs - see Ohio R.C. 733.40
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
(a) The Clerk of Courts of Seven Hills Mayor's Court is hereby specifically authorized to collect sixty five dollars ($65.00) as and for court costs for all violations occurring in the jurisdictional limits of the City of Seven Hills, with the exception of Parking, Pedestrian and Seat Belt violations.
(b) The Clerk of Courts of the Seven Hills Mayor's Court is further specifically authorized to collect fifteen dollars and no cents ($15.00) as and for additional court costs for all violations of Ohio R.C. 4509.101, Finance Responsibility Law, for all violations heard in Mayor's Court in the City for which an order of suspension and/or impoundment is imposed.
(c) The Clerk of Courts of Seven Hills Mayor's Court is further specifically authorized to collect a total of twenty-nine dollars and no cents ($29.00) additional court costs pursuant to Ohio law to be paid to the Victims of Crime-State Reparation Fund and the State Treasury Indigent Defense Support Fund.
(d) The Clerk of Courts of Seven Hills Mayor's Court is further specifically authorized to collect thirty dollars and no cents ($30.00) as and for additional court costs pursuant to Ohio Law along with remittance of appropriate funds to the Ohio Bureau of Motor Vehicles for license forfeitures.
(e) The Clerk of Courts of Seven Hills Mayor's Court is further specifically required to collect an additional fee of five dollars ($5.00) for each case filed which funds shall be used for the computerization of the office of Clerk of Court.
(f) The Clerk of Courts of Seven Hills Mayor's Court is further specifically required to collect an additional fee of ten dollars ($10.00) for every continuance in a case after the first continuance request. The fee shall be assessed to court costs on each case and collected upon disposition of the case.
(g) The Clerk of Courts of Seven Hills Mayor's Court is further specifically required to collect an additional fifteen dollars ($15.00) for time to pay requests.
(h) The Clerk of Courts of Seven Hills Mayor's Court is further specifically required to collect a fee of one hundred dollars ($100.00) for every case where a warrant/capias has been issued. Such fee shall be deposited in the General Fund.
(i) The Clerk of Courts of Seven Hills Mayor's Court is further specifically required to collect an additional ten dollars ($10.00) for the Court Security Fund.
(j) The Clerk of Courts of Seven Hills Mayor's Court is further specifically required to collect an additional five dollars ($5.00) for a facility fee.
(k) The Clerk of Courts of Seven Hills Mayor's Court is allowed to collect a five dollar ($5.00) convenience fee for people who pay with a debit or credit card.
(l) The Clerk of Courts of Seven Hills Mayor's Court is further specifically authorized to impose an additional fee of five dollars ($5.00) for each traffic case filed which funds shall be forwarded to the Cuyahoga County Treasurer's Office to be deposited in the fund known as the CRIS Fund.
(m) The Clerk of Courts of Seven Hills Mayor's Court is further specifically authorized to collect a total of ten dollars and no cents ($10.00) additional court costs for all offenders who are convicted of, plead guilty to, or forfeit bail related to a moving violation. Pursuant to Ohio law, the Ohio Department of Public Safety's Office of Criminal Justice Services will receive thirty-five percent ($3.50) of this fee and the remaining sixty-five percent ($6.50) will be collected by the State Treasury to be credited to the Indigent Driver's Alcohol Treatment Fund and the Indigent Defense Support Fund.
(n) Schedule of Fines. The Mayor shall establish and publish a schedule of fines and costs for all traffic offenses that will parallel fines and costs for all traffic offenses issued at Parma Municipal Court. The schedule shall be prominently displayed at the place where fines are paid.
(1) Defendant's Appearance, Plea and Waiver of Trial. Within seven days after the date of issuance of the ticket, a defendant charged with an offense that can be processed by a traffic violations bureau may do either of the following:
A. Appear in person at the Traffic Violations Bureau, sign a plea of guilty and waiver of trial provision of the ticket, and pay the total amount of the fine and costs;
B. Sign the guilty plea and waiver of trial provision of the ticket and mail the ticket and a check, money order, or other approved form of payment for the total amount of the fine and costs to the Traffic Violations Bureau.
(2) The Mayor's Court may establish a procedure for accepting, through its traffic violations bureau, guilty pleas, waivers of trial, and payments of fines and costs. Remittance of the fine and costs to the Traffic Violations Bureau by any means other than personal appearance by the defendant at the bureau constitutes a guilty plea and waiver of trial whether or not the guilty plea and the waiver of trial provision of the ticket are signed by the defendant.
(Ord. 82-2016. Passed 7-25-16.)
(a) The Clerk of Courts is hereby directed, authorized and required to notify the Bureau of Criminal Investigation of the disposition of misdemeanor cases of which the commission of a similar offense a second time may constitute a felony.
(b) The Clerk of Courts shall notify the Bureau of Criminal Investigation of the disposition within ten days of notice of disposition of the subject criminal case.
(Ord. 56-1988. Passed 11-28-88.)
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