EDITOR'S NOTE: Pursuant to the authority of Ohio R.C. 1905.01, the Village of Valley View has established a Mayor's Court. This section provides that such Court has
".....jurisdiction to hear and determine any prosecution for the violation of an ordinance of the municipal corporation, and has jurisdiction in all criminal causes involving moving traffic violations occurring on state highways located within the boundaries of the municipal corporation, subject to the limitations of sections 2937.08 and 2938.04 of the Revised Code."
However, the statutory jurisdiction of most Ohio Mayor's Courts was circumscribed by the United States Supreme Court in the case of Ward v. Village of Monroeville, 409 US 57, 61 Ohio Op. 2d 292 (1972), reversing Village of Monroeville v. Ward, 27 Ohio St. 2d 179 (1971), which held that where a mayor has wide executive powers with respect to the operation of the municipal government, he cannot be regarded as an impartial judge in a contested Mayor's Court proceeding and that the holding of such a trial would deny a defendant constitutional due process of law.
Based upon the Ward case and the legal powers, duties and responsibilities of the Mayor of the Village of Valley View, it would appear that while the Mayor can accept a free and voluntary plea of "guilty" or "no contest" or a forfeiture of collateral, he must, where a defendant enters a plea of "not guilty, " order the removal of the case to the Garfield Heights Municipal Court for further proceedings. See also Rule 9 - Jury Demand, of the Rules of Practice and Procedure in Traffic Cases for All Courts Inferior to Common Pleas, effective January 1, 1975, as amended.
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).
290.01 Enforcement and Education Fund.
CROSS REFERENCES
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
Mayor - see ADM. Ch. 230
Disobeying court commands; failure to appear; contempt of court - see GEN. OFF. 606.145
Obstructing justice - see GEN. OFF. 606.15
Using sham legal process - see GEN. OFF. 606.27