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Two trends stand out with mayor’s courts in 2007, according to a Supreme Court of Ohio summary released today: the number of cases pending at year end beyond the recommended timeframe has increased three-fold since 2004, and the number of cases tried by mayors has decreased nearly 50 percent since 2004.
Ohio law allows mayors of municipalities with more than 100 residents without a municipal court to conduct mayor’s court. These courts hear only cases involving violations of local ordinances and state traffic laws. Ohio had 335 mayor’s courts in operation last year.
In 2007, Ohio’s mayor’s courts had 4,514 pending cases beyond the recommended timeframe – six months – at the end of the year compared to 1,505 in 2004. This number has increased steadily year to year.
While trials conducted by mayors have dropped from 2,075 in 2004 to 1,080 in 2007, magistrates have increasingly filled the void. In 2004, magistrates conducted 3,758 trials in mayor’s courts compared to 6,033 last year.
A 1999 federal court decision found there to be an unconstitutional conflict when a mayor can level a fine that is paid into a budget the mayor controls. Many cities and villages have attempted to address this conflict by hiring magistrates.
Two mayor’s courts – in Martinsville in Clinton County and Mowrystown in Highland County – did not record any case activity in 2007. Of those mayor’s courts recording case activity in 2007, Linndale in Cuyahoga County reported 4,061.5 cases per 100 residents, the most in the state while Shawnee in Perry County reported .3 cases per 100 residents, the fewest in the state.
Some other statistics from the summary include:
In 2003, the General Assembly made mayor’s court registration and reporting with the Supreme Court mandatory for the first time, and beginning in 2004 the courts began filing quarterly reports under the new law. Mayor’s courts operate largely outside the judicial system as quasi-judicial bodies administered by mayors in the executive branch.
Legislation that would incorporate mayor’s courts in the judicial system under the authority of the Supreme Court is pending in the General Assembly. House Bill 154, sponsored by Rep. Larry Wolpert (R-Hilliard), would transfer cases in mayor’s courts in municipalities with a population under 1,600 to the local municipal court and make other reforms. Chief Justice Thomas J. Moyer supports the legislation. The substitute version of House Bill 154 calls for the magistrate presiding over a community court to be appointed by the community instead of by an administrative judge. This is a change from the original version as introduced.
The 2007 Mayor’s Court Summary can be viewed online by visiting: www.supremecourtofohio.gov/publications/default.asp.
Contact: Chris Davey or Bret Crow at 614.387.9250.