Instructions for Preparation of the Mayor's Courts Registration and Reporting FormEffective November 2004 I. MATHEMATICAL ACCURACY AND CONSISTENCY A. Mathematical Accuracy. Reports will be considered mathematically accurate if the tests set forth in divisions (A)(1) through (A)(3) (B) are met. 1. The sum of cases pending on the first day of the period, new cases filed, and cases transferred in, reactivated, or redesignated, minus the total cases terminated, must equal the cases pending at the end of the period. 2. The sum of cases in every column on a given line must equal the cases in the Total column for that line. 3. Where a Total column intersects a Total line, the entry must be the same, whether arrived at by adding horizontally or vertically. B. Month to Month Consistency. The number of cases reported to be pending at the end of any reporting period must equal the number of cases reported as pending at the beginning of the next reporting period. C. Correction of Reporting Errors. When errors are discovered on any report that has been submitted to the Case Management Programs/ Court Statistical Reporting Section of the Supreme Court of Ohio, the preparer shall submit a corrected report for the same reporting period and clearly indicate on the face of the report that it is corrected. The preparer shall explain the nature of the error or errors being corrected and shall specifically refer to the line number and column letter designations of the erroneous entry or entries. Where an error can not be traced to a specific report period, adjustments shall be made on the current report form. Time guidelines shall be computed based on the original filing date. In accordance with I. B. above, the number of cases reported as pending at the end of any reporting period will always equal the number of cases reported as pending at the beginning of the next reporting period even when adjustments are necessary. II. COMPREHENSIVENESS AND COHERENCE: PREPARATION OF THE REPORTS While mathematical accuracy and internal consistency may be controlled by thorough auditing, comprehensiveness (reporting the filing and terminations of all cases) and coherence (all courts consistently defining and reporting cases with similar fact patterns in a similar way) can be accomplished only by carefully observing the definitions applicable to each column and line. III. MAYOR'S COURT - REPORT A. Each mayor of a municipal corporation or village which operates a mayor's court shall submit to the Case Management Programs/ Court Statistical Reporting Section of the Supreme Court the following reports on a form prescribed by the Section. B. The Mayor's Court Report is to be completed quarterly and submitted to the mayor, who signs the report. Completed forms should be sent to the Case Management Programs/Court Statistical Reporting Section of the Supreme Court. The report must be received by the Case Management Programs/Court Statistical Reporting Section by the fifteenth day following the end of the quarter. The reports will cover the following periods: January, February, March = First Quarter (report due April 15) C. Registration - Information requested Court = Name of mayor's court D. Report Columns - Definitions Each column on the Mayor's Court Report is marked with an alphabetic designator. These letters, when used with the horizontal line numbers, identify any entry and shall be referred to when reports are being amended or questioned. The following definitions describe the types of cases that should be reported in each column and may be used in connection with the case numbering provisions contained in Sup. Rule 43. 1. Misdemeanors - Column B. A misdemeanor is defined by section 2901.02 of the Revised Code and Criminal Rule 2 as an offense specifically classified as a misdemeanor, or an unclassified offense for which imprisonment of not more than one year can be imposed. Violations of state law as well as local ordinances satisfying this definition, except those that should be reported in Columns C and D, should be reported in Column B. (a) Operating vehicle while under the influence (O.V.I.) and Other Traffic cases are reported separately in Columns C and D, and are NOT to be reported in Column B. (b) When an accused is charged with an offense classified as a Misdemeanor and an offense classified as an O.V.I. or Other Traffic arising out of the same act or transaction or series of acts or transactions, the case should be reported in both columns. (c) See Sup. Rule 43 and its Comment for a recommended case numbering system to be used when an accused is charged with two or more offenses that fall into different classifications, and therefore could be reported in different columns. 2. O.V.I. - Column C. O.V.I. is an offense that charges a violation of section 4511.19 of the Revised Code or any local ordinance that similarly prohibits operating a vehicle while under the influence of alcohol or any drug of abuse. Any case satisfying this definition should be reported in Column C. (a) When an accused is charged with an offense classified as a Misdemeanor and an offense classified as O.V.I. or Other Traffic arising out of the same act or transaction or series of acts or transactions, the case should be reported in both columns. (b) When an accused is charged with an offense classified as O.V.I. and any offense classified as Other Traffic arising out of the same act or transaction or series of acts or transactions, the case is to be reported only in Column C. (c) While O.V.I. cases also satisfy the definition of misdemeanor contained in the instructions for Column B, O.V.I. cases should be reported only once, in Column C. (d) See Sup. Rule 43 and its Comment for a recommended case numbering system to be used when an accused is charged with two or more offenses that fall into different classifications. 3. Other Traffic - Column D. Other Traffic is defined as any violation of state law or local ordinance arising out of the use of any type of motor vehicle that generally is used on the roads of the state, except an offense that charges a violation of section 4511.19 of the Revised Code (O.V.I.) or any local ordinance that prohibits the operation of a vehicle while under the influence of alcohol or any drug of abuse. Any case satisfying this definition should be reported in Column D. (a) When an accused is charged with an offense classified as O.V.I. and any offense classified as Other Traffic arising out of the same act or transaction or series of acts or transactions, the case is to be reported only in Column C. (b) When an accused is charged with an offense classified as a Misdemeanor and an offense classified as Other Traffic arising out of the same act or transaction or series of acts or transactions, the case should be reported in both columns. (c) Juvenile tickets clerked or handled through a diversion program are NOT to be reported in Column D or anywhere on this report form. (d) Parking violations of any type, even if contested, are NOT to be reported in Column D or anywhere else on this report form. (e) See Sup. Rule 43 and its Comment for a recommended case numbering system to be used when an accused is charged with two or more offenses that fall into different classifications. 4. Total - Column T. This column is used to report the sum of cases in Columns B, C and D on the horizontal line of the Mayor's Court Report Form. An entry should appear in this column for each line except Line 18. If no activity is reported in any column for a particular line, a zero should appear in Column T for that line. E. Report Lines - Definitions Each line on the Mayor's Court Report is marked with a numeric designator. These numbers, when used with the vertical column letters, may be used to identify any entry. The following definitions describe the types of case activity that should be reported on each line and should be used with the case numbering provisions contained in Sup. Rule 43. 1. Pending Beginning of Period - Line 1. All cases pending at the beginning of the reporting period must be reported on this line. Line 1 must be the same as Line 16 (Pending End of Period) of the Mayor's Court Report filed for the preceding quarter. 2. New Cases Filed - Line 2. All new cases filed during the reporting period must be included in the appropriate column on this line. For purposes of calculating the age of the case, the time begins when the case was first reported as filed in most circumstances. 3. Cases Transferred In, Reactivated, or Redesignated - Line 3. (a) All cases that previously have been terminated are to be reported in the appropriate column on Line 3 during any reporting period in which they are reactivated for further proceedings. A Misdemeanor, O.V.I., or Other Traffic case that previously has been terminated because of the unavailability of the accused is reactivated and reported on Line 3 if the accused subsequently becomes available. The indicated time period for termination is suspended for the period the accused is unavailable for trial. A case previously terminated on the merits and subsequently reactivated because of a probation violation or other similar post-decree motion, shall not be reported on this line or anywhere else on this report. (b) A case initially may be reported in a particular column and it later may become apparent that the case should be classified in a different category. In that event, the case should be reported as terminated on Line 14 and reported as a redesignated case in the appropriate column on this line. For example, a case may be filed or reported in Column D as an Other Traffic case. The case should have been reported as an O.V.I. case. In that situation, the case would be reported as terminated on Line 14 (Other Terminations), Column D, and entered as a redesignated case in Column C (O.V.I.) on Line 3. (c) A case previously terminated by transfer to other court and subsequently remanded to mayor's court for disposition on the merits is reactivated on Line 3 in the appropriate column on this report. The indicated time period for termination begins upon reactivation. 4. Total - Line 4. The sum of Lines 1, 2, and 3 in each column should be reported on Line 4. When added horizontally, the sum of the entries on Line 4 in Columns B through D must equal the sum of Lines 1, 2, and 3 in Column T. TERMINATIONS A criminal case (Misdemeanor, O.V.I., or Other Traffic) is considered terminated for reporting purposes when a sentencing entry is filed with the clerk of courts for journalization. In multiple charge cases, a case is considered terminated at the conclusion of all of the charges. The termination of a multiple charge case is based on the first applicable termination on the report form. For example, O.V.I. charge is dismissed and there is a guilty plea to minor traffic charge. The case will be reported in the O.V.I. category (Column C) as a guilty plea, since the guilty plea termination line appears before the dismissal line on the report form. 5. Trial- Line 5. This line is used to report the cases in each category that are terminated as a result of a trial by the mayor/acting mayor. A case is considered terminated by court trial if judgment is rendered after the first witness has been sworn. Thus, a case in which the defendant changes his or her plea or that is dismissed after the first witness has been sworn, is reported on this line at the conclusion of the proceedings. 6. Trial- Line 6. This line is used to report the cases in each category that are terminated as a result of a trial by magistrate. A case is considered terminated by court trial if judgment is rendered after the first witness has been sworn. Thus, a case in which the defendant changes his or her plea or that is dismissed after the first witness has been sworn, is reported on this line at the conclusion of the proceedings. 7. Guilty or No Contest Plea to Original Charge - Line 7. All cases in which the accused has entered a plea of guilty or no contest to the charge contained in the charging instrument are reported in the appropriate column on Line 7. If a defendant has previously entered a plea of not guilty and changes the plea after a witness is sworn, the case is reported in the appropriate column on Line 5 or 6. 8. Guilty or No Contest Plea to Reduced Charge - Line 8. All cases in which the accused has entered a plea of guilty or no contest to a charge or charges that results in a lesser penalty (fine, points, license suspensions, jail term) than contained in the charging instrument, are reported in the appropriate column on this line. For example, if a defendant is charged with Driving Under Suspension and pleads to a reduced charge of No Operators License, the case would be reported on this line. If a defendant has previously entered a plea of not guilty and changes the plea after a witness is sworn, the case is reported in the appropriate column on Line 5 or 6. 9. Transfer to Other Court - Line 9. Cases transferred from a mayor's court to another court are reported in the appropriate column on Line 9. 10. Dismissal for Lack of Speedy Trial or Want of Prosecution - Line 10. Cases that are dismissed for failure of the accused to receive a speedy trial pursuant to section 2945.73 of the Revised Code and cases dismissed for want of prosecution pursuant to Sup. Rule 40 are reported on this line. 11. Other Dismissals - Line 11. Cases dismissed with or without prejudice for any reason other than those described on Line 10 are reported in the appropriate column on Line 11. 12. Violations Bureau - Line 12. Misdemeanor and Other Traffic cases that are disposed of by payment to a violations bureau are reported on Line 12. 13. Unavailability of Accused - Line 13. Misdemeanor, O.V.I., and Other Traffic cases that are terminated because of the unavailability of the accused are reported on Line 13. For example, a party may be unavailable because of mental status, incarceration on other charges, or flight from prosecution or custody. A case should be reported on this line only when the court, in the exercise of discretion, determines that there is little likelihood that the accused will be available for trial, hearing, or sentencing within a reasonable period of time and issues a warrant. The case is reactivated and reported on Line 3 if the accused subsequently becomes available. The time guideline is suspended for the period the case is considered inactive. 14. Other Terminations - Line 14. Any case terminated in any manner, not specifically required to be reported on Lines 5 through 13, is reported on Line 14. 15. Total - Line 15. The sum of Lines 5 through 14 is reported on Line 15. When added horizontally, the sum of Columns B through D reported in Column T on this line must equal the sum of Lines 5 through 14 in Column T. 16. Pending End of Period - Line 16. The number of cases pending at the close of business on the last day of the reporting period is reported in the appropriate column on Line 16. This figure should equal the number of cases reported terminated in each column on Line 15 subtracted from the number of cases reported in each column on Line 4. 17. Cases Pending Beyond Time Guideline - Line 17. The number of cases pending as reported on Line 16 for a period of time in excess of the applicable time guideline is reported on Line 17. (a) The time guideline for each category of case is indicated on the line immediately above Line 17. (b) To compute the length of time a case has been pending, the starting date should be the date on which the case was originally filed. For example, you are submitting a report for the first quarter 2004 (January 1 through March 31). A case that was originally filed on June 15, 2003 would now be reported as 3 months over the time guideline. (c) It is recommended the mayor prepare a monthly report of cases pending beyond time guidelines. The report should indicate the reason a case (s) is pending beyond the time guidelines. This report is a case management tool to be used internally by the mayor's court and does not at this time need to be submitted to the Court Statistical Reporting Section. 18. Number of Months Oldest Case is Beyond Time Guidelines - Line 18. The number of months that the oldest case in each category reported on Line 17 is pending beyond the applicable time guideline is reported in the appropriate column on this line. This is the only line on the Mayor's Report that does not contain a number of cases; instead, this line contains the number of months a given case has been pending beyond the applicable time guideline. (a) The time guideline for each category of case is indicated on the line immediately above Line 17. (b) To compute the length of time a case has been pending, the starting date should be the date the case was originally reported as filed. 19. Cases Submitted Awaiting Sentencing Beyond Time Guideline - Line 19. Cases that are pending beyond the applicable time guideline as reported on Line 17, because the cases have been submitted and are awaiting the final judgment or sentencing, are reported in the appropriate column on Line 19. Cases pending beyond the applicable time guideline for any other reason are not included on this line. F. The mayor must sign and date the report on the line marked "Mayor's Signature". G. The preparer, if other than the mayor, must provide his or her name and telephone number and date the report on the line marked "Preparer‘s Name/Telephone. H. It is recommended that each court conduct an annual physical case inventory. (see Sup. Rule 38) |