City of Dublin - Mayor's Court
Court Rules
Section |
Organizational Rules |
Case Numbering |
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Court Schedule |
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Order of Cases in Court |
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Hearing of Cases by Judicial Officer other than Mayor |
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Time-stamping of Items Received by the Court |
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Joinder and Separation of Cases |
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Size of Paper Filed |
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Recording of Court Proceedings |
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Caseflow Management |
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Motions Practice |
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Section |
Procedures Rules |
Continuances |
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Additional Conditions of Probation on Alcohol/Drug Related Offenses |
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Use of Signature Stamp |
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Authorization of a Summons and/or a Warrant |
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Authorization to Waive Fees and Recall Warrants |
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Transfer of Cases to Municipal Court |
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Process for Cases Involving City of Dublin Employees Directly Involved in Court Operations |
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Process for Cases Involving City of Dublin Employees Not Directly Involved in Court Operations |
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Options on MM and M4 Cases with a Warrant |
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Options on M3-M1 Cases with a Warrant |
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Late Enforcement |
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Bond Case Transfers |
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Electronically Produced Citations |
|
Section |
Violation Bureau |
Establishment of Violation Bureau |
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Payable Offenses and Fine Schedule |
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Deviation from Designated Bond |
|
Forms of Acceptable Payments |
|
Overpayments |
When filed with the Clerk’s office, cases will be categorized as traffic, criminal, or parking cases. Each category will be serially numbered on an annual basis beginning with January first of each year. The case number for each case will consist of the last two digits of the year / case type / case sub-types / case number. This system is in accordance with the Ohio Supreme Court Rule of Superintendence number 43.
Court nights shall be normally scheduled for every Tuesday night as follows:
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Arraignments at 5:00 p.m.
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Pleas at 5:30 p.m.
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Trials at 6:30 p.m.
Pre-trials with the Prosecutor will be scheduled on an as-needed basis on Mondays at 2:30 p.m.
Vehicle Release Hearings and ALS Hearings will be scheduled on an as-needed basis on Tuesdays at 4:00 p.m.
Diversion Hearings will be scheduled with the Diversion Officer on an as-needed basis on Tuesdays at 3:30 p.m.
Prisoner Hearings will be schedule on an as needed basis according to the following schedule:
| Date of Arrest | Arraignment Date and Time |
| Friday after 7:00 a.m. through Monday at 7:00 a.m. |
Monday at 8:00 a.m. |
| Monday after 7:00 a.m. through Tuesday at 2:00 p.m. |
Tuesday at 5:30 p.m. |
| Tuesday after 2:00 p.m. through Friday at 7:00 a.m. |
Friday at 8:30 a.m. |
The Court will publish the court schedule each December for the following year. The Mayor and the Director of Court Services shall approve any changes from this schedule.
Rule 1.3 Order of Cases in Court
Cases shall be presented to the Court in the following order:
1.) Probation matters
2.) Prisoners
3.) Cases requiring an interpreter
4.) Cases with counsel
5.) All other matters
Any deviations must be approved by the Director of Court Services.
Rule 1.4 Hearing of Cases by Judicial Officer other than the Mayor
In the event the Mayor is unable to preside on the bench, either the Magistrate (who is appointed by the Mayor) or the Vice-Mayor shall preside. If the Vice-Mayor is to preside, the Mayor shall complete an entry stating as much. The entry is to be time-stamped and a file maintained by the Director of Court Services.
Rule 1.5 Time-Stamping of Items Received by the Court
All tickets, citations, complaints, reports, motions, mail, correspondence, and any other case-related material received by the Court shall be time-stamped to show the date and time of receipt.
Rule 1.6 Joinder and Separation of Cases
Criminal and traffic cases which are filed at the same time against the same defendant shall be adjudicated together throughout the entire Court process. Any motions for separation must be approved by the Mayor.
All pleadings, motions, briefs, and other papers filed with the Clerk’s Office shall be on paper not exceeding 8 ½ in. x 11 in. in size.
Rule 1.8 Recording of Court Proceedings
In accordance with Mayor’s Court Rule 11(B)(2), all court proceedings shall be recorded and maintained according to the City’s Record Retention Schedule.
Although Mayor’s Court’s are under no obligation to follow the Supreme court of Ohio’s Rules of Superintendence, the City of Dublin chooses to follow the Rules of Superintendence in the area of case management. The Court will strive to complete its cases within the time limits prescribed by the Supreme Court reporting rules for Municipal Courts. The current time limit for criminal, traffic, and OMVI cases is 6 months. A quarterly report listing all cases over the prescribed time limit will be generated by the Clerk’s office and reported to the Mayor.
All motions must be presented and filed in duplicate, in writing, accompanied by sufficient memoranda not less then 14 days before the next hearing date for the case. Unless the following statement appears prominently on the first page of the motion, no oral hearing will be permitted: “Counsel requests an oral hearing at which _______ witnesses will be presented.” All parties wishing to respond in writing to a motion shall do so in duplicate not later than the tenth day following service of the motion on the responding party. Motions, where an oral hearing is requested, will be heard during the next scheduled Court night. A party may not file a motion prior to the entry of a plea in misdemeanor, criminal and traffic cases, except motions listed as exceptions in Criminal R. 12(B)(2) and motions listed as exceptions in Ohio Traffic Rule 11(B)(1).
Rule 2.1 Continuances
Requests for Continuances shall be made in writing to the Court. Faxed copies of the request shall be accepted. All Requests for Continuances shall be to a date certain. The date can be determined by contacting the Clerk's office. All continuances granted by the Court shall have the name of the Mayor printed approving the continuance and initialed by the Clerk. The person accepting the continuance will enter the case information into the computer. The computer will generate a log listing all of the continuances issued for the week. The Mayor, or his/her designee acting on his/her behalf as presiding judge, shall sign the log within a week, approving all such continuances.
Requests for continuances on cases going to trial shall be made at least 7 calendar days prior to the Court date in order to allow the Court Clerk time to contact all parties involved via phone or mail. Any requests made less than 7 days prior to the trial date shall have the prior approval of the Mayor or Magistrate. The Court Clerk will make every attempt to confirm the continuance with all parties and witnesses.
The Court Clerk's office is hereby granted permission to continue the case a maximum of 2 times not to exceed a total period of 2 months total without the prior approval of both the Prosecutor and the Defendant. Any further continuances are subject to the leave of the Court unless mutually agreed. All cases will strive to be completed within the Court's guidelines for Case Management.
Rule 2.12 Bond Case Transfers
Effective May 18, 2004, if a case is to be transferred to the appropriate municipal court, a bond or recognizance is to be entered. If a bond has been previously entered on the case, the bond will transfer to the municipal court. If a bond has not been previously entered, a personal recognizance will be entered into by the defendant to ensure their appearance unless the Mayor/Vice-Mayor/Magistrate orders a cash bond in their case.
Rule 2.13 Electronically Produced Citations
Effective May 18, 2004, the City of Dublin Division of Court Services hereby authorized the use and filing of a ticket that is produced by computer or other electronic means. The electronically produced ticket shall conform in all substantive respects to the Ohio Uniform Traffic Ticket in a format approved by the Director of Court Services. If an electronically produced ticket is issued at the scene of an alleged offense, the issuing officer shall provide the defendant with a paper copy of the ticket.
Rule 2.2 Additional Conditions of Probation on Alcohol/Drug Related Offenses
All probationers convicted of an OMVI offense in the City of Dublin Mayor’s Court shall, unless otherwise directed by the Court, be required to attend a victim impact panel presentation, submit to an alcohol/drug evaluation, and abide by any aftercare recommendations.
All probationers convicted of a drug-related offense in the City of Dublin Mayor’s Court shall, unless otherwise directed by the Court, be required to submit to an alcohol/drug evaluation and abide by any aftercare recommendations.
These requirements shall be part of the Rules of Probation and shall have the full effect of being ordered by the Court. Any deviations from this rule must be approved by the Mayor.
Rule 2.3 Use of Signature Stamp
The Mayor, or the Judicial Officer acting on his/her behalf, shall personally sign orders for warrants, transfers to municipal court, limited driving privileges, and the orders granting limited driving privileges. The signature stamps of the Mayor and/or all other Judicial Officers may be used for orders for summons, vehicle releases, automatic license suspensions appeals, and continuances (see Court Rule 2.1). Any other uses for the signature stamp(s) shall have prior approval of the Mayor or Magistrate.
Rule 2.4 Authorization of a Summons and/or a Warrant
The Mayor/Magistrate, or their designee, shall make the determination of which cases shall receive a summons or a warrant as a result of not appearing for a scheduled Court hearing. Once the entry for the summons or warrant is made on the file, the Mayor/Magistrate authorizes the Court Clerks to process and sign the summons and/or warrants and to affix the Court's seal. Prior to the actual mailing and/or delivery to the Division of Police of a summons or a warrant, the Court Clerk may cancel issuance of said summons or warrant if the defendant properly files for a continuance or pays all fines and costs associated with the citation.
Rule 2.5 Authorization to Waive Fees and Recall Warrants
The Mayor hereby authorizes the Director of Court Services (or the Court Clerk in the Director’s absence) the discretion to waive established court fees and recall warrants, when just cause is shown in order to preserve the integrity of the City of Dublin Mayor’s Court.
Rule 2.6 Transfer of Cases to Municipal Court
Ohio Revised Code Section 1905.032 states “if a Mayor transfers a case…, the Mayor shall require the person charged to enter into a recognizance to appear before the Court to which the case is transferred.” The section also states “the Mayor shall certify all papers filed with the case, together with a transcript of all proceedings, accrued costs to date and the recognizance given, to the Court to which the case is transferred.” The section also states “the Mayor shall certify all papers filed with the case, together with a transcript of all proceedings, accrued costs to date and the recognizance given, to the Court to which the case is transferred.” In accordance with this section of the ORC, the Court Clerks shall prepare all papers necessary for the transfer and present them to the Mayor for his/her signature.
Rule 2.7 Process for Cases Involving City of Dublin Employees Directly Involved in Court Operations
This rule applies to City of Dublin personnel and their immediate families (spouses and children) who are directly involved in Court operations. Included in this rule are all Division of Court Services personnel, the City Law Director, Assistant Law Director, Prosecutors, the City Manager, the Mayor, the Vice-Mayor, and the Magistrate. Any deviations from this rule shall include a written justification for the deviation signed by the Mayor.
If the citation is waiverable, the defendant may pay the posted fine and costs.
If the case requires a mandatory Court appearance, or if the defendant wishes to go before the Court, the case shall immediately be transferred to Municipal Court.
If the defendant is eligible for either juvenile or adult diversion, the case will be reviewed for appropriateness by the Director of Court Services, who will make the final decision on acceptance into the program.
Rule 2.8 Process for Case Involving City of Dublin Employees Not Directly Involved in Court Operations
This rule applies to all City of Dublin personnel and their immediate families (spouses and children) not defined as directly involved in Court operations (Court Rule 2.7) when they are defendants in the City of Dublin Mayor’s Court. Any deviations from this rule shall include a written justification for deviation signed by the Mayor.
If the citation is waiverable, the defendant may pay the posted fine and costs.
If the defendant wishes to plead no contest or guilty to a waiverable offense or a mandatory appearance offense, he/she may do so. If there is a perceived conflict by the Mayor, or other Judicial Officer, sentencing will be held at a later date before the Magistrate.
If the defendant wishes to plead not guilty to any offense, the case shall be set before the Magistrate.
If the defendant is eligible for either juvenile or adult diversion, they shall be afforded the opportunity to enter the program.
This rule does not affect the right of the Mayor to transfer any case to Municipal Court when appropriate.
Rule 2.9 Options on MM and M4 Cases With a Warrant - REVISED FEBRUARY 8, 2005
Minor Misdemeanor (MM) and Misdemeanor of the Fourth Degree (M4) cases with a warrant will be offered the following options:
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On pre-convictions cases, the defendant will be given the opportunity to post a bond according to the bond schedule, or execute a payout equal to the fine amount in the fine schedule plus all accrued costs/fees. The payout option is available only on charges listed on the fine schedule as waiverable. Failure to take either action will result in the defendant being held in jail pending a hearing.
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On post-conviction cases when the issue causing the warrant to be issued is a failure to pay fines and/or costs/fees, the defendant may execute a payout in the amount of all outstanding fines, costs, and/or fees. Failure to do so will result in the defendant being held in jail pending a hearing.
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On post-conviction cases when the issue causing the warrant to be issued is something other than a failure to pay fines and/or costs/fees, the defendant will be given the opportunity to post a bond according to the bond schedule plus all accrued costs/fees. Failure to do so will result in the defendant being held in jail pending a hearing.
Rule 2.10 Options on M3-M1 Cases With a Warrant - REVISED FEBRUARY 8, 2005
Misdemeanor of the Third Degree (M3), the Second Degree (M2), and the First Degree (M1) cases with a warrant will be offered the following options:
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On pre-conviction cases, the defendant will be afforded the opportunity to post a bond according to the bond schedule. Failure to do so will result in the defendant being held in jail pending a hearing.
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On post-conviction cases when the issue causing the warrant to be issued is a failure to pay fines and/or costs/fees, the defendant may execute a payout in the amount of all outstanding fines, costs, and fees accrued. Failure to do so will result in the defendant being held in jail pending a hearing.
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On post-conviction cases when the issue causing the warrant to be issued is something other than a failure to pay fines and/or costs/fees, the defendant will be given the opportunity to post a bond according to the bond schedule plus all accrued costs/fees. Failure to do so will result in the defendant being held in jail pending a hearing.
Rule 2.11 Late Enforcement
When the Court Clerk has determined a defendant on Probation has a later enforcement, the Court Clerk shall notify the Probation Officer of the late enforcement and add 30 days to the enforcement date. The Probation Officer shall then be responsible for obtaining compliance by the defendant or file a statement of violations before the end of the new enforcement period.
When the Court Clerk has determined a defendant has a late enforcement on any other case, the case will be set for the next Court date. If the case comes into compliance before the Court date, the Director of Court Service is authorized to accept and sign for late enforcements.
Rule 3.1 Establishment of Violation Bureau
In accordance with Traffic Rule 13 and Criminal Rule 4.1, a Traffic/Criminal Violation Bureau is established and the Director of Court Services is designated as the violations clerk. The Mayor shall review the schedule of fines and costs annually. The schedule of fines and costs shall be prominently displayed at the place where fines are paid. All procedures stated in Traffic Rule 13 and Criminal Rule 4.1 shall be strictly followed.
Rule 3.2 Payable Offenses and Fine Schedule
All M4 and MM traffic moving violations shall be payable offenses except those specifically excluded by Traffic Rule 13, traffic offense 71.11 (illegal plates), or those citations in which the arresting officer has required a court appearance pursuant to ORC Section 2935.26. Only offenses listed on the fine schedule are payable offenses.
Rule 3.3 Deviation from Designated Bond
The bond schedule is established by the Mayor. Only the Mayor/Magistrate may deviate from the schedule. If a deviation is warranted, the Mayor/Magistrate shall be contacted prior to accepting a lesser bond amount or issuing a summons in lieu of posting a bond. In the event the Mayor is unavailable, the Vice-Mayor is to be contacted. Any deviations from the bond schedule should be rare and based upon special or extenuating circumstances.
Rule 3.4 Forms of Acceptable Payments
Payments for fines and/or costs may be made by cash, credit card, money order, or personal check (if it is from a local bank). Payments for bonds must be made by cash, credit card, surety, or money order. No personal checks will be accepted for bond payments. In accordance with Traffic Rule 13, the Court will accept credit card payments via information provided on the telephone, fax transmissions, the internet, or via the mail. Once a payment has been received, it constitutes a guilty plea and a wavier of trial rights.
Any overpayment of $5.00 or less will be receipted as an additional ticket processing fee and sent to the City’s general fund.