Rule 5.0 Continuances

Requests for continuances shall be in written format and made either in person or via fax. Under no circumstances can a request for continuance be made verbally. In the event the continuance cannot be made in person or via fax, an exception can be made to allow the defendant or the defendant’s counsel to email the request. If the request is not made in person, it is the responsibility of the defendant or the defendant’s counsel to confirm the request was received by the clerk’s office.
All requests for continuances shall include the date and time the case is being continued to, a time waiver and the defendant or defendant’s attorney’s signature. The date is obtained by contacting the clerk’s office and the person accepting the continuance shall enter the information into the case management system. The clerk’s office shall generate a continuance log for the magistrate to sign, 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 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 a case, at the defendant’s request, a maximum of 3 times, not to exceed a total period of 3 months. Any further continuances are subject to approval by the prosecutor, magistrate or director of court services. Dublin Mayor’s Court shall strive to ensure all cases are adjudicated following court’s guidelines for case management (see M.C. Rule 3.2).

Rule 5.1 Authorization of a Summons and/or a Warrant

The magistrate, or their designee, shall determine whether a summons or warrant should be issued when a defendant fails to appear or comply. Once the magistrate authorizes the summons or warrant, the court clerk shall issue the summons or warrant. Prior to the actual mailing of a summons or delivery of a warrant to the Dublin Police Department, 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 prior to the summons or warrant being issued. Summonses and warrants are considered issued once the document is printed, signed and sealed.

Rule 5.2 Warrant Blocks/License Forfeiture Suspensions/Registration Blocks

Warrant blocks shall be issued in conjunction with arrest warrants on traffic cases only. The warrant block prohibits defendants with an outstanding warrant from obtaining/renewing a certificate of registration for a motor vehicle. Once the warrant has been cancelled, served or recalled, the court clerk’s office shall notify the BMV to remove the warrant block.

License forfeiture suspensions shall be issued in conjunction with arrest warrants on traffic cases only. The forfeiture suspends the defendant’s driving privileges indefinitely. Once the warrant has been cancelled, served or recalled and the case is closed (fines and costs paid and all other conditions completed), the clerk’s office shall notify the BMV to clear the license forfeiture suspension.
Registration blocks shall be issued on any unpaid parking tickets in lieu of issuing a warrant. The registration block prohibits defendants from obtaining/renewing a certificate of registration for a motor vehicle. Once the parking ticket has been paid in full, the clerk shall notify the BMV to clear the registration block.

Rule 5.3 Expungements

Applications for expungement must be filed with the clerk’s office during normal business hours. There is a non-refundable application fee of $50.00 unless the applicant is determined to be indigent or if the charges the applicant wishes to expunge were dismissed or resulted in a finding of not guilty. Upon filing of the application and payment of the fee, where applicable, the case is scheduled for an expungement hearing and given to the diversion officer for investigation. If it is determined the applicant is an eligible offender, the prosecutor may recommend to the court and the court may order the record be expunged. The court shall then gather and delete any related index references to that case and seal all related paperwork to be stored in a secure place. The criteria and eligibility for expungements are outlined in Chapter 2953 of the Ohio Revised Code.

Rule 6.0 Transfer of Cases to Municipal Court

Pursuant to ORC 1905.032, if a person who is charged with a violation of a law or an ordinance is brought before a mayor’s court and the violation charged is not within the jurisdiction of the court, the magistrate shall transfer the case to the municipal court, county court, or court of common pleas with jurisdiction over the alleged violation and shall require the person to enter into a recognizance to appear before that court.

If a person who is charged with a violation of a law or an ordinance is brought before a mayor’s court and the violation charged is within the jurisdiction of the court, as set forth in section 1905.01 of the Revised Code, the magistrate, at any time prior to the final disposition of the case, may transfer it to the municipal court, county court, or court of common pleas with concurrent jurisdiction over the alleged violation. If a magistrate transfers a case under this provision, the magistrate shall require the person charged to enter into a recognizance to appear before the court to which the case is transferred.

Upon the transfer of a case by a magistrate, all of the following apply: the magistrate shall certify all papers filed in 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. All further proceedings under the charge, complaint, information, or indictment in the transferred case shall be discontinued in the mayor’s court and shall be conducted in the court to which the case is transferred.

Rule 6.1 Trial De Novo/Appeal

For purposes of appeal under 1905.25 of the Ohio Revised Code, a defendant shall have ten days from the date of judgement to file a written notice of appeal. Only the final disposition of a case is subject to appeal. Any subsequent action(s) that may occur: i.e. probation hearing, expungement hearing are not subject to appeal.

Rule 7.0 City of Dublin Employees/Contractual Providers 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, and the magistrates. Any deviations from this rule shall include a written justification for the deviation signed by the city manager.

If the citation is a payable offense, the defendant may plead guilty and pay the waiver.

If the case requires a mandatory court appearance, or if the defendant wishes to go before the court to contest the citation, the case shall immediately be transferred to Franklin, Delaware or Marysville 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 7.1 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 7.0). Any deviations from this rule shall include a written justification for deviation signed by the city manager.
If the citation is a payable offense, the defendant may plead guilty and pay the waiver. If the defendant wishes to plead no contest or not guilty to a payable offense or a mandatory appearance offense, he/she may do so.

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 magistrate to transfer any case to Franklin, Delaware or Marysville Municipal Court when appropriate.

Rule 8.0 Establishment of Violation Bureau

In accordance with Traffic Rule 13 and Criminal Rule 4.1 of the Ohio Rules of Court, a traffic violations bureau is established and the director of court services is designated as the violations clerk. The traffic violations bureau may dispose of all traffic offenses except those listed in division (B) (1) to (9) of Traffic Rule 13 and all minor misdemeanor criminal offenses which are listed on the Dublin Mayor’s Court Fine Schedule.

Rule 8.1 Fine Schedule

Violations that do not require a court appearance shall be listed on the Dublin Mayor’s Court fine schedule. The magistrate 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 and posted on the Dublin Mayor’s Court website. All procedures stated in Traffic Rule 13 and Criminal Rule 4.1 shall be strictly followed.

Rule 8.2 Bond Schedule

The bond schedule is established by the magistrate and shall be strictly adhered to. If a deviation is warranted, the 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 magistrate is unavailable, the director of court services shall be contacted. Any deviations from the bond schedule are rare and based upon special or extenuating circumstances.

Rule 9.0 Forms of Acceptable Payments

Payments for fines and/or costs may be made by cash, credit card, money order, or personal check (local bank only). 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 waiver of trial rights.

Rule 9.1 Overpayments

Overpayments of $5.00 or less will not be refunded to the defendant. The overpayment shall be applied to the ticket processing fee of the applicable case and disbursed to the City of Dublin’s general fund.

Rule 9.2 Returned Checks

If a check is returned due to insufficient funds, the court clerk shall re-deposit the check. If the check is returned again due to insufficient funds or is returned initially due to a closed account or stop payment, the court clerk shall assess a bad check fee and notify the defendant that they have 20 days to either pay the citation or appear in court. If the defendant fails to pay or appear, the magistrate may authorize the issuance of a summons/warrant or the filing of bad check charges.

Rule 10.0 Proof of Financial Responsibility

Pursuant to 4509.101(A) (1) of the Ohio Revised Code, no person shall operate, or permit the operation of, a motor vehicle in this state, unless proof of financial responsibility is maintained continuously throughout the registration period with respect to that vehicle, or, in the case of a driver who is not the owner, with respect to that driver’s operation of that vehicle.

If a person who is issued a citation fails to show the law enforcement officer proof of financial responsibility, they shall be required to provide proof to the court. A copy of the insurance card or declarations page presented to the court shall be placed in the defendant’s file. An electronic version of proof of insurance shall be emailed to a member of the court staff so that a copy can be printed and placed in the defendant’s file. Failure to provide proof may result in a Bureau of Motor Vehicles (BMV) suspension of your driving privileges.