Rule 1.0 Scope and Effective Date
These rules are adopted as local rules of the Dublin Mayor’s Court governing practice and procedure. They are adopted pursuant to the Court’s inherent authority as set forth in the Rules of Criminal Procedure and the Rules of Superintendence. These rules may be cited as Dublin Mayor’s Court Rule, (i.e. M.C. Rule 1.0). They are effective as of October 1, 2018 and govern all proceedings filed subsequent to that date. These rules may be amended by orders of the mayor, magistrate and/or the director of court services.
Rule 1.1 Duties and Responsibilities
Processing and monitoring cases for compliance with court orders, maintaining the court docket and operating the traffic violations bureau.
Receipting payments for fines and court costs and the posting bonds for new arrests and active warrants. Distributing all payments for fines and costs to the appropriate agencies (State of Ohio; Counties of Franklin, Delaware and Union; City of Dublin) pursuant to the Ohio Revised Code (ORC) 733.40, 2743.70, 2949.094 and 4513.263.
Reporting all traffic convictions to the Bureau of Motor Vehicles (BMV) on a weekly basis and all criminal dispositions to the Bureau of Criminal Identification and Investigations (BCI&I) pursuant to ORC 1905.33.
Preparing a report to Dublin City Council on a monthly basis and a quarterly report to the Supreme Court of Ohio pursuant to ORC 1905.033.
Retaining all records according to the City of Dublin’s records retention schedule.
Rule 1.2 Oath of Office
All Dublin Mayor’s Court staff and communication technicians employed by the Dublin Police Department shall be required to take on oath of office to serve as a deputy clerk in receipting bond money posted on new arrests and active warrants. This oath shall be administered by the mayor within the first 6 months of employment.
Rule 2.0 Court Schedule
Court will convene every Tuesday afternoon unless designated otherwise on the court calendar. The schedule by hearing type is as follows:
- Diversion Hearings 1 p.m.
- Administrative License Suspension (ALS)/Vehicle Release (VR) Hearings 1:30 p.m.
- Pre-trials 2 p.m.
- Arraignments 3 p.m.
- Pleas/Misc. Hearings 3:30 p.m.
- Trials 4:30 p.m.
Prisoner hearings are held on an as needed basis according to the following schedule:
- Monday at 8:30 a.m.
- Tuesday at 3:30 p.m.
- Friday at 9 a.m.
Every effort shall be made to bring a prisoner to the soonest hearing possible. Prisoner hearings are subject to change due to holidays.
The court calendar shall be published by the first of December for the following year. The magistrate and the director of court services shall approve any deviations to this schedule.
Rule 2.1 Recording of Court Proceedings
In accordance with the Supreme Court of Ohio’s Mayor’s Court Rule 11(B) (2), all court proceedings shall be recorded and maintained according to the City of Dublin’s records retention schedule.
Rule 2.2 Appointment of Magistrates
The mayor shall appoint a magistrate(s) to preside over court. Pursuant to 1905.05 of the Ohio Revised Code, no person shall be appointed unless the person has been admitted to the practice of law in this state and, for a total of at least 3 years preceding the appointment or commencement of service as a magistrate has been engaged in the practice of law in this state or served as a judge of a court of record in any jurisdiction in the United States, or both.
A magistrate must have initial training before presiding over court. Completion of the two six-hour training requirements (general and OVI) authorizes the magistrate to hear cases through the 31st day of December of the year immediately following the year in which the education was completed. Following the six hour initial training requirements, the magistrate shall receive each year, three hours of continuing education for offenses other than alcohol and drug related offenses and another three hours of continuing education in cases related to alcohol and drug related traffic offenses if they hear first offense OVI cases.
Rule 3.0 Case Numbering
Cases filed with Dublin Mayor’s Court shall be categorized as traffic, criminal, or parking and serially numbered within each category on an annual basis beginning with the first day of January of each year. The case number shall consist of the year/case type/number.
Each case type shall be assigned a case number from its own number pool except for OVI (Operating a Vehicle under the Influence) cases which shall be assigned numbers from the traffic pool.
Multiple traffic charges arising out of the same incident shall be assigned the same traffic case number. Any criminal complaints arising out of the same incident as a traffic complaint shall be assigned a criminal case number. No additional costs are assessed when criminal charges arise out of the same incident as traffic. Costs shall be assessed on the traffic case only. If at disposition, the traffic case is dismissed and there is a guilty finding on the criminal case, the costs shall be assessed on the criminal case.
This system is in accordance with the Ohio Supreme Court Rule of Superintendence 43.
Rule 3.1 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 magistrate.
Rule 3.2 Case Management
Dublin Mayor’s Court shall make every effort to adjudicate its cases within the time limits prescribed by the Supreme Court of Ohio. The current time limit for criminal, traffic, and OVI cases is 6 months.
Rule 3.3 Interpreters
Interpreters shall be provided for defendants who do not speak, hear or understand the English language. If necessary, the case will be rescheduled until an interpreter can be provided. The cost shall be paid for by Dublin Mayor’s Court.
Rule 3.4 Court Filings
All paper documents filed with the court shall not exceed 8 ½ inches x 11 inches. All motions must be presented and filed in duplicate, in writing, accompanied by sufficient memoranda not less than 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 Rule 12(B)(2) and motions listed as exceptions in Ohio Traffic Rule 11(B)(1).
Rule 3.5 Private Complaints
All private complaints filed in Dublin Mayor’s Court shall be accompanied by an offense report filed with the Dublin Police Department. The complainant is required to swear to the facts in the affidavit and be willing to prosecute by testifying to said facts.
Upon receipt of the complaint and offense report, the clerk shall set an arraignment date and send a copy of the complaint with a summons to appear notice by certified mail to the defendant.
Rule 4.0 Duties of Counsel
Designation of Trial Counsel – Attorneys, not defendants, will designate their capacity as trial counsel on all papers filed with the court and shall include their firm’s address and telephone number. A law firm shall not be named as a trial attorney. However, the substitution of counsel within the same law firm at hearings is authorized.
Withdrawal of Counsel – Counsel shall be allowed to withdraw from counsel responsibilities only with consent of the magistrate. No such application will be considered unless a written entry or motion is presented stating the reasons for the withdrawal. Withdrawal of counsel will not be approved if the application is made within 5 days of the trial date except for good cause shown.
Motions Practice – All motions shall be in writing, served on opposing counsel and made within the time limits prescribed in the Ohio Rules of Criminal Procedure. Motions will be supported by memoranda of law containing applicable statutory and case law citations. Copies of significant decisions shall be attached to the original filing only. Unless the following statement appears prominently upon the first page of the motion, no oral hearing will be allowed: Counsel requests an oral hearing.
Unless otherwise scheduled by the magistrate, all oral hearings will occur immediately prior to the commencement of a defendant’s trial. Parties wishing to respond in writing to such motions shall do so not later than the fourteenth (14) day following service of the motion or three days prior to the oral hearing date, if an oral hearing has been requested. In a MOTION TO SUPPRESS, the grounds must be stated with particularity and the items of evidence shall be specified. Any motions filed which are not in compliance with this rule may be summarily overruled. All motions, where an oral hearing is not required, shall be accompanied by an entry.
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.