Judiciary of Ohio

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The judiciary of Ohio is the branch of the government of Ohio that interprets and applies the law of Ohio, ensures equal justice under law, and provides a mechanism for dispute resolution. The court of last resort is the Ohio Supreme Court.

The government of the U.S. state of Ohio consists of the executive, judicial, and legislative branches. Its basic structure is set forth in the Constitution and law of Ohio.

The law of Ohio consists of several levels, including constitutional, statutory, and regulatory, local and common law. The Ohio Revised Code forms the general statutory law.

Equal justice under law phrase engraved on the front of the United States Supreme Court building; a societal ideal that has influenced the U.S. legal system

Equal justice under law is a phrase engraved on the front of the United States Supreme Court building in Washington D.C. It is also a societal ideal that has influenced the American legal system.

Contents

Courts

There are three levels of the Ohio state judiciary. The lowest level is the courts of common pleas, the intermediate-level courts are the district courts of appeals, and the highest-ranking court is the Ohio Supreme Court. Ohio municipal and county courts hear cases involving traffic violations, non-traffic misdemeanors, evictions and small civil claims (in which the amount in controversy does not exceed than $15,000), and also conduct preliminary hearings in felony cases. Ohio mayor's courts are created by some municipalities and hear cases involving traffic violations, violations of city ordinances, and other misdemeanors.

The Ohio Courts of Common Pleas are the trial courts of the state court system of Ohio.

Ohio District Courts of Appeals

The Ohio District Courts of Appeals are the intermediate appellate courts of the U.S. state of Ohio. The Ohio Constitution provides for courts of appeals that have jurisdiction to review final appealable orders. There are twelve appellate districts, each consisting of at least one county, and the number of judges in each district varies from four to twelve. Each case is heard by a three-judge panel. There are currently 69 courts of appeals judges as provided by statute. A court of appeals judge is an elected position, with a term of six years. The Ohio Supreme Court has the discretion to review cases from the courts of appeals, but generally the appeals process in Ohio ends with the decision of the court of appeals.

Ohio Municipal Courts are law courts of limited jurisdiction in the U.S. state of Ohio that handle cases involving traffic, non-traffic misdemeanors, evictions and small civil claims. These courts also conduct preliminary hearings in felony cases.

Supreme Court

The highest-ranking court, the Ohio Supreme Court, is Ohio's "court of last resort." [1] A seven-justice panel composes the court, which, by its own discretion, hears appeals from the courts of appeals, and retains original jurisdiction over limited matters. [2]

District courts of appeals

The intermediate-level courts are the Ohio district courts of appeals. [3] Twelve courts of appeals exist, each retaining jurisdiction over appeals from common pleas, municipal, and county courts in a set geographical area. [4] A case heard in this system is decided by a three-judge panel, and each judge is elected. [4]

Courts of common pleas

The Ohio Courts of Common Pleas are the courts of general jurisdiction and have jurisdiction over "all justiciable matters". Each county is constitutionally mandated to maintain a court of common pleas. [4]


A court of general jurisdiction is a court with authority to hear cases of all kinds – criminal, civil, family, probate, and so forth.

Municipal and county courts

Ohio municipal and county courts are courts of limited jurisdiction and courts of record created by the General Assembly. They hear cases involving traffic violations, non-traffic misdemeanors, evictions and small civil claims (in which the amount in controversy does not exceed than $15,000), and also conduct preliminary hearings in felony cases.

Limited jurisdiction, or special jurisdiction, is the court's jurisdiction only on certain types of cases such as bankruptcy, family matters, etc.

A court of record is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings that written record is preserved at least long enough for all appeals to be exhausted, or for some further period of time provided by law.

Traffic court is a specialized judicial process for handling traffic ticket cases. In the United States, people who are given a citation by a police officer can plead guilty and pay the indicated fine directly to the court house, by mail, or on the Internet. A person who wishes to plead not guilty or otherwise contest the charges is required to appear in court on the predetermined date on the citation, where he or she may argue before the judge or negotiate with the prosecutor before being called to appear in front of the judge. Most prosecutors will not negotiate with someone who does not have a lawyer. The person may also request a trial by written declaration in the following states: California, Florida, Hawaii, Indiana, Louisiana, Nebraska, Ohio, Oregon, and Wyoming. In the case of a trial by written declaration, the accused does not have to be present in the court room; he or she may just explain the reason to defense for the case. The officer will also be required to turn in his or her declaration. The judge will then make a decision based on the declarations and evidence from both sides. At the conclusion of the written trial the accused is allowed to request a new in-person hearing if he or she is not satisfied with the outcome of the written trial, by filing a trial de novo request.

Mayor's courts

Ohio mayor's courts are created by some municipalities and hear cases involving traffic violations, violations of city ordinances, and other misdemeanors. Mayor's courts are not considered trial courts or courts of record and are not subject to the supervision of the Ohio Supreme Court, nor are mayor's courts authorized to conduct jury trials. The presiding officer is a magistrate (not a judge) appointed by the mayor and paid by the city or village.

Court of Claims

The Ohio Court of Claims is a court of limited, statewide jurisdiction. The court's jurisdiction extends to matters in which the State of Ohio is a party and the state has waived its sovereign immunity by statute, and also hears appeals from decisions made by the Ohio Attorney General on claims allowed under the Victims of Crime Act.

Officers

Judges

Judges in Ohio are generally elected, except for the Court of Claims, for which judges sit by assignment of the Chief Justice of the Ohio Supreme Court. When there are temporary vacancies in elected judgeships, those vacancies are also filled by assignment by the chief justice.

See also

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References

  1. ↑ "The Supreme Court of Ohio Jurisdiction & Authority". The Ohio Judicial System. Retrieved March 25, 2009.
  2. ↑ Constitution of Ohio, Part 4, Section 2
  3. ↑ "Ohio District Courts of Appeal". Ohio Judiciary System. Retrieved March 25, 2009.
  4. 1 2 3 Constitution of Ohio, Part 4, Section 4
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