Mayor's courts are state courts in Ohio created by some municipalities. Mayor's courts hear traffic cases, violations of city ordinances and other misdemeanors. The presiding officer is a magistrate (not a judge) appointed by the mayor, or even being the mayor, and paid by the city or village.
Mayor's courts are not considered trial courts or courts of record and are not subject to the supervision of the Ohio Supreme Court. Mayor's courts are not authorized to conduct jury trials. If a defendant is entitled to and desires a jury trial, then the case is transferred to the jurisdiction's trial court of limited jurisdiction (Municipal Court or County Court). Ohio Revised Code (ORC) 1905.23 provides that within 10 days, a defendant may appeal a decision to the Mayor's Court, and it will be transferred to the appropriate county or municipal court. [1]
There has been criticism of the courts. [2] The majority of revenue generated from fines and court costs go to the city or village, in contrast to fines and court costs levied by the municipal court or county court. The late Chief Justice of the Ohio Supreme Court Thomas J. Moyer pointed out that the United States Court of Appeals for the Sixth Circuit ruled that there is an unconstitutional conflict of interest for a mayor to levy a fine paid into a budget that the mayor himself controls. [3]
Mayor's Courts were not created by the state's constitution or the Ohio Supreme Court. The exact timeline of creation is unclear, but Cincinnati created a Mayor's Court in 1819. The state legislature enacted Section 1905.05 on August 17, 2006. [4]
The following is a list of mayor's courts and their caseloads as of 2022: [5]