Waynesville Mayor's Court Appointment

The Finance Director has posted the Magistrate position in the Western Star and online with the Dayton Daily News. She sent Mr. Richards a letter notifying him of the position posting. She also set the final date for submitting letters of intetest and resumes for Friday, April 3, 2009. We will be receiving them in our Council packets, and at the Council meeting or Finance Committee meeting, you could let her know who you would like to come in for an interview. Interviews can be held at the next Council meeting (April 20) or another time that is convenient for us.

I do want the Council members to know that I spoke with Mr. Richards on March 16, 2009 about this posting of his job in the various news papers.

Mr. Richards informed me that the Magistrate is to be appointed by the Mayor because the Ohio Revised Code supersedes the Village Charter when there are discrepancies.

Mr. Richards shared the history of how the magistrate position came into being. Some years ago in Springboro the newly elected Mayor did not want to the judge for the mayor's court and called Mr. Richards to see if he would be interested in being the judge for mayor's court. Mr. Richards said he took on the position and it was not long before the The Supreme Court of Ohio came calling to see what the mayor and this young attorney were doing in Springboro. He said The Supreme Court of Ohio began to monitor this new concept. After some time passed and upon reviewing this new concept they adopted it. The mayor's court magistrate's position is now in place and accepted all over the country. What we have in Waynesville is a piece of history in Mr. Richards. Mr. Richards is the first magistrate in the state of Ohio and I must say he has been good for this village. He also pointed out that there is a grading system that comes along with being a judge. You can not fine a person the maximum for the first offence. As some apparently think he should. There are many things that come into play such as how many times has this person committed this offence and so forth.

He then printed a copy of the Baldwin's Ohio Revised Code Annotated Currentness
Title XIX. Courts--Municipal--Mayor's County
Chapter1905. Mayor's Court (Rers & Annos)
Clerks, Mayor and Magistrates; Powers and Duties
1905.05 Mayor's court magistrate

(A) A mayor of a municipal corporation that has a mayor's court may appoint a person as mayor's court magistrate to hear and determine prosecutions and criminal causes in the mayor's court that are within the jurisdiction of the mayor's court, as set forth in section 1905.01 of the Revised Code. No person shall be appointed as a mayor's court magistrate unless the person has been admitted to the practice of law in this state and, for total of at least three years preceding the person's appointment or the commencement of the person's service as magistrate, has been engaged in the practice of law in this state or as a judge of a court of record in any jurisdiction of the mayor's court, as set forth in section 1905.01 of the Revised Code. No person shall be appointed as a mayor's court magistrate unless the person has been admitted to the practice of law in this state and, for a total of at least three years preceding the person's appointment or the commencement of the person's service as magistrate, has been engaged in the practice of law in this state or as a judge of a court of record in any jurisdiction in the United States, or both.

A person appointed as a mayor's court magistrate under this division is entitled to hear and determine prosecutions and criminal causes in the mayor's court that are within the jurisdiction of the mayor's court, as set forth in section 1905.01 of the Revised Code. If a mayor is prohibited from hearing or determining a prosection or cause that charges a person with a violation of section 4511.19 of the Revised Code or cause a violation of a municipal OVL ordinance as defined in section 4511.181 of the Revised Code due to the operation of division (C) of section 1905.03 of Revisied Code, or is prohibited from hearing or determining any other prosecution or cause due to the operation of division (C) of section 1905.03 of the Revised Code, or is prohibited from hearing or determining any other prosecution or cause due to the operation of division (C) of section 1905.031 of the Revised Code, he prohibition against the mayor hearing or determining the prosection or cause does not affect and shall not be construed as affecting the jurisdiction or authority of a person appointed as a mayor's court magistrate under this division to hear and determine the prosecution or cause in accordance with this section. In hearing and determining such prosecutions and causes, the magistrate has the same powers, duties and authority as does a mayor who conducts a mayor's court to hear determine prosecutions and causes in general, including, but not limited to, the power and authority to decide the prosecution or cause, enter judgement, and impose sentence; the powers, duties and authority to decide the prosecution or cause, enter judgement, and impose sentence; the power, duties, and authority granted to mayors of mayor's courts by this chapter, in relation to the hearing and determination of prosecutions and causes in mayor's courts; and the powers, duties, and authority granted to mayor's courts by any other provision of the Revised Code, in relation to the hearing and determination of prosecutions and causes in mayor's courts. A judgement entered and a sentence imposed by a mayor's court magistrate do not have to be reviewed or approved by the mayor who appointed the magistrate, and have the same force and effect as if they had been entered or imposed by the mayor.

A person appointed as a mayor's court magistrate under this division is not entitled to hear or determine any prosecution or criminal cause other than prosections and causes that are within the jurisdiction of the mayor's court, as set forth in section 1905.01 of the Revised Code.

A municipal corporation that a mayor's court magistrate serves shall pay the compensation for the service of the magistrate, which shall be either a fixed annual salary set by the legislative authority of the municipal corporation or a fixed annual amount or fees for services rendered set under a contract the magistrate and the municipal corporation enter into.

(B) The appointment of a person as a mayor's court magistrate under division (A) of this section does not preclude the mayor that appointed the magistrate, subject to the limitation contained in section 1905.03 and the limitation contained in section 1905.03 of the Revised Code, from also hearing and determining prosecution and criminal causes in the mayor's court that are within the jurisdiction of the mayor's court, as set forth in section 1905.01 of the Revised Code.

I do realize that our Charter SECTION 3.13 Mayor's Court Magistrate States:

(A) Jurisdiction of Magistrate. Jurisdiction shall extend to violations of all municipal ordinances, all criminal causes involving any moving traffic violation occurring on state highway located within the boundaries of the municipal corporation, and to hear and determine criminal causes involving of Ohio Revised Code Section 4511.19. In hearing and determing prosecutions and causes filed within the Mayor's Court, the Magistrate shall be deemed to have the same powers, duties, and authority as does the Mayor, including, but not limited to, the power and authority to decide the prosecution or cause, enter judgement, and impose sentence. Judgement entered and a sentence imposed by the Mayor's Court Magistrate herein does not have to be reviewed or approved by the Mayor and shall have the same force and effect as if it had entered or imposed by the Mayor.

(B) Qualifications of Magistrate. The Magistrate shall be an attorney licensed to practice in the State of Ohio, and for a total of at least three years has been engaged in the practice of law in the State or served as a Judge of a Court of record in any jurisdiction in the United States.

(C) Appointment of Magistrate. Council, by an affermative vote of at least five members, shall appoint a qualified candidate to serve as the Magistrate of the Mayor's Court for two year term.

(D) Compensation. The Council shall determine the compensation of the Magistrate by ordiance.

(E) Removal. The Magistrate may be remmoved, with or without cause, by an affirmative vote of at least five members of Council.

I feel that Mr. Richards has done and is doing an excellent job for Waynesville and given his fine history as a talented and successful home town boy from Waynesville, he has the Village's best interest at heart. Should the ORC supersede the Village Charter as Mayor I am re-appointing Mr. Richards as the Mayor's Court Magistrate.

Mayor Earl J. Isaacs