Rule & Annotations current through April 8, 2013 ***
Rule 9. Jury demand
(A) Jury demand.
Jury demands shall be made pursuant to Criminal Rule 23.
(B) Jury demands in mayor's court.
Where, in a mayor's court, a defendant is entitled to a jury trial and a jury demand is made pursuant to Criminal Rule 23, the mayor shall transfer the case pursuant to subdivision (C).
If a jury demand is not made pursuant to Criminal Rule 23, and the defendant waives his right to a jury trial in writing, a mayor may try the case if (1) his compensation as a judge is not directly dependent upon criminal case convictions, or (2) he is not the chief executive and administrative officer of the municipality and as such responsible for the financial condition of the municipality. Guilty and no contest pleas may be taken by any mayor, including mayors whose compensation as a judge is directly dependent upon criminal case convictions and mayors who as chief executive and administrative officer of the municipality are responsible for the financial condition of the municipality.
(C) Transfer.
Where transfer is required, the mayor's court shall make a written order directing the defendant to appear at the transferee court, continuing the same bail, if any, and making appearance before the transferee court as a condition of bail, if any. Upon transfer, the mayor's court shall transmit to the clerk of the transferee court the ticket and all other papers in the case, and any bail taken in the case.
Upon receipt of such papers the clerk of the transferee court shall set the case for trial and shall notify the defendant by ordinary mail of his trial date.
HISTORY: Effective January 1, 1975.
NOTES: Ohio Constitution
Trial by jury, O Const art I, § 5.
Ohio Rules
Trial by jury, Crim.R. 23.