Can a state of Ohio police officer who is not admitted to the practice of law legally file and sign a complaint for a third party?
Pursuant to Ohio Rev. Code Ann. § 4705.01, only a licensed attorney or a party to an action may commence an action by subscribing his or her own name to a complaint.
Ohio Court's have ruled that a police officer may file a complaint in the name of a third party. See State of Ohio v. Jeanne E. Collins
The Court ruled State of Ohio v. Jeanne E. Collins that RC 4705.01 is a general provision and is superseded by the specific provisions of Traffic Rule 3 promulgated by the Ohio supreme court under Ohio Rev. Code Ann. § 2935.17.
Traffic Rule 3 states that; "In traffic cases, the complaint and summons shall be the "Ohio Uniform Traffic Ticket" as set out in the Appendix of Forms."
(E) Duty of law enforcement officer.
(1) A law enforcement officer who issues a ticket shall complete and sign the ticket, serve a copy of the completed ticket on the defendant, and, without unnecessary delay, file the court copy with the court. If the issuing officer personally serves a copy of the completed ticket on the defendant, the issuing officer shall note the date of personal service on the ticket in the space provided. If the issuing officer is unable to serve a copy of the completed ticket on the defendant, the completed ticket may be served by another law enforcement officer of the law enforcement agency issuing the ticket or filed with the clerk of the court for issuance of a warrant or summons pursuant to Crim. R. 4. Tickets that solely allege one or more minor misdemeanor violations must initially be issued by summons.
The Courts have also said that;
Without the filing of complaint by a person authorized by law to do so, the subject-matter jurisdiction of [***1265] this court is not triggered. The filing of such a complaint is, indeed, a nullity.
Ohio Rev. Code Ann. § 4705.01 prohibits anyone from practicing law or commencing or defending an action in which he is not a party concerned, unless he has been admitted to the bar by order of the supreme court.
So here is the answer to the question according to the Ohio Supreme Court:
The Traffic Rules do not require that a party or an attorney or counselor at law sign the ticket which commences the action. We acknowledge that this may, at first blush, appear to be in conflict with R.C. 4705.01's requirement that actions or proceedings be commenced by a party or a person admitted to practice law. However, when a conflict exists between two statutes that address the same subject matter, one a general proposition, and the [*5] other special, the special provision prevails as an exception to the general statute. R.C. 1.51; State v. Conyers (1999), 87 Ohio St. 3d 246, 719 N.E.2d 535. The Ohio Legislature empowered the Ohio Supreme Court with the responsibility to establish the procedure by which a traffic complaint shall be initiated. See R.C. 2935.17. We find that statute, R.C. 2935.17 and the rules thereby promulgated by the Supreme Court, to be special, specific provisions. On the other hand, R.C. 4705.01 is a general proposition. The special provisions of the Traffic Rules supersede R.C. 4705.01. Therefore, the action may be commenced upon the signature of a police officer. This decision is in accord with our previous decision on this issue. In Village of Millersburg v. Poulson, 1992 Ohio App. LEXIS 6159 (Nov. 23, 1992), Holmes App. CA-457, unreported, 1992 WL 362572, we held that a traffic case, commenced by a police officer, was not commenced in violation of R.C. 4705.01: "Pursuant to Traffic Rule 3(E), the traffic ticket is required to be completed and signed by a law enforcement [*6] officer, served on the defendant, and filed with the court. Thus in a traffic case, there is no requirement that the prosecutor [or attorney] endorse the citation, or that an affidavit be filed.
OPINION: The Ohio Municipal Courts are created by statute and although they act as a constitutional Court, they are administrative in nature like any other state agency created by statute like the Ohio Department of Public Safety and all it's sub agencies.
In Ohio the Court of Common Pleas, the Court of Appeals and the Ohio Supreme Court are the only Courts constitutionally created; any other court is administrative in nature.
Administrative forums/courts can have any rule whatsoever with the facade that looks like a real court.
A municipal court is like a worker's compensation hearing board or a board of review for property tax re-evaluations. These state agencies created by statutes have their rules of court/board but their final administrative judgment can always be appealed.