Effective: September 23, 2022
Latest Legislation: House Bill 518 - 134th General Assembly
(A) Except as provided in divisions (B) and (D) of this section, the village solicitor, city director of law, or similar chief legal officer for each municipal corporation within the territory of a municipal court shall prosecute all cases brought before the municipal court for criminal offenses occurring within the municipal corporation for which that person is the solicitor, director of law, or similar chief legal officer. Except as provided in division (B) of this section, the village solicitor, city director of law, or similar chief legal officer of the municipal corporation in which a municipal court is located shall prosecute all criminal cases brought before the court arising in the unincorporated areas within the territory of the municipal court.
(B) The Auglaize county, Brown county, Clermont county, Columbiana county, Hocking county, Holmes county, Jackson county, Morrow county, Ottawa county, Paulding county, Perry county, Portage county, and Putnam county prosecuting attorneys shall prosecute in municipal court all violations of state law arising in their respective counties. The Carroll county, Crawford county, Hamilton county, Madison county, and Wayne county prosecuting attorneys, beginning January 1, 2008, the Erie county prosecuting attorney, and beginning January 1, 2024, the Fulton county prosecuting attorney shall prosecute all violations of state law arising within the unincorporated areas of their respective counties. The Darke county prosecuting attorney shall prosecute in the Darke county municipal court all violations of state law arising in the county, except for violations of state law arising in the municipal corporation of Greenville and violations of state law arising in the village of Versailles. The Greene county board of county commissioners may provide for the prosecution of all violations of state law arising within the territorial jurisdiction of any municipal court located in Greene county. The Montgomery county prosecuting attorney shall prosecute in the Montgomery county municipal court all felony, misdemeanor, and traffic violations arising in the unincorporated townships of Jefferson, Jackson, Perry, and Clay and all felony violations of state law and all violations involving a state or county agency arising within the jurisdiction of the court. All other violations arising in the territory of the Montgomery county municipal court shall be prosecuted by the village solicitor, city director of law, or similar chief legal officer for each municipal corporation within the territory of the Montgomery county municipal court.
The prosecuting attorney of any county given the duty of prosecuting in municipal court violations of state law shall receive no additional compensation for assuming these additional duties, except that the prosecuting attorney of Hamilton, Portage, and Wayne counties shall receive compensation at the rate of four thousand eight hundred dollars per year, and the prosecuting attorney of Auglaize county shall receive compensation at the rate of one thousand eight hundred dollars per year, each payable from the county treasury of the respective counties in semimonthly installments.
(C) The village solicitor, city director of law, or similar chief legal officer shall perform the same duties, insofar as they are applicable to the village solicitor, city director of law, or similar chief legal officer, as are required of the prosecuting attorney of the county. The village solicitor, city director of law, similar chief legal officer or any assistants who may be appointed shall receive for such services additional compensation to be paid from the treasury of the county as the board of county commissioners prescribes.
(D) The prosecuting attorney of any county, other than Auglaize, Brown, Clermont, Hocking, Holmes, Jackson, Morrow, Ottawa, Paulding, Perry, Portage, or Putnam county, may enter into an agreement with any municipal corporation in the county in which the prosecuting attorney serves pursuant to which the prosecuting attorney prosecutes all criminal cases brought before the municipal court that has territorial jurisdiction over that municipal corporation for criminal offenses occurring within the municipal corporation. The prosecuting attorney of Auglaize, Brown, Clermont, Hocking, Holmes, Jackson, Morrow, Ottawa, Paulding, Perry, Portage, or Putnam county may enter into an agreement with any municipal corporation in the county in which the prosecuting attorney serves pursuant to which the respective prosecuting attorney prosecutes all cases brought before the Auglaize county, Brown county, Clermont county, Hocking county, Holmes county, Jackson county, Morrow county, Ottawa county, Paulding county, Perry county, Portage county, or Putnam county municipal court for violations of the ordinances of the municipal corporation or for criminal offenses other than violations of state law occurring within the municipal corporation. For prosecuting these cases, the prosecuting attorney and the municipal corporation may agree upon a fee to be paid by the municipal corporation, which fee shall be paid into the county treasury, to be used to cover expenses of the office of the prosecuting attorney.
Last updated July 8, 2022 at 10:32 AM
Structure Ohio Revised Code
Title 19 | Courts-Municipal-Mayor's-County
Chapter 1901 | Municipal Court
Section 1901.01 | Organization of Municipal Courts.
Section 1901.011 | Housing Divisions - Environmental Division.
Section 1901.02 | Jurisdiction of Municipal Courts.
Section 1901.021 | Court Sitting Outside Corporate Limits of Municipal Corporation.
Section 1901.023 | Extension of Jurisdiction for Municipal Courts on South Shore of Lake Erie.
Section 1901.024 | Costs, Fees, Receipts of County Municipal Courts.
Section 1901.025 | Jurisdiction of Housing and Environmental Divisions.
Section 1901.026 | Current Operating Costs Apportioned.
Section 1901.027 | Ohio River Jurisdiction.
Section 1901.028 | Temporary Location of Court in Event of Emergency.
Section 1901.03 | Municipal Court Definitions.
Section 1901.031 | Terms Include Housing or Environmental Division of Municipal Court.
Section 1901.04 | Transfer of Pending Actions.
Section 1901.041 | Assignment and Referral of Cases to Special Divisions of Court.
Section 1901.051 | Housing and Environmental Division Judges Election.
Section 1901.06 | Qualifications and Election of Judge.
Section 1901.07 | Term of Office of Judge - Nomination, Election.
Section 1901.08 | Election of Judges.
Section 1901.09 | Presiding and Administrative Judge.
Section 1901.10 | Oath of Office Required - Vacancy.
Section 1901.11 | Compensation.
Section 1901.111 | Group Health Care Coverage for Municipal Court Judges.
Section 1901.12 | Vacation Period of Judge.
Section 1901.121 | Appointment of Assigned and Substitute Judges.
Section 1901.122 | Reimbursements and Compensation; Limitations.
Section 1901.123 | Payment of per Diem Compensation.
Section 1901.13 | Powers of the Court.
Section 1901.131 | Jurisdiction of Housing or Environmental Division.
Section 1901.14 | Additional Powers of Judges; Fees; Rules; Annual Report.
Section 1901.141 | Special Constables.
Section 1901.15 | Powers of the Presiding Municipal Judge.
Section 1901.151 | Notice of Insufficient Caseload.
Section 1901.16 | Powers When More Than One Judge.
Section 1901.17 | Monetary Jurisdiction.
Section 1901.18 | Subject Matter Jurisdiction.
Section 1901.181 | Exclusive and Concurrent Jurisdiction of Housing or Environmental Divisions.
Section 1901.182 | Jurisdiction Over Violations of Township Resolutions.
Section 1901.183 | Environmental Division Additional Jurisdiction.
Section 1901.184 | Jurisdiction Where Property Not Removed at Expiration of Campsite Use Agreement.
Section 1901.185 | Jurisdiction to Foreclose Lien on Blighted Parcel.
Section 1901.186 | Concurrent Jurisdiction of Tiffin-Fostoria and Seneca County Courts.
Section 1901.19 | Jurisdictional Powers.
Section 1901.20 | Criminal and Traffic Jurisdiction.
Section 1901.21 | Criminal and Civil Procedure - Bond.
Section 1901.22 | Civil Actions.
Section 1901.23 | Issuance of Writs and Process.
Section 1901.24 | Demand for Jury Trial - Number of Jurors - Verdict.
Section 1901.25 | Selection and Impaneling of Jury.
Section 1901.261 | Computerizing Court of Paying Cost of Computerized Legal Research.
Section 1901.262 | Rules for Procedures for Resolution of Disputes.
Section 1901.263 | Cancellation of Uncollectible Debts.
Section 1901.27 | When Action Is Pending.
Section 1901.28 | Bond for Appeal.
Section 1901.29 | No Term of Court.
Section 1901.31 | Clerk of Court.
Section 1901.311 | Branch Offices - Special Deputy Clerks.
Section 1901.312 | Group Health Care Coverage for Clerks and Deputy Clerks.
Section 1901.321 | Municipal Court Contracts for Transportation Persons Between Jail and Court.
Section 1901.33 | Court Employees.
Section 1901.331 | Housing or Environmental Division Officers and Employees.
Section 1901.34 | Criminal Prosecutions - Compensation of Prosecuting Officers.
Section 1901.35 | Transcript of Records.
Section 1901.36 | Accommodations and Needs of the Court.
Section 1901.38 | Liability Coverage for Municipal Court Judges and Employees.
Section 1901.381 | Liability Coverage for Municipal Court Clerk.
Section 1901.41 | Case Files Retention and Destruction.
Section 1901.43 | Order for Accused to Appear for Fingerprinting.
Section 1901.44 | Alternative Methods for Collecting Court Costs; Notice of Balance Due.