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City of Cleveland Codified Ordinances, Chapter #149
PART ONE — ADMINISTRATIVE CODETitle VII — JudicialChapter 149 — Municipal CourtComplete to June 30, 2007
Note: The legislative history of this chapter, except where specifically noted at the end of a section, is as follows: Ordinance No. 63410-A, passed September 22, 1924.
CROSS REFERENCES
Director of Law as Prosecuting Attorney, Charter § 84
Release of Court Clerk's liability for loss of funds, RC 131.18 et seq.
General provisions, RC Ch 1901
Bailiff's bond, CO 171.17
Mileage allowance for Deputy Bailiffs and probation officers, CO 171.43 et seq.
In accordance with RC 1901.33 and 1901.36, and for the purpose of providing for the personnel of the Psychiatric Clinic of the Cleveland Municipal Court, the judges of the Court may appoint one or more psychiatrists, psychologists, clinic referral consultants, psychiatric social workers and an administrative assistant, all of whom shall serve at the pleasure of the judges and shall receive such compensation as is provided in Section 173.11. In addition, the judges are hereby authorized to appoint such clerical assistants as may be necessary, which clerical assistants shall be in the classified service of the City.
(Ord. No. 1612-54. Passed 6-21-54, eff. 7-1-54)
(a) The Director of Law shall be furnished an office convenient to the criminal branch of the Municipal Court. He shall have power to recommend a nolle prosequi in any case commenced in such Court for the violation of a City ordinance, and shall, from time to time, recommend the passage of such ordinances as may be necessary to prevent crime and maintain the police regulations of the City.
(b) He shall prosecute to collection all fines and penalties imposed by the criminal branch of the Municipal Court, and shall take care that all fees, penalties or fines collected by any officer are promptly paid into the City Treasury. He shall attend to every process in error or habeas corpus issued from courts superior to such Court in all City cases.
Any person summoned as juror who refuses to serve without reasonable or lawful cause, to be judged of by the Court, may be fined not more than one hundred dollars ($100.00) for contempt of court.
Before issuing a warrant, the judge so issuing, or the Clerk, may, if either of them deems it necessary, require the complainant to enter into bond with sufficient surety to the City, conditioned for the appearance of the complainant at the trial, to give evidence against the person complained of by him, and if upon the trial the defendant shall be discharged, that the complainant shall pay the costs of prosecution, if so ordered by the Court. In all cases, whether a bond is taken or not, when the defendant is acquitted, the informant or complainant may be adjudged to pay the costs, if it appears to the Court that the prosecution was instituted vexatiously, maliciously or without probable cause.
(a) The Director of Public Health and Welfare shall provide the Clerk of the criminal branch of the Municipal Court with a statement, on the first day of every month, showing in detail the collection for the previous month of all cash fines imposed on prisoners sentenced to the House of Correction by the Court. In any case where money is not collected, but the money fine imposed, or any portion of it, is worked out by the prisoner or is by proper authority remitted, he shall so report the same in the statement rendered.
(b) The Clerk of the criminal branch of the Municipal Court shall enter upon the dockets of the judges of such Court, in the proper respective places, the collections and dispositions of money, fined according to the statement rendered by the Director of Public Health and Welfare.
The Clerk of the criminal branch of the Municipal Court shall produce each day, at the opening of Court, a docket in which shall be inscribed all cases set for trial on that day, and for the violation of ordinances for which prosecutions have been commenced. The judges shall note upon the docket the judgment or other action in each case as soon as the same is had. The Clerk shall also faithfully keep a record or journal of the proceedings of Court.
The Clerk of the criminal branch of the Municipal Court shall certify to the Director of Finance, under the seal of such Court, the amount of fees due jurors and witnesses in City cases, and the Director shall thereupon draw his warrant in favor of such jurors or witnesses for the amounts due on the City Treasurer, and said City Treasurer or said Clerk, shall pay the same on presentation. The Director shall report monthly the amount so paid to Council.
(Ord. No. 2212-96. Passed 1-13-97, eff. 1-21-97)
In all cases when any person is found guilty of violating any ordinance of the City and fined, he shall be adjudged to pay all the costs imposed in the case.
(a) A person confined in the workhouse under a sentence imposing a fine which he is unable or unwilling to pay shall receive credit upon such fine in the amount of ten dollars ($10.00) per day of confinement until such fine is paid.
(b) This section shall be applied to persons confined in the workhouse for payment of fines on April 20, 1970, and the credit of ten dollars ($10.00) per day shall be calculated from the day upon which confinement began. Any person whose credit toward the payment of a fine is found to exceed that fine shall be immediately released. However, no person whose credit towards payment of a fine is calculated retroactively under the provisions of this section shall have a claim against the City for any excess credit heretofore earned.
(Ord. No. 286-70. Passed 4-20-70, eff. 4-22-70)
The Director of Finance is hereby authorized to expend funds in order to provide beverages for persons summoned to the Cleveland Municipal Court for jury duty.
(Ord. No. 2840-89. Passed 12-18-89, eff. 12-22-89)
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