Municipal Courts
Criminal Cases
Court of Common Pleas
Probate Court
Juvenile Courts
Court of Appeals
State Supreme Court
Federal Courts
23:1
LAKEWOOD MUNICIPAL COURT
Prepared by Robert
G. Curren, Director of Law
MUNICIPAL COURTS:
In the United
States, in many of the larger cities, there are courts designated municipal
courts, with statutory jurisdiction in criminal or civil cases, or both,
usually limited not only in amount, but by the requirement that suits can only
be instituted against residents, and crimes prosecuted which are committed
within the city. There are some exceptions as to jurisdiction in certain
cases.
Municipal courts
are created by an act of the General Assembly. General Code Sections
1579-910 to 1579-957 relate to the municipal court of Lakewood.
The act creating
the municipal court of Lakewood became effective June 20, 1927. It
provides for a municipal court with criminal and civil jurisdiction. Two
judges are elected by the voters. They receive two thousand dollars
($2,000) per annum from the county and such further compensation from the city
of Lakewood as the council may prescribe. All such compensation is
payable in monthly installments. The city of Lakewood, by ordinance, has
prescribed its portion of the salary as three thousand dollars ($3,000) per
annum, making a total salary for each of the judges of five thousand dollars
($5,000) per year. The term is for six years each.
Any vacancy in the
office of municipal judge, other than temporary absence or disability, shall be
filled by appointment by the Governor until a successor is elected and
qualified.
The jurisdiction of
the court exercised within the limits of the city of Lakewood and the act
creating the court defines in detail the jurisdiction. The jurisdiction
of the court is limited to claims not exceeding one thousand dollars
($1000). The court has certain jurisdiction within the limits of the
county in civil and criminal cases.
The act provides
for a clerk, deputy clerks, bailiff and deputy bailiffs and contains a complete
procedure for the operation of the municipal court.
The
director of law is the prosecuting attorney in the municipal court. He
may detail such of his assistant directors of law as he may deem proper to
assist in such work.
23:2
CRIMINAL CASES.
Criminal cases
which come before the municipal court relate to the violations of ordinances of
the city and of the state laws. Under the ordinances when imprisonment is
not a part of the punishment which may be imposed by the court, the court may
hear the case and decide it without a jury. When the accused, if
convicted, may be imprisoned as a part of the punishment, he may demand a jury
trial.
In felony cases the
court is authorized to hear a part of the case, sufficient to show that there
is probable cause for holding the prisoner for trial. The prisoner may
demand a preliminary hearing, or may waive examination, such prisoner, if there
is probable cause, is bound over to the grand jury of the court of common
pleas.
The
difference between a felony and a misdemeanor is that a felony is a crime for
which on conviction the prisoner may be imprisoned in the penitentiary or may
be put to death. All other crimes are misdemeanors.
23:3
COURT OF COMMON
PLEAS.
This
is a county court, with both civil and criminal jurisdiction. The judges
are elected for a six year term.
23:4
PROBATE COURT.
This
is a county court. It has jurisdiction of all matters relating to the
administration of the estates of deceased persons, guardians, trustees,
etc. This court issues the marriage licenses. This is a very busy
court and one of the most important.
23:5
JUVENILE COURT.
This
is a county court. It has jurisdiction of all children under sixteen
charged with offenses against the law. It has also jurisdiction in
neglect of children and certain criminal jurisdiction.
23:6
COURT OF
APPEALS.
This
court is composed of three judges and its jurisdiction extends throughout the
county. Generally its duties are to review cases brought to it under
error proceedings from the lower courts. In certain cases it has original
jurisdiction and may hear the case, which may be begun in that court. It
is a very important court and in a great many causes is the court of last
resort.
23:7
STATE SUPREME
COURT.
Seven
judges compose this court. Only cases of a certain kind are heard by this
court. Generally only cases involving a constitutional question, or a
question of great public interest, may be carried to the Supreme Court.
The judges are elected by the electors of the entire state, and serve for six
years. It meets at Columbus.
23:8
FEDERAL COURTS.
The United States
District Court, two judges, is located in Cleveland. The judges are
appointed by the president and hold office for life or during good
behavior. Its jurisdiction applies to the acts of Congress and causes
arising under the constitution of the United States.
The United States
Circuit Court, three judges, appointed by the president, holds its sessions in
Cincinnati.
The United States
Supreme Court, nine judges, appointed by the president, for life or during good
behavior, holds its sessions at Washington, D.C. It has extensive
jurisdiction and may review certain decisions of the Supreme Court of any
State.
(This out line is
not intended to be complete, but will give a general idea of the courts on
which Lakewood people may be concerned.)
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