MUNICIPAL COURT

Codified Ordinances of Cleveland pt. ONE, tit. VII, ch. 149

in effect

Codified Ordinances of Cleveland § 149.01 Psychiatric Clinic; Clerical Assistants

§ 149.01 Psychiatric Clinic; Clerical Assistants 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 (1) 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)

Codified Ordinances of Cleveland § 149.02 Duties of Director of Law

§ 149.02 Duties of Director of Law (a) The Director of Law shall be furnished an office convenient to the criminal branch of the Municipal Court. He or she 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 or she 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 or she shall attend to every process in error or habeas corpus issued from courts superior to such Court in all City cases.

Codified Ordinances of Cleveland § 149.03 Refusal to Serve as Juror

§ 149.03 Refusal to Serve as Juror 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.

Codified Ordinances of Cleveland § 149.04 Complainant’s Bond; Payment of Costs

§ 149.04 Complainant’s Bond; Payment of Costs 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 or her, 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.

Codified Ordinances of Cleveland § 149.05 Report on Fines Collected from Prisoners

§ 149.05 Report on Fines Collected from Prisoners (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 or she 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.

Codified Ordinances of Cleveland § 149.06 Docket Entries and Journal Proceedings

§ 149.06 Docket Entries and Journal Proceedings 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.

Codified Ordinances of Cleveland § 149.07 Report and Payment of Fees Due Jurors and Witnesses

§ 149.07 Report and Payment of Fees Due Jurors and Witnesses 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 or her 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)

Codified Ordinances of Cleveland § 149.08 Guilty Person to Pay Costs

§ 149.08 Guilty Person to Pay Costs In all cases when any person is found guilty of violating any ordinance of the City and fined, he or she shall be adjudged to pay all the costs imposed in the case.

Codified Ordinances of Cleveland § 149.09 Credit on Fines

§ 149.09 Credit on Fines (a) A person confined in the workhouse under a sentence imposing a fine which he or she 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)

Codified Ordinances of Cleveland § 149.10 Purchase of Beverages for Jurors

§ 149.10 Purchase of Beverages for Jurors 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)

Codified Ordinances of Cleveland § 149.11 Contracts for Collection Services on Behalf of the Clerk of the Cleveland Municipal Court

§ 149.11 Contracts for Collection Services on Behalf of the Clerk of the Cleveland Municipal Court (a) The Director of Finance, on behalf of the Clerk of the Cleveland Municipal Court, is authorized to enter into a contract or contracts for professional services necessary to collect any or all of all of the following: (1) Financial sanctions imposed upon misdemeanor offenders under RC Section 2929.28, civil judgments, criminal judgments converted to civil judgments, fees, costs, and other receivables of the Cleveland Municipal Court; (2) Unpaid notices of liability for photo- enforced red light and speeding offenses issued under Section 413.031; (3) Unpaid parking infraction judgments and default judgments; (4) Restitution payments in cases in which payment is a receivable of the Court. (b) Any collection contract entered into under the authority of this section may include in its scope the collection of any or all receivables of the Cleveland Municipal Court whether or not expressly listed in division (a). The types of receivables listed in division (a) are illustrative only and shall not limit the scope of collection work that may be included in the contract. (c) In any case in which it is not already provided that the debtor is liable for the costs of collection under any provision of the Codified Ordinances or state law, or any rule of court or judgment entry, the debtor may be assessed a fee under this division in an amount equal to the costs paid by the City to any vendor for the costs of collection of the debt. (d) The cost of each contract authorized by this section shall be paid from any proper appropriation accounts including any fund to which are credited the following fees, which are appropriated for this purpose: (1) The fee established under division (c) of this section; (2) The fee established by Section 413.032 assessing to persons liable for unpaid tickets for photo- enforced red light camera or speeding offenses the costs paid by the City to any vendor for the costs of collection of the debt; (3) The fee established under Section 459.03 assessing to judgment debtors on unpaid parking infraction judgments or default judgments the costs paid by the City to any vendor for the costs of collection of the debt; (4) Any other fee established by the Codified Ordinances or state law, or rule of court or judgment entry that imposes upon a debtor the cost of colleting a receivable of the Court. (Ord. No. 1029-07. Passed 8-8-07, eff. 8-16-07)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-4057Fetched: 11/1/2026