court jurisdiction

What has the Ohio Constitutional Modernization Commission Done in 2013-2014?

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The Ohio Constitutional Modernization Commission posted its 2013-2014 Biennial Report to its webpage.  The report summarizes progress over the past two years, including: Hiring an executive director and Commission staff. Adoption of Rules of Procedure and Conduct Topics discussed by each committee, status of any recommendations and topics/Constitution sections each committee is charged with reviewing.  […]

What has the Ohio Constitutional Modernization Commission Done in 2013-2014? Read Post »

Traffic Camera Appeals Process is Constitutional, Ohio Supreme Court Rules

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The Ohio Supreme Court held that administrative appeals of traffic camera tickets did not unconstitutionally usurp the powers of municipal courts as set forth in the Ohio Constitution.  The case involved the  City of Toledo’s practice of  diverting challenges to traffic camera violation notices to an administrative hearing officer set up within the police department.

Traffic Camera Appeals Process is Constitutional, Ohio Supreme Court Rules Read Post »

ProgressOhio Lacks Standing to Challenge Constitutionality of JobsOhio Act, Ohio Supreme Court Rules

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The Ohio Supreme Court affirmed the decision of the lower court finding that liberal group ProgressOhio lacked standing to challenge JobsOhio legislation. ProgressOhio.org, Inc. v. JobsOhio, 2014 Ohio 2382,    The court interpreted Ohio Constitution Article IV, Section 4(B) which concerns the jurisdiction of the common pleas court.  The court further found that the provisions of the

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Common Pleas Court Lacks Jurisdiction to Review Muni Court Costs

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The Ohio Supreme Court held that the Cuyahoga Common Pleas Court did not have jurisdiction to review a case claiming improper fees charged by a municipal court.  Lingo v. State, Slip Opinion No. 2014-Ohio-1052.  The Common Pleas Court decided that it had jurisdiction because Wohl, clerk of the Berea Municipal Courts, is an administrative officer.

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Eighth District Holds Traffic Camera QuasiJudicial Enforcement Process Unconstitutional

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The Eighth District Court of Appeals held that Cleveland’s quasijudicial enforcement procedures for traffic camera tickets violated the Ohio Constitution Article IV, Section 1.    Cleveland’s enforcement system, where drivers challenging a ticket appear before a city hearing officer,  unconstitutionally impaired the jurisdiction of the Cleveland Municipal Court. Jodka v. Cleveland, 2014-Ohio-208 The decision will likely

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Ohio Supreme Court Will Hear Traffic Camera Case

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The Ohio Supreme Court accepted an appeal filed by Redflex Traffic Systems, Inc. and City of Toledo concerning the constitutionality of administrative hearings for traffic camera tickets.  See Docket for Supreme Court Case No. 2013-1277 See our prior post Does Administrative Hearing of Traffic Camera Tickets Usurp Muni Court Powers and Violate the Ohio Constitution?

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Does Administrative Hearing of Traffic Camera Tickets Usurp Muni Court Powers and Violate the Ohio Constitution?

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Redflex Traffic Systems Inc., the camera operating company, filed an appeal with the Ohio Supreme Court, challenging the appellate court’s ruling in favor of the traffic camera ticket recipient.  The Ohio Sixth Circuit Court of Appeals held that the City of Toledo unconstitutionally usurped the jurisdiction of the Toledo Municipal Court by diverting challenges to

Does Administrative Hearing of Traffic Camera Tickets Usurp Muni Court Powers and Violate the Ohio Constitution? Read Post »

Court Decides Jurisdiction Issue: Plaintiff Must Have Interest in Mortgage When Filed Complaint

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Federal Home Loan Mortg. Corp. v. Schwartzwald, 2012 -Ohio- 5017.  The Ohio Constitution provides in Article IV, Section 4(B): “The courts of common pleas and divisions thereof shall have such original jurisdiction over all justiciable matters and such powers of review of proceedings of administrative officers and agencies as may be provided by law”. Reasoning

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