Ohio Traf. R. 14

As amended through October 29, 2024

Rule 14 - Magistrates

(A) A court may appoint one or more magistrates for the purpose of receiving pleas, determining guilt or innocence, receiving statements in explanation and in mitigation of sentence, and recommending penalty to be imposed. A magistrate shall have been engaged in the practice of law for at least four years and be in good standing with the Supreme Court of Ohio at the time of appointment. A magistrate shall be provided with court room accommodations resembling as nearly as possible traffic court rooms.

(B) A court may refer nonjury traffic cases to a magistrate. If the offense charged is an offense for which imprisonment is a possible penalty, the case may be referred only with the unanimous consent of the parties, in writing or on the record in open court. The consent of an alleged juvenile traffic offender or his or her parent, guardian, or custodian shall not be required.

(C) Proceedings before the magistrate shall be conducted as provided in Criminal Rule 19. A defendant's payment of a fine does not constitute a waiver of the defendant's right to file objections to the magistrate's decision.

Ohio. Traf. R. 14

Effective:1/1/1975; amended effective 9/1/1996;2/1/2002;10/1/2006;7/1/2011.

Traffic Rules Review Commission Commentary (October 1, 2006 Amendment)

The October 1, 2006 amendment altered the cross-reference to Criminal Rule 19 to conform to the July 1, 2006 amendments to Criminal Rule 19.

Commentary (February 1, 2002 Amendment)

The February 1, 2002 amendment conforms the authority of traffic court magistrates to that of criminal magistrates contained in Criminal Rule 19, as amended effective July 1, 2000. Division (A) retains language of the rule as it existed prior to the amendment and adds that a traffic court magistrate may determine issues of guilt or innocence.

Division (B) specifies that any nonjury traffic case, including those involving an alleged juvenile traffic offender, may be referred to a magistrate, removing any references to the consent of the parties that was contained in the prior rule. In cases where imprisonment, as defined in R.C. 1.05, is a possible penalty, the case may be heard by a magistrate only with the written consent of the parties.

Reference to Civil Rule 53 has been replaced with a requirement that proceedings before a traffic magistrate will be conducted in accordance with Criminal Rule 19. The rule also states

that the payment of a fine by the defendant does not constitute a waiver of the defendant's right to object to the decision of the magistrate.