Tag Archives: butler county

Trenton Mayor’s Court

By Marty Hubbell

Some Ohio municipalities have created Mayor’s Courts, as authorized by the Ohio Revised Code.  These Courts hear traffic cases, OVI (or DUI), DUS, and other misdemeanors.

The Trenton Police Department or Butler County Sheriff can cite first time offenders into the Trenton, Ohio Mayor’s Court.  Mayor’s Courts are not courts of record, and a Defendant has the automatic right to appeal the case, regardless of the result.  If a Defendant is not pleased with how the case was resolved in Trenton Mayor’s Court, the case can start over in the Butler County Area Court system.  It is like getting two bites at the apple, which can be a great advantage to the defense.

When charged with an offense in Trenton Mayor’s Court, it is especially important to retain a local attorney who has experience working in these types of Courts.  Because these Courts are not official, the procedures and formalities can vary greatly, especially compared to County or Municipal Courts.

Trenton Mayor’s Court is located at 11 East State Street, Trenton, Ohio, 45067.  Be sure to check your ticket to ensure the proper date and time, as the Court has been known to change regular hours due to time conflicts. 

Further information can be obtained at the following website: http://www.ci.trenton.oh.us/depts/mcourt/mcourt.asp

_____________________

Marty Hubbell is a partner in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com), and has been practicing criminal defense law in Butler and Warren Counties, Ohio for ten years.  He has been named an Ohio Super Lawyer, and is a part-time Magistrate for the City of Lebanon, Ohio.  He can be reached at (513) 932-2121 or MHubbell@DiehlHubbell.com

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Monroe Mayor’s Court

By Marty Hubbell

Some Ohio municipalities have created Mayor’s Courts, as authorized by the Ohio Revised Code.  These Courts hear traffic cases, OVI (or DUI), DUS, and other misdemeanors.

The Monroe Police Department or Sheriff’s department can cite first time offenders into the Monroe, Ohio Mayor’s Court.  Mayor’s Courts are not courts of record, and a Defendant has the automatic right to appeal the case, regardless of the result.  If a Defendant is not pleased with how the case was resolved in Monroe Mayor’s Court, the case can start over in the Butler County Area Court system or the Warren County Court, depending upon where the offense is alleged to have occurred.  It is like getting two bites at the apple, which can be a great advantage to the defense.

When charged with an offense in Monroe Mayor’s Court, it is especially important to retain a local attorney who has experience working in these types of Courts.  Because these Courts are not official, the procedures and formalities can vary greatly, especially compared to County or Municipal Courts.

Monroe Mayor’s Court is located at the City of Monroe Urban Center, 233 South Main Street, Monroe, Ohio  45050.  Court is in session on the second and fourth Tuesdays of each month, beginning at 3:00 p.m. 

 Further information can be obtained at the following website: http://www.monroeohio.org/departments/mayors-court

_____________________

Marty Hubbell is a partner in the law firm of Diehl & Hubbell, LLC (www.DiehlHubbell.com), and has been practicing criminal defense law in Warren County, Ohio for ten years.  He has been named an Ohio Super Lawyer, and is a part-time Magistrate for the City of Lebanon, Ohio.  He can be reached at (513) 932-2121 or MHubbell@DiehlHubbell.com

JOINT AND SEVERAL LIABILITY: TIPS FOR AVOIDING PITFALLS

By:  Tom Diehl (In 2008)

   In the last edition of the Co-Counsel Reporter, we discussed the 
pitfalls occasioned by the  recent modifications and abrogation of 
joint and several liability as set forth in SB 120.  Specifically, 
if a defendant can convince the trier of fact that a different 
defendant has some liability for the injuries sustained, the 
defendants will be liable for the overall damages only according to 
their percentage of liability.  This can have disastrous consequences 
if the “other defendant” is not a party to the suit or is judgment proof.



   To help minimize the potential for disastrous consequences, 
plaintiff's counsel should consider these strategies:

    *    File discovery early requesting the defendant to identify and 
         specify any other defendants allegedly having liability for 
         injuries caused. Consider, submitting requests for admissions 
         demanding defendant to deny the existence of other liable 
         defendants;

    *    In the initial complaint, bring claims against all potential 
         liable
         party defendants;
 
    *    When partially settling with the joint tortfeasor, release 
         only that tortfeasor;
 
    *    Consider filing a challenge to the constitutionality of 
         SB120 -- send a copy of the challenge to the Ohio Attorney 
         General. Grounds for potential constitutional challenge 
         include an argument that SB 120 violates Article II 
         Section 15 (One Subject Rule) or Article IV Section 5  
         (Separation of Powers).


   At Thomas J. Diehl & Co., LLC, we have been handling personal 
injury claims in Southwest Ohio since 1988. We regularly work with 
counsel in ethical fee sharing arrangements.  Thomas J. Diehl is a 
Fellow of the Litigation Counsel of America and a member of the
Million Dollar Advocates Forum.

http://www.ThomasJDiehl.com