Ohio Magistrates Are Governed by Crim.R. 19

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When you are arrested on a criminal case, you may find yourself in front of a magistrate instead of a judge.  This is common, but may cause confusion if you are asked to give your consent to allow the magistrate to hear your case.  Set forth below is a cursory examination of the authority given to criminal magistrates in Ohio.

Criminal Rule 19 governs the authority of magistrates in the municipal courts.  A court can refer to the magistrate any of the following: (1) Initial appearances and preliminary hearings conducted under Criminal Rule 5. (2) Arraignments (Crim. R. 10). (3) Proceedings at which the plea may be entered (Crim. R. 11) with the limitations that the matter must be a misdemeanor and all parties unanimously agree on the record or in writing that the magistrate may hear the case. (4) Pretrial conferences (Crim. R. 17.1). (5) Proceedings to establish bail (Crim. R. 46). (6) Proceedings for the issuance of a temporary protection order. (7) Trial of any misdemeanor case where the parties unanimously agree to magistrate jurisdiction.  Once a magistrate issues a decision, a party has fourteen days to file an objection to the decision (see Crim. R. 19 for specifics).