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Updated: 8:39 AM Jan 11, 2008
Is It a Speed Trap?
Lawsuit could decide whether the mayor can be judge and jury.
Posted: 6:08 AM Jan 11, 2008Reporter: Michael Wooten Email Address: michael.wooten@wsaz.com |
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104 Comments 
NewsChannel 3 investigated accusations against a small town.
The mayor of Hanging Rock, Ohio, is accused of violating the Constitution and he may have to defend himself in court.
NewsChannel 3's Michael Wooten found out many Ohio towns could be affected by one local woman's crusade.
It's a complicated case involving very big issues like separation of powers, justice and small town politics. But it boils down to this, does a mayor have the power to serve as judge and jury when deciding legal matters like speeding tickets.
The small village of Hanging Rock, Ohio, has a dubious distinction.
When asked whether Courtney Johnson believes Hanging Rock is a speed trap, she said yes. "They like to sit right over here under this underpass and just wait for you."
Last year, she was near that underpass when an officer pulled her over.
"They got me for all this stuff that I just didn't do. They said the roads were icy and they were clear. They said that I almost caused a wreck in moderate traffic, and there were just three vehicles on the road."
The bigger controversy, once you're ticketed in Hanging Rock, the case goes before the mayor's court.
Mayor Chris Davidson also serves as the judge and jury.
Karen Lahr found that to be outrageous and illegal.
So she filed a lawsuit, saying the mayor "has abused and is abusing and ignoring the Constitution of the United States of America." And a federal appeals court seems to agree.
In 1999, it ruled mayors cannot serve as judges, because they have an inherent conflict of interest.
A study by the Ohio Supreme Court shows Hanging Rock, population 279, had nearly 2,000 cases last year in mayor's court.
That's an average of nearly 700 cases per 100 people. The third highest rate of any town in Ohio.
At mayor's court Thursday night, the mayor had no comment.
He was polite and said he would sit down with WSAZ NewsChannel 3 after the legal issues are over.
The Ohio Supreme Court is pushing for a bill that would ban these mayor's courts.
Right now, it's in the judiciary committee in Columbus.
Latest Comments
Is It a Speed Trap? On August 4, 2010, I was travelling with my family (Wife and son) from Dayton, OH to Cary, NC through HWY 52 S. I was stopped by a town police officer and issued a speeding ticket stating my speed was 71 mph in a 55 mph zone. The traffic ticket was asking me to appear in Mayor's Court on September 2, 2010 at 7:30 pm. The fine is for $152. I would like to state my case that in over 40 years of driving record, I have never had a traffic violation or parking ticket issued to me. I am a very safe driver. My speedometer was clocking me at 56 mph average speed and also this was confirmed by the GPS system, in the car. My family can support my statements. The officer was totally unprofessional and never showed his ID badge. He was chewing tobacco and was very unprofessional doubting me all the time. All my records were up to date including registration, insurance, and drivers license. I believe this is a case of profiling me specifically a
Yep.....it's a trap ! The guy that stopped me looked like a hillbilly up from a long nap....scraggley beard and all.Not sure what's up with the whole deal in Hanging Rock. The secretary at the mayor court office sounded like she's was on speed or something when I called moments ago to inquire about payment.Drivers beware!
john, the lawsuit isnt about whether she was speeding or not speeding it was about the mayor being able to be the judge and jury....it is like leaving the fox to guard the hen house
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