ward
village
monroeville
argued
october
decided
november
petitioner
denied
trial
disinterested
impartial
judicial
officer
guaranteed
due
process
clause
fourteenth
amendment
compelled
stand
trial
traffic
offenses
mayor
responsible
village
finances
whose
fines
forfeitures
costs
fees
provided
substantial
portion
village
funds
tumey
ohio
statutory
provision
disqualification
interested
biased
judges
afford
petitioner
sufficient
safeguard
constitutional
relevance
petitioner
later
tried
de
novo
another
entitled
impartial
judge
first
instance
pp
ohio
reversed
remanded
brennan
delivered
opinion
burger
douglas
stewart
marshall
blackmun
powell
joined
white
filed
dissenting
opinion
rehnquist
joined
post
bernard
berkman
argued
cause
petitioner
brief
niki
schwartz
franklin
eckstein
argued
cause
respondent
brief
joseph
dush
justice
brennan
delivered
opinion
pursuant
ohio
rev
code
ann
et
seq
authorizes
mayors
sit
judges
cases
ordinance
violations
certain
traffic
offenses
mayor
monroeville
ohio
convicted
petitioner
two
traffic
offenses
fined
ohio
appeals
huron
county
ohio
app
ohio
ohio
three
justices
dissenting
sustained
conviction
rejecting
petitioner
objection
trial
mayor
also
responsibilities
revenue
production
law
enforcement
denied
trial
disinterested
impartial
judicial
officer
guaranteed
due
process
clause
fourteenth
amendment
granted
certiorari
mayor
monroeville
wide
executive
powers
chief
conservator
peace
president
village
council
presides
meetings
votes
case
tie
accounts
annually
council
respecting
village
finances
fills
vacancies
village
offices
general
overall
supervision
village
affairs
major
part
village
income
derived
fines
forfeitures
costs
fees
imposed
mayor
thus
income
contributed
total
village
revenues
revenue
importance
village
legislation
threatened
loss
village
retained
management
consultant
advice
upon
problem
conceding
revenue
produced
mayor
provides
substantial
portion
municipality
funds
ohio
held
nonetheless
fact
mean
mayor
impartiality
diminished
thereby
act
disinterested
fashion
judicial
capacity
ohio
disagree
conclusion
issue
turns
ohio
acknowledged
whether
mayor
regarded
impartial
judge
principles
laid
tumey
ohio
convictions
prohibition
law
violations
rendered
mayor
north
college
hill
ohio
reversed
appeared
addition
regular
salary
mayor
received
fees
costs
levied
alleged
violators
held
certainly
violates
fourteenth
amendment
deprives
defendant
criminal
case
due
process
law
subject
liberty
property
judgment
judge
direct
personal
substantial
pecuniary
interest
reaching
conclusion
case
fact
mayor
shared
directly
fees
costs
define
limits
principle
although
mere
union
executive
power
judicial
power
said
violate
due
process
law
test
whether
mayor
situation
one
offer
possible
temptation
average
man
judge
forget
burden
proof
required
convict
defendant
might
lead
hold
balance
nice
clear
true
state
accused
plainly
possible
temptation
may
also
exist
mayor
executive
responsibilities
village
finances
may
make
partisan
maintain
high
level
contribution
mayor
situation
official
perforce
occupies
two
practically
seriously
inconsistent
positions
one
partisan
judicial
necessarily
involves
lack
due
process
law
trial
defendants
charged
crimes
situation
wholly
unlike
dugan
ohio
ohio
deemed
controlling
mayor
xenia
ohio
judicial
functions
limited
executive
authority
city
governed
commission
five
members
including
mayor
exercised
legislative
powers
city
manager
together
commission
exercised
executive
powers
circumstances
held
mayor
relationship
finances
financial
policy
city
remote
warrant
presumption
bias
toward
conviction
prosecutions
judge
respondent
urges
ohio
statutory
provision
ohio
rev
code
ann
supp
disqualification
interested
biased
prejudiced
judges
sufficient
safeguard
protect
petitioner
rights
argument
persuasive
first
highly
dubious
provision
available
raise
petitioner
broad
challenge
mayor
village
respect
prosecutions
fines
may
imposed
provision
apparently
designed
objection
particular
mayor
specific
case
circumstances
municipality
might
warrant
finding
prejudice
case
ohio
emphasis
added
means
accused
must
show
special
prejudice
particular
case
statute
requires
much
protects
little
even
petitioner
might
utilized
procedure
make
objection
ohio
passed
upon
constitutional
contention
despite
petitioner
failure
invoke
procedure
circumstance
see
raley
ohio
may
heard
urge
ohio
erred
holding
established
fourteenth
amendment
claim
respondent
also
argues
unfairness
trial
level
corrected
appeal
trial
de
novo
county
common
pleas
disagree
procedural
safeguard
guarantee
fair
trial
mayor
nothing
suggest
incentive
convict
diminished
possibility
reversal
appeal
event
may
state
trial
procedure
deemed
constitutionally
acceptable
simply
state
eventually
offers
defendant
impartial
adjudication
petitioner
entitled
neutral
detached
judge
first
instance
accordingly
judgment
ohio
reversed
case
remanded
proceedings
inconsistent
opinion
ordered
footnotes
whereas
legislation
known
county
law
passed
general
assembly
greatly
reduces
jurisdictional
powers
mayor
courts
january
whereas
restrictions
may
place
hardship
upon
law
enforcement
personnel
village
surrounding
areas
endanger
health
welfare
safety
persons
residing
village
whereas
provisions
legislation
may
cause
reduction
revenue
village
additional
burden
may
result
increased
taxation
curtailment
services
essential
health
welfare
safety
village
ordained
village
monroeville
ohio
section
services
management
consulting
firm
midwest
consultants
incorporated
sandusky
ohio
employed
conduct
survey
study
ascertain
extent
effects
county
law
law
enforcement
loss
revenue
village
monroeville
ohio
said
village
prepare
future
operations
village
safeguard
health
sic
welfare
safety
citizens
question
presented
record
constitutionality
mayor
participation
adjudication
punishment
defendant
litigated
case
elects
contest
charges
intimate
view
unconstitutional
permit
mayor
similar
official
serve
essentially
ministerial
capacity
traffic
ordinance
violation
case
accept
free
voluntary
plea
guilty
nolo
contendere
forfeiture
collateral
like
justice
white
justice
rehnquist
joins
dissenting
ohio
mayor
judged
case
direct
financial
stake
outcome
tumey
ohio
therefore
controlling
extend
justify
striking
ohio
system
face
must
assume
either
every
every
case
disregard
oath
administer
justice
contrary
constitutional
commands
happen
often
enough
warrant
prophylactic
per
se
rule
urged
petitioner
make
neither
assumption
respect
ohio
mayors
respect
similar
officials
hence
leave
due
process
matter
decided
basis
question
understand
posture
case
us
affirm
judgment