As Reported by the Senate Judiciary Committee 1 122nd General Assembly 4 Regular Session Am. H. B. No. 27 5 1997-1998 6 REPRESENTATIVES CAREY-SHOEMAKER-GARCIA-MYERS-JONES- 8 CATES-HOTTINGER-SCHULER-SENATORS BLESSING-LATTA-B. JOHNSON 9 11 A B I L L To amend sections 105.61 and 1901.08 of the Revised 13 Code to change the status of the judge of the 15 Jackson County Municipal Court from part-time to 16 full-time, to change the date on or before which 17 the Elected Officials Compensation Commission 18 must file its recommendations for adjusting the salaries of elected officials, and to declare an 19 emergency. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21 Section 1. That sections 105.61 and 1901.08 of the Revised 23 Code be amended to read as follows: 25 Sec. 105.61. (A) As used in this section, "elected 35 officials" means all of the following: (1) The chief justice and justices of the supreme court, 37 judges of courts of appeals and common pleas courts, and all 38 other judges of courts of record; 39 (2) The governor, lieutenant governor, secretary of state, 41 auditor of state, treasurer of state, and attorney general; 42 (3) Clerks of the courts of common pleas, county auditors, 44 county commissioners, county coroners, county engineers, county 45 recorders, county treasurers, prosecuting attorneys, and 46 sheriffs; (4) Township trustees and clerks. 48 (B) The elected officials compensation commission created 51 under section 105.62 of the Revised Code shall periodically 52 2 evaluate the salaries and duties of elected officials to 53 determine whether the salaries of elected officials are fair and 54 adequate compensation for the duties they are required to 55 perform. If the commission determines that these salaries are not fair and adequate compensation for these duties, it shall 56 recommend necessary adjustments at the times specified in 57 division (C) of this section. 58 (C) Any recommendations that the commission makes to 60 adjust the salaries of any or all elected officials shall be 62 filed with the legislative clerk of the house of representatives 63 and the clerk of the senate on or after the first day of January 64 but before thethirty-firstTHIRTIETH day ofMarchSEPTEMBER of 65 an odd-numbered year. Sec. 1901.08. The number of, and the time for election of, 75 judges of the following municipal courts and the beginning of 76 their terms shall be as follows: 77 In the Akron municipal court, two full-time judges shall be 79 elected in 1951, two full-time judges shall be elected in 1953, 80 one full-time judge shall be elected in 1967, and one full-time 81 judge shall be elected in 1975. 82 In the Alliance municipal court, one full-time judge shall 84 be elected in 1953. 85 In the Ashland municipal court, one full-time judge shall 87 be elected in 1951. 88 In the Ashtabula municipal court, one full-time judge shall 90 be elected in 1953. 91 In the Athens county municipal court, one full-time judge 93 shall be elected in 1967. 94 In the Auglaize county municipal court, one full-time judge 96 shall be elected in 1975. 97 In the Avon Lake municipal court, one part-time judge shall 99 be elected in 1957. 100 In the Barberton municipal court, one full-time judge shall 102 be elected in 1969, and one full-time judge shall be elected in 103 3 1971. 104 In the Bedford municipal court, one full-time judge shall 106 be elected in 1975, and one full-time judge shall be elected in 107 1979. 108 In the Bellefontaine municipal court, one full-time judge 110 shall be elected in 1993. 111 In the Bellevue municipal court, one part-time judge shall 113 be elected in 1951. 114 In the Berea municipal court, one part-time judge shall be 116 elected in 1957,histerm to commence on the first day of January 117 next afterhiselection, and one part-time judge shall be elected 118 in 1981,histerm to commence on the second day of January next 119 afterhiselection. The part-time judge elected in 1987 whose 120 term commenced on January 1, 1988, shall serve until December 31, 121 1993, and the office of that judge is abolished, effective on the 122 earlier of December 31, 1993, or the date on which that judge 123 resigns, retires, or otherwise vacateshisjudicial office. 124 In the Bowling Green municipal court, one full-time judge 126 shall be elected in 1983. 127 In the Bryan municipal court, one full-time judge shall be 129 elected in 1965. 130 In the Cambridge municipal court, one full-time judge shall 132 be elected in 1951. 133 In the Campbell municipal court, one part-time judge shall 135 be elected in 1963. 136 In the Canton municipal court, one full-time judge shall be 138 elected in 1951, one full-time judge shall be elected in 1969, 139 and two full-time judges shall be elected in 1977. 140 In the Celina municipal court, one full-time judge shall be 142 elected in 1957. 143 In the Champaign county municipal court, one part-time 145 judge shall be elected in 1983. 146 In the Chardon municipal court, one part-time judge shall 148 be elected in 1963. 149 4 In the Chillicothe municipal court, one full-time judge 151 shall be elected in 1951, and one full-time judge shall be 152 elected in 1977. 153 In the Circleville municipal court, one full-time judge 155 shall be elected in 1953. 156 In the Clark county municipal court, one full-time judge 158 shall be elected in 1989, and two full-time judges shall be 159 elected in 1991. The full-time judges of the Springfield 160 municipal court who were elected in 1983 and 1985 shall serve as 161 the judges of the Clark county municipal court from January 1, 162 1988, until the end of their respective terms. 163 In the Clermont county municipal court, two full-time 165 judges shall be elected in 1991. 166 In the Cleveland municipal court, six full-time judges 168 shall be elected in 1975, three full-time judges shall be elected 169 in 1953, and four full-time judges shall be elected in 1955. 170 In the Cleveland Heights municipal court, one full-time 172 judge shall be elected in 1957. 173 In the Clinton county municipal court, one full-time judge 175 shall be elected in 1997. The full-time judge of the Wilmington 176 municipal court who was elected in 1991 shall serve as the judge 177 of the Clinton county municipal court from July 1, 1992, until 178 the end ofhisTHAT JUDGE'S term on December 31, 1997. 179 In the Conneaut municipal court, one full-time judge shall 181 be elected in 1953. 182 In the Coshocton municipal court, one full-time judge shall 184 be elected in 1951. 185 In the Crawford county municipal court, one full-time judge 187 shall be elected in 1977. 188 In the Cuyahoga Falls municipal court, one full-time judge 190 shall be elected in 1953, and one full-time judge shall be 191 elected in 1967. 192 In the Dayton municipal court, three full-time judges shall 194 be elected in 1987, their terms to commence on successive days 195 5 beginning on the first day of January next after their election, 196 and two full-time judges shall be elected in 1955, their terms to 197 commence on successive days beginning on the second day of 198 January next after their election. 199 In the Defiance municipal court, one full-time judge shall 201 be elected in 1957. 202 In the Delaware municipal court, one full-time judge shall 204 be elected in 1953. 205 In the East Cleveland municipal court, one full-time judge 207 shall be elected in 1957. 208 In the East Liverpool municipal court, one full-time judge 210 shall be elected in 1953. 211 In the Eaton municipal court, one full-time judge shall be 213 elected in 1973. 214 In the Elyria municipal court, one full-time judge shall be 216 elected in 1955, and one full-time judge shall be elected in 217 1973. 218 In the Euclid municipal court, one full-time judge shall be 220 elected in 1951. 221 In the Fairborn municipal court, one full-time judge shall 223 be elected in 1977. 224 In the Fairfield municipal court, one full-time judge shall 226 be elected in 1989. 227 In the Findlay municipal court, one full-time judge shall 229 be elected in 1955, and one full-time judge shall be elected in 230 1993. 231 In the Fostoria municipal court, one full-time judge shall 233 be elected in 1975. 234 In the Franklin municipal court, one part-time judge shall 236 be elected in 1951. 237 In the Franklin county municipal court, two full-time 239 judges shall be elected in 1969, three full-time judges shall be 240 elected in 1971, seven full-time judges shall be elected in 1967, 241 one full-time judge shall be elected in 1975, and one full-time 242 6 judge shall be elected in 1991. 243 In the Fremont municipal court, one full-time judge shall 245 be elected in 1975. 246 In the Gallipolis municipal court, one full-time judge 248 shall be elected in 1981. 249 In the Garfield Heights municipal court, one full-time 251 judge shall be elected in 1951, and one full-time judge shall be 252 elected in 1981. 253 In the Girard municipal court, one full-time judge shall be 255 elected in 1963. 256 In the Hamilton municipal court, one full-time judge shall 258 be elected in 1953. 259 In the Hamilton county municipal court, five full-time 261 judges shall be elected in 1967, five full-time judges shall be 262 elected in 1971, two full-time judges shall be elected in 1981, 263 and two full-time judges shall be elected in 1983. All terms of 264 judges of the Hamilton county municipal court shall commence on 265 the first day of January next after their election, except that 266 the terms of the additional judges to be elected in 1981 shall 267 commence on January 2, 1982, and January 3, 1982, and that the 268 terms of the additional judges to be elected in 1983 shall 269 commence on January 4, 1984, and January 5, 1984. 270 In the Hardin county municipal court, one part-time judge 272 shall be elected in 1989. 273 In the Hillsboro municipal court, one part-time judge shall 275 be elected in 1957. 276 In the Hocking county municipal court, one full-time judge 278 shall be elected in 1977. 279 In the Huron municipal court, one part-time judge shall be 281 elected in 1967. 282 In the Ironton municipal court, one full-time judge shall 284 be elected in 1951. 285 In the Jackson county municipal court, onepart-time287 FULL-TIME judge shall be elected in19772001. ON AND AFTER THE 289 7 EFFECTIVE DATE OF THIS AMENDMENT, THE PART-TIME JUDGE OF THE 290 JACKSON COUNTY MUNICIPAL COURT WHO WAS ELECTED IN 1995 SHALL 291 SERVE AS A FULL-TIME JUDGE OF THE COURT UNTIL THE END OF THAT 292 JUDGE'S TERM ON DECEMBER 31, 2001. 293 In the Kettering municipal court, one full-time judge shall 295 be elected in 1971, and one full-time judge shall be elected in 296 1975. 297 In the Lakewood municipal court, one full-time judge shall 299 be elected in 1955. 300 In the Lancaster municipal court, one full-time judge shall 302 be elected in 1951, and one full-time judge shall be elected in 303 1979. 304 In the Lawrence county municipal court, one part-time judge 306 shall be elected in 1981. 307 In the Lebanon municipal court, one part-time judge shall 309 be elected in 1955. 310 In the Licking county municipal court, one full-time judge 312 shall be elected in 1951, and one full-time judge shall be 313 elected in 1971. 314 In the Lima municipal court, one full-time judge shall be 316 elected in 1951, and one full-time judge shall be elected in 317 1967. 318 In the Lorain municipal court, one full-time judge shall be 320 elected in 1953, and one full-time judge shall be elected in 321 1973. 322 In the Lyndhurst municipal court, one part-time judge shall 324 be elected in 1957. 325 In the Madison county municipal court, one full-time judge 327 shall be elected in 1981. 328 In the Mansfield municipal court, one full-time judge shall 330 be elected in 1951, and one full-time judge shall be elected in 331 1969. 332 In the Marietta municipal court, one full-time judge shall 334 be elected in 1957. 335 8 In the Marion municipal court, one full-time judge shall be 337 elected in 1951. 338 In the Marysville municipal court, one part-time judge 340 shall be elected in 1963. 341 In the Mason municipal court, one part-time judge shall be 343 elected in 1965. 344 In the Massillon municipal court, one full-time judge shall 346 be elected in 1953, and one full-time judge shall be elected in 347 1971. 348 In the Maumee municipal court, one full-time judge shall be 350 elected in 1963. 351 In the Medina municipal court, one full-time judge shall be 353 elected in 1957. 354 In the Mentor municipal court, one full-time judge shall be 356 elected in 1971. 357 In the Miami county municipal court, one full-time judge 359 shall be elected in 1975, and one full-time judge shall be 360 elected in 1979. 361 In the Miamisburg municipal court, one part-time judge 363 shall be elected in 1951. 364 In the Middletown municipal court, one full-time judge 366 shall be elected in 1953. 367 In the Mount Vernon municipal court, one full-time judge 369 shall be elected in 1951. 370 In the Napoleon municipal court, one part-time judge shall 372 be elected in 1963. 373 In the New Philadelphia municipal court, one full-time 375 judge shall be elected in 1975. 376 In the Newton Falls municipal court, one full-time judge 378 shall be elected in 1963. 379 In the Niles municipal court, one full-time judge shall be 381 elected in 1951. 382 In the Norwalk municipal court, one full-time judge shall 384 be elected in 1975. 385 9 In the Oakwood municipal court, one part-time judge shall 387 be elected in 1953. 388 In the Oberlin municipal court, one full-time judge shall 390 be elected in 1989. 391 In the Oregon municipal court, one full-time judge shall be 393 elected in 1963. 394 In the Ottawa county municipal court, one full-time judge 396 shall be elected in 1995, and the full-time judge of the Port 397 Clinton municipal court who is elected in 1989 shall serve as the 398 judge of the Ottawa county municipal court fromthe effective399date of this amendmentFEBRUARY 4, 1994, until the end ofhis400 THAT JUDGE'S term. 401 In the Painesville municipal court, one full-time judge 403 shall be elected in 1951. 404 In the Parma municipal court, one full-time judge shall be 406 elected in 1951, one full-time judge shall be elected in 1967, 407 and one full-time judge shall be elected in 1971. 408 In the Perrysburg municipal court, one full-time judge 410 shall be elected in 1977. 411 In the Portage county municipal court, two full-time judges 413 shall be elected in 1979, and one full-time judge shall be 414 elected in 1971. 415 In the Port Clinton municipal court, one full-time judge 417 shall be elected in 1953. The full-time judge of the Port 418 Clinton municipal court who is elected in 1989 shall serve as the 419 judge of the Ottawa county municipal court fromthe effective420date of this amendmentFEBRUARY 4, 1994, until the end ofhis422 THAT JUDGE'S term. In the Portsmouth municipal court, one full-time judge 424 shall be elected in 1951, and one full-time judge shall be 425 elected in 1985. 426 In the Rocky River municipal court, one full-time judge 428 shall be elected in 1957, and one full-time judge shall be 429 elected in 1971. 430 10 In the Sandusky municipal court, one full-time judge shall 432 be elected in 1953. 433 In the Shaker Heights municipal court, one full-time judge 435 shall be elected in 1957. 436 In the Shelby municipal court, one part-time judge shall be 438 elected in 1957. 439 In the Sidney municipal court, one full-time judge shall be 441 elected in 1995. 442 In the South Euclid municipal court, one part-time judge 444 shall be elected in 1951. 445 In the Springfield municipal court, two full-time judges 447 shall be elected in 1985, and one full-time judge shall be 448 elected in 1983, all of whom shall serve as the judges of the 449 Springfield municipal court through December 31, 1987, and as the 450 judges of the Clark county municipal court from January 1, 1988, 451 until the end of their respective terms. 452 In the Steubenville municipal court, one full-time judge 454 shall be elected in 1953. 455 In the Struthers municipal court, one part-time judge shall 457 be elected in 1963. 458 In the Sylvania municipal court, one full-time judge shall 460 be elected in 1963. 461 In the Tiffin municipal court, one full-time judge shall be 463 elected in 1953. 464 In the Toledo municipal court, two full-time judges shall 466 be elected in 1971, four full-time judges shall be elected in 467 1975, and one full-time judge shall be elected in 1973. 468 In the Upper Sandusky municipal court, one part-time judge 470 shall be elected in 1957. 471 In the Vandalia municipal court, one full-time judge shall 473 be elected in 1959. 474 In the Van Wert municipal court, one full-time judge shall 476 be elected in 1957. 477 In the Vermilion municipal court, one part-time judge shall 479 11 be elected in 1965. 480 In the Wadsworth municipal court, one full-time judge shall 482 be elected in 1981. 483 In the Warren municipal court, one full-time judge shall be 485 elected in 1951, and one full-time judge shall be elected in 486 1971. 487 In the Washington Court House municipal court, one 489 part-time judge shall be elected in 1951. 490 In the Wayne county municipal court, one full-time judge 492 shall be elected in 1975, and one full-time judge shall be 493 elected in 1979. 494 In the Willoughby municipal court, one full-time judge 496 shall be elected in 1951. 497 In the Wilmington municipal court, one full-time judge 499 shall be elected in 1991, who shall serve as the judge of the 500 Wilmington municipal court through June 30, 1992, and as the 501 judge of the Clinton county municipal court from July 1, 1992, 502 until the end ofhisTHAT JUDGE'S term on December 31, 1997. 503 In the Xenia municipal court, one full-time judge shall be 505 elected in 1977. 506 In the Youngstown municipal court, one full-time judge 508 shall be elected in 1951, and two full-time judges shall be 509 elected in 1953. 510 In the Zanesville municipal court, one full-time judge 512 shall be elected in 1953. 513 Section 2. That existing sections 105.61 and 1901.08 of 515 the Revised Code are hereby repealed. 517 Section 3. On and after the effective date of this act, 519 the full-time judge of the Jackson County Municipal Court, who 520 prior to the effective date of this act was the part-time judge 521 of that court, shall perform the duties of the full-time judge of 522 a municipal court, shall receive the salary specified in law for 523 the full-time judge of a municipal court, and shall be subject to any restriction specified in law for the full-time judge of a 524 12 municipal court. Section 4. This act is hereby declared to be an emergency 526 measure necessary for the immediate preservation of the public 527 peace, health, and safety. The reason for such necessity is that 528 the additional time this act grants to the Elected Officials 529 Compensation Commission is crucially needed for the Commission to 530 properly perform its duties. Therefore, this act shall go into immediate effect. 531