As Reported by the House Criminal Justice Committee         1            

122nd General Assembly                                             4            

   Regular Session                            Sub. H. B. No. 444   5            

      1997-1998                                                    6            


          REPRESENTATIVES TAYLOR-BENDER-METELSKY-GARCIA            8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 2301.02 and 2301.03 of the Revised  12           

                Code to add two judges to the Lorain County Court  13           

                of Common Pleas, one to be elected to the          14           

                Division of Domestic Relations of that Court.      15           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That sections 2301.02 and 2301.03 of the         18           

Revised Code be amended to read as follows:                        19           

      Sec. 2301.02.  The number of judges of the court of common   28           

pleas for each county, the time for the next election of the       29           

judges in the several counties, and the beginning of their terms   30           

shall be as follows:                                               31           

      (A)  In Adams, Ashland, Fayette, and Pike counties, one      33           

judge, elected in 1956, term to begin February 9, 1957;            34           

      In Brown, Crawford, Defiance, Highland, Holmes, Morgan,      36           

Ottawa, and Union counties, one judge, to be elected in 1954,      37           

term to begin February 9, 1955;                                    38           

      In Auglaize county, one judge, to be elected in 1956, term   40           

to begin January 9, 1957;                                          41           

      In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,       43           

Jackson, Knox, Logan, Madison, Mercer, Monroe, Morrow, Paulding,   44           

Vinton, and Wyandot counties, one judge, to be elected in 1956,    45           

term to begin January 1, 1957;                                     46           

      In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway,    48           

Preble, Shelby, Van Wert, and Williams counties, one judge, to be  49           

elected in 1952, term to begin January 1, 1953;                    50           

      In Harrison and Noble counties, one judge, to be elected in  52           

                                                          2      

                                                                 
1954, term to begin April 18, 1955;                                53           

      In Henry and Putnam counties, one judge, to be elected in    55           

1956, term to begin May 9, 1957;                                   56           

      In Huron county, one judge, to be elected in 1952, term to   58           

begin May 14, 1953;                                                59           

      In Perry county, one judge, to be elected in 1954, term to   61           

begin July 6, 1956;                                                62           

      In Sandusky county, two judges, one to be elected in 1954,   64           

term to begin February 10, 1955, and one to be elected in 1978,    65           

term to begin January 1, 1979;                                     66           

      (B)  In Allen county, three judges, one to be elected in     68           

1956, term to begin February 9, 1957, the second to be elected in  69           

1958, term to begin January 1, 1959, and the third to be elected   70           

in 1992, term to begin January 1, 1993;                            71           

      In Ashtabula county, three judges, one to be elected in      73           

1954, term to begin February 9, 1955, one to be elected in 1960,   74           

term to begin January 1, 1961, and one to be elected in 1978,      75           

term to begin January 2, 1979;                                     76           

      In Athens county, two judges, one to be elected in 1954,     78           

term to begin February 9, 1955, and one to be elected in 1990,     79           

term to begin July 1, 1991;                                        80           

      In Erie county, two judges, one to be elected in 1956, term  82           

to begin January 1, 1957, and the second to be elected in 1970,    83           

term to begin January 2, 1971;                                     84           

      In Fairfield county, three judges, one to be elected in      86           

1954, term to begin February 9, 1955, the second to be elected in  87           

1970, term to begin January 1, 1971, and the third to be elected   88           

in 1994, term to begin January 2, 1995;                            89           

      In Geauga county, two judges, one to be elected in 1956,     91           

term to begin January 1, 1957, and the second to be elected in     92           

1976, term to begin January 1, 1977;                               93           

      In Greene county, four judges, one to be elected in 1956,    95           

term to begin February 9, 1957, the second to be elected in 1960,  96           

term to begin January 1, 1961, the third to be elected in 1978,    97           

                                                          3      

                                                                 
term to begin January 2, 1979, and the fourth to be elected in     98           

1994, term to begin January 1, 1995;                               99           

      In Hancock county, two judges, one to be elected in 1952,    101          

term to begin January 1, 1953, and the second to be elected in     102          

1978, term to begin January 1, 1979;                               103          

      In Lawrence county, two judges, one to be elected in 1954,   105          

term to begin February 9, 1955, and the second to be elected in    106          

1976, term to begin January 1, 1977;                               107          

      In Marion county, two judges, one to be elected in 1952,     109          

term to begin January 1, 1953, and the second to be elected in     110          

1976, term to begin January 2, 1977;                               111          

      In Medina county, three judges, one to be elected in 1956,   113          

term to begin January 1, 1957, the second to be elected in 1966,   114          

term to begin January 1, 1967, and the third to be elected in      115          

1994, term to begin January 1, 1995;                               116          

      In Miami county, two judges, one to be elected in 1954,      118          

term to begin February 9, 1955, and one to be elected in 1970,     119          

term to begin on January 1, 1971;                                  120          

      In Muskingum county, two judges, one to be elected in 1968,  122          

term to begin August 9, 1969, and one to be elected in 1978, term  123          

to begin January 1, 1979;                                          124          

      In Portage county, three judges, one to be elected in 1956,  126          

term to begin January 1, 1957, the second to be elected in 1960,   127          

term to begin January 1, 1961, and the third to be elected in      128          

1986, term to begin January 2, 1987;                               129          

      In Ross county, two judges, one to be elected in 1956, term  131          

to begin February 9, 1957, and the second to be elected in 1976,   132          

term to begin January 1, 1977;                                     133          

      In Scioto county, three judges, one to be elected in 1954,   135          

term to begin February 10, 1955, the second to be elected in       136          

1960, term to begin January 1, 1961, and the third to be elected   137          

in 1994, term to begin January 2, 1995;                            138          

      In Seneca county, two judges, one to be elected in 1956,     140          

term to begin January 1, 1957, and the second to be elected in     141          

                                                          4      

                                                                 
1986, term to begin January 2, 1987;                               142          

      In Warren county, three judges, one to be elected in 1954,   144          

term to begin February 9, 1955, the second to be elected in 1970,  145          

term to begin January 1, 1971, and the third to be elected in      146          

1986, term to begin January 1, 1987;                               147          

      In Washington county, two judges, one to be elected in       149          

1952, term to begin January 1, 1953, and one to be elected in      150          

1986, term to begin January 1, 1987;                               151          

      In Wood county, three judges, one to be elected in 1968,     153          

term beginning January 1, 1969, the second to be elected in 1970,  154          

term to begin January 2, 1971, and the third to be elected in      155          

1990, term to begin January 1, 1991;                               156          

      In Belmont and Jefferson counties, two judges, to be         158          

elected in 1954, terms to begin January 1, 1955, and February 9,   159          

1955, respectively;                                                160          

      In Clark county, four judges, one to be elected in 1952,     162          

term to begin January 1, 1953, the second to be elected in 1956,   163          

term to begin January 2, 1957, the third to be elected in 1986,    164          

term to begin January 3, 1987, and the fourth to be elected in     165          

1994, term to begin January 2, 1995.                               166          

      In Clermont county, four judges, one to be elected in 1956,  168          

term to begin January 1, 1957, the second to be elected in 1964,   169          

term to begin January 1, 1965, the third to be elected in 1982,    170          

term to begin January 2, 1983, and the fourth to be elected in     171          

1986, term to begin January 2, 1987;                               172          

      In Columbiana county, two judges, one to be elected in       174          

1952, term to begin January 1, 1953, and the second to be elected  175          

in 1956, term to begin January 1, 1957;                            176          

      In Delaware county, two judges, one to be elected in 1990,   178          

term to begin February 9, 1991, the second to be elected in 1994,  179          

term to begin January 1, 1995;                                     180          

      In Lake county, five judges, one to be elected in 1958,      182          

term to begin January 1, 1959, the second to be elected in 1960,   183          

term to begin January 2, 1961, the third to be elected in 1964,    184          

                                                          5      

                                                                 
term to begin January 3, 1965, and the fourth and fifth to be      185          

elected in 1978, terms to begin on January 4, 1979, and January    186          

5, 1979, respectively;                                             187          

      In Licking county, three judges, one to be elected in 1954,  189          

term to begin February 9, 1955, one to be elected in 1964, term    190          

to begin January 1, 1965, and one to be elected in 1990, term to   191          

begin January 1, 1991;                                             192          

      In Lorain county, six EIGHT judges, two to be elected in     194          

1952, terms to begin January 1, 1953, and January 2, 1953,         195          

respectively, one to be elected in 1958, term to begin January 3,  196          

1959, one to be elected in 1968, term to begin January 1, 1969,    197          

and two to be elected in 1988, terms to begin January 4, 1989,     198          

and January 5, 1989, respectively, AND TWO TO BE ELECTED IN 1998,  199          

TERMS TO BEGIN JANUARY 2, 1999, AND JANUARY 3, 1999,               201          

RESPECTIVELY;                                                                   

      In Butler county, eight judges, one to be elected in 1956,   203          

term to begin January 1, 1957; two to be elected in 1954, terms    204          

to begin January 1, 1955, and February 9, 1955, respectively; one  205          

to be elected in 1968, term to begin January 2, 1969; one to be    206          

elected in 1986, term to begin January 3, 1987; two to be elected  207          

in 1988, terms to begin January 1, 1989, and January 2, 1989,      208          

respectively; and one to be elected in 1992, term to begin         209          

January 4, 1993;                                                   210          

      In Richland county, three judges, one to be elected in       212          

1956, term to begin January 1, 1957, the second to be elected in   213          

1960, term to begin February 9, 1961, and the third to be elected  214          

in 1968, term to begin January 2, 1969;                            215          

      In Tuscarawas county, two judges, one to be elected in       217          

1956, term to begin January 1, 1957, and the second to be elected  218          

in 1960, term to begin January 2, 1961;                            219          

      In Wayne county, two judges, one to be elected in 1956,      221          

term beginning January 1, 1957, and one to be elected in 1968,     222          

term to begin January 2, 1969;                                     223          

      In Trumbull county, six judges, one to be elected in 1952,   225          

                                                          6      

                                                                 
term to begin January 1, 1953, the second to be elected in 1954,   226          

term to begin January 1, 1955, the third to be elected in 1956,    227          

term to begin January 1, 1957, the fourth to be elected in 1964,   228          

term to begin January 1, 1965, the fifth to be elected in 1976,    229          

term to begin January 2, 1977; and the sixth to be elected in      230          

1994, term to begin January 3, 1995;                               231          

      (C)  In Cuyahoga county, thirty-nine judges; eight to be     233          

elected in 1954, terms to begin on successive days beginning from  234          

January 1, 1955, to January 7, 1955, and February 9, 1955,         235          

respectively; eight to be elected in 1956, terms to begin on       236          

successive days beginning from January 1, 1957, to January 8,      237          

1957; three to be elected in 1952, terms to begin from January 1,  238          

1953, to January 3, 1953; two to be elected in 1960, terms to      239          

begin on January 8, 1961, and January 9, 1961, respectively; two   240          

to be elected in 1964, terms to begin January 4, 1965, and         241          

January 5, 1965, respectively; one to be elected in 1966, term to  242          

begin on January 10, 1967; four to be elected in 1968, terms to    243          

begin on successive days beginning from January 9, 1969, to        244          

January 12, 1969; two to be elected in 1974, terms to begin on     245          

January 18, 1975, and January 19, 1975, respectively; five to be   246          

elected in 1976, terms to begin on successive days beginning       247          

January 6, 1977, to January 10, 1977; two to be elected in 1982,   248          

terms to begin January 11, 1983, and January 12, 1983,             249          

respectively; and two to be elected in 1986, terms to begin        250          

January 13, 1987, and January 14, 1987, respectively;              251          

      In Franklin county, twenty-one judges; two to be elected in  254          

1954, terms to begin January 1, 1955, and February 9, 1955,                     

respectively; four to be elected in 1956, terms to begin January   255          

1, 1957, to January 4, 1957; four to be elected in 1958, terms to  256          

begin January 1, 1959, to January 4, 1959; three to be elected in  257          

1968, terms to begin January 5, 1969, to January 7, 1969; three    258          

to be elected in 1976, terms to begin on successive days           259          

beginning January 5, 1977, to January 7, 1977; one to be elected   260          

in 1982, term to begin January 8, 1983; one to be elected in       261          

                                                          7      

                                                                 
1986, term to begin January 9, 1987; two to be elected in 1990,    263          

terms to begin July 1, 1991, and July 2, 1991, respectively; and   264          

one to be elected in 1996, term to begin January 2, 1997;          265          

      In Hamilton county, twenty-one judges; eight to be elected   268          

in 1966, terms to begin January 1, 1967, January 2, 1967, and      269          

from February 9, 1967, to February 14, 1967, respectively; five    270          

to be elected in 1956, terms to begin from January 1, 1957, to     271          

January 5, 1957; one to be elected in 1964, term to begin January  272          

1, 1965; one to be elected in 1974, term to begin January 15,      273          

1975; one to be elected in 1980, term to begin January 16, 1981;   274          

two to be elected at large in the general election in 1982, terms  275          

to begin April 1, 1983; one to be elected in 1990, term to begin   276          

July 1, 1991; and two to be elected in 1996, terms to begin        277          

January 3, 1997, and January 4, 1997, respectively;                278          

      In Lucas county, fourteen judges; two to be elected in       280          

1954, terms to begin January 1, 1955, and February 9, 1955,        281          

respectively; two to be elected in 1956, terms to begin January    282          

1, 1957, and October 29, 1957, respectively; two to be elected in  283          

1952, terms to begin January 1, 1953, and January 2, 1953,         284          

respectively; one to be elected in 1964, term to begin January 3,  285          

1965; one to be elected in 1968, term to begin January 4, 1969;    286          

two to be elected in 1976, terms to begin January 4, 1977, and     287          

January 5, 1977, respectively; one to be elected in 1982, term to  288          

begin January 6, 1983; one to be elected in 1988, term to begin    289          

January 7, 1989; one to be elected in 1990, term to begin January  290          

2, 1991; and one to be elected in 1992, term to begin January 2,   291          

1993;                                                              292          

      In Mahoning county, seven judges; three to be elected in     294          

1954, terms to begin January 1, 1955, January 2, 1955, and         295          

February 9, 1955, respectively; one to be elected in 1956, term    296          

to begin January 1, 1957; one to be elected in 1952, term to       297          

begin January 1, 1953; one to be elected in 1968, term to begin    298          

January 2, 1969; and one to be elected in 1990, term to begin      299          

July 1, 1991;                                                      300          

                                                          8      

                                                                 
      In Montgomery county, fifteen judges; three to be elected    302          

in 1954, terms to begin January 1, 1955, January 2, 1955, and      303          

January 3, 1955, respectively; four to be elected in 1952, terms   304          

to begin January 1, 1953, January 2, 1953, July 1, 1953, July 2,   305          

1953, respectively; one to be elected in 1964, term to begin       306          

January 3, 1965; one to be elected in 1968, term to begin January  307          

3, 1969; three to be elected in 1976, terms to begin on            308          

successive days beginning January 4, 1977, to January 6, 1977;     309          

two to be elected in 1990, terms to begin July 1, 1991, and July   310          

2, 1991, respectively; and one to be elected in 1992, term to      311          

begin January 1, 1993.                                             312          

      In Stark county, eight judges; one to be elected in 1958,    314          

term to begin on January 2, 1959; two to be elected in 1954,       315          

terms to begin on January 1, 1955, and February 9, 1955,           316          

respectively; two to be elected in 1952, terms to begin January    317          

1, 1953, and April 16, 1953, respectively; one to be elected in    318          

1966, term to begin on January 4, 1967; and two to be elected in   319          

1992, terms to begin January 1, 1993, and January 2, 1993,         320          

respectively;                                                      321          

      In Summit county, eleven judges; four to be elected in       323          

1954, terms to begin January 1, 1955, January 2, 1955, January 3,  324          

1955, and February 9, 1955, respectively; three to be elected in   325          

1958, terms to begin January 1, 1959, January 2, 1959, and May     326          

17, 1959, respectively; one to be elected in 1966, term to begin   327          

January 4, 1967; one to be elected in 1968, term to begin January  328          

5, 1969; one to be elected in 1990, term to begin May 1, 1991;     329          

and one to be elected in 1992, term to begin January 6, 1993.      330          

      Notwithstanding the foregoing provisions, in any county      332          

having two or more judges of the court of common pleas, in which   333          

more than one-third of the judges plus one were previously         334          

elected at the same election, if the office of one of those        335          

judges so elected becomes vacant more than forty days prior to     336          

the second general election preceding the expiration of that       337          

judge's term, the office that that judge had filled shall be       338          

                                                          9      

                                                                 
abolished as of the date of the next general election, and a new   339          

office of judge of the court of common pleas shall be created.     340          

The judge who is to fill that new office shall be elected for a    341          

six-year term at the next general election, and the term of that   343          

judge shall commence on the first day of the year following that   344          

general election, on which day no other judge's term begins so     345          

that the number of judges which such county shall elect shall not  346          

be reduced.                                                        347          

      Judges of the probate division of the court of common pleas  349          

are judges of the court of common pleas, but shall be elected      350          

pursuant to sections 2101.02 and 2101.021 of the Revised Code,     351          

except in Adams, Harrison, Henry, Morgan, Morrow, Noble, and       352          

Wyandot counties in which the judge of the court of common pleas   353          

elected pursuant to this section shall also serve as judge of the  354          

probate division.                                                  355          

      Sec. 2301.03.  (A)  In Franklin county, the judges of the    365          

court of common pleas whose terms begin on January 1, 1953,        366          

January 2, 1953, January 5, 1969, January 5, 1977, and January 2,  367          

1997, and successors, shall have the same qualifications,          368          

exercise the same powers and jurisdiction, and receive the same    369          

compensation as other judges of the court of common pleas of       370          

Franklin county and shall be elected and designated as judges of   371          

the court of common pleas, division of domestic relations.  They   372          

shall have all the powers relating to juvenile courts, and all     373          

cases under Chapter 2151. of the Revised Code, all parentage       374          

proceedings under Chapter 3111. of the Revised Code over which     375          

the juvenile court has jurisdiction, and all divorce, dissolution  376          

of marriage, legal separation, and annulment cases shall be        377          

assigned to them.  In addition to the judge's regular duties, the  378          

judge who is senior in point of service shall serve on the         380          

children services board and the county advisory board and shall    381          

be the administrator of the domestic relations division and its    382          

subdivisions and departments.                                                   

      (B)(1)  In Hamilton county, the judge of the court of        384          

                                                          10     

                                                                 
common pleas, whose term begins on January 1, 1957, and            385          

successors, and the judge of the court of common pleas, whose      386          

term begins on February 14, 1967, and successors, shall be the     387          

juvenile judges as provided in Chapter 2151. of the Revised Code,  388          

with the powers and jurisdiction conferred by that chapter.        389          

      (2)  The judges of the court of common pleas whose terms     391          

begin on January 5, 1957, January 16, 1981, and July 1, 1991, and  392          

successors, shall be elected and designated as judges of the       393          

court of common pleas, division of domestic relations, and shall   394          

have assigned to them all divorce, dissolution of marriage, legal  395          

separation, and annulment cases coming before the court.  On or    396          

after the first day of July and before the first day of August of  397          

1991 and each year thereafter, a majority of the judges of the     398          

division of domestic relations shall elect one of the judges of    399          

the division as administrative judge of that division.  If a       400          

majority of the judges of the division of domestic relations are   401          

unable for any reason to elect an administrative judge for the     403          

division before the first day of August, a majority of the judges  404          

of the Hamilton county court of common pleas, as soon as possible  405          

after that date, shall elect one of the judges of the division of  406          

domestic relations as administrative judge of that division.  The  407          

term of the administrative judge shall begin on the earlier of     408          

the first day of August of the year in which the administrative    409          

judge is elected or the date on which the administrative judge is  411          

elected by a majority of the judges of the Hamilton county court   414          

of common pleas and shall terminate on the date on which the       415          

administrative judge's successor is elected in the following       416          

year.                                                              417          

      In addition to the judge's regular duties, the               419          

administrative judge of the division of domestic relations shall   421          

be the administrator of the domestic relations division and its    422          

subdivisions and departments and shall have charge of the          423          

employment, assignment, and supervision of the personnel of the    424          

division engaged in handling, servicing, or investigating          425          

                                                          11     

                                                                 
divorce, dissolution of marriage, legal separation, and annulment  426          

cases, including any referees considered necessary by the judges   427          

in the discharge of their various duties.                          428          

      The administrative judge of the division of domestic         430          

relations also shall designate the title, compensation, expense    431          

allowances, hours, leaves of absence, and vacations of the         432          

personnel of the division, and shall fix the duties of its         433          

personnel.  The duties of the personnel, in addition to those      434          

provided for in other sections of the Revised Code, shall include  435          

the handling, servicing, and investigation of divorce,             436          

dissolution of marriage, legal separation, and annulment cases     437          

and counseling and conciliation services that may be made          438          

available to persons requesting them, whether or not the persons   439          

are parties to an action pending in the division.                  440          

      The board of county commissioners shall appropriate the sum  442          

of money each year as will meet all the administrative expenses    443          

of the division of domestic relations, including reasonable        444          

expenses of the domestic relations judges and the division         445          

counselors and other employees designated to conduct the           446          

handling, servicing, and investigation of divorce, dissolution of  447          

marriage, legal separation, and annulment cases, conciliation and  448          

counseling, and all matters relating to those cases and            449          

counseling, and the expenses involved in the attendance of         450          

division personnel at domestic relations and welfare conferences   451          

designated by the division, and the further sum each year as will  452          

provide for the adequate operation of the division of domestic     453          

relations.                                                         454          

      The compensation and expenses of all employees and the       456          

salary and expenses of the judges shall be paid by the county      457          

treasurer from the money appropriated for the operation of the     458          

division, upon the warrant of the county auditor, certified to by  459          

the administrative judge of the division of domestic relations.    460          

      The summonses, warrants, citations, subpoenas, and other     462          

writs of the division may issue to a bailiff, constable, or staff  463          

                                                          12     

                                                                 
investigator of the division or to the sheriff of any county or    464          

any marshal, constable, or police officer, and the provisions of   465          

law relating to the subpoenaing of witnesses in other cases shall  466          

apply insofar as they are applicable.  When a summons, warrant,    467          

citation, subpoena, or other writ is issued to an officer, other   468          

than a bailiff, constable, or staff investigator of the division,  469          

the expense of serving it shall be assessed as a part of the       470          

costs in the case involved.                                        471          

      (3)  The judge of the court of common pleas of Hamilton      474          

County whose term begins on January 3, 1997, shall be elected and  475          

designated for one term only as the drug court judge of the court  476          

of common pleas of Hamilton County, and the successors to that     478          

judge shall be elected and designated as judges of the general     479          

division of the court of common pleas of Hamilton county and       480          

shall not have the authority granted by division (B)(3) of this    481          

section.  The drug court judge may accept or reject any case       482          

referred to the drug court judge under division (B)(3) of this     483          

section.  After the drug court judge accepts a referred case, the  484          

drug court judge has full authority over the case, including the   485          

authority to conduct arraignment, accept pleas, enter findings     486          

and dispositions, conduct trials, order treatment, and if          487          

treatment is not successfully completed pronounce and enter        488          

sentence.                                                                       

      A judge of the general division of the court of common       490          

pleas of Hamilton County and a judge of the Hamilton County        492          

municipal court may refer to the drug court judge any case, and    493          

any companion cases, the judge determines meet the criteria        494          

described under divisions (B)(3)(a) and (b) of this section.  If   496          

the drug court judge accepts referral of a referred case, the      497          

case, and any companion cases, shall be transferred to the drug    499          

court judge.  A judge may refer a case meeting the criteria                     

described in divisions (B)(3)(a) and (b) of this section that      501          

involves a violation of a term of probation to the drug court      502          

judge, and, if the drug court judge accepts the referral, the      504          

                                                          13     

                                                                 
referring judge and the drug court judge have concurrent           505          

jurisdiction over the case.                                                     

      A judge of the general division of the court of common       507          

pleas of Hamilton County and a judge of the Hamilton County        508          

municipal court may refer a case to the drug court judge under     509          

division (B)(3) of this section if the judge determines that both  510          

of the following apply:                                                         

      (a)  One of the following applies:                           512          

      (i)  The case involves a drug abuse offense, as defined in   514          

section 2925.01 of the Revised Code, that is a felony of the       516          

third or fourth degree if the offense is committed prior to July   517          

1, 1996, a felony of the third, fourth, or fifth degree if the     518          

offense is committed on or after July 1, 1996, or a misdemeanor.   519          

      (ii)  The case involves a theft offense, as defined in       521          

section 2913.01 of the Revised Code, that is a felony of the       523          

third or fourth degree if the offense is committed prior to July   524          

1, 1996, a felony of the third, fourth, or fifth degree if the     525          

offense is committed on or after July 1, 1996, or a misdemeanor,   526          

and the defendant is drug or alcohol dependent or in danger of     527          

becoming drug or alcohol dependent and would benefit from          528          

treatment.                                                                      

      (b)  All of the following apply:                             530          

      (i)  The case involves a probationable offense or a case in  532          

which a mandatory prison term is not required to be imposed.       533          

      (ii)  The defendant has no history of violent behavior.      535          

      (iii)  The defendant has no history of mental illness.       537          

      (iv)  The defendant's current or past behavior, or both, is  539          

drug or alcohol driven.                                            540          

      (v)  The defendant demonstrates a sincere willingness to     542          

participate in a fifteen-month treatment process.                  543          

      (vi)  The defendant has no acute health condition.           545          

      (vii)  If the defendant is incarcerated, the county          547          

prosecutor approves of the referral.                               548          

      (4)  If the administrative judge of the court of common      550          

                                                          14     

                                                                 
pleas of Hamilton county determines that the volume of cases       551          

pending before the drug court judge does not constitute a          552          

sufficient caseload for the drug court judge, the administrative   553          

judge, in accordance with the Rules of Superintendance             554          

SUPERINTENDENCE for Courts of Common Pleas, shall assign           555          

individual cases to the drug court judge from the general docket   556          

of the court.  If the assignments so occur, the administrative                  

judge shall cease the assignments when the administrative judge    557          

determines that the volume of cases pending before the drug court  558          

judge constitutes a sufficient caseload for the drug court judge.  559          

      (C)  In Lorain county, the judges of the court of common     561          

pleas whose terms begin on January 3, 1959, and January 4, 1989,   562          

AND JANUARY 2, 1999, and successors, shall have the same           564          

qualifications, exercise the same powers and jurisdiction, and     565          

receive the same compensation as the other judges of the court of  566          

common pleas of Lorain county and shall be elected and designated  567          

as the judges of the court of common pleas, division of domestic   568          

relations.  They shall have all of the powers relating to          569          

juvenile courts, and all cases under Chapter 2151. of the Revised  570          

Code, all parentage proceedings over which the juvenile court has  571          

jurisdiction, and all divorce, dissolution of marriage, legal      572          

separation, and annulment cases shall be assigned to them, except  573          

in any cases that for some special reason are assigned to some     574          

other judge of the court of common pleas.                          575          

      (D)(1)  In Lucas county, the judges of the court of common   577          

pleas whose terms begin on January 1, 1955, and January 3, 1965,   578          

and successors, shall have the same qualifications, exercise the   579          

same powers and jurisdiction, and receive the same compensation    580          

as other judges of the court of common pleas of Lucas county and   581          

shall be elected and designated as judges of the court of common   582          

pleas, division of domestic relations.  All divorce, dissolution   583          

of marriage, legal separation, and annulment cases shall be        584          

assigned to them.                                                  585          

      The judge of the division of domestic relations, senior in   587          

                                                          15     

                                                                 
point of service, shall be considered as the presiding judge of    588          

the court of common pleas, division of domestic relations, and     589          

shall be charged exclusively with the assignment and division of   590          

the work of the division and the employment and supervision of     591          

all other personnel of the domestic relations division.            592          

      (2)  The judges of the court of common pleas whose terms     594          

begin on January 5, 1977, and January 2, 1991, and successors      595          

shall have the same qualifications, exercise the same powers and   596          

jurisdiction, and receive the same compensation as other judges    597          

of the court of common pleas of Lucas county, shall be elected     598          

and designated as judges of the court of common pleas, juvenile    599          

division, and shall be the juvenile judges as provided in Chapter  600          

2151. of the Revised Code with the powers and jurisdictions        601          

conferred by that chapter.  In addition to the judge's regular     603          

duties, the judge of the court of common pleas, juvenile           604          

division, senior in point of service, shall be the administrator   605          

of the juvenile division and its subdivisions and departments and  606          

shall have charge of the employment, assignment, and supervision   607          

of the personnel of the division engaged in handling, servicing,   608          

or investigating juvenile cases, including any referees            609          

considered necessary by the judges of the division in the          610          

discharge of their various duties.                                 611          

      The judge of the court of common pleas, juvenile division,   613          

senior in point of service, also shall designate the title,        614          

compensation, expense allowance, hours, leaves of absence, and     615          

vacation of the personnel of the division and shall fix the        616          

duties of the personnel of the division.  The duties of the        617          

personnel, in addition to other statutory duties include the       618          

handling, servicing, and investigation of juvenile cases and       619          

counseling and conciliation services that may be made available    620          

to persons requesting them, whether or not the persons are         621          

parties to an action pending in the division.                      622          

      (3)  If one of the judges of the court of common pleas,      624          

division of domestic relations, or one of the judges of the        625          

                                                          16     

                                                                 
juvenile division is sick, absent, or unable to perform that the   626          

judge's judicial duties or the volume of cases pending in that     628          

judge's division necessitates it, the duties shall be performed    629          

by the judges of the other of those divisions.                     631          

      (E)(1)  In Mahoning county, the judge of the court of        633          

common pleas whose term began on January 1, 1955, and successors,  634          

shall have the same qualifications, exercise the same powers and   635          

jurisdiction, and receive the same compensation as other judges    636          

of the court of common pleas of Mahoning county, shall be elected  637          

and designated as judge of the court of common pleas, division of  638          

domestic relations, and shall be assigned all the divorce,         641          

dissolution of marriage, legal separation, and annulment cases     642          

coming before the court.  In addition to the judge's regular       643          

duties, the judge of the court of common pleas, division of                     

domestic relations, shall be the administrator of the domestic     644          

relations division and its subdivisions and departments and shall  645          

have charge of the employment, assignment, and supervision of the  646          

personnel of the division engaged in handling, servicing, or       647          

investigating divorce, dissolution of marriage, legal separation,  648          

and annulment cases, including any referees considered necessary   649          

in the discharge of the various duties of the judge's office.      651          

      The judge also shall designate the title, compensation,      653          

expense allowances, hours, leaves of absence, and vacations of     654          

the personnel of the division and shall fix the duties of the      655          

personnel of the division.  The duties of the personnel, in        656          

addition to other statutory duties, include the handling,          657          

servicing, and investigation of divorce, dissolution of marriage,  658          

legal separation, and annulment cases and counseling and           659          

conciliation services that may be made available to persons        660          

requesting them, whether or not the persons are parties to an      661          

action pending in the division.                                    662          

      (2)  The judge of the court of common pleas whose term       664          

began on January 2, 1969, and successors, shall have the same      665          

qualifications, exercise the same powers and jurisdiction, and     666          

                                                          17     

                                                                 
receive the same compensation as other judges of the court of      667          

common pleas of Mahoning county, shall be elected and designated   668          

as judge of court of common pleas, juvenile division, and shall    669          

be the juvenile judge as provided in Chapter 2151. of the Revised  670          

Code, with the powers and jurisdictions conferred by that          671          

chapter.  In addition to the judge's regular duties, the judge of  673          

the court of common pleas, juvenile division, shall be the         674          

administrator of the juvenile division and its subdivisions and    675          

departments and shall have charge of the employment, assignment,   676          

and supervision of the personnel of the division engaged in        677          

handling, servicing, or investigating juvenile cases, including    678          

any referees considered necessary by the judge in the discharge    679          

of the judge's various duties.                                     680          

      The judge also shall designate the title, compensation,      682          

expense allowances, hours, leaves of absence, and vacation of the  683          

personnel of the division and shall fix the duties of the          684          

personnel of the division.  The duties of the personnel, in        685          

addition to other statutory duties, include the handling,          686          

servicing, and investigation of juvenile cases and counseling and  687          

conciliation services that may be made available to persons        688          

requesting them, whether or not the persons are parties to an      689          

action pending in the division.                                    690          

      (3)  If a judge of the court of common pleas, division of    692          

domestic relations or juvenile division, is sick, absent, or       693          

unable to perform that judge's judicial duties, or the volume of   695          

cases pending in that judge's division necessitates it, that the   697          

judge's duties shall be performed by another judge of the court    698          

of common pleas.                                                                

      (F)(1)  In Montgomery county, the judges of the court of     700          

common pleas whose terms begin on January 2, 1953, and January 4,  701          

1977, and successors, shall have the same qualifications,          702          

exercise the same powers and jurisdiction, and receive the same    703          

compensation as other judges of the court of common pleas of       704          

Montgomery county and shall be elected and designated as judges    705          

                                                          18     

                                                                 
of the court of common pleas, division of domestic relations.      706          

These judges shall have assigned to them all divorce, dissolution  707          

of marriage, legal separation, and annulment cases.                708          

      The judge of the division of domestic relations, senior in   710          

point of service, shall be charged exclusively with the            711          

assignment and division of the work of the division and shall      712          

have charge of the employment and supervision of the personnel of  713          

the division engaged in handling, servicing, or investigating      714          

divorce, dissolution of marriage, legal separation, and annulment  715          

cases, including any necessary referees, except those employees    716          

who may be appointed by the judge, junior in point of service,     717          

under this section and sections 2301.12, 2301.18, and 2301.19 of   718          

the Revised Code.  The judge of the division of domestic           719          

relations, senior in point of service, also shall designate the    720          

title, compensation, expense allowances, hours, leaves of          721          

absence, and vacation of the personnel of the division and shall   722          

fix their duties.                                                  723          

      (2)  The judges of the court of common pleas whose terms     725          

begin on January 1, 1953, and January 1, 1993, and successors,     726          

shall have the same qualifications, exercise the same powers and   727          

jurisdiction, and receive the same compensation as other judges    728          

of the court of common pleas of Montgomery county, shall be        729          

elected and designated as judges of the court of common pleas,     730          

juvenile division, and shall be, and have the powers and           731          

jurisdiction of, the juvenile judge as provided in Chapter 2151.   732          

of the Revised Code.                                               733          

      In addition to the judge's regular duties, the judge of the  735          

court of common pleas, juvenile division, senior in point of       737          

service, shall be the administrator of the juvenile division and   738          

its subdivisions and departments and shall have charge of the      739          

employment, assignment, and supervision of the personnel of the    740          

juvenile division, including any necessary referees, who are       741          

engaged in handling, servicing, or investigating juvenile cases.   742          

The judge, senior in point of service, also shall designate the    743          

                                                          19     

                                                                 
title, compensation, expense allowances, hours, leaves of          744          

absence, and vacation of the personnel of the division and shall   745          

fix their duties.  The duties of the personnel, in addition to     746          

other statutory duties, shall include the handling, servicing,     747          

and investigation of juvenile cases and of any counseling and      748          

conciliation services that are available upon request to persons,  749          

whether or not they are parties to an action pending in the        750          

division.                                                          751          

      If one of the judges of the court of common pleas, division  753          

of domestic relations, or one of the judges of the court of        754          

common pleas, juvenile division, is sick, absent, or unable to     755          

perform that the judge's duties or the volume of cases pending in  757          

that judge's division necessitates it, the duties of that judge    759          

may be performed by the judge or judges of the other of those      760          

divisions.                                                                      

      (G)  In Richland county, the judge of the court of common    762          

pleas whose term begins on January 1, 1957, and successors, shall  763          

have the same qualifications, exercise the same powers and         764          

jurisdiction, and receive the same compensation as the other       765          

judges of the court of common pleas of Richland county and shall   766          

be elected and designated as judge of the court of common pleas,   767          

division of domestic relations.  That judge shall have all of the  769          

powers relating to juvenile courts, and all cases under Chapter    770          

2151. of the Revised Code, all parentage proceedings over which    771          

the juvenile court has jurisdiction, and all divorce, dissolution  772          

of marriage, legal separation, and annulment cases shall be        773          

assigned to that judge, except in cases that for some special      774          

reason are assigned to some other judge of the court of common     776          

pleas.                                                                          

      (H)  In Stark county, the judges of the court of common      778          

pleas whose terms begin on January 1, 1953, January 2, 1959, and   779          

January 1, 1993, and successors, shall have the same               780          

qualifications, exercise the same powers and jurisdiction, and     781          

receive the same compensation as other judges of the court of      782          

                                                          20     

                                                                 
common pleas of Stark county and shall be elected and designated   783          

as judges of the court of common pleas, division of domestic       784          

relations.  They shall have all the powers relating to juvenile    785          

courts, and all cases under Chapter 2151. of the Revised Code,     786          

all parentage proceedings over which the juvenile court has        787          

jurisdiction, and all divorce, dissolution of marriage, legal      788          

separation, and annulment cases, except cases that are assigned    789          

to some other judge of the court of common pleas for some special  790          

reason, shall be assigned to the judges.                           791          

      The judge of the division of domestic relations, second      793          

most senior in point of service, shall have charge of the          794          

employment and supervision of the personnel of the division        795          

engaged in handling, servicing, or investigating divorce,          796          

dissolution of marriage, legal separation, and annulment cases,    797          

and necessary referees required for his THE JUDGE'S respective     798          

court.                                                             799          

      The judge of the division of domestic relations, senior in   801          

point of service, shall be charged exclusively with the            802          

administration of sections 2151.13, 2151.16, 2151.17, and 2151.18  803          

of the Revised Code and with the assignment and division of the    804          

work of the division and the employment and supervision of all     805          

other personnel of the division, including, but not limited to,    806          

that judge's necessary referees, but excepting those employees     808          

who may be appointed by the judge second most senior in point of   809          

service.  The senior judge further shall serve as administrator    810          

of the bureau of aid to dependent children and shall serve in      811          

every other position in which the statutes permit or require a     812          

juvenile judge to serve.                                           813          

      (I)  In Summit county:                                       815          

      (1)  The judges of the court of common pleas whose terms     817          

begin on January 4, 1967, and January 6, 1993, and successors,     818          

shall have the same qualifications, exercise the same powers and   819          

jurisdiction, and receive the same compensation as other judges    820          

of the court of common pleas of Summit county and shall be         821          

                                                          21     

                                                                 
elected and designated as judges of the court of common pleas,     822          

division of domestic relations.  The judges of the division of     823          

domestic relations shall have assigned to them and hear all        824          

divorce, dissolution of marriage, legal separation, and annulment  825          

cases that come before the court.                                  826          

      The judge of the division of domestic relations, senior in   828          

point of service, shall be the administrator of the domestic       829          

relations division and its subdivisions and departments and shall  830          

have charge of the employment, assignment, and supervision of the  831          

personnel of the division, including any necessary referees, who   832          

are engaged in handling, servicing, or investigating divorce,      833          

dissolution of marriage, legal separation, and annulment cases.    834          

That judge also shall designate the title, compensation, expense   835          

allowances, hours, leaves of absence, and vacations of the         836          

personnel of the division and shall fix their duties.  The duties  837          

of the personnel, in addition to other statutory duties, shall     838          

include the handling, servicing, and investigation of divorce,     839          

dissolution of marriage, legal separation, and annulment cases     840          

and of any counseling and conciliation services that are           841          

available upon request to all persons, whether or not they are     842          

parties to an action pending in the division.                      843          

      (2)  The judge of the court of common pleas whose term       845          

begins on January 1, 1955, and successors, shall have the same     846          

qualifications, exercise the same powers and jurisdiction, and     847          

receive the same compensation as other judges of the court of      848          

common pleas of Summit county, shall be elected and designated as  849          

judge of the court of common pleas, juvenile division, and shall   850          

be, and have the powers and jurisdiction of, the juvenile judge    851          

as provided in Chapter 2151. of the Revised Code.                  852          

      The juvenile judge shall be the administrator of the         854          

juvenile division and its subdivisions and departments and shall   855          

have charge of the employment, assignment, and supervision of the  856          

personnel of the juvenile division, including any necessary        857          

referees, who are engaged in handling, servicing, or               858          

                                                          22     

                                                                 
investigating juvenile cases.  The judge also shall designate the  859          

title, compensation, expense allowances, hours, leaves of          860          

absence, and vacation of the personnel of the division and shall   861          

fix their duties.  The duties of the personnel, in addition to     862          

other statutory duties, shall include the handling, servicing,     863          

and investigation of juvenile cases and of any counseling and      864          

conciliation services that are available upon request to persons,  865          

whether or not they are parties to an action pending in the        866          

division.                                                          867          

      (J)  In Trumbull county, the judges of the court of common   869          

pleas whose terms begin on January 1, 1953, and January 2, 1977,   870          

and successors, shall have the same qualifications, exercise the   871          

same powers and jurisdiction, and receive the same compensation    872          

as other judges of the court of common pleas of Trumbull county    873          

and shall be elected and designated as judges of the court of      874          

common pleas, division of domestic relations.  They shall have     875          

all the powers relating to juvenile courts, and all cases under    876          

Chapter 2151. of the Revised Code, all parentage proceedings over  877          

which the juvenile court has jurisdiction, and all divorce,        878          

dissolution of marriage, legal separation, and annulment cases     879          

shall be assigned to them, except cases that for some special      880          

reason are assigned to some other judge of the court of common     881          

pleas.                                                             882          

      (K)  In Butler county:                                       884          

      (1)  The judges of the court of common pleas whose terms     886          

begin on January 1, 1957, and January 4, 1993, and successors,     887          

shall have the same qualifications, exercise the same powers and   888          

jurisdiction, and receive the same compensation as other judges    889          

of the court of common pleas of Butler county and shall be         890          

elected and designated as judges of the court of common pleas,     891          

division of domestic relations.  The judges of the division of     892          

domestic relations shall have assigned to them all divorce,        893          

dissolution of marriage, legal separation, and annulment cases     894          

coming before the court, except in cases that for some special     895          

                                                          23     

                                                                 
reason are assigned to some other judge of the court of common     896          

pleas.  The judge senior in point of service shall be charged      897          

with the assignment and division of the work of the division and   898          

with the employment and supervision of all other personnel of the  899          

domestic relations division.                                       900          

      The judge senior in point of service also shall designate    902          

the title, compensation, expense allowances, hours, leaves of      903          

absence, and vacations of the personnel of the division and shall  904          

fix their duties.  The duties of the personnel, in addition to     905          

other statutory duties, shall include the handling, servicing,     906          

and investigation of divorce, dissolution of marriage, legal       907          

separation, and annulment cases and providing any counseling and   908          

conciliation services that the division makes available to         909          

persons, whether or not the persons are parties to an action       910          

pending in the division, who request the services.                 911          

      (2)  The judge of the court of common pleas whose term       913          

begins on January 3, 1987, and successors, shall have the same     914          

qualifications, exercise the same powers and jurisdiction, and     915          

receive the same compensation as other judges of the court of      916          

common pleas of Butler county, shall be elected and designated as  917          

judge of the court of common pleas, juvenile division, and shall   918          

be the juvenile judge as provided in Chapter 2151. of the Revised  919          

Code, with the powers and jurisdictions conferred by that          920          

chapter.  The judge of the court of common pleas, juvenile         921          

division, shall be the administrator of the juvenile division and  922          

its subdivisions and departments.  The judge shall have charge of  923          

the employment, assignment, and supervision of the personnel of    924          

the juvenile division who are engaged in handling, servicing, or   925          

investigating juvenile cases, including any referees whom the      926          

judge considers necessary for the discharge of the judge's         927          

various duties.                                                    928          

      The judge also shall designate the title, compensation,      930          

expense allowances, hours, leaves of absence, and vacation of the  931          

personnel of the division and shall fix their duties.  The duties  932          

                                                          24     

                                                                 
of the personnel, in addition to other statutory duties, include   933          

the handling, servicing, and investigation of juvenile cases and   934          

providing any counseling and conciliation services that the        935          

division makes available to persons, whether or not the persons    936          

are parties to an action pending in the division, who request the  937          

services.                                                          938          

      (3)  If a judge of the court of common pleas, division of    940          

domestic relations or juvenile division, is sick, absent, or       941          

unable to perform that the judge's judicial duties or the volume   942          

of cases pending in the judge's division necessitates it, the      945          

duties of that judge shall be performed by the other judges of     946          

the domestic relations and juvenile divisions.                     947          

      (L)(1)  In Cuyahoga county, the judges of the court of       949          

common pleas whose terms begin on January 8, 1961, January 9,      950          

1961, January 18, 1975, January 19, 1975, and January 13, 1987,    951          

and successors, shall have the same qualifications, exercise the   952          

same powers and jurisdiction, and receive the same compensation    953          

as other judges of the court of common pleas of Cuyahoga county    954          

and shall be elected and designated as judges of the court of      955          

common pleas, division of domestic relations.  They shall have     956          

all the powers relating to all divorce, dissolution of marriage,   957          

legal separation, and annulment cases, except in cases that are    958          

assigned to some other judge of the court of common pleas for      959          

some special reason.                                               960          

      (2)  The administrative judge is administrator of the        962          

domestic relations division and its subdivisions and departments   963          

and has the following powers concerning division personnel:        964          

      (a)  Full charge of the employment, assignment, and          966          

supervision;                                                       967          

      (b)  Sole determination of compensation, duties, expenses,   969          

allowances, hours, leaves, and vacations.                          970          

      (3)  "Division personnel" include persons employed or        972          

referees engaged in hearing, servicing, investigating,             973          

counseling, or conciliating divorce, dissolution of marriage,      974          

                                                          25     

                                                                 
legal separation and annulment matters.                            975          

      (M)  In Lake county:                                         977          

      (1)  The judge of the court of common pleas whose term       979          

begins on January 2, 1961, and successors, shall have the same     980          

qualifications, exercise the same powers and jurisdiction, and     981          

receive the same compensation as the other judges of the court of  982          

common pleas of Lake county and shall be elected and designated    983          

as judge of the court of common pleas, division of domestic        984          

relations.  The judge shall be assigned all the divorce,           986          

dissolution of marriage, legal separation, and annulment cases     987          

coming before the court, except in cases that for some special     988          

reason are assigned to some other judge of the court of common     989          

pleas.  The judge shall be charged with the assignment and         990          

division of the work of the division and with the employment and   991          

supervision of all other personnel of the domestic relations       992          

division.                                                          993          

      The judge also shall designate the title, compensation,      995          

expense allowances, hours, leaves of absence, and vacations of     996          

the personnel of the division and shall fix their duties.  The     997          

duties of the personnel, in addition to other statutory duties,    998          

shall include the handling, servicing, and investigation of        999          

divorce, dissolution of marriage, legal separation, and annulment  1,000        

cases and providing any counseling and conciliation services that  1,001        

the division makes available to persons, whether or not the        1,002        

persons are parties to an action pending in the division, who      1,003        

request the services.                                              1,004        

      (2)  The judge of the court of common pleas whose term       1,006        

begins on January 4, 1979, and successors, shall have the same     1,007        

qualifications, exercise the same powers and jurisdiction, and     1,008        

receive the same compensation as other judges of the court of      1,009        

common pleas of Lake county, shall be elected and designated as    1,010        

judge of the court of common pleas, juvenile division, and shall   1,011        

be the juvenile judge as provided in Chapter 2151. of the Revised  1,012        

Code, with the powers and jurisdictions conferred by that          1,013        

                                                          26     

                                                                 
chapter.  The judge of the court of common pleas, juvenile         1,014        

division, shall be the administrator of the juvenile division and  1,015        

its subdivisions and departments.  The judge shall have charge of  1,016        

the employment, assignment, and supervision of the personnel of    1,017        

the juvenile division who are engaged in handling, servicing, or   1,018        

investigating juvenile cases, including any referees whom the      1,019        

judge considers necessary for the discharge of the judge's         1,020        

various duties.                                                    1,021        

      The judge also shall designate the title, compensation,      1,023        

expense allowances, hours, leaves of absence, and vacation of the  1,024        

personnel of the division and shall fix their duties.  The duties  1,025        

of the personnel, in addition to other statutory duties, include   1,026        

the handling, servicing, and investigation of juvenile cases and   1,027        

providing any counseling and conciliation services that the        1,028        

division makes available to persons, whether or not the persons    1,029        

are parties to an action pending in the division, who request the  1,030        

services.                                                          1,031        

      (3)  If a judge of the court of common pleas, division of    1,033        

domestic relations or juvenile division, is sick, absent, or       1,034        

unable to perform that the judge's judicial duties or the volume   1,035        

of cases pending in the judge's division necessitates it, the      1,038        

duties of that judge shall be performed by the other judges of     1,039        

the domestic relations and juvenile divisions.                     1,040        

      (N)  In Erie county, the judge of the court of common pleas  1,042        

whose term begins on January 2, 1971, and successors, shall have   1,043        

the same qualifications, exercise the same powers and              1,044        

jurisdiction, and receive the same compensation as the other       1,045        

judge of the court of common pleas of Erie county and shall be     1,046        

elected and designated as judge of the court of common pleas,      1,047        

division of domestic relations.  The judge shall have all the      1,048        

powers relating to juvenile courts, and shall be assigned all      1,049        

cases under Chapter 2151. of the Revised Code, parentage           1,051        

proceedings over which the juvenile court has jurisdiction, and    1,053        

divorce, dissolution of marriage, legal separation, and annulment  1,054        

                                                          27     

                                                                 
cases, except cases that for some special reason are assigned to   1,055        

some other judge.                                                  1,056        

      (O)  In Greene county:                                       1,058        

      (1)  The judge of the court of common pleas whose term       1,060        

begins on January 1, 1961, and successors, shall have the same     1,061        

qualifications, exercise the same powers and jurisdiction, and     1,062        

receive the same compensation as the other judges of the court of  1,063        

common pleas of Greene county and shall be elected and designated  1,064        

as the judge of the court of common pleas, division of domestic    1,065        

relations.  The judge shall be assigned all divorce, dissolution   1,067        

of marriage, legal separation, annulment, uniform reciprocal       1,068        

support enforcement, and domestic violence cases and all other     1,069        

cases related to domestic relations, except cases that for some    1,070        

special reason are assigned to some other judge of the court of    1,071        

common pleas.                                                                   

      The judge shall be charged with the assignment and division  1,073        

of the work of the division and with the employment and            1,074        

supervision of all other personnel of the division.  The judge     1,076        

also shall designate the title, compensation, hours, leaves of     1,078        

absence, and vacations of the personnel of the division and shall  1,079        

fix their duties.  The duties of the personnel of the division,    1,080        

in addition to other statutory duties, shall include the           1,081        

handling, servicing, and investigation of divorce, dissolution of  1,082        

marriage, legal separation, and annulment cases and the provision  1,083        

of counseling and conciliation services that the division          1,084        

considers necessary and makes available to persons who request     1,085        

the services, whether or not the persons are parties in an action  1,086        

pending in the division.  The compensation for the personnel       1,087        

shall be paid from the overall court budget and shall be included  1,088        

in the appropriations for the existing judges of the general       1,089        

division of the court of common pleas.                                          

      (2)  The judge of the court of common pleas whose term       1,091        

begins on January 1, 1995, and successors, shall have the same     1,092        

qualifications, exercise the same powers and jurisdiction, and     1,093        

                                                          28     

                                                                 
receive the same compensation as the other judges of the court of  1,094        

common pleas of Greene county, shall be elected and designated as  1,095        

judge of the court of common pleas, juvenile division, and, on or  1,096        

after January 1, 1995, shall be the juvenile judge as provided in  1,097        

Chapter 2151. of the Revised Code with the powers and              1,098        

jurisdiction conferred by that chapter.  The judge of the court    1,099        

of common pleas, juvenile division, shall be the administrator of  1,100        

the juvenile division and its subdivisions and departments.  The   1,101        

judge shall have charge of the employment, assignment, and         1,102        

supervision of the personnel of the juvenile division who are      1,103        

engaged in handling, servicing, or investigating juvenile cases,   1,104        

including any referees whom the judge considers necessary for the  1,105        

discharge of the judge's various duties.                           1,106        

      The judge also shall designate the title, compensation,      1,108        

expense allowances, hours, leaves of absence, and vacation of the  1,109        

personnel of the division and shall fix their duties.  The duties  1,110        

of the personnel, in addition to other statutory duties, include   1,111        

the handling, servicing, and investigation of juvenile cases and   1,112        

providing any counseling and conciliation services that the court  1,113        

makes available to persons, whether or not the persons are         1,114        

parties to an action pending in the court, who request the         1,115        

services.                                                          1,116        

      (3)  If one of the judges of the court of common pleas,      1,118        

general division, is sick, absent, or unable to perform that the   1,119        

judge's judicial duties or the volume of cases pending in the      1,120        

general division necessitates it, the duties of that judge of the  1,122        

general division shall be performed by the judge of the division   1,123        

of domestic relations and the judge of the juvenile division.      1,124        

      (P)  In Portage county, the judge of the court of common     1,126        

pleas, whose term begins January 2, 1987, and successors, shall    1,127        

have the same qualifications, exercise the same powers and         1,128        

jurisdiction, and receive the same compensation as the other       1,129        

judges of the court of common pleas of Portage county and shall    1,130        

be elected and designated as judge of the court of common pleas,   1,131        

                                                          29     

                                                                 
division of domestic relations.  The judge shall be assigned all   1,133        

divorce, dissolution of marriage, legal separation, and annulment  1,135        

cases coming before the court, except in cases that for some       1,136        

special reason are assigned to some other judge of the court of    1,137        

common pleas.  The judge shall be charged with the assignment and  1,138        

division of the work of the division and with the employment and   1,139        

supervision of all other personnel of the domestic relations       1,140        

division.                                                                       

      The judge also shall designate the title, compensation,      1,142        

expense allowances, hours, leaves of absence, and vacations of     1,143        

the personnel of the division and shall fix their duties.  The     1,144        

duties of the personnel, in addition to other statutory duties,    1,145        

shall include the handling, servicing, and investigation of        1,146        

divorce, dissolution of marriage, legal separation, and annulment  1,147        

cases and providing any counseling and conciliation services that  1,148        

the division makes available to persons, whether or not the        1,149        

persons are parties to an action pending in the division, who      1,150        

request the services.                                              1,151        

      (Q)  In Clermont county, the judge of the court of common    1,153        

pleas, whose term begins January 2, 1987, and successors, shall    1,154        

have the same qualifications, exercise the same powers and         1,155        

jurisdiction, and receive the same compensation as the other       1,156        

judges of the court of common pleas of Clermont county and shall   1,157        

be elected and designated as judge of the court of common pleas,   1,158        

division of domestic relations.  The judge shall be assigned all   1,160        

divorce, dissolution of marriage, legal separation, and annulment  1,162        

cases coming before the court, except in cases that for some       1,163        

special reason are assigned to some other judge of the court of    1,164        

common pleas.  The judge shall be charged with the assignment and  1,165        

division of the work of the division and with the employment and   1,166        

supervision of all other personnel of the domestic relations       1,167        

division.                                                                       

      The judge also shall designate the title, compensation,      1,169        

expense allowances, hours, leaves of absence, and vacations of     1,170        

                                                          30     

                                                                 
the personnel of the division and shall fix their duties.  The     1,171        

duties of the personnel, in addition to other statutory duties,    1,172        

shall include the handling, servicing, and investigation of        1,173        

divorce, dissolution of marriage, legal separation, and annulment  1,174        

cases and providing any counseling and conciliation services that  1,175        

the division makes available to persons, whether or not the        1,176        

persons are parties to an action pending in the division, who      1,177        

request the services.                                              1,178        

      (R)  In Warren county, the judge of the court of common      1,180        

pleas, whose term begins January 1, 1987, and successors, shall    1,181        

have the same qualifications, exercise the same powers and         1,182        

jurisdiction, and receive the same compensation as the other       1,183        

judges of the court of common pleas of Warren county and shall be  1,184        

elected and designated as judge of the court of common pleas,      1,185        

division of domestic relations.  The judge shall be assigned all   1,187        

divorce, dissolution of marriage, legal separation, and annulment  1,189        

cases coming before the court, except in cases that for some       1,190        

special reason are assigned to some other judge of the court of    1,191        

common pleas.  The judge shall be charged with the assignment and  1,192        

division of the work of the division and with the employment and   1,193        

supervision of all other personnel of the domestic relations       1,194        

division.                                                                       

      The judge also shall designate the title, compensation,      1,196        

expense allowances, hours, leaves of absence, and vacations of     1,197        

the personnel of the division and shall fix their duties.  The     1,198        

duties of the personnel, in addition to other statutory duties,    1,199        

shall include the handling, servicing, and investigation of        1,200        

divorce, dissolution of marriage, legal separation, and annulment  1,201        

cases and providing any counseling and conciliation services that  1,202        

the division makes available to persons, whether or not the        1,203        

persons are parties to an action pending in the division, who      1,204        

request the services.                                              1,205        

      (S)  In Licking county, the judge of the court of common     1,207        

pleas, whose term begins January 1, 1991, and successors, shall    1,208        

                                                          31     

                                                                 
have the same qualifications, exercise the same powers and         1,209        

jurisdiction, and receive the same compensation as the other       1,210        

judges of the court of common pleas of Licking county and shall    1,211        

be elected and designated as judge of the court of common pleas,   1,212        

division of domestic relations.  The judge shall be assigned all   1,214        

divorce, dissolution of marriage, legal separation, and annulment  1,216        

cases, all cases arising under Chapter 3111. of the Revised Code,  1,217        

all proceedings involving child support, the allocation of         1,218        

parental rights and responsibilities for the care of children and  1,219        

the designation for the children of a place of residence and       1,220        

legal custodian, and visitation, and all post-decree proceedings   1,221        

and matters arising from those cases and proceedings, except in    1,222        

cases that for some special reason are assigned to another judge   1,223        

of the court of common pleas.  The judge shall be charged with     1,224        

the assignment and division of the work of the division and with   1,225        

the employment and supervision of the personnel of the division.   1,226        

      The judge shall designate the title, compensation, expense   1,228        

allowances, hours, leaves of absence, and vacations of the         1,229        

personnel of the division and shall fix the duties of the          1,230        

personnel of the division.  The duties of the personnel of the     1,231        

division, in addition to other statutory duties, shall include     1,232        

the handling, servicing, and investigation of divorce,             1,233        

dissolution of marriage, legal separation, and annulment cases,    1,234        

cases arising under Chapter 3111. of the Revised Code, and         1,235        

proceedings involving child support, the allocation of parental    1,236        

rights and responsibilities for the care of children and the       1,237        

designation for the children of a place of residence and legal     1,238        

custodian, and visitation and providing any counseling and         1,239        

conciliation services that the division makes available to         1,240        

persons, whether or not the persons are parties to an action       1,241        

pending in the division, who request the services.                 1,242        

      (T)  In Allen county, the judge of the court of common       1,244        

pleas, whose term begins January 1, 1993, and successors, shall    1,245        

have the same qualifications, exercise the same powers and         1,246        

                                                          32     

                                                                 
jurisdiction, and receive the same compensation as the other       1,247        

judges of the court of common pleas of Allen county and shall be   1,248        

elected and designated as judge of the court of common pleas,      1,249        

division of domestic relations.  The judge shall be assigned all   1,251        

divorce, dissolution of marriage, legal separation, and annulment  1,253        

cases, all cases arising under Chapter 3111. of the Revised Code,  1,254        

all proceedings involving child support, the allocation of         1,255        

parental rights and responsibilities for the care of children and  1,256        

the designation for the children of a place of residence and       1,257        

legal custodian, and visitation, and all post-decree proceedings   1,258        

and matters arising from those cases and proceedings, except in    1,259        

cases that for some special reason are assigned to another judge   1,260        

of the court of common pleas.  The judge shall be charged with     1,261        

the assignment and division of the work of the division and with   1,262        

the employment and supervision of the personnel of the division.   1,263        

      The judge shall designate the title, compensation, expense   1,265        

allowances, hours, leaves of absence, and vacations of the         1,266        

personnel of the division and shall fix the duties of the          1,267        

personnel of the division.  The duties of the personnel of the     1,268        

division, in addition to other statutory duties, shall include     1,269        

the handling, servicing, and investigation of divorce,             1,270        

dissolution of marriage, legal separation, and annulment cases,    1,271        

cases arising under Chapter 3111. of the Revised Code, and         1,272        

proceedings involving child support, the allocation of parental    1,273        

rights and responsibilities for the care of children and the       1,274        

designation for the children of a place of residence and legal     1,275        

custodian, and visitation, and providing any counseling and        1,276        

conciliation services that the division makes available to         1,277        

persons, whether or not the persons are parties to an action       1,278        

pending in the division, who request the services.                 1,279        

      (U)  In Medina county, the judge of the court of common      1,281        

pleas whose term begins January 1, 1995, and successors, shall     1,282        

have the same qualifications, exercise the same powers and         1,283        

jurisdiction, and receive the same compensation as other judges    1,284        

                                                          33     

                                                                 
of the court of common pleas of Medina county and shall be         1,285        

elected and designated as judge of the court of common pleas,      1,286        

division of domestic relations.  The judge shall be assigned all   1,288        

divorce, dissolution of marriage, legal separation, and annulment  1,290        

cases, all cases arising under Chapter 3111. of the Revised Code,  1,291        

all proceedings involving child support, the allocation of         1,292        

parental rights and responsibilities for the care of children and  1,293        

the designation for the children of a place of residence and       1,294        

legal custodian, and visitation, and all post-decree proceedings   1,295        

and matters arising from those cases and proceedings, except in    1,296        

cases that for some special reason are assigned to another judge   1,297        

of the court of common pleas.  The judge shall be charged with     1,298        

the assignment and division of the work of the division and with   1,299        

the employment and supervision of the personnel of the division.   1,300        

      The judge shall designate the title, compensation, expense   1,302        

allowances, hours, leaves of absence, and vacations of the         1,303        

personnel of the division and shall fix the duties of the          1,304        

personnel of the division.  The duties of the personnel, in        1,305        

addition to other statutory duties, include the handling,          1,306        

servicing, and investigation of divorce, dissolution of marriage,  1,307        

legal separation, and annulment cases, cases arising under         1,308        

Chapter 3111. of the Revised Code, and proceedings involving       1,309        

child support, the allocation of parental rights and               1,310        

responsibilities for the care of children and the designation for  1,311        

the children of a place of residence and legal custodian, and      1,312        

visitation, and providing counseling and conciliation services     1,313        

that the division makes available to persons, whether or not the   1,314        

persons are parties to an action pending in the division, who      1,315        

request the services.                                              1,316        

      (V)  In Fairfield county, the judge of the court of common   1,318        

pleas whose term begins January 2, 1995, and successors, shall     1,319        

have the same qualifications, exercise the same powers and         1,320        

jurisdiction, and receive the same compensation as the other       1,321        

judges of the court of common pleas of Fairfield county and shall  1,322        

                                                          34     

                                                                 
be elected and designated as judge of the court of common pleas,   1,323        

division of domestic relations.  The judge shall be assigned all   1,325        

divorce, dissolution of marriage, legal separation, and annulment  1,327        

cases, all cases arising under Chapter 3111. of the Revised Code,  1,328        

all proceedings involving child support, the allocation of         1,329        

parental rights and responsibilities for the care of children and  1,330        

the designation for the children of a place of residence and       1,331        

legal custodian, and visitation, and all post-decree proceedings   1,332        

and matters arising from those cases and proceedings, except in    1,333        

cases that for some special reason are assigned to another judge   1,334        

of the court of common pleas.  The judge also has concurrent       1,335        

jurisdiction with the probate-juvenile division of the court of                 

common pleas of Fairfield county with respect to and may hear      1,336        

cases to determine the custody of a child, as defined in section   1,337        

2151.011 of the Revised Code, who is not the ward of another       1,338        

court of this state, cases that are commenced by a parent,         1,339        

guardian, or custodian of a child, as defined in section 2151.011               

of the Revised Code, to obtain an order requiring a parent of the  1,340        

child to pay child support for that child when the request for     1,341        

that order is not ancillary to an action for divorce, dissolution  1,342        

of marriage, annulment, or legal separation, a criminal or civil   1,343        

action involving an allegation of domestic violence, an action     1,344        

for support under Chapter 3115. of the Revised Code, or an action               

that is within the exclusive original jurisdiction of the          1,345        

probate-juvenile division of the court of common pleas of          1,346        

Fairfield county and that involves an allegation that the child    1,347        

is an abused, neglected, or dependent child, and post-decree       1,348        

proceedings and matters arising from those types of cases.                      

      The judge of the domestic relations division shall be        1,350        

charged with the assignment and division of the work of the        1,353        

division and with the employment and supervision of the personnel  1,354        

of the division.                                                                

      The judge shall designate the title, compensation, expense   1,356        

allowances, hours, leaves of absence, and vacations of the         1,357        

                                                          35     

                                                                 
personnel of the division and shall fix the duties of the          1,358        

personnel of the division.  The duties of the personnel of the     1,359        

division, in addition to other statutory duties, shall include     1,360        

the handling, servicing, and investigation of divorce,             1,361        

dissolution of marriage, legal separation, and annulment cases,    1,362        

cases arising under Chapter 3111. of the Revised Code, and         1,363        

proceedings involving child support, the allocation of parental    1,364        

rights and responsibilities for the care of children and the       1,365        

designation for the children of a place of residence and legal     1,366        

custodian, and visitation, and providing any counseling and        1,367        

conciliation services that the division makes available to         1,368        

persons, regardless of whether the persons are parties to an       1,369        

action pending in the division, who request the services.  When    1,371        

the judge hears a case to determine the custody of a child, as                  

defined in section 2151.011 of the Revised Code, who is not the    1,372        

ward of another court of this state or a case that is commenced    1,373        

by a parent, guardian, or custodian of a child, as defined in      1,374        

section 2151.011 of the Revised Code, to obtain an order           1,375        

requiring a parent of the child to pay child support for that                   

child when the request for that order is not ancillary to an       1,376        

action for divorce, dissolution of marriage, annulment, or legal   1,377        

separation, a criminal or civil action involving an allegation of  1,378        

domestic violence, an action for support under Chapter 3115. of    1,379        

the Revised Code, or an action that is within the exclusive        1,380        

original jurisdiction of the probate-juvenile division of the                   

court of common pleas of Fairfiled FAIRFIELD county and that       1,381        

involves an allegation that the child is an abused, neglected, or  1,383        

dependent child, the duties of the personnel of the domestic       1,384        

relations division also include the handling, servicing, and                    

investigation of those types of cases.                             1,385        

      (W)(1)  In Clark county, the judge of the court of common    1,387        

pleas whose term begins on January 2, 1995, and successors, shall  1,388        

have the same qualifications, exercise the same powers and         1,389        

jurisdiction, and receive the same compensation as other judges    1,390        

                                                          36     

                                                                 
of the court of common pleas of Clark county and shall be elected  1,391        

and designated as judge of the court of common pleas, domestic     1,392        

relations division.  The judge shall have all the powers relating  1,394        

to juvenile courts, and all cases under Chapter 2151. of the       1,395        

Revised Code and all parentage proceedings under Chapter 3111. of  1,396        

the Revised Code over which the juvenile court has jurisdiction    1,397        

shall be assigned to the judge of the division of domestic         1,398        

relations.  All divorce, dissolution of marriage, legal            1,399        

separation, annulment, uniform reciprocal support enforcement,     1,400        

and other cases related to domestic relations shall be assigned    1,401        

to the domestic relations division, and the presiding judge of     1,402        

the court of common pleas shall assign the cases to the judge of   1,403        

the domestic relations division and the judges of the general      1,404        

division.                                                          1,405        

      (2)  In addition to the judge's regular duties, the judge    1,407        

of the division of domestic relations shall serve on the children  1,409        

services board and the county advisory board.                      1,410        

      (3)  If the judge of the court of common pleas of Clark      1,412        

county, division of domestic relations, is sick, absent, or        1,413        

unable to perform that the judge's judicial duties or if the       1,414        

presiding judge of the court of common pleas of Clark county       1,417        

determines that the volume of cases pending in the division of     1,418        

domestic relations necessitates it, the duties of the judge of     1,419        

the division of domestic relations shall be performed by the       1,420        

judges of the general division or probate division of the court    1,421        

of common pleas of Clark county, as assigned for that purpose by   1,422        

the presiding judge of that court, and the judges so assigned      1,423        

shall act in conjunction with the judge of the division of         1,424        

domestic relations of that court.                                  1,425        

      (X)  In Scioto county, the judge of the court of common      1,427        

pleas whose term begins January 2, 1995, and successors, shall     1,429        

have the same qualifications, exercise the same powers and         1,430        

jurisdiction, and receive the same compensation as other judges    1,431        

of the court of common pleas of Scioto county and shall be         1,432        

                                                          37     

                                                                 
elected and designated as judge of the court of common pleas,      1,433        

division of domestic relations.  The judge shall be assigned all   1,435        

divorce, dissolution of marriage, legal separation, and annulment  1,437        

cases, all cases arising under Chapter 3111. of the Revised Code,  1,438        

all proceedings involving child support, the allocation of         1,439        

parental rights and responsibilities for the care of children and  1,440        

the designation for the children of a place of residence and       1,441        

legal custodian, visitation, and all post-decree proceedings and   1,442        

matters arising from those cases and proceedings, except in cases  1,443        

that for some special reason are assigned to another judge of the  1,444        

court of common pleas.  The judge shall be charged with the        1,445        

assignment and division of the work of the division and with the   1,446        

employment and supervision of the personnel of the division.       1,447        

      The judge shall designate the title, compensation, expense   1,449        

allowances, hours, leaves of absence, and vacations of the         1,450        

personnel of the division and shall fix the duties of the          1,451        

personnel of the division.  The duties of the personnel, in        1,452        

addition to other statutory duties, include the handling,          1,453        

servicing, and investigation of divorce, dissolution of marriage,  1,454        

legal separation, and annulment cases, cases arising under         1,455        

Chapter 3111. of the Revised Code, and proceedings involving       1,456        

child support, the allocation of parental rights and               1,457        

responsibilities for the care of children and the designation for  1,458        

the children of a place of residence and legal custodian, and      1,459        

visitation, and providing counseling and conciliation services     1,460        

that the division makes available to persons, whether or not the   1,461        

persons are parties to an action pending in the division, who      1,462        

request the services.                                              1,463        

      (Y)  In Auglaize county, the judge of the probate and        1,465        

juvenile divisions of the Auglaize county court of common pleas    1,466        

also shall be the administrative judge of the domestic relations   1,467        

division of the court and shall be assigned all divorce,           1,469        

dissolution of marriage, legal separation, and annulment cases     1,470        

coming before the court.  The judge shall have all powers as       1,471        

                                                          38     

                                                                 
administrator of the domestic relations division and shall have    1,472        

charge of the personnel engaged in handling, servicing, or         1,473        

investigating divorce, dissolution of marriage, legal separation,  1,474        

and annulment cases, including any referees considered necessary   1,475        

for the discharge of the judge's various duties.                   1,476        

      (Z)  If a judge of the court of common pleas, division of    1,478        

domestic relations, or juvenile judge, of any of the counties      1,479        

mentioned in this section is sick, absent, or unable to perform    1,480        

that the judge's judicial duties or the volume of cases pending    1,481        

in the judge's division necessitates it, the duties of that judge  1,484        

shall be performed by another judge of the court of common pleas   1,485        

of that county, assigned for that purpose by the presiding judge   1,486        

of the court of common pleas of that county to act in place of or  1,487        

in conjunction with that judge, as the case may require.           1,488        

      Section 2.  That existing sections 2301.02 and 2301.03 of    1,490        

the Revised Code are hereby repealed.                              1,491        

      Section 3.  Section 2301.03 of the Revised Code is           1,493        

presented in this act as a composite of the section as amended by  1,494        

both Sub. H.B. 377 and Am. Sub. S.B. 269 of the 121st General      1,495        

Assembly, with the new language of neither of the acts shown in    1,497        

capital letters.  This is in recognition of the principle stated   1,498        

in division (B) of section 1.52 of the Revised Code that such      1,499        

amendments are to be harmonized where not substantively            1,500        

irreconcilable and constitutes a legislative finding that such is  1,501        

the resulting version in effect prior to the effective date of     1,502        

this act.