As Passed by the Senate 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 444 5
1997-1998 6
REPRESENTATIVES TAYLOR-BENDER-METELSKY-GARCIA-LEWIS-OPFER-CAREY- 8
SENATORS LATELL-BLESSING-LATTA-MUMPER 9
11
A B I L L
To amend sections 2301.02 and 2301.03 and to enact 13
section 2101.022 of the Revised Code to add two 14
judges to the Lorain County Court of Common 15
Pleas, one to be elected to the Division of 16
Domestic Relations of that Court; to create the 17
Domestic Relations-Juvenile-Probate Division of 18
the Marion County Court of Common Pleas, add one 20
judge to the Marion County Court of Common Pleas
to be elected to that Division in 1998, grant 21
that Division jurisdiction over all juvenile and
domestic matters and, on and after February 9, 22
2003, concurrent jurisdiction over all probate 23
matters, and, on and after February 9, 2003,
grant the judge of the Probate Division of the 24
Marion County Court of Common Pleas who is
elected in 2002 concurrent jurisdiction with the 25
judge of the Domestic Relations-Juvenile-Probate 26
Division of that Court over all juvenile,
domestic, and probate matters; and to declare an 27
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 2301.02 and 2301.03 be amended 31
and section 2101.022 of the Revised Code be enacted to read as 33
follows:
Sec. 2101.022. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 36
2
THIS SECTION AND NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR 37
OF ANY OTHER PROVISION OF THE REVISED CODE, ON AND AFTER FEBRUARY 39
9, 2003, THE JUDGE OF THE PROBATE DIVISION OF THE COURT OF COMMON 40
PLEAS OF MARION COUNTY WHO IS ELECTED IN 2002 PURSUANT TO SECTION 42
2101.02 OF THE REVISED CODE TO FILL THE OFFICE OF THE JUDGE OF 43
THE PROBATE DIVISION OF THE COURT OF COMMON PLEAS OF MARION 45
COUNTY WHOSE TERM EXPIRES ON FEBRUARY 8, 2003, AND SUCCESSORS TO 46
THAT JUDGE, SHALL HAVE ALL THE POWERS RELATING TO THE DOMESTIC 47
RELATIONS-JUVENILE-PROBATE DIVISION OF THE COURT OF COMMON PLEAS 48
OF MARION COUNTY, AS ESTABLISHED PURSUANT TO DIVISION (Z)(1) OF 50
SECTION 2301.03 OF THE REVISED CODE, IN ADDITION TO THE POWERS 52
RELATING TO THE PROBATE DIVISION OF THAT COURT, AND SHALL 53
EXERCISE CONCURRENT JURISDICTION WITH THE JUDGE OF THE DOMESTIC
RELATIONS-JUVENILE-PROBATE DIVISION OF THE COURT OF COMMON PLEAS 54
OF MARION COUNTY OVER ALL MATTERS THAT ARE WITHIN THE 56
JURISDICTION OF THE PROBATE DIVISION OF THAT COURT UNDER CHAPTER 57
2101., AND OTHER PROVISIONS, OF THE REVISED CODE AND ALL MATTERS 59
THAT ARE WITHIN THE JURISDICTION OF THE DOMESTIC RELATIONS-
JUVENILE-PROBATE DIVISION OF THAT COURT, AS SET FORTH IN DIVISION 60
(Z)(1) OF SECTION 2301.03 OF THE REVISED CODE. 62
(B) ON AND AFTER FEBRUARY 9, 2003, THE JUDGE OF THE COURT 65
OF COMMON PLEAS OF MARION COUNTY WHO IS TO SERVE AS THE CLERK OF 67
THE PROBATE DIVISION OF THE COURT OF COMMON PLEAS OF MARION 68
COUNTY SHALL BE DETERMINED AS PROVIDED IN DIVISION (Z)(2) OF 69
SECTION 2301.03 OF THE REVISED CODE. 70
Sec. 2301.02. The number of judges of the court of common 79
pleas for each county, the time for the next election of the 80
judges in the several counties, and the beginning of their terms 81
shall be as follows: 82
(A) In Adams, Ashland, Fayette, and Pike counties, one 84
judge, elected in 1956, term to begin February 9, 1957; 85
In Brown, Crawford, Defiance, Highland, Holmes, Morgan, 87
Ottawa, and Union counties, one judge, to be elected in 1954, 88
term to begin February 9, 1955; 89
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In Auglaize county, one judge, to be elected in 1956, term 91
to begin January 9, 1957; 92
In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin, 94
Jackson, Knox, Logan, Madison, Mercer, Monroe, Morrow, Paulding, 95
Vinton, and Wyandot counties, one judge, to be elected in 1956, 96
term to begin January 1, 1957; 97
In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway, 99
Preble, Shelby, Van Wert, and Williams counties, one judge, to be 100
elected in 1952, term to begin January 1, 1953; 101
In Harrison and Noble counties, one judge, to be elected in 103
1954, term to begin April 18, 1955; 104
In Henry and Putnam counties, one judge, to be elected in 106
1956, term to begin May 9, 1957; 107
In Huron county, one judge, to be elected in 1952, term to 109
begin May 14, 1953; 110
In Perry county, one judge, to be elected in 1954, term to 112
begin July 6, 1956; 113
In Sandusky county, two judges, one to be elected in 1954, 115
term to begin February 10, 1955, and one to be elected in 1978, 116
term to begin January 1, 1979; 117
(B) In Allen county, three judges, one to be elected in 119
1956, term to begin February 9, 1957, the second to be elected in 120
1958, term to begin January 1, 1959, and the third to be elected 121
in 1992, term to begin January 1, 1993; 122
In Ashtabula county, three judges, one to be elected in 124
1954, term to begin February 9, 1955, one to be elected in 1960, 125
term to begin January 1, 1961, and one to be elected in 1978, 126
term to begin January 2, 1979; 127
In Athens county, two judges, one to be elected in 1954, 129
term to begin February 9, 1955, and one to be elected in 1990, 130
term to begin July 1, 1991; 131
In Erie county, two judges, one to be elected in 1956, term 133
to begin January 1, 1957, and the second to be elected in 1970, 134
term to begin January 2, 1971; 135
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In Fairfield county, three judges, one to be elected in 137
1954, term to begin February 9, 1955, the second to be elected in 138
1970, term to begin January 1, 1971, and the third to be elected 139
in 1994, term to begin January 2, 1995; 140
In Geauga county, two judges, one to be elected in 1956, 142
term to begin January 1, 1957, and the second to be elected in 143
1976, term to begin January 1, 1977; 144
In Greene county, four judges, one to be elected in 1956, 146
term to begin February 9, 1957, the second to be elected in 1960, 147
term to begin January 1, 1961, the third to be elected in 1978, 148
term to begin January 2, 1979, and the fourth to be elected in 149
1994, term to begin January 1, 1995; 150
In Hancock county, two judges, one to be elected in 1952, 152
term to begin January 1, 1953, and the second to be elected in 153
1978, term to begin January 1, 1979; 154
In Lawrence county, two judges, one to be elected in 1954, 156
term to begin February 9, 1955, and the second to be elected in 157
1976, term to begin January 1, 1977; 158
In Marion county, two THREE judges, one to be elected in 160
1952, term to begin January 1, 1953, and the second to be elected 161
in 1976, term to begin January 2, 1977, AND THE THIRD TO BE 162
ELECTED IN 1998, TERM TO BEGIN FEBRUARY 9, 1999; 163
In Medina county, three judges, one to be elected in 1956, 165
term to begin January 1, 1957, the second to be elected in 1966, 166
term to begin January 1, 1967, and the third to be elected in 167
1994, term to begin January 1, 1995; 168
In Miami county, two judges, one to be elected in 1954, 170
term to begin February 9, 1955, and one to be elected in 1970, 171
term to begin on January 1, 1971; 172
In Muskingum county, two judges, one to be elected in 1968, 174
term to begin August 9, 1969, and one to be elected in 1978, term 175
to begin January 1, 1979; 176
In Portage county, three judges, one to be elected in 1956, 178
term to begin January 1, 1957, the second to be elected in 1960, 179
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term to begin January 1, 1961, and the third to be elected in 180
1986, term to begin January 2, 1987; 181
In Ross county, two judges, one to be elected in 1956, term 183
to begin February 9, 1957, and the second to be elected in 1976, 184
term to begin January 1, 1977; 185
In Scioto county, three judges, one to be elected in 1954, 187
term to begin February 10, 1955, the second to be elected in 188
1960, term to begin January 1, 1961, and the third to be elected 189
in 1994, term to begin January 2, 1995; 190
In Seneca county, two judges, one to be elected in 1956, 192
term to begin January 1, 1957, and the second to be elected in 193
1986, term to begin January 2, 1987; 194
In Warren county, three judges, one to be elected in 1954, 196
term to begin February 9, 1955, the second to be elected in 1970, 197
term to begin January 1, 1971, and the third to be elected in 198
1986, term to begin January 1, 1987; 199
In Washington county, two judges, one to be elected in 201
1952, term to begin January 1, 1953, and one to be elected in 202
1986, term to begin January 1, 1987; 203
In Wood county, three judges, one to be elected in 1968, 205
term beginning January 1, 1969, the second to be elected in 1970, 206
term to begin January 2, 1971, and the third to be elected in 207
1990, term to begin January 1, 1991; 208
In Belmont and Jefferson counties, two judges, to be 210
elected in 1954, terms to begin January 1, 1955, and February 9, 211
1955, respectively; 212
In Clark county, four judges, one to be elected in 1952, 214
term to begin January 1, 1953, the second to be elected in 1956, 215
term to begin January 2, 1957, the third to be elected in 1986, 216
term to begin January 3, 1987, and the fourth to be elected in 217
1994, term to begin January 2, 1995. 218
In Clermont county, four judges, one to be elected in 1956, 220
term to begin January 1, 1957, the second to be elected in 1964, 221
term to begin January 1, 1965, the third to be elected in 1982, 222
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term to begin January 2, 1983, and the fourth to be elected in 223
1986, term to begin January 2, 1987; 224
In Columbiana county, two judges, one to be elected in 226
1952, term to begin January 1, 1953, and the second to be elected 227
in 1956, term to begin January 1, 1957; 228
In Delaware county, two judges, one to be elected in 1990, 230
term to begin February 9, 1991, the second to be elected in 1994, 231
term to begin January 1, 1995; 232
In Lake county, five judges, one to be elected in 1958, 234
term to begin January 1, 1959, the second to be elected in 1960, 235
term to begin January 2, 1961, the third to be elected in 1964, 236
term to begin January 3, 1965, and the fourth and fifth to be 237
elected in 1978, terms to begin on January 4, 1979, and January 238
5, 1979, respectively; 239
In Licking county, three judges, one to be elected in 1954, 241
term to begin February 9, 1955, one to be elected in 1964, term 242
to begin January 1, 1965, and one to be elected in 1990, term to 243
begin January 1, 1991; 244
In Lorain county, six EIGHT judges, two to be elected in 246
1952, terms to begin January 1, 1953, and January 2, 1953, 247
respectively, one to be elected in 1958, term to begin January 3, 248
1959, one to be elected in 1968, term to begin January 1, 1969, 249
and two to be elected in 1988, terms to begin January 4, 1989, 250
and January 5, 1989, respectively, AND TWO TO BE ELECTED IN 1998, 251
TERMS TO BEGIN JANUARY 2, 1999, AND JANUARY 3, 1999, 253
RESPECTIVELY;
In Butler county, eight judges, one to be elected in 1956, 255
term to begin January 1, 1957; two to be elected in 1954, terms 256
to begin January 1, 1955, and February 9, 1955, respectively; one 257
to be elected in 1968, term to begin January 2, 1969; one to be 258
elected in 1986, term to begin January 3, 1987; two to be elected 259
in 1988, terms to begin January 1, 1989, and January 2, 1989, 260
respectively; and one to be elected in 1992, term to begin 261
January 4, 1993; 262
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In Richland county, three judges, one to be elected in 264
1956, term to begin January 1, 1957, the second to be elected in 265
1960, term to begin February 9, 1961, and the third to be elected 266
in 1968, term to begin January 2, 1969; 267
In Tuscarawas county, two judges, one to be elected in 269
1956, term to begin January 1, 1957, and the second to be elected 270
in 1960, term to begin January 2, 1961; 271
In Wayne county, two judges, one to be elected in 1956, 273
term beginning January 1, 1957, and one to be elected in 1968, 274
term to begin January 2, 1969; 275
In Trumbull county, six judges, one to be elected in 1952, 277
term to begin January 1, 1953, the second to be elected in 1954, 278
term to begin January 1, 1955, the third to be elected in 1956, 279
term to begin January 1, 1957, the fourth to be elected in 1964, 280
term to begin January 1, 1965, the fifth to be elected in 1976, 281
term to begin January 2, 1977; and the sixth to be elected in 282
1994, term to begin January 3, 1995; 283
(C) In Cuyahoga county, thirty-nine judges; eight to be 285
elected in 1954, terms to begin on successive days beginning from 286
January 1, 1955, to January 7, 1955, and February 9, 1955, 287
respectively; eight to be elected in 1956, terms to begin on 288
successive days beginning from January 1, 1957, to January 8, 289
1957; three to be elected in 1952, terms to begin from January 1, 290
1953, to January 3, 1953; two to be elected in 1960, terms to 291
begin on January 8, 1961, and January 9, 1961, respectively; two 292
to be elected in 1964, terms to begin January 4, 1965, and 293
January 5, 1965, respectively; one to be elected in 1966, term to 294
begin on January 10, 1967; four to be elected in 1968, terms to 295
begin on successive days beginning from January 9, 1969, to 296
January 12, 1969; two to be elected in 1974, terms to begin on 297
January 18, 1975, and January 19, 1975, respectively; five to be 298
elected in 1976, terms to begin on successive days beginning 299
January 6, 1977, to January 10, 1977; two to be elected in 1982, 300
terms to begin January 11, 1983, and January 12, 1983, 301
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respectively; and two to be elected in 1986, terms to begin 302
January 13, 1987, and January 14, 1987, respectively; 303
In Franklin county, twenty-one judges; two to be elected in 306
1954, terms to begin January 1, 1955, and February 9, 1955,
respectively; four to be elected in 1956, terms to begin January 307
1, 1957, to January 4, 1957; four to be elected in 1958, terms to 308
begin January 1, 1959, to January 4, 1959; three to be elected in 309
1968, terms to begin January 5, 1969, to January 7, 1969; three 310
to be elected in 1976, terms to begin on successive days 311
beginning January 5, 1977, to January 7, 1977; one to be elected 312
in 1982, term to begin January 8, 1983; one to be elected in 313
1986, term to begin January 9, 1987; two to be elected in 1990, 315
terms to begin July 1, 1991, and July 2, 1991, respectively; and 316
one to be elected in 1996, term to begin January 2, 1997; 317
In Hamilton county, twenty-one judges; eight to be elected 320
in 1966, terms to begin January 1, 1967, January 2, 1967, and 321
from February 9, 1967, to February 14, 1967, respectively; five 322
to be elected in 1956, terms to begin from January 1, 1957, to 323
January 5, 1957; one to be elected in 1964, term to begin January 324
1, 1965; one to be elected in 1974, term to begin January 15, 325
1975; one to be elected in 1980, term to begin January 16, 1981; 326
two to be elected at large in the general election in 1982, terms 327
to begin April 1, 1983; one to be elected in 1990, term to begin 328
July 1, 1991; and two to be elected in 1996, terms to begin 329
January 3, 1997, and January 4, 1997, respectively; 330
In Lucas county, fourteen judges; two to be elected in 332
1954, terms to begin January 1, 1955, and February 9, 1955, 333
respectively; two to be elected in 1956, terms to begin January 334
1, 1957, and October 29, 1957, respectively; two to be elected in 335
1952, terms to begin January 1, 1953, and January 2, 1953, 336
respectively; one to be elected in 1964, term to begin January 3, 337
1965; one to be elected in 1968, term to begin January 4, 1969; 338
two to be elected in 1976, terms to begin January 4, 1977, and 339
January 5, 1977, respectively; one to be elected in 1982, term to 340
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begin January 6, 1983; one to be elected in 1988, term to begin 341
January 7, 1989; one to be elected in 1990, term to begin January 342
2, 1991; and one to be elected in 1992, term to begin January 2, 343
1993; 344
In Mahoning county, seven judges; three to be elected in 346
1954, terms to begin January 1, 1955, January 2, 1955, and 347
February 9, 1955, respectively; one to be elected in 1956, term 348
to begin January 1, 1957; one to be elected in 1952, term to 349
begin January 1, 1953; one to be elected in 1968, term to begin 350
January 2, 1969; and one to be elected in 1990, term to begin 351
July 1, 1991; 352
In Montgomery county, fifteen judges; three to be elected 354
in 1954, terms to begin January 1, 1955, January 2, 1955, and 355
January 3, 1955, respectively; four to be elected in 1952, terms 356
to begin January 1, 1953, January 2, 1953, July 1, 1953, July 2, 357
1953, respectively; one to be elected in 1964, term to begin 358
January 3, 1965; one to be elected in 1968, term to begin January 359
3, 1969; three to be elected in 1976, terms to begin on 360
successive days beginning January 4, 1977, to January 6, 1977; 361
two to be elected in 1990, terms to begin July 1, 1991, and July 362
2, 1991, respectively; and one to be elected in 1992, term to 363
begin January 1, 1993. 364
In Stark county, eight judges; one to be elected in 1958, 366
term to begin on January 2, 1959; two to be elected in 1954, 367
terms to begin on January 1, 1955, and February 9, 1955, 368
respectively; two to be elected in 1952, terms to begin January 369
1, 1953, and April 16, 1953, respectively; one to be elected in 370
1966, term to begin on January 4, 1967; and two to be elected in 371
1992, terms to begin January 1, 1993, and January 2, 1993, 372
respectively; 373
In Summit county, eleven judges; four to be elected in 375
1954, terms to begin January 1, 1955, January 2, 1955, January 3, 376
1955, and February 9, 1955, respectively; three to be elected in 377
1958, terms to begin January 1, 1959, January 2, 1959, and May 378
10
17, 1959, respectively; one to be elected in 1966, term to begin 379
January 4, 1967; one to be elected in 1968, term to begin January 380
5, 1969; one to be elected in 1990, term to begin May 1, 1991; 381
and one to be elected in 1992, term to begin January 6, 1993. 382
Notwithstanding the foregoing provisions, in any county 384
having two or more judges of the court of common pleas, in which 385
more than one-third of the judges plus one were previously 386
elected at the same election, if the office of one of those 387
judges so elected becomes vacant more than forty days prior to 388
the second general election preceding the expiration of that 389
judge's term, the office that that judge had filled shall be 390
abolished as of the date of the next general election, and a new 391
office of judge of the court of common pleas shall be created. 392
The judge who is to fill that new office shall be elected for a 393
six-year term at the next general election, and the term of that 395
judge shall commence on the first day of the year following that 396
general election, on which day no other judge's term begins so 397
that the number of judges which such county shall elect shall not 398
be reduced. 399
Judges of the probate division of the court of common pleas 401
are judges of the court of common pleas, but shall be elected 402
pursuant to sections 2101.02 and 2101.021 of the Revised Code, 403
except in Adams, Harrison, Henry, Morgan, Morrow, Noble, and 404
Wyandot counties in which the judge of the court of common pleas 405
elected pursuant to this section shall also serve as judge of the 406
probate division. 407
Sec. 2301.03. (A) In Franklin county, the judges of the 417
court of common pleas whose terms begin on January 1, 1953, 418
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 419
1997, and successors, shall have the same qualifications, 420
exercise the same powers and jurisdiction, and receive the same 421
compensation as other judges of the court of common pleas of 422
Franklin county and shall be elected and designated as judges of 423
the court of common pleas, division of domestic relations. They 424
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shall have all the powers relating to juvenile courts, and all 425
cases under Chapter 2151. of the Revised Code, all parentage 426
proceedings under Chapter 3111. of the Revised Code over which 427
the juvenile court has jurisdiction, and all divorce, dissolution 428
of marriage, legal separation, and annulment cases shall be 429
assigned to them. In addition to the judge's regular duties, the 430
judge who is senior in point of service shall serve on the 432
children services board and the county advisory board and shall 433
be the administrator of the domestic relations division and its 434
subdivisions and departments.
(B)(1) In Hamilton county, the judge of the court of 436
common pleas, whose term begins on January 1, 1957, and 437
successors, and the judge of the court of common pleas, whose 438
term begins on February 14, 1967, and successors, shall be the 439
juvenile judges as provided in Chapter 2151. of the Revised Code, 440
with the powers and jurisdiction conferred by that chapter. 441
(2) The judges of the court of common pleas whose terms 443
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and 444
successors, shall be elected and designated as judges of the 445
court of common pleas, division of domestic relations, and shall 446
have assigned to them all divorce, dissolution of marriage, legal 447
separation, and annulment cases coming before the court. On or 448
after the first day of July and before the first day of August of 449
1991 and each year thereafter, a majority of the judges of the 450
division of domestic relations shall elect one of the judges of 451
the division as administrative judge of that division. If a 452
majority of the judges of the division of domestic relations are 453
unable for any reason to elect an administrative judge for the 455
division before the first day of August, a majority of the judges 456
of the Hamilton county court of common pleas, as soon as possible 457
after that date, shall elect one of the judges of the division of 458
domestic relations as administrative judge of that division. The 459
term of the administrative judge shall begin on the earlier of 460
the first day of August of the year in which the administrative 461
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judge is elected or the date on which the administrative judge is 463
elected by a majority of the judges of the Hamilton county court 466
of common pleas and shall terminate on the date on which the 467
administrative judge's successor is elected in the following 468
year. 469
In addition to the judge's regular duties, the 471
administrative judge of the division of domestic relations shall 473
be the administrator of the domestic relations division and its 474
subdivisions and departments and shall have charge of the 475
employment, assignment, and supervision of the personnel of the 476
division engaged in handling, servicing, or investigating 477
divorce, dissolution of marriage, legal separation, and annulment 478
cases, including any referees considered necessary by the judges 479
in the discharge of their various duties. 480
The administrative judge of the division of domestic 482
relations also shall designate the title, compensation, expense 483
allowances, hours, leaves of absence, and vacations of the 484
personnel of the division, and shall fix the duties of its 485
personnel. The duties of the personnel, in addition to those 486
provided for in other sections of the Revised Code, shall include 487
the handling, servicing, and investigation of divorce, 488
dissolution of marriage, legal separation, and annulment cases 489
and counseling and conciliation services that may be made 490
available to persons requesting them, whether or not the persons 491
are parties to an action pending in the division. 492
The board of county commissioners shall appropriate the sum 494
of money each year as will meet all the administrative expenses 495
of the division of domestic relations, including reasonable 496
expenses of the domestic relations judges and the division 497
counselors and other employees designated to conduct the 498
handling, servicing, and investigation of divorce, dissolution of 499
marriage, legal separation, and annulment cases, conciliation and 500
counseling, and all matters relating to those cases and 501
counseling, and the expenses involved in the attendance of 502
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division personnel at domestic relations and welfare conferences 503
designated by the division, and the further sum each year as will 504
provide for the adequate operation of the division of domestic 505
relations. 506
The compensation and expenses of all employees and the 508
salary and expenses of the judges shall be paid by the county 509
treasurer from the money appropriated for the operation of the 510
division, upon the warrant of the county auditor, certified to by 511
the administrative judge of the division of domestic relations. 512
The summonses, warrants, citations, subpoenas, and other 514
writs of the division may issue to a bailiff, constable, or staff 515
investigator of the division or to the sheriff of any county or 516
any marshal, constable, or police officer, and the provisions of 517
law relating to the subpoenaing of witnesses in other cases shall 518
apply insofar as they are applicable. When a summons, warrant, 519
citation, subpoena, or other writ is issued to an officer, other 520
than a bailiff, constable, or staff investigator of the division, 521
the expense of serving it shall be assessed as a part of the 522
costs in the case involved. 523
(3) The judge of the court of common pleas of Hamilton 526
County whose term begins on January 3, 1997, shall be elected and 527
designated for one term only as the drug court judge of the court 528
of common pleas of Hamilton County, and the successors to that 530
judge shall be elected and designated as judges of the general 531
division of the court of common pleas of Hamilton county and 532
shall not have the authority granted by division (B)(3) of this 533
section. The drug court judge may accept or reject any case 534
referred to the drug court judge under division (B)(3) of this 535
section. After the drug court judge accepts a referred case, the 536
drug court judge has full authority over the case, including the 537
authority to conduct arraignment, accept pleas, enter findings 538
and dispositions, conduct trials, order treatment, and if 539
treatment is not successfully completed pronounce and enter 540
sentence.
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A judge of the general division of the court of common 542
pleas of Hamilton County and a judge of the Hamilton County 544
municipal court may refer to the drug court judge any case, and 545
any companion cases, the judge determines meet the criteria 546
described under divisions (B)(3)(a) and (b) of this section. If 548
the drug court judge accepts referral of a referred case, the 549
case, and any companion cases, shall be transferred to the drug 551
court judge. A judge may refer a case meeting the criteria
described in divisions (B)(3)(a) and (b) of this section that 553
involves a violation of a term of probation to the drug court 554
judge, and, if the drug court judge accepts the referral, the 556
referring judge and the drug court judge have concurrent 557
jurisdiction over the case.
A judge of the general division of the court of common 559
pleas of Hamilton County and a judge of the Hamilton County 560
municipal court may refer a case to the drug court judge under 561
division (B)(3) of this section if the judge determines that both 562
of the following apply:
(a) One of the following applies: 564
(i) The case involves a drug abuse offense, as defined in 566
section 2925.01 of the Revised Code, that is a felony of the 568
third or fourth degree if the offense is committed prior to July 569
1, 1996, a felony of the third, fourth, or fifth degree if the 570
offense is committed on or after July 1, 1996, or a misdemeanor. 571
(ii) The case involves a theft offense, as defined in 573
section 2913.01 of the Revised Code, that is a felony of the 575
third or fourth degree if the offense is committed prior to July 576
1, 1996, a felony of the third, fourth, or fifth degree if the 577
offense is committed on or after July 1, 1996, or a misdemeanor, 578
and the defendant is drug or alcohol dependent or in danger of 579
becoming drug or alcohol dependent and would benefit from 580
treatment.
(b) All of the following apply: 582
(i) The case involves a probationable offense or a case in 584
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which a mandatory prison term is not required to be imposed. 585
(ii) The defendant has no history of violent behavior. 587
(iii) The defendant has no history of mental illness. 589
(iv) The defendant's current or past behavior, or both, is 591
drug or alcohol driven. 592
(v) The defendant demonstrates a sincere willingness to 594
participate in a fifteen-month treatment process. 595
(vi) The defendant has no acute health condition. 597
(vii) If the defendant is incarcerated, the county 599
prosecutor approves of the referral. 600
(4) If the administrative judge of the court of common 602
pleas of Hamilton county determines that the volume of cases 603
pending before the drug court judge does not constitute a 604
sufficient caseload for the drug court judge, the administrative 605
judge, in accordance with the Rules of Superintendence for Courts 606
of Common Pleas, shall assign individual cases to the drug court 607
judge from the general docket of the court. If the assignments 608
so occur, the administrative judge shall cease the assignments 609
when the administrative judge determines that the volume of cases 610
pending before the drug court judge constitutes a sufficient 611
caseload for the drug court judge.
(C) In Lorain county, the judges of the court of common 613
pleas whose terms begin on January 3, 1959, and January 4, 1989, 614
AND JANUARY 2, 1999, and successors, shall have the same 616
qualifications, exercise the same powers and jurisdiction, and 617
receive the same compensation as the other judges of the court of 618
common pleas of Lorain county and shall be elected and designated 619
as the judges of the court of common pleas, division of domestic 620
relations. They shall have all of the powers relating to 621
juvenile courts, and all cases under Chapter 2151. of the Revised 622
Code, all parentage proceedings over which the juvenile court has 623
jurisdiction, and all divorce, dissolution of marriage, legal 624
separation, and annulment cases shall be assigned to them, except 625
in any cases that for some special reason are assigned to some 626
16
other judge of the court of common pleas. 627
(D)(1) In Lucas county, the judges of the court of common 629
pleas whose terms begin on January 1, 1955, and January 3, 1965, 630
and successors, shall have the same qualifications, exercise the 631
same powers and jurisdiction, and receive the same compensation 632
as other judges of the court of common pleas of Lucas county and 633
shall be elected and designated as judges of the court of common 634
pleas, division of domestic relations. All divorce, dissolution 635
of marriage, legal separation, and annulment cases shall be 636
assigned to them. 637
The judge of the division of domestic relations, senior in 639
point of service, shall be considered as the presiding judge of 640
the court of common pleas, division of domestic relations, and 641
shall be charged exclusively with the assignment and division of 642
the work of the division and the employment and supervision of 643
all other personnel of the domestic relations division. 644
(2) The judges of the court of common pleas whose terms 646
begin on January 5, 1977, and January 2, 1991, and successors 647
shall have the same qualifications, exercise the same powers and 648
jurisdiction, and receive the same compensation as other judges 649
of the court of common pleas of Lucas county, shall be elected 650
and designated as judges of the court of common pleas, juvenile 651
division, and shall be the juvenile judges as provided in Chapter 652
2151. of the Revised Code with the powers and jurisdictions 653
conferred by that chapter. In addition to the judge's regular 655
duties, the judge of the court of common pleas, juvenile 656
division, senior in point of service, shall be the administrator 657
of the juvenile division and its subdivisions and departments and 658
shall have charge of the employment, assignment, and supervision 659
of the personnel of the division engaged in handling, servicing, 660
or investigating juvenile cases, including any referees 661
considered necessary by the judges of the division in the 662
discharge of their various duties. 663
The judge of the court of common pleas, juvenile division, 665
17
senior in point of service, also shall designate the title, 666
compensation, expense allowance, hours, leaves of absence, and 667
vacation of the personnel of the division and shall fix the 668
duties of the personnel of the division. The duties of the 669
personnel, in addition to other statutory duties include the 670
handling, servicing, and investigation of juvenile cases and 671
counseling and conciliation services that may be made available 672
to persons requesting them, whether or not the persons are 673
parties to an action pending in the division. 674
(3) If one of the judges of the court of common pleas, 676
division of domestic relations, or one of the judges of the 677
juvenile division is sick, absent, or unable to perform that 678
judge's judicial duties or the volume of cases pending in that 680
judge's division necessitates it, the duties shall be performed 681
by the judges of the other of those divisions. 683
(E)(1) In Mahoning county, the judge of the court of 685
common pleas whose term began on January 1, 1955, and successors, 686
shall have the same qualifications, exercise the same powers and 687
jurisdiction, and receive the same compensation as other judges 688
of the court of common pleas of Mahoning county, shall be elected 689
and designated as judge of the court of common pleas, division of 690
domestic relations, and shall be assigned all the divorce, 693
dissolution of marriage, legal separation, and annulment cases 694
coming before the court. In addition to the judge's regular 695
duties, the judge of the court of common pleas, division of
domestic relations, shall be the administrator of the domestic 696
relations division and its subdivisions and departments and shall 697
have charge of the employment, assignment, and supervision of the 698
personnel of the division engaged in handling, servicing, or 699
investigating divorce, dissolution of marriage, legal separation, 700
and annulment cases, including any referees considered necessary 701
in the discharge of the various duties of the judge's office. 703
The judge also shall designate the title, compensation, 705
expense allowances, hours, leaves of absence, and vacations of 706
18
the personnel of the division and shall fix the duties of the 707
personnel of the division. The duties of the personnel, in 708
addition to other statutory duties, include the handling, 709
servicing, and investigation of divorce, dissolution of marriage, 710
legal separation, and annulment cases and counseling and 711
conciliation services that may be made available to persons 712
requesting them, whether or not the persons are parties to an 713
action pending in the division. 714
(2) The judge of the court of common pleas whose term 716
began on January 2, 1969, and successors, shall have the same 717
qualifications, exercise the same powers and jurisdiction, and 718
receive the same compensation as other judges of the court of 719
common pleas of Mahoning county, shall be elected and designated 720
as judge of court of common pleas, juvenile division, and shall 721
be the juvenile judge as provided in Chapter 2151. of the Revised 722
Code, with the powers and jurisdictions conferred by that 723
chapter. In addition to the judge's regular duties, the judge of 725
the court of common pleas, juvenile division, shall be the 726
administrator of the juvenile division and its subdivisions and 727
departments and shall have charge of the employment, assignment, 728
and supervision of the personnel of the division engaged in 729
handling, servicing, or investigating juvenile cases, including 730
any referees considered necessary by the judge in the discharge 731
of the judge's various duties. 732
The judge also shall designate the title, compensation, 734
expense allowances, hours, leaves of absence, and vacation of the 735
personnel of the division and shall fix the duties of the 736
personnel of the division. The duties of the personnel, in 737
addition to other statutory duties, include the handling, 738
servicing, and investigation of juvenile cases and counseling and 739
conciliation services that may be made available to persons 740
requesting them, whether or not the persons are parties to an 741
action pending in the division. 742
(3) If a judge of the court of common pleas, division of 744
19
domestic relations or juvenile division, is sick, absent, or 745
unable to perform that judge's judicial duties, or the volume of 747
cases pending in that judge's division necessitates it, that 749
judge's duties shall be performed by another judge of the court 750
of common pleas.
(F)(1) In Montgomery county, the judges of the court of 752
common pleas whose terms begin on January 2, 1953, and January 4, 753
1977, and successors, shall have the same qualifications, 754
exercise the same powers and jurisdiction, and receive the same 755
compensation as other judges of the court of common pleas of 756
Montgomery county and shall be elected and designated as judges 757
of the court of common pleas, division of domestic relations. 758
These judges shall have assigned to them all divorce, dissolution 759
of marriage, legal separation, and annulment cases. 760
The judge of the division of domestic relations, senior in 762
point of service, shall be charged exclusively with the 763
assignment and division of the work of the division and shall 764
have charge of the employment and supervision of the personnel of 765
the division engaged in handling, servicing, or investigating 766
divorce, dissolution of marriage, legal separation, and annulment 767
cases, including any necessary referees, except those employees 768
who may be appointed by the judge, junior in point of service, 769
under this section and sections 2301.12, 2301.18, and 2301.19 of 770
the Revised Code. The judge of the division of domestic 771
relations, senior in point of service, also shall designate the 772
title, compensation, expense allowances, hours, leaves of 773
absence, and vacation of the personnel of the division and shall 774
fix their duties. 775
(2) The judges of the court of common pleas whose terms 777
begin on January 1, 1953, and January 1, 1993, and successors, 778
shall have the same qualifications, exercise the same powers and 779
jurisdiction, and receive the same compensation as other judges 780
of the court of common pleas of Montgomery county, shall be 781
elected and designated as judges of the court of common pleas, 782
20
juvenile division, and shall be, and have the powers and 783
jurisdiction of, the juvenile judge as provided in Chapter 2151. 784
of the Revised Code. 785
In addition to the judge's regular duties, the judge of the 787
court of common pleas, juvenile division, senior in point of 789
service, shall be the administrator of the juvenile division and 790
its subdivisions and departments and shall have charge of the 791
employment, assignment, and supervision of the personnel of the 792
juvenile division, including any necessary referees, who are 793
engaged in handling, servicing, or investigating juvenile cases. 794
The judge, senior in point of service, also shall designate the 795
title, compensation, expense allowances, hours, leaves of 796
absence, and vacation of the personnel of the division and shall 797
fix their duties. The duties of the personnel, in addition to 798
other statutory duties, shall include the handling, servicing, 799
and investigation of juvenile cases and of any counseling and 800
conciliation services that are available upon request to persons, 801
whether or not they are parties to an action pending in the 802
division. 803
If one of the judges of the court of common pleas, division 805
of domestic relations, or one of the judges of the court of 806
common pleas, juvenile division, is sick, absent, or unable to 807
perform that judge's duties or the volume of cases pending in 809
that judge's division necessitates it, the duties of that judge 811
may be performed by the judge or judges of the other of those 812
divisions.
(G) In Richland county, the judge of the court of common 814
pleas whose term begins on January 1, 1957, and successors, shall 815
have the same qualifications, exercise the same powers and 816
jurisdiction, and receive the same compensation as the other 817
judges of the court of common pleas of Richland county and shall 818
be elected and designated as judge of the court of common pleas, 819
division of domestic relations. That judge shall have all of the 821
powers relating to juvenile courts, and all cases under Chapter 822
21
2151. of the Revised Code, all parentage proceedings over which 823
the juvenile court has jurisdiction, and all divorce, dissolution 824
of marriage, legal separation, and annulment cases shall be 825
assigned to that judge, except in cases that for some special 826
reason are assigned to some other judge of the court of common 828
pleas.
(H) In Stark county, the judges of the court of common 830
pleas whose terms begin on January 1, 1953, January 2, 1959, and 831
January 1, 1993, and successors, shall have the same 832
qualifications, exercise the same powers and jurisdiction, and 833
receive the same compensation as other judges of the court of 834
common pleas of Stark county and shall be elected and designated 835
as judges of the court of common pleas, division of domestic 836
relations. They shall have all the powers relating to juvenile 837
courts, and all cases under Chapter 2151. of the Revised Code, 838
all parentage proceedings over which the juvenile court has 839
jurisdiction, and all divorce, dissolution of marriage, legal 840
separation, and annulment cases, except cases that are assigned 841
to some other judge of the court of common pleas for some special 842
reason, shall be assigned to the judges. 843
The judge of the division of domestic relations, second 845
most senior in point of service, shall have charge of the 846
employment and supervision of the personnel of the division 847
engaged in handling, servicing, or investigating divorce, 848
dissolution of marriage, legal separation, and annulment cases, 849
and necessary referees required for the judge's respective court. 851
The judge of the division of domestic relations, senior in 853
point of service, shall be charged exclusively with the 854
administration of sections 2151.13, 2151.16, 2151.17, and 2151.18 855
of the Revised Code and with the assignment and division of the 856
work of the division and the employment and supervision of all 857
other personnel of the division, including, but not limited to, 858
that judge's necessary referees, but excepting those employees 860
who may be appointed by the judge second most senior in point of 861
22
service. The senior judge further shall serve in every other 863
position in which the statutes permit or require a juvenile judge 864
to serve.
(I) In Summit county: 866
(1) The judges of the court of common pleas whose terms 868
begin on January 4, 1967, and January 6, 1993, and successors, 869
shall have the same qualifications, exercise the same powers and 870
jurisdiction, and receive the same compensation as other judges 871
of the court of common pleas of Summit county and shall be 872
elected and designated as judges of the court of common pleas, 873
division of domestic relations. The judges of the division of 874
domestic relations shall have assigned to them and hear all 875
divorce, dissolution of marriage, legal separation, and annulment 876
cases that come before the court. 877
The judge of the division of domestic relations, senior in 879
point of service, shall be the administrator of the domestic 880
relations division and its subdivisions and departments and shall 881
have charge of the employment, assignment, and supervision of the 882
personnel of the division, including any necessary referees, who 883
are engaged in handling, servicing, or investigating divorce, 884
dissolution of marriage, legal separation, and annulment cases. 885
That judge also shall designate the title, compensation, expense 886
allowances, hours, leaves of absence, and vacations of the 887
personnel of the division and shall fix their duties. The duties 888
of the personnel, in addition to other statutory duties, shall 889
include the handling, servicing, and investigation of divorce, 890
dissolution of marriage, legal separation, and annulment cases 891
and of any counseling and conciliation services that are 892
available upon request to all persons, whether or not they are 893
parties to an action pending in the division. 894
(2) The judge of the court of common pleas whose term 896
begins on January 1, 1955, and successors, shall have the same 897
qualifications, exercise the same powers and jurisdiction, and 898
receive the same compensation as other judges of the court of 899
23
common pleas of Summit county, shall be elected and designated as 900
judge of the court of common pleas, juvenile division, and shall 901
be, and have the powers and jurisdiction of, the juvenile judge 902
as provided in Chapter 2151. of the Revised Code. 903
The juvenile judge shall be the administrator of the 905
juvenile division and its subdivisions and departments and shall 906
have charge of the employment, assignment, and supervision of the 907
personnel of the juvenile division, including any necessary 908
referees, who are engaged in handling, servicing, or 909
investigating juvenile cases. The judge also shall designate the 910
title, compensation, expense allowances, hours, leaves of 911
absence, and vacation of the personnel of the division and shall 912
fix their duties. The duties of the personnel, in addition to 913
other statutory duties, shall include the handling, servicing, 914
and investigation of juvenile cases and of any counseling and 915
conciliation services that are available upon request to persons, 916
whether or not they are parties to an action pending in the 917
division. 918
(J) In Trumbull county, the judges of the court of common 920
pleas whose terms begin on January 1, 1953, and January 2, 1977, 921
and successors, shall have the same qualifications, exercise the 922
same powers and jurisdiction, and receive the same compensation 923
as other judges of the court of common pleas of Trumbull county 924
and shall be elected and designated as judges of the court of 925
common pleas, division of domestic relations. They shall have 926
all the powers relating to juvenile courts, and all cases under 927
Chapter 2151. of the Revised Code, all parentage proceedings over 928
which the juvenile court has jurisdiction, and all divorce, 929
dissolution of marriage, legal separation, and annulment cases 930
shall be assigned to them, except cases that for some special 931
reason are assigned to some other judge of the court of common 932
pleas. 933
(K) In Butler county: 935
(1) The judges of the court of common pleas whose terms 937
24
begin on January 1, 1957, and January 4, 1993, and successors, 938
shall have the same qualifications, exercise the same powers and 939
jurisdiction, and receive the same compensation as other judges 940
of the court of common pleas of Butler county and shall be 941
elected and designated as judges of the court of common pleas, 942
division of domestic relations. The judges of the division of 943
domestic relations shall have assigned to them all divorce, 944
dissolution of marriage, legal separation, and annulment cases 945
coming before the court, except in cases that for some special 946
reason are assigned to some other judge of the court of common 947
pleas. The judge senior in point of service shall be charged 948
with the assignment and division of the work of the division and 949
with the employment and supervision of all other personnel of the 950
domestic relations division. 951
The judge senior in point of service also shall designate 953
the title, compensation, expense allowances, hours, leaves of 954
absence, and vacations of the personnel of the division and shall 955
fix their duties. The duties of the personnel, in addition to 956
other statutory duties, shall include the handling, servicing, 957
and investigation of divorce, dissolution of marriage, legal 958
separation, and annulment cases and providing any counseling and 959
conciliation services that the division makes available to 960
persons, whether or not the persons are parties to an action 961
pending in the division, who request the services. 962
(2) The judge of the court of common pleas whose term 964
begins on January 3, 1987, and successors, shall have the same 965
qualifications, exercise the same powers and jurisdiction, and 966
receive the same compensation as other judges of the court of 967
common pleas of Butler county, shall be elected and designated as 968
judge of the court of common pleas, juvenile division, and shall 969
be the juvenile judge as provided in Chapter 2151. of the Revised 970
Code, with the powers and jurisdictions conferred by that 971
chapter. The judge of the court of common pleas, juvenile 972
division, shall be the administrator of the juvenile division and 973
25
its subdivisions and departments. The judge shall have charge of 974
the employment, assignment, and supervision of the personnel of 975
the juvenile division who are engaged in handling, servicing, or 976
investigating juvenile cases, including any referees whom the 977
judge considers necessary for the discharge of the judge's 978
various duties. 979
The judge also shall designate the title, compensation, 981
expense allowances, hours, leaves of absence, and vacation of the 982
personnel of the division and shall fix their duties. The duties 983
of the personnel, in addition to other statutory duties, include 984
the handling, servicing, and investigation of juvenile cases and 985
providing any counseling and conciliation services that the 986
division makes available to persons, whether or not the persons 987
are parties to an action pending in the division, who request the 988
services. 989
(3) If a judge of the court of common pleas, division of 991
domestic relations or juvenile division, is sick, absent, or 992
unable to perform that judge's judicial duties or the volume of 994
cases pending in the judge's division necessitates it, the duties 996
of that judge shall be performed by the other judges of the 997
domestic relations and juvenile divisions. 998
(L)(1) In Cuyahoga county, the judges of the court of 1,000
common pleas whose terms begin on January 8, 1961, January 9, 1,001
1961, January 18, 1975, January 19, 1975, and January 13, 1987, 1,002
and successors, shall have the same qualifications, exercise the 1,003
same powers and jurisdiction, and receive the same compensation 1,004
as other judges of the court of common pleas of Cuyahoga county 1,005
and shall be elected and designated as judges of the court of 1,006
common pleas, division of domestic relations. They shall have 1,007
all the powers relating to all divorce, dissolution of marriage, 1,008
legal separation, and annulment cases, except in cases that are 1,009
assigned to some other judge of the court of common pleas for 1,010
some special reason. 1,011
(2) The administrative judge is administrator of the 1,013
26
domestic relations division and its subdivisions and departments 1,014
and has the following powers concerning division personnel: 1,015
(a) Full charge of the employment, assignment, and 1,017
supervision; 1,018
(b) Sole determination of compensation, duties, expenses, 1,020
allowances, hours, leaves, and vacations. 1,021
(3) "Division personnel" include persons employed or 1,023
referees engaged in hearing, servicing, investigating, 1,024
counseling, or conciliating divorce, dissolution of marriage, 1,025
legal separation and annulment matters. 1,026
(M) In Lake county: 1,028
(1) The judge of the court of common pleas whose term 1,030
begins on January 2, 1961, and successors, shall have the same 1,031
qualifications, exercise the same powers and jurisdiction, and 1,032
receive the same compensation as the other judges of the court of 1,033
common pleas of Lake county and shall be elected and designated 1,034
as judge of the court of common pleas, division of domestic 1,035
relations. The judge shall be assigned all the divorce, 1,037
dissolution of marriage, legal separation, and annulment cases 1,038
coming before the court, except in cases that for some special 1,039
reason are assigned to some other judge of the court of common 1,040
pleas. The judge shall be charged with the assignment and 1,041
division of the work of the division and with the employment and 1,042
supervision of all other personnel of the domestic relations 1,043
division. 1,044
The judge also shall designate the title, compensation, 1,046
expense allowances, hours, leaves of absence, and vacations of 1,047
the personnel of the division and shall fix their duties. The 1,048
duties of the personnel, in addition to other statutory duties, 1,049
shall include the handling, servicing, and investigation of 1,050
divorce, dissolution of marriage, legal separation, and annulment 1,051
cases and providing any counseling and conciliation services that 1,052
the division makes available to persons, whether or not the 1,053
persons are parties to an action pending in the division, who 1,054
27
request the services. 1,055
(2) The judge of the court of common pleas whose term 1,057
begins on January 4, 1979, and successors, shall have the same 1,058
qualifications, exercise the same powers and jurisdiction, and 1,059
receive the same compensation as other judges of the court of 1,060
common pleas of Lake county, shall be elected and designated as 1,061
judge of the court of common pleas, juvenile division, and shall 1,062
be the juvenile judge as provided in Chapter 2151. of the Revised 1,063
Code, with the powers and jurisdictions conferred by that 1,064
chapter. The judge of the court of common pleas, juvenile 1,065
division, shall be the administrator of the juvenile division and 1,066
its subdivisions and departments. The judge shall have charge of 1,067
the employment, assignment, and supervision of the personnel of 1,068
the juvenile division who are engaged in handling, servicing, or 1,069
investigating juvenile cases, including any referees whom the 1,070
judge considers necessary for the discharge of the judge's 1,071
various duties. 1,072
The judge also shall designate the title, compensation, 1,074
expense allowances, hours, leaves of absence, and vacation of the 1,075
personnel of the division and shall fix their duties. The duties 1,076
of the personnel, in addition to other statutory duties, include 1,077
the handling, servicing, and investigation of juvenile cases and 1,078
providing any counseling and conciliation services that the 1,079
division makes available to persons, whether or not the persons 1,080
are parties to an action pending in the division, who request the 1,081
services. 1,082
(3) If a judge of the court of common pleas, division of 1,084
domestic relations or juvenile division, is sick, absent, or 1,085
unable to perform that judge's judicial duties or the volume of 1,087
cases pending in the judge's division necessitates it, the duties 1,089
of that judge shall be performed by the other judges of the 1,090
domestic relations and juvenile divisions. 1,091
(N) In Erie county, the judge of the court of common pleas 1,093
whose term begins on January 2, 1971, and successors, shall have 1,094
28
the same qualifications, exercise the same powers and 1,095
jurisdiction, and receive the same compensation as the other 1,096
judge of the court of common pleas of Erie county and shall be 1,097
elected and designated as judge of the court of common pleas, 1,098
division of domestic relations. The judge shall have all the 1,099
powers relating to juvenile courts, and shall be assigned all 1,100
cases under Chapter 2151. of the Revised Code, parentage 1,102
proceedings over which the juvenile court has jurisdiction, and 1,104
divorce, dissolution of marriage, legal separation, and annulment 1,105
cases, except cases that for some special reason are assigned to 1,106
some other judge. 1,107
(O) In Greene county: 1,109
(1) The judge of the court of common pleas whose term 1,111
begins on January 1, 1961, and successors, shall have the same 1,112
qualifications, exercise the same powers and jurisdiction, and 1,113
receive the same compensation as the other judges of the court of 1,114
common pleas of Greene county and shall be elected and designated 1,115
as the judge of the court of common pleas, division of domestic 1,116
relations. The judge shall be assigned all divorce, dissolution 1,118
of marriage, legal separation, annulment, uniform reciprocal 1,119
support enforcement, and domestic violence cases and all other 1,120
cases related to domestic relations, except cases that for some 1,121
special reason are assigned to some other judge of the court of 1,122
common pleas.
The judge shall be charged with the assignment and division 1,124
of the work of the division and with the employment and 1,125
supervision of all other personnel of the division. The judge 1,127
also shall designate the title, compensation, hours, leaves of 1,129
absence, and vacations of the personnel of the division and shall 1,130
fix their duties. The duties of the personnel of the division, 1,131
in addition to other statutory duties, shall include the 1,132
handling, servicing, and investigation of divorce, dissolution of 1,133
marriage, legal separation, and annulment cases and the provision 1,134
of counseling and conciliation services that the division 1,135
29
considers necessary and makes available to persons who request 1,136
the services, whether or not the persons are parties in an action 1,137
pending in the division. The compensation for the personnel 1,138
shall be paid from the overall court budget and shall be included 1,139
in the appropriations for the existing judges of the general 1,140
division of the court of common pleas.
(2) The judge of the court of common pleas whose term 1,142
begins on January 1, 1995, and successors, shall have the same 1,143
qualifications, exercise the same powers and jurisdiction, and 1,144
receive the same compensation as the other judges of the court of 1,145
common pleas of Greene county, shall be elected and designated as 1,146
judge of the court of common pleas, juvenile division, and, on or 1,147
after January 1, 1995, shall be the juvenile judge as provided in 1,148
Chapter 2151. of the Revised Code with the powers and 1,149
jurisdiction conferred by that chapter. The judge of the court 1,150
of common pleas, juvenile division, shall be the administrator of 1,151
the juvenile division and its subdivisions and departments. The 1,152
judge shall have charge of the employment, assignment, and 1,153
supervision of the personnel of the juvenile division who are 1,154
engaged in handling, servicing, or investigating juvenile cases, 1,155
including any referees whom the judge considers necessary for the 1,156
discharge of the judge's various duties. 1,157
The judge also shall designate the title, compensation, 1,159
expense allowances, hours, leaves of absence, and vacation of the 1,160
personnel of the division and shall fix their duties. The duties 1,161
of the personnel, in addition to other statutory duties, include 1,162
the handling, servicing, and investigation of juvenile cases and 1,163
providing any counseling and conciliation services that the court 1,164
makes available to persons, whether or not the persons are 1,165
parties to an action pending in the court, who request the 1,166
services. 1,167
(3) If one of the judges of the court of common pleas, 1,169
general division, is sick, absent, or unable to perform that 1,170
judge's judicial duties or the volume of cases pending in the 1,171
30
general division necessitates it, the duties of that judge of the 1,173
general division shall be performed by the judge of the division 1,174
of domestic relations and the judge of the juvenile division. 1,175
(P) In Portage county, the judge of the court of common 1,177
pleas, whose term begins January 2, 1987, and successors, shall 1,178
have the same qualifications, exercise the same powers and 1,179
jurisdiction, and receive the same compensation as the other 1,180
judges of the court of common pleas of Portage county and shall 1,181
be elected and designated as judge of the court of common pleas, 1,182
division of domestic relations. The judge shall be assigned all 1,184
divorce, dissolution of marriage, legal separation, and annulment 1,186
cases coming before the court, except in cases that for some 1,187
special reason are assigned to some other judge of the court of 1,188
common pleas. The judge shall be charged with the assignment and 1,189
division of the work of the division and with the employment and 1,190
supervision of all other personnel of the domestic relations 1,191
division.
The judge also shall designate the title, compensation, 1,193
expense allowances, hours, leaves of absence, and vacations of 1,194
the personnel of the division and shall fix their duties. The 1,195
duties of the personnel, in addition to other statutory duties, 1,196
shall include the handling, servicing, and investigation of 1,197
divorce, dissolution of marriage, legal separation, and annulment 1,198
cases and providing any counseling and conciliation services that 1,199
the division makes available to persons, whether or not the 1,200
persons are parties to an action pending in the division, who 1,201
request the services. 1,202
(Q) In Clermont county, the judge of the court of common 1,204
pleas, whose term begins January 2, 1987, and successors, shall 1,205
have the same qualifications, exercise the same powers and 1,206
jurisdiction, and receive the same compensation as the other 1,207
judges of the court of common pleas of Clermont county and shall 1,208
be elected and designated as judge of the court of common pleas, 1,209
division of domestic relations. The judge shall be assigned all 1,211
31
divorce, dissolution of marriage, legal separation, and annulment 1,213
cases coming before the court, except in cases that for some 1,214
special reason are assigned to some other judge of the court of 1,215
common pleas. The judge shall be charged with the assignment and 1,216
division of the work of the division and with the employment and 1,217
supervision of all other personnel of the domestic relations 1,218
division.
The judge also shall designate the title, compensation, 1,220
expense allowances, hours, leaves of absence, and vacations of 1,221
the personnel of the division and shall fix their duties. The 1,222
duties of the personnel, in addition to other statutory duties, 1,223
shall include the handling, servicing, and investigation of 1,224
divorce, dissolution of marriage, legal separation, and annulment 1,225
cases and providing any counseling and conciliation services that 1,226
the division makes available to persons, whether or not the 1,227
persons are parties to an action pending in the division, who 1,228
request the services. 1,229
(R) In Warren county, the judge of the court of common 1,231
pleas, whose term begins January 1, 1987, and successors, shall 1,232
have the same qualifications, exercise the same powers and 1,233
jurisdiction, and receive the same compensation as the other 1,234
judges of the court of common pleas of Warren county and shall be 1,235
elected and designated as judge of the court of common pleas, 1,236
division of domestic relations. The judge shall be assigned all 1,238
divorce, dissolution of marriage, legal separation, and annulment 1,240
cases coming before the court, except in cases that for some 1,241
special reason are assigned to some other judge of the court of 1,242
common pleas. The judge shall be charged with the assignment and 1,243
division of the work of the division and with the employment and 1,244
supervision of all other personnel of the domestic relations 1,245
division.
The judge also shall designate the title, compensation, 1,247
expense allowances, hours, leaves of absence, and vacations of 1,248
the personnel of the division and shall fix their duties. The 1,249
32
duties of the personnel, in addition to other statutory duties, 1,250
shall include the handling, servicing, and investigation of 1,251
divorce, dissolution of marriage, legal separation, and annulment 1,252
cases and providing any counseling and conciliation services that 1,253
the division makes available to persons, whether or not the 1,254
persons are parties to an action pending in the division, who 1,255
request the services. 1,256
(S) In Licking county, the judge of the court of common 1,258
pleas, whose term begins January 1, 1991, and successors, shall 1,259
have the same qualifications, exercise the same powers and 1,260
jurisdiction, and receive the same compensation as the other 1,261
judges of the court of common pleas of Licking county and shall 1,262
be elected and designated as judge of the court of common pleas, 1,263
division of domestic relations. The judge shall be assigned all 1,265
divorce, dissolution of marriage, legal separation, and annulment 1,267
cases, all cases arising under Chapter 3111. of the Revised Code, 1,268
all proceedings involving child support, the allocation of 1,269
parental rights and responsibilities for the care of children and 1,270
the designation for the children of a place of residence and 1,271
legal custodian, and visitation, and all post-decree proceedings 1,272
and matters arising from those cases and proceedings, except in 1,273
cases that for some special reason are assigned to another judge 1,274
of the court of common pleas. The judge shall be charged with 1,275
the assignment and division of the work of the division and with 1,276
the employment and supervision of the personnel of the division. 1,277
The judge shall designate the title, compensation, expense 1,279
allowances, hours, leaves of absence, and vacations of the 1,280
personnel of the division and shall fix the duties of the 1,281
personnel of the division. The duties of the personnel of the 1,282
division, in addition to other statutory duties, shall include 1,283
the handling, servicing, and investigation of divorce, 1,284
dissolution of marriage, legal separation, and annulment cases, 1,285
cases arising under Chapter 3111. of the Revised Code, and 1,286
proceedings involving child support, the allocation of parental 1,287
33
rights and responsibilities for the care of children and the 1,288
designation for the children of a place of residence and legal 1,289
custodian, and visitation and providing any counseling and 1,290
conciliation services that the division makes available to 1,291
persons, whether or not the persons are parties to an action 1,292
pending in the division, who request the services. 1,293
(T) In Allen county, the judge of the court of common 1,295
pleas, whose term begins January 1, 1993, and successors, shall 1,296
have the same qualifications, exercise the same powers and 1,297
jurisdiction, and receive the same compensation as the other 1,298
judges of the court of common pleas of Allen county and shall be 1,299
elected and designated as judge of the court of common pleas, 1,300
division of domestic relations. The judge shall be assigned all 1,302
divorce, dissolution of marriage, legal separation, and annulment 1,304
cases, all cases arising under Chapter 3111. of the Revised Code, 1,305
all proceedings involving child support, the allocation of 1,306
parental rights and responsibilities for the care of children and 1,307
the designation for the children of a place of residence and 1,308
legal custodian, and visitation, and all post-decree proceedings 1,309
and matters arising from those cases and proceedings, except in 1,310
cases that for some special reason are assigned to another judge 1,311
of the court of common pleas. The judge shall be charged with 1,312
the assignment and division of the work of the division and with 1,313
the employment and supervision of the personnel of the division. 1,314
The judge shall designate the title, compensation, expense 1,316
allowances, hours, leaves of absence, and vacations of the 1,317
personnel of the division and shall fix the duties of the 1,318
personnel of the division. The duties of the personnel of the 1,319
division, in addition to other statutory duties, shall include 1,320
the handling, servicing, and investigation of divorce, 1,321
dissolution of marriage, legal separation, and annulment cases, 1,322
cases arising under Chapter 3111. of the Revised Code, and 1,323
proceedings involving child support, the allocation of parental 1,324
rights and responsibilities for the care of children and the 1,325
34
designation for the children of a place of residence and legal 1,326
custodian, and visitation, and providing any counseling and 1,327
conciliation services that the division makes available to 1,328
persons, whether or not the persons are parties to an action 1,329
pending in the division, who request the services. 1,330
(U) In Medina county, the judge of the court of common 1,332
pleas whose term begins January 1, 1995, and successors, shall 1,333
have the same qualifications, exercise the same powers and 1,334
jurisdiction, and receive the same compensation as other judges 1,335
of the court of common pleas of Medina county and shall be 1,336
elected and designated as judge of the court of common pleas, 1,337
division of domestic relations. The judge shall be assigned all 1,339
divorce, dissolution of marriage, legal separation, and annulment 1,341
cases, all cases arising under Chapter 3111. of the Revised Code, 1,342
all proceedings involving child support, the allocation of 1,343
parental rights and responsibilities for the care of children and 1,344
the designation for the children of a place of residence and 1,345
legal custodian, and visitation, and all post-decree proceedings 1,346
and matters arising from those cases and proceedings, except in 1,347
cases that for some special reason are assigned to another judge 1,348
of the court of common pleas. The judge shall be charged with 1,349
the assignment and division of the work of the division and with 1,350
the employment and supervision of the personnel of the division. 1,351
The judge shall designate the title, compensation, expense 1,353
allowances, hours, leaves of absence, and vacations of the 1,354
personnel of the division and shall fix the duties of the 1,355
personnel of the division. The duties of the personnel, in 1,356
addition to other statutory duties, include the handling, 1,357
servicing, and investigation of divorce, dissolution of marriage, 1,358
legal separation, and annulment cases, cases arising under 1,359
Chapter 3111. of the Revised Code, and proceedings involving 1,360
child support, the allocation of parental rights and 1,361
responsibilities for the care of children and the designation for 1,362
the children of a place of residence and legal custodian, and 1,363
35
visitation, and providing counseling and conciliation services 1,364
that the division makes available to persons, whether or not the 1,365
persons are parties to an action pending in the division, who 1,366
request the services. 1,367
(V) In Fairfield county, the judge of the court of common 1,369
pleas whose term begins January 2, 1995, and successors, shall 1,370
have the same qualifications, exercise the same powers and 1,371
jurisdiction, and receive the same compensation as the other 1,372
judges of the court of common pleas of Fairfield county and shall 1,373
be elected and designated as judge of the court of common pleas, 1,374
division of domestic relations. The judge shall be assigned all 1,376
divorce, dissolution of marriage, legal separation, and annulment 1,378
cases, all cases arising under Chapter 3111. of the Revised Code, 1,379
all proceedings involving child support, the allocation of 1,380
parental rights and responsibilities for the care of children and 1,381
the designation for the children of a place of residence and 1,382
legal custodian, and visitation, and all post-decree proceedings 1,383
and matters arising from those cases and proceedings, except in 1,384
cases that for some special reason are assigned to another judge 1,385
of the court of common pleas. The judge also has concurrent 1,386
jurisdiction with the probate-juvenile division of the court of
common pleas of Fairfield county with respect to and may hear 1,387
cases to determine the custody of a child, as defined in section 1,388
2151.011 of the Revised Code, who is not the ward of another 1,389
court of this state, cases that are commenced by a parent, 1,390
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 1,391
child to pay child support for that child when the request for 1,392
that order is not ancillary to an action for divorce, dissolution 1,393
of marriage, annulment, or legal separation, a criminal or civil 1,394
action involving an allegation of domestic violence, an action 1,395
for support under Chapter 3115. of the Revised Code, or an action
that is within the exclusive original jurisdiction of the 1,396
probate-juvenile division of the court of common pleas of 1,397
36
Fairfield county and that involves an allegation that the child 1,398
is an abused, neglected, or dependent child, and post-decree 1,399
proceedings and matters arising from those types of cases.
The judge of the domestic relations division shall be 1,401
charged with the assignment and division of the work of the 1,404
division and with the employment and supervision of the personnel 1,405
of the division.
The judge shall designate the title, compensation, expense 1,407
allowances, hours, leaves of absence, and vacations of the 1,408
personnel of the division and shall fix the duties of the 1,409
personnel of the division. The duties of the personnel of the 1,410
division, in addition to other statutory duties, shall include 1,411
the handling, servicing, and investigation of divorce, 1,412
dissolution of marriage, legal separation, and annulment cases, 1,413
cases arising under Chapter 3111. of the Revised Code, and 1,414
proceedings involving child support, the allocation of parental 1,415
rights and responsibilities for the care of children and the 1,416
designation for the children of a place of residence and legal 1,417
custodian, and visitation, and providing any counseling and 1,418
conciliation services that the division makes available to 1,419
persons, regardless of whether the persons are parties to an 1,420
action pending in the division, who request the services. When 1,422
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 1,423
ward of another court of this state or a case that is commenced 1,424
by a parent, guardian, or custodian of a child, as defined in 1,425
section 2151.011 of the Revised Code, to obtain an order 1,426
requiring a parent of the child to pay child support for that
child when the request for that order is not ancillary to an 1,427
action for divorce, dissolution of marriage, annulment, or legal 1,428
separation, a criminal or civil action involving an allegation of 1,429
domestic violence, an action for support under Chapter 3115. of 1,430
the Revised Code, or an action that is within the exclusive 1,431
original jurisdiction of the probate-juvenile division of the
37
court of common pleas of Fairfield county and that involves an 1,433
allegation that the child is an abused, neglected, or dependent 1,434
child, the duties of the personnel of the domestic relations 1,435
division also include the handling, servicing, and investigation 1,436
of those types of cases.
(W)(1) In Clark county, the judge of the court of common 1,438
pleas whose term begins on January 2, 1995, and successors, shall 1,439
have the same qualifications, exercise the same powers and 1,440
jurisdiction, and receive the same compensation as other judges 1,441
of the court of common pleas of Clark county and shall be elected 1,442
and designated as judge of the court of common pleas, domestic 1,443
relations division. The judge shall have all the powers relating 1,445
to juvenile courts, and all cases under Chapter 2151. of the 1,446
Revised Code and all parentage proceedings under Chapter 3111. of 1,447
the Revised Code over which the juvenile court has jurisdiction 1,448
shall be assigned to the judge of the division of domestic 1,449
relations. All divorce, dissolution of marriage, legal 1,450
separation, annulment, uniform reciprocal support enforcement, 1,451
and other cases related to domestic relations shall be assigned 1,452
to the domestic relations division, and the presiding judge of 1,453
the court of common pleas shall assign the cases to the judge of 1,454
the domestic relations division and the judges of the general 1,455
division. 1,456
(2) In addition to the judge's regular duties, the judge 1,458
of the division of domestic relations shall serve on the children 1,460
services board and the county advisory board. 1,461
(3) If the judge of the court of common pleas of Clark 1,463
county, division of domestic relations, is sick, absent, or 1,464
unable to perform that judge's judicial duties or if the 1,465
presiding judge of the court of common pleas of Clark county 1,468
determines that the volume of cases pending in the division of 1,469
domestic relations necessitates it, the duties of the judge of 1,470
the division of domestic relations shall be performed by the 1,471
judges of the general division or probate division of the court 1,472
38
of common pleas of Clark county, as assigned for that purpose by 1,473
the presiding judge of that court, and the judges so assigned 1,474
shall act in conjunction with the judge of the division of 1,475
domestic relations of that court. 1,476
(X) In Scioto county, the judge of the court of common 1,478
pleas whose term begins January 2, 1995, and successors, shall 1,480
have the same qualifications, exercise the same powers and 1,481
jurisdiction, and receive the same compensation as other judges 1,482
of the court of common pleas of Scioto county and shall be 1,483
elected and designated as judge of the court of common pleas, 1,484
division of domestic relations. The judge shall be assigned all 1,486
divorce, dissolution of marriage, legal separation, and annulment 1,488
cases, all cases arising under Chapter 3111. of the Revised Code, 1,489
all proceedings involving child support, the allocation of 1,490
parental rights and responsibilities for the care of children and 1,491
the designation for the children of a place of residence and 1,492
legal custodian, visitation, and all post-decree proceedings and 1,493
matters arising from those cases and proceedings, except in cases 1,494
that for some special reason are assigned to another judge of the 1,495
court of common pleas. The judge shall be charged with the 1,496
assignment and division of the work of the division and with the 1,497
employment and supervision of the personnel of the division. 1,498
The judge shall designate the title, compensation, expense 1,500
allowances, hours, leaves of absence, and vacations of the 1,501
personnel of the division and shall fix the duties of the 1,502
personnel of the division. The duties of the personnel, in 1,503
addition to other statutory duties, include the handling, 1,504
servicing, and investigation of divorce, dissolution of marriage, 1,505
legal separation, and annulment cases, cases arising under 1,506
Chapter 3111. of the Revised Code, and proceedings involving 1,507
child support, the allocation of parental rights and 1,508
responsibilities for the care of children and the designation for 1,509
the children of a place of residence and legal custodian, and 1,510
visitation, and providing counseling and conciliation services 1,511
39
that the division makes available to persons, whether or not the 1,512
persons are parties to an action pending in the division, who 1,513
request the services. 1,514
(Y) In Auglaize county, the judge of the probate and 1,516
juvenile divisions of the Auglaize county court of common pleas 1,517
also shall be the administrative judge of the domestic relations 1,518
division of the court and shall be assigned all divorce, 1,520
dissolution of marriage, legal separation, and annulment cases 1,521
coming before the court. The judge shall have all powers as 1,522
administrator of the domestic relations division and shall have 1,523
charge of the personnel engaged in handling, servicing, or 1,524
investigating divorce, dissolution of marriage, legal separation, 1,525
and annulment cases, including any referees considered necessary 1,526
for the discharge of the judge's various duties. 1,527
(Z)(1) IN MARION COUNTY, THE JUDGE OF THE COURT OF COMMON 1,530
PLEAS WHOSE TERM BEGINS ON FEBRUARY 9, 1999, AND THE SUCCESSORS 1,531
TO THAT JUDGE, SHALL HAVE THE SAME QUALIFICATIONS, EXERCISE THE 1,532
SAME POWERS AND JURISDICTION, AND RECEIVE THE SAME COMPENSATION
AS THE OTHER JUDGES OF THE COURT OF COMMON PLEAS OF MARION COUNTY 1,535
AND SHALL BE ELECTED AND DESIGNATED AS JUDGE OF THE COURT OF 1,536
COMMON PLEAS, DOMESTIC RELATIONS-JUVENILE-PROBATE DIVISION. 1,537
EXCEPT AS OTHERWISE SPECIFIED IN THIS DIVISION, THAT JUDGE, AND 1,538
THE SUCCESSORS TO THAT JUDGE, SHALL HAVE ALL THE POWERS RELATING 1,539
TO JUVENILE COURTS, AND ALL CASES UNDER CHAPTER 2151. OF THE 1,541
REVISED CODE, ALL CASES ARISING UNDER CHAPTER 3111. OF THE 1,543
REVISED CODE, ALL DIVORCE, DISSOLUTION OF MARRIAGE, LEGAL 1,544
SEPARATION, AND ANNULMENT CASES, ALL PROCEEDINGS INVOLVING CHILD 1,545
SUPPORT, THE ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES 1,546
FOR THE CARE OF CHILDREN AND THE DESIGNATION FOR THE CHILDREN OF 1,547
A PLACE OF RESIDENCE AND LEGAL CUSTODIAN, AND VISITATION, AND ALL
POST-DECREE PROCEEDINGS AND MATTERS ARISING FROM THOSE CASES AND 1,548
PROCEEDINGS SHALL BE ASSIGNED TO THAT JUDGE AND THE SUCCESSORS TO 1,549
THAT JUDGE. EXCEPT AS PROVIDED IN DIVISION (Z)(2) OF THIS 1,550
SECTION AND NOTWITHSTANDING ANY OTHER PROVISION OF ANY SECTION OF 1,551
40
THE REVISED CODE, ON AND AFTER FEBRUARY 9, 2003, THE JUDGE OF THE 1,554
COURT OF COMMON PLEAS OF MARION COUNTY WHOSE TERM BEGINS ON 1,555
FEBRUARY 9, 1999, AND THE SUCCESSORS TO THAT JUDGE, SHALL HAVE 1,556
ALL THE POWERS RELATING TO THE PROBATE DIVISION OF THE COURT OF 1,557
COMMON PLEAS OF MARION COUNTY IN ADDITION TO THE POWERS 1,558
PREVIOUSLY SPECIFIED IN THIS DIVISION, AND SHALL EXERCISE 1,559
CONCURRENT JURISDICTION WITH THE JUDGE OF THE PROBATE DIVISION OF 1,560
THAT COURT OVER ALL MATTERS THAT ARE WITHIN THE JURISDICTION OF 1,561
THE PROBATE DIVISION OF THAT COURT UNDER CHAPTER 2101., AND OTHER 1,562
PROVISIONS, OF THE REVISED CODE IN ADDITION TO THE JURISDICTION 1,563
OF THE DOMESTIC RELATIONS-JUVENILE-PROBATE DIVISION OF THAT COURT 1,564
OTHERWISE SPECIFIED IN DIVISION (Z)(1) OF THIS SECTION. 1,565
(2) THE JUDGE OF THE DOMESTIC RELATIONS-JUVENILE-PROBATE 1,567
DIVISION OF THE COURT OF COMMON PLEAS OF MARION COUNTY OR THE 1,568
JUDGE OF THE PROBATE DIVISION OF THE COURT OF COMMON PLEAS OF 1,570
MARION COUNTY, WHICHEVER OF THOSE JUDGES IS SENIOR IN TOTAL 1,571
LENGTH OF SERVICE ON THE COURT OF COMMON PLEAS OF MARION COUNTY, 1,572
REGARDLESS OF THE DIVISION OR DIVISIONS OF SERVICE, SHALL SERVE 1,573
AS THE CLERK OF THE PROBATE DIVISION OF THE COURT OF COMMON PLEAS 1,574
OF MARION COUNTY.
(3) ON AND AFTER FEBRUARY 9, 2003, ALL REFERENCES IN LAW 1,577
TO "THE PROBATE COURT," "THE PROBATE JUDGE," "THE JUVENILE
COURT," OR "THE JUDGE OF THE JUVENILE COURT" SHALL BE CONSTRUED, 1,578
WITH RESPECT TO MARION COUNTY, AS BEING REFERENCES TO BOTH "THE 1,580
PROBATE DIVISION" AND "THE DOMESTIC RELATIONS-JUVENILE-PROBATE
DIVISION" AND AS BEING REFERENCES TO BOTH "THE JUDGE OF THE 1,581
PROBATE DIVISION" AND "THE JUDGE OF THE DOMESTIC RELATIONS- 1,582
JUVENILE-PROBATE DIVISION." ON AND AFTER FEBRUARY 9, 2003, ALL 1,583
REFERENCES IN LAW TO "THE CLERK OF THE PROBATE COURT" SHALL BE 1,584
CONSTRUED, WITH RESPECT TO MARION COUNTY, AS BEING REFERENCES TO 1,585
THE JUDGE WHO IS SERVING PURSUANT TO DIVISION (Z)(2) OF THIS 1,587
SECTION AS THE CLERK OF THE PROBATE DIVISION OF THE COURT OF 1,588
COMMON PLEAS OF MARION COUNTY. 1,589
(AA) If a judge of the court of common pleas, division of 1,591
41
domestic relations, or juvenile judge, of any of the counties 1,592
mentioned in this section is sick, absent, or unable to perform 1,593
that judge's judicial duties or the volume of cases pending in 1,595
the judge's division necessitates it, the duties of that judge 1,597
shall be performed by another judge of the court of common pleas 1,598
of that county, assigned for that purpose by the presiding judge 1,599
of the court of common pleas of that county to act in place of or 1,600
in conjunction with that judge, as the case may require. 1,601
Section 2. That existing sections 2301.02 and 2301.03 of 1,603
the Revised Code are hereby repealed. 1,604
Section 3. Notwithstanding sections 3513.05 and 3513.257 1,606
of the Revised Code, each person desiring to become a candidate 1,607
at the general election to be held on November 3, 1998, for 1,608
election to either of the new judgeships of the Lorain County 1,609
Court of Common Pleas that are created by this act and that are 1,610
to be elected in 1998, shall file a nominating petition and 1,612
statement of candidacy, as provided in section 3513.261 of the 1,613
Revised Code, not later than four p.m. on August 20, 1998. 1,615
Notwithstanding section 3513.257 of the Revised Code, the
nominating petition of each candidate for either of those new 1,616
judgeships shall contain a minimum of seven hundred fifty 1,618
signatures of qualified electors of Lorain County, except that no 1,619
nominating petition shall be accepted for filing or filed if the
petition appears on its face to contain or is known to contain 1,620
signatures aggregating in number more than one thousand five 1,621
hundred. The nominating petitions of candidates for those new 1,622
judgeships shall be processed as set forth in section 3513.263 of 1,624
the Revised Code. The names of the candidates, whose petition 1,625
papers shall be determined by the board with which the petitions
were filed to be valid, shall be printed on the ballot as set 1,626
forth in section 3505.04 of the Revised Code. 1,627
Section 4. This act is hereby declared to be an emergency 1,629
measure necessary for the immediate preservation of the public 1,630
peace, health, and safety. The reason for this necessity is that 1,631
42
it is crucial that this act be enacted into law at the earliest 1,632
possible time to enable candidates for the new judicial position 1,633
in the Marion County Court of Common Pleas that is created by
this act to timely file their declarations of candidacy and 1,635
statements of candidacy and nominating petitions. Therefore, 1,636
this act shall go into immediate effect.