As Introduced 1 122nd General Assembly 4 Regular Session H. B. No. 463 5 1997-1998 6 REPRESENTATIVES MASON-THOMAS-SALERNO-MEAD-TIBERI 8 10 A B I L L To amend section 1901.08 of the Revised Code to 12 create one additional judge for the Franklin 13 County Municipal Court and to declare an 14 emergency. 15 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17 Section 1. That section 1901.08 of the Revised Code be 19 amended to read as follows: 20 Sec. 1901.08. The number of, and the time for election of, 29 judges of the following municipal courts and the beginning of 30 their terms shall be as follows: 31 In the Akron municipal court, two full-time judges shall be 33 elected in 1951, two full-time judges shall be elected in 1953, 34 one full-time judge shall be elected in 1967, and one full-time 35 judge shall be elected in 1975. 36 In the Alliance municipal court, one full-time judge shall 38 be elected in 1953. 39 In the Ashland municipal court, one full-time judge shall 41 be elected in 1951. 42 In the Ashtabula municipal court, one full-time judge shall 44 be elected in 1953. 45 In the Athens county municipal court, one full-time judge 47 shall be elected in 1967. 48 In the Auglaize county municipal court, one full-time judge 50 shall be elected in 1975. 51 In the Avon Lake municipal court, one part-time judge shall 53 be elected in 1957. 54 2 In the Barberton municipal court, one full-time judge shall 56 be elected in 1969, and one full-time judge shall be elected in 57 1971. 58 In the Bedford municipal court, one full-time judge shall 60 be elected in 1975, and one full-time judge shall be elected in 61 1979. 62 In the Bellefontaine municipal court, one full-time judge 64 shall be elected in 1993. 65 In the Bellevue municipal court, one part-time judge shall 67 be elected in 1951. 68 In the Berea municipal court, one part-time judge shall be 70 elected in 1957,histerm to commence on the first day of January 71 next afterhiselection, and one part-time judge shall be elected 72 in 1981,histerm to commence on the second day of January next 73 afterhiselection. The part-time judge elected in 1987 whose 74 term commenced on January 1, 1988, shall serve until December 31, 75 1993, and the office of that judge is abolished, effective on the 76 earlier of December 31, 1993, or the date on which that judge 77 resigns, retires, or otherwise vacateshisjudicial office. 78 In the Bowling Green municipal court, one full-time judge 80 shall be elected in 1983. 81 In the Bryan municipal court, one full-time judge shall be 83 elected in 1965. 84 In the Cambridge municipal court, one full-time judge shall 86 be elected in 1951. 87 In the Campbell municipal court, one part-time judge shall 89 be elected in 1963. 90 In the Canton municipal court, one full-time judge shall be 92 elected in 1951, one full-time judge shall be elected in 1969, 93 and two full-time judges shall be elected in 1977. 94 In the Celina municipal court, one full-time judge shall be 96 elected in 1957. 97 In the Champaign county municipal court, one part-time 99 judge shall be elected in 1983. 100 3 In the Chardon municipal court, one part-time judge shall 102 be elected in 1963. 103 In the Chillicothe municipal court, one full-time judge 105 shall be elected in 1951, and one full-time judge shall be 106 elected in 1977. 107 In the Circleville municipal court, one full-time judge 109 shall be elected in 1953. 110 In the Clark county municipal court, one full-time judge 112 shall be elected in 1989, and two full-time judges shall be 113 elected in 1991. The full-time judges of the Springfield 114 municipal court who were elected in 1983 and 1985 shall serve as 115 the judges of the Clark county municipal court from January 1, 116 1988, until the end of their respective terms. 117 In the Clermont county municipal court, two full-time 119 judges shall be elected in 1991. 120 In the Cleveland municipal court, six full-time judges 122 shall be elected in 1975, three full-time judges shall be elected 123 in 1953, and four full-time judges shall be elected in 1955. 124 In the Cleveland Heights municipal court, one full-time 126 judge shall be elected in 1957. 127 In the Clinton county municipal court, one full-time judge 129 shall be elected in 1997. The full-time judge of the Wilmington 130 municipal court who was elected in 1991 shall serve as the judge 131 of the Clinton county municipal court from July 1, 1992, until 132 the end ofhisTHAT JUDGE'S term on December 31, 1997. 133 In the Conneaut municipal court, one full-time judge shall 135 be elected in 1953. 136 In the Coshocton municipal court, one full-time judge shall 138 be elected in 1951. 139 In the Crawford county municipal court, one full-time judge 141 shall be elected in 1977. 142 In the Cuyahoga Falls municipal court, one full-time judge 144 shall be elected in 1953, and one full-time judge shall be 145 elected in 1967. 146 4 In the Dayton municipal court, three full-time judges shall 148 be elected in 1987, their terms to commence on successive days 149 beginning on the first day of January next after their election, 150 and two full-time judges shall be elected in 1955, their terms to 151 commence on successive days beginning on the second day of 152 January next after their election. 153 In the Defiance municipal court, one full-time judge shall 155 be elected in 1957. 156 In the Delaware municipal court, one full-time judge shall 158 be elected in 1953. 159 In the East Cleveland municipal court, one full-time judge 161 shall be elected in 1957. 162 In the East Liverpool municipal court, one full-time judge 164 shall be elected in 1953. 165 In the Eaton municipal court, one full-time judge shall be 167 elected in 1973. 168 In the Elyria municipal court, one full-time judge shall be 170 elected in 1955, and one full-time judge shall be elected in 171 1973. 172 In the Euclid municipal court, one full-time judge shall be 174 elected in 1951. 175 In the Fairborn municipal court, one full-time judge shall 177 be elected in 1977. 178 In the Fairfield municipal court, one full-time judge shall 180 be elected in 1989. 181 In the Findlay municipal court, one full-time judge shall 183 be elected in 1955, and one full-time judge shall be elected in 184 1993. 185 In the Fostoria municipal court, one full-time judge shall 187 be elected in 1975. 188 In the Franklin municipal court, one part-time judge shall 190 be elected in 1951. 191 In the Franklin county municipal court, two full-time 193 judges shall be elected in 1969, three full-time judges shall be 194 5 elected in 1971, seven full-time judges shall be elected in 1967, 195 one full-time judge shall be elected in 1975,andone full-time 196 judge shall be elected in 1991, AND ONE FULL-TIME JUDGE SHALL BE 197 ELECTED IN 1997. 198 In the Fremont municipal court, one full-time judge shall 200 be elected in 1975. 201 In the Gallipolis municipal court, one full-time judge 203 shall be elected in 1981. 204 In the Garfield Heights municipal court, one full-time 206 judge shall be elected in 1951, and one full-time judge shall be 207 elected in 1981. 208 In the Girard municipal court, one full-time judge shall be 210 elected in 1963. 211 In the Hamilton municipal court, one full-time judge shall 213 be elected in 1953. 214 In the Hamilton county municipal court, five full-time 216 judges shall be elected in 1967, five full-time judges shall be 217 elected in 1971, two full-time judges shall be elected in 1981, 218 and two full-time judges shall be elected in 1983. All terms of 219 judges of the Hamilton county municipal court shall commence on 220 the first day of January next after their election, except that 221 the terms of the additional judges to be elected in 1981 shall 222 commence on January 2, 1982, and January 3, 1982, and that the 223 terms of the additional judges to be elected in 1983 shall 224 commence on January 4, 1984, and January 5, 1984. 225 In the Hardin county municipal court, one part-time judge 227 shall be elected in 1989. 228 In the Hillsboro municipal court, one part-time judge shall 230 be elected in 1957. 231 In the Hocking county municipal court, one full-time judge 233 shall be elected in 1977. 234 In the Huron municipal court, one part-time judge shall be 236 elected in 1967. 237 In the Ironton municipal court, one full-time judge shall 239 6 be elected in 1951. 240 In the Jackson county municipal court, one part-time judge 242 shall be elected in 1977. 243 In the Kettering municipal court, one full-time judge shall 245 be elected in 1971, and one full-time judge shall be elected in 246 1975. 247 In the Lakewood municipal court, one full-time judge shall 249 be elected in 1955. 250 In the Lancaster municipal court, one full-time judge shall 252 be elected in 1951, and one full-time judge shall be elected in 253 1979. 254 In the Lawrence county municipal court, one part-time judge 256 shall be elected in 1981. 257 In the Lebanon municipal court, one part-time judge shall 259 be elected in 1955. 260 In the Licking county municipal court, one full-time judge 262 shall be elected in 1951, and one full-time judge shall be 263 elected in 1971. 264 In the Lima municipal court, one full-time judge shall be 266 elected in 1951, and one full-time judge shall be elected in 267 1967. 268 In the Lorain municipal court, one full-time judge shall be 270 elected in 1953, and one full-time judge shall be elected in 271 1973. 272 In the Lyndhurst municipal court, one part-time judge shall 274 be elected in 1957. 275 In the Madison county municipal court, one full-time judge 277 shall be elected in 1981. 278 In the Mansfield municipal court, one full-time judge shall 280 be elected in 1951, and one full-time judge shall be elected in 281 1969. 282 In the Marietta municipal court, one full-time judge shall 284 be elected in 1957. 285 In the Marion municipal court, one full-time judge shall be 287 7 elected in 1951. 288 In the Marysville municipal court, one part-time judge 290 shall be elected in 1963. 291 In the Mason municipal court, one part-time judge shall be 293 elected in 1965. 294 In the Massillon municipal court, one full-time judge shall 296 be elected in 1953, and one full-time judge shall be elected in 297 1971. 298 In the Maumee municipal court, one full-time judge shall be 300 elected in 1963. 301 In the Medina municipal court, one full-time judge shall be 303 elected in 1957. 304 In the Mentor municipal court, one full-time judge shall be 306 elected in 1971. 307 In the Miami county municipal court, one full-time judge 309 shall be elected in 1975, and one full-time judge shall be 310 elected in 1979. 311 In the Miamisburg municipal court, one part-time judge 313 shall be elected in 1951. 314 In the Middletown municipal court, one full-time judge 316 shall be elected in 1953. 317 In the Mount Vernon municipal court, one full-time judge 319 shall be elected in 1951. 320 In the Napoleon municipal court, one part-time judge shall 322 be elected in 1963. 323 In the New Philadelphia municipal court, one full-time 325 judge shall be elected in 1975. 326 In the Newton Falls municipal court, one full-time judge 328 shall be elected in 1963. 329 In the Niles municipal court, one full-time judge shall be 331 elected in 1951. 332 In the Norwalk municipal court, one full-time judge shall 334 be elected in 1975. 335 In the Oakwood municipal court, one part-time judge shall 337 8 be elected in 1953. 338 In the Oberlin municipal court, one full-time judge shall 340 be elected in 1989. 341 In the Oregon municipal court, one full-time judge shall be 343 elected in 1963. 344 In the Ottawa county municipal court, one full-time judge 346 shall be elected in 1995, and the full-time judge of the Port 347 Clinton municipal court who is elected in 1989 shall serve as the 348 judge of the Ottawa county municipal court fromthe effective349date of this amendmentFEBRUARY 4, 1994, until the end ofhis350 THAT JUDGE'S term. In the Painesville municipal court, one full-time judge 352 shall be elected in 1951. 353 In the Parma municipal court, one full-time judge shall be 355 elected in 1951, one full-time judge shall be elected in 1967, 356 and one full-time judge shall be elected in 1971. 357 In the Perrysburg municipal court, one full-time judge 359 shall be elected in 1977. 360 In the Portage county municipal court, two full-time judges 362 shall be elected in 1979, and one full-time judge shall be 363 elected in 1971. 364 In the Port Clinton municipal court, one full-time judge 366 shall be elected in 1953. The full-time judge of the Port 367 Clinton municipal court who is elected in 1989 shall serve as the 368 judge of the Ottawa county municipal court fromthe effective369date of this amendmentFEBRUARY 4, 1994, until the end ofhis370 THAT JUDGE'S term. 371 In the Portsmouth municipal court, one full-time judge 373 shall be elected in 1951, and one full-time judge shall be 374 elected in 1985. 375 In the Rocky River municipal court, one full-time judge 377 shall be elected in 1957, and one full-time judge shall be 378 elected in 1971. 379 In the Sandusky municipal court, one full-time judge shall 381 9 be elected in 1953. 382 In the Shaker Heights municipal court, one full-time judge 384 shall be elected in 1957. 385 In the Shelby municipal court, one part-time judge shall be 387 elected in 1957. 388 In the Sidney municipal court, one full-time judge shall be 390 elected in 1995. 391 In the South Euclid municipal court, one part-time judge 393 shall be elected in 1951. 394 In the Springfield municipal court, two full-time judges 396 shall be elected in 1985, and one full-time judge shall be 397 elected in 1983, all of whom shall serve as the judges of the 398 Springfield municipal court through December 31, 1987, and as the 399 judges of the Clark county municipal court from January 1, 1988, 400 until the end of their respective terms. 401 In the Steubenville municipal court, one full-time judge 403 shall be elected in 1953. 404 In the Struthers municipal court, one part-time judge shall 406 be elected in 1963. 407 In the Sylvania municipal court, one full-time judge shall 409 be elected in 1963. 410 In the Tiffin municipal court, one full-time judge shall be 412 elected in 1953. 413 In the Toledo municipal court, two full-time judges shall 415 be elected in 1971, four full-time judges shall be elected in 416 1975, and one full-time judge shall be elected in 1973. 417 In the Upper Sandusky municipal court, one part-time judge 419 shall be elected in 1957. 420 In the Vandalia municipal court, one full-time judge shall 422 be elected in 1959. 423 In the Van Wert municipal court, one full-time judge shall 425 be elected in 1957. 426 In the Vermilion municipal court, one part-time judge shall 428 be elected in 1965. 429 10 In the Wadsworth municipal court, one full-time judge shall 431 be elected in 1981. 432 In the Warren municipal court, one full-time judge shall be 434 elected in 1951, and one full-time judge shall be elected in 435 1971. 436 In the Washington Court House municipal court, one 438 part-time judge shall be elected in 1951. 439 In the Wayne county municipal court, one full-time judge 441 shall be elected in 1975, and one full-time judge shall be 442 elected in 1979. 443 In the Willoughby municipal court, one full-time judge 445 shall be elected in 1951. 446 In the Wilmington municipal court, one full-time judge 448 shall be elected in 1991, who shall serve as the judge of the 449 Wilmington municipal court through June 30, 1992, and as the 450 judge of the Clinton county municipal court from July 1, 1992, 451 until the end ofhisTHAT JUDGE'S term on December 31, 1997. 452 In the Xenia municipal court, one full-time judge shall be 454 elected in 1977. 455 In the Youngstown municipal court, one full-time judge 457 shall be elected in 1951, and two full-time judges shall be 458 elected in 1953. 459 In the Zanesville municipal court, one full-time judge 461 shall be elected in 1953. 462 Section 2. That existing section 1901.08 of the Revised 464 Code is hereby repealed. 465 Section 3. The nomination of the new municipal court judge 467 of the Franklin County Municipal Court who is created by this act 468 and is to be elected in 1997 shall be by nominating petition that 469 is signed by at least one thousand electors, that is filed with 470 the board of elections, and that otherwise conforms to the 471 provisions of section 3513.261 of the Revised Code. The 472 nominating petition shall designate the term of the office to 473 which the candidate seeks election as provided in section 3513.28 475 11 of the Revised Code. Notwithstanding section 1901.07 of the 476 Revised Code or any other provision of law, the nominating petition shall be filed not later than four p.m. on September 1, 477 1997. 478 Notwithstanding section 3513.04 of the Revised Code, no 480 person is prohibited from seeking election as a new judge created 481 by this act because the person sought, by declaration of 482 candidacy, a party nomination for an office or position at the 483 May 1997, primary election. 484 Section 4. This act is hereby declared to be an emergency 486 measure necessary for the immediate preservation of the public 487 peace, health, and safety. The reason for this necessity is the 488 fact that the new judge created by this act is seriously needed 489 for the efficient and timely administration of justice in 490 Franklin county and in this state, and if the new judge is not 491 elected in 1997, the new judge otherwise cannot conveniently be 492 made available for service for an additional two years, which 493 would prolong delay, crowded court dockets, and inefficient 494 administration of justice. Therefore, this act shall go into 495 immediate effect. 496