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, his term to commence on the first day of January  71           

next after his election, and one part-time judge shall be elected  72           

in 1981, his term to commence on the second day of January next    73           

after his election.  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 vacates his judicial 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 of his THAT 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, and one 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 from the effective      349          

date of this amendment FEBRUARY 4, 1994, until the end of his      350          

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 from the effective      369          

date of this amendment FEBRUARY 4, 1994, until the end of his      370          

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 of his THAT 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