As Reported by the House Criminal Justice Committee         1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 463   5            

      1997-1998                                                    6            


 REPRESENTATIVES MASON-THOMAS-SALERNO-MEAD-TIBERI-GARCIA-MYERS-    8            

                           TAYLOR-FORD                             9            


                                                                   11           

                           A   B I L L                                          

             To amend section 1901.08 of the Revised Code to       13           

                create one additional judge for the Franklin       14           

                County Municipal Court and to declare an           15           

                emergency.                                         16           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        18           

      Section 1.  That section 1901.08 of the Revised Code be      20           

amended to read as follows:                                        21           

      Sec. 1901.08.  The number of, and the time for election of,  30           

judges of the following municipal courts and the beginning of      31           

their terms shall be as follows:                                   32           

      In the Akron municipal court, two full-time judges shall be  34           

elected in 1951, two full-time judges shall be elected in 1953,    35           

one full-time judge shall be elected in 1967, and one full-time    36           

judge shall be elected in 1975.                                    37           

      In the Alliance municipal court, one full-time judge shall   39           

be elected in 1953.                                                40           

      In the Ashland municipal court, one full-time judge shall    42           

be elected in 1951.                                                43           

      In the Ashtabula municipal court, one full-time judge shall  45           

be elected in 1953.                                                46           

      In the Athens county municipal court, one full-time judge    48           

shall be elected in 1967.                                          49           

      In the Auglaize county municipal court, one full-time judge  51           

shall be elected in 1975.                                          52           

      In the Avon Lake municipal court, one part-time judge shall  54           

                                                          2      

                                                                 
be elected in 1957.                                                55           

      In the Barberton municipal court, one full-time judge shall  57           

be elected in 1969, and one full-time judge shall be elected in    58           

1971.                                                              59           

      In the Bedford municipal court, one full-time judge shall    61           

be elected in 1975, and one full-time judge shall be elected in    62           

1979.                                                              63           

      In the Bellefontaine municipal court, one full-time judge    65           

shall be elected in 1993.                                          66           

      In the Bellevue municipal court, one part-time judge shall   68           

be elected in 1951.                                                69           

      In the Berea municipal court, one part-time judge shall be   71           

elected in 1957, his term to commence on the first day of January  72           

next after his election, and one part-time judge shall be elected  73           

in 1981, his term to commence on the second day of January next    74           

after his election.  The part-time judge elected in 1987 whose     75           

term commenced on January 1, 1988, shall serve until December 31,  76           

1993, and the office of that judge is abolished, effective on the  77           

earlier of December 31, 1993, or the date on which that judge      78           

resigns, retires, or otherwise vacates his judicial office.        79           

      In the Bowling Green municipal court, one full-time judge    81           

shall be elected in 1983.                                          82           

      In the Bryan municipal court, one full-time judge shall be   84           

elected in 1965.                                                   85           

      In the Cambridge municipal court, one full-time judge shall  87           

be elected in 1951.                                                88           

      In the Campbell municipal court, one part-time judge shall   90           

be elected in 1963.                                                91           

      In the Canton municipal court, one full-time judge shall be  93           

elected in 1951, one full-time judge shall be elected in 1969,     94           

and two full-time judges shall be elected in 1977.                 95           

      In the Celina municipal court, one full-time judge shall be  97           

elected in 1957.                                                   98           

      In the Champaign county municipal court, one part-time       100          

                                                          3      

                                                                 
judge shall be elected in 1983.                                    101          

      In the Chardon municipal court, one part-time judge shall    103          

be elected in 1963.                                                104          

      In the Chillicothe municipal court, one full-time judge      106          

shall be elected in 1951, and one full-time judge shall be         107          

elected in 1977.                                                   108          

      In the Circleville municipal court, one full-time judge      110          

shall be elected in 1953.                                          111          

      In the Clark county municipal court, one full-time judge     113          

shall be elected in 1989, and two full-time judges shall be        114          

elected in 1991.  The full-time judges of the Springfield          115          

municipal court who were elected in 1983 and 1985 shall serve as   116          

the judges of the Clark county municipal court from January 1,     117          

1988, until the end of their respective terms.                     118          

      In the Clermont county municipal court, two full-time        120          

judges shall be elected in 1991.                                   121          

      In the Cleveland municipal court, six full-time judges       123          

shall be elected in 1975, three full-time judges shall be elected  124          

in 1953, and four full-time judges shall be elected in 1955.       125          

      In the Cleveland Heights municipal court, one full-time      127          

judge shall be elected in 1957.                                    128          

      In the Clinton county municipal court, one full-time judge   130          

shall be elected in 1997.  The full-time judge of the Wilmington   131          

municipal court who was elected in 1991 shall serve as the judge   132          

of the Clinton county municipal court from July 1, 1992, until     133          

the end of his THAT JUDGE'S term on December 31, 1997.             134          

      In the Conneaut municipal court, one full-time judge shall   136          

be elected in 1953.                                                137          

      In the Coshocton municipal court, one full-time judge shall  139          

be elected in 1951.                                                140          

      In the Crawford county municipal court, one full-time judge  142          

shall be elected in 1977.                                          143          

      In the Cuyahoga Falls municipal court, one full-time judge   145          

shall be elected in 1953, and one full-time judge shall be         146          

                                                          4      

                                                                 
elected in 1967.                                                   147          

      In the Dayton municipal court, three full-time judges shall  149          

be elected in 1987, their terms to commence on successive days     150          

beginning on the first day of January next after their election,   151          

and two full-time judges shall be elected in 1955, their terms to  152          

commence on successive days beginning on the second day of         153          

January next after their election.                                 154          

      In the Defiance municipal court, one full-time judge shall   156          

be elected in 1957.                                                157          

      In the Delaware municipal court, one full-time judge shall   159          

be elected in 1953.                                                160          

      In the East Cleveland municipal court, one full-time judge   162          

shall be elected in 1957.                                          163          

      In the East Liverpool municipal court, one full-time judge   165          

shall be elected in 1953.                                          166          

      In the Eaton municipal court, one full-time judge shall be   168          

elected in 1973.                                                   169          

      In the Elyria municipal court, one full-time judge shall be  171          

elected in 1955, and one full-time judge shall be elected in       172          

1973.                                                              173          

      In the Euclid municipal court, one full-time judge shall be  175          

elected in 1951.                                                   176          

      In the Fairborn municipal court, one full-time judge shall   178          

be elected in 1977.                                                179          

      In the Fairfield municipal court, one full-time judge shall  181          

be elected in 1989.                                                182          

      In the Findlay municipal court, one full-time judge shall    184          

be elected in 1955, and one full-time judge shall be elected in    185          

1993.                                                              186          

      In the Fostoria municipal court, one full-time judge shall   188          

be elected in 1975.                                                189          

      In the Franklin municipal court, one part-time judge shall   191          

be elected in 1951.                                                192          

      In the Franklin county municipal court, two full-time        194          

                                                          5      

                                                                 
judges shall be elected in 1969, three full-time judges shall be   195          

elected in 1971, seven full-time judges shall be elected in 1967,  196          

one full-time judge shall be elected in 1975, and one full-time    197          

judge shall be elected in 1991, AND ONE FULL-TIME JUDGE SHALL BE   198          

ELECTED IN 1997.                                                   199          

      In the Fremont municipal court, one full-time judge shall    201          

be elected in 1975.                                                202          

      In the Gallipolis municipal court, one full-time judge       204          

shall be elected in 1981.                                          205          

      In the Garfield Heights municipal court, one full-time       207          

judge shall be elected in 1951, and one full-time judge shall be   208          

elected in 1981.                                                   209          

      In the Girard municipal court, one full-time judge shall be  211          

elected in 1963.                                                   212          

      In the Hamilton municipal court, one full-time judge shall   214          

be elected in 1953.                                                215          

      In the Hamilton county municipal court, five full-time       217          

judges shall be elected in 1967, five full-time judges shall be    218          

elected in 1971, two full-time judges shall be elected in 1981,    219          

and two full-time judges shall be elected in 1983.  All terms of   220          

judges of the Hamilton county municipal court shall commence on    221          

the first day of January next after their election, except that    222          

the terms of the additional judges to be elected in 1981 shall     223          

commence on January 2, 1982, and January 3, 1982, and that the     224          

terms of the additional judges to be elected in 1983 shall         225          

commence on January 4, 1984, and January 5, 1984.                  226          

      In the Hardin county municipal court, one part-time judge    228          

shall be elected in 1989.                                          229          

      In the Hillsboro municipal court, one part-time judge shall  231          

be elected in 1957.                                                232          

      In the Hocking county municipal court, one full-time judge   234          

shall be elected in 1977.                                          235          

      In the Huron municipal court, one part-time judge shall be   237          

elected in 1967.                                                   238          

                                                          6      

                                                                 
      In the Ironton municipal court, one full-time judge shall    240          

be elected in 1951.                                                241          

      In the Jackson county municipal court, one part-time judge   243          

shall be elected in 1977.                                          244          

      In the Kettering municipal court, one full-time judge shall  246          

be elected in 1971, and one full-time judge shall be elected in    247          

1975.                                                              248          

      In the Lakewood municipal court, one full-time judge shall   250          

be elected in 1955.                                                251          

      In the Lancaster municipal court, one full-time judge shall  253          

be elected in 1951, and one full-time judge shall be elected in    254          

1979.                                                              255          

      In the Lawrence county municipal court, one part-time judge  257          

shall be elected in 1981.                                          258          

      In the Lebanon municipal court, one part-time judge shall    260          

be elected in 1955.                                                261          

      In the Licking county municipal court, one full-time judge   263          

shall be elected in 1951, and one full-time judge shall be         264          

elected in 1971.                                                   265          

      In the Lima municipal court, one full-time judge shall be    267          

elected in 1951, and one full-time judge shall be elected in       268          

1967.                                                              269          

      In the Lorain municipal court, one full-time judge shall be  271          

elected in 1953, and one full-time judge shall be elected in       272          

1973.                                                              273          

      In the Lyndhurst municipal court, one part-time judge shall  275          

be elected in 1957.                                                276          

      In the Madison county municipal court, one full-time judge   278          

shall be elected in 1981.                                          279          

      In the Mansfield municipal court, one full-time judge shall  281          

be elected in 1951, and one full-time judge shall be elected in    282          

1969.                                                              283          

      In the Marietta municipal court, one full-time judge shall   285          

be elected in 1957.                                                286          

                                                          7      

                                                                 
      In the Marion municipal court, one full-time judge shall be  288          

elected in 1951.                                                   289          

      In the Marysville municipal court, one part-time judge       291          

shall be elected in 1963.                                          292          

      In the Mason municipal court, one part-time judge shall be   294          

elected in 1965.                                                   295          

      In the Massillon municipal court, one full-time judge shall  297          

be elected in 1953, and one full-time judge shall be elected in    298          

1971.                                                              299          

      In the Maumee municipal court, one full-time judge shall be  301          

elected in 1963.                                                   302          

      In the Medina municipal court, one full-time judge shall be  304          

elected in 1957.                                                   305          

      In the Mentor municipal court, one full-time judge shall be  307          

elected in 1971.                                                   308          

      In the Miami county municipal court, one full-time judge     310          

shall be elected in 1975, and one full-time judge shall be         311          

elected in 1979.                                                   312          

      In the Miamisburg municipal court, one part-time judge       314          

shall be elected in 1951.                                          315          

      In the Middletown municipal court, one full-time judge       317          

shall be elected in 1953.                                          318          

      In the Mount Vernon municipal court, one full-time judge     320          

shall be elected in 1951.                                          321          

      In the Napoleon municipal court, one part-time judge shall   323          

be elected in 1963.                                                324          

      In the New Philadelphia municipal court, one full-time       326          

judge shall be elected in 1975.                                    327          

      In the Newton Falls municipal court, one full-time judge     329          

shall be elected in 1963.                                          330          

      In the Niles municipal court, one full-time judge shall be   332          

elected in 1951.                                                   333          

      In the Norwalk municipal court, one full-time judge shall    335          

be elected in 1975.                                                336          

                                                          8      

                                                                 
      In the Oakwood municipal court, one part-time judge shall    338          

be elected in 1953.                                                339          

      In the Oberlin municipal court, one full-time judge shall    341          

be elected in 1989.                                                342          

      In the Oregon municipal court, one full-time judge shall be  344          

elected in 1963.                                                   345          

      In the Ottawa county municipal court, one full-time judge    347          

shall be elected in 1995, and the full-time judge of the Port      348          

Clinton municipal court who is elected in 1989 shall serve as the  349          

judge of the Ottawa county municipal court from the effective      350          

date of this amendment FEBRUARY 4, 1994, until the end of his      351          

THAT JUDGE'S term.                                                              

      In the Painesville municipal court, one full-time judge      353          

shall be elected in 1951.                                          354          

      In the Parma municipal court, one full-time judge shall be   356          

elected in 1951, one full-time judge shall be elected in 1967,     357          

and one full-time judge shall be elected in 1971.                  358          

      In the Perrysburg municipal court, one full-time judge       360          

shall be elected in 1977.                                          361          

      In the Portage county municipal court, two full-time judges  363          

shall be elected in 1979, and one full-time judge shall be         364          

elected in 1971.                                                   365          

      In the Port Clinton municipal court, one full-time judge     367          

shall be elected in 1953.  The full-time judge of the Port         368          

Clinton municipal court who is elected in 1989 shall serve as the  369          

judge of the Ottawa county municipal court from the effective      370          

date of this amendment FEBRUARY 4, 1994, until the end of his      371          

THAT JUDGE'S term.                                                 372          

      In the Portsmouth municipal court, one full-time judge       374          

shall be elected in 1951, and one full-time judge shall be         375          

elected in 1985.                                                   376          

      In the Rocky River municipal court, one full-time judge      378          

shall be elected in 1957, and one full-time judge shall be         379          

elected in 1971.                                                   380          

                                                          9      

                                                                 
      In the Sandusky municipal court, one full-time judge shall   382          

be elected in 1953.                                                383          

      In the Shaker Heights municipal court, one full-time judge   385          

shall be elected in 1957.                                          386          

      In the Shelby municipal court, one part-time judge shall be  388          

elected in 1957.                                                   389          

      In the Sidney municipal court, one full-time judge shall be  391          

elected in 1995.                                                   392          

      In the South Euclid municipal court, one part-time judge     394          

shall be elected in 1951.                                          395          

      In the Springfield municipal court, two full-time judges     397          

shall be elected in 1985, and one full-time judge shall be         398          

elected in 1983, all of whom shall serve as the judges of the      399          

Springfield municipal court through December 31, 1987, and as the  400          

judges of the Clark county municipal court from January 1, 1988,   401          

until the end of their respective terms.                           402          

      In the Steubenville municipal court, one full-time judge     404          

shall be elected in 1953.                                          405          

      In the Struthers municipal court, one part-time judge shall  407          

be elected in 1963.                                                408          

      In the Sylvania municipal court, one full-time judge shall   410          

be elected in 1963.                                                411          

      In the Tiffin municipal court, one full-time judge shall be  413          

elected in 1953.                                                   414          

      In the Toledo municipal court, two full-time judges shall    416          

be elected in 1971, four full-time judges shall be elected in      417          

1975, and one full-time judge shall be elected in 1973.            418          

      In the Upper Sandusky municipal court, one part-time judge   420          

shall be elected in 1957.                                          421          

      In the Vandalia municipal court, one full-time judge shall   423          

be elected in 1959.                                                424          

      In the Van Wert municipal court, one full-time judge shall   426          

be elected in 1957.                                                427          

      In the Vermilion municipal court, one part-time judge shall  429          

                                                          10     

                                                                 
be elected in 1965.                                                430          

      In the Wadsworth municipal court, one full-time judge shall  432          

be elected in 1981.                                                433          

      In the Warren municipal court, one full-time judge shall be  435          

elected in 1951, and one full-time judge shall be elected in       436          

1971.                                                              437          

      In the Washington Court House municipal court, one           439          

part-time judge shall be elected in 1951.                          440          

      In the Wayne county municipal court, one full-time judge     442          

shall be elected in 1975, and one full-time judge shall be         443          

elected in 1979.                                                   444          

      In the Willoughby municipal court, one full-time judge       446          

shall be elected in 1951.                                          447          

      In the Wilmington municipal court, one full-time judge       449          

shall be elected in 1991, who shall serve as the judge of the      450          

Wilmington municipal court through June 30, 1992, and as the       451          

judge of the Clinton county municipal court from July 1, 1992,     452          

until the end of his THAT JUDGE'S term on December 31, 1997.       453          

      In the Xenia municipal court, one full-time judge shall be   455          

elected in 1977.                                                   456          

      In the Youngstown municipal court, one full-time judge       458          

shall be elected in 1951, and two full-time judges shall be        459          

elected in 1953.                                                   460          

      In the Zanesville municipal court, one full-time judge       462          

shall be elected in 1953.                                          463          

      Section 2.  That existing section 1901.08 of the Revised     465          

Code is hereby repealed.                                           466          

      Section 3.  The nomination of the new municipal court judge  468          

of the Franklin County Municipal Court who is created by this act  469          

and is to be elected in 1997 shall be by nominating petition that  470          

is signed by at least one thousand electors, that is filed with    471          

the board of elections, and that otherwise conforms to the         472          

provisions of section 3513.261 of the Revised Code.  The           473          

nominating petition shall designate the term of the office to      474          

                                                          11     

                                                                 
which the candidate seeks election as provided in section 3513.28  476          

of the Revised Code.  Notwithstanding section 1901.07 of the       477          

Revised Code or any other provision of law, the nominating                      

petition shall be filed not later than four p.m. on September 1,   478          

1997.                                                              479          

      Notwithstanding section 3513.04 of the Revised Code, no      481          

person is prohibited from seeking election as a new judge created  482          

by this act because the person sought, by declaration of           483          

candidacy, a party nomination for an office or position at the     484          

May 1997, primary election.                                        485          

      Section 4.  This act is hereby declared to be an emergency   487          

measure necessary for the immediate preservation of the public     488          

peace, health, and safety.  The reason for this necessity is the   489          

fact that the new judge created by this act is seriously needed    490          

for the efficient and timely administration of justice in          491          

Franklin county and in this state, and if the new judge is not     492          

elected in 1997, the new judge otherwise cannot conveniently be    493          

made available for service for an additional two years, which      494          

would prolong delay, crowded court dockets, and inefficient        495          

administration of justice.  Therefore, this act shall go into      496          

immediate effect.                                                  497