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,histerm to commence on the first day of January 72 next afterhiselection, and one part-time judge shall be elected 73 in 1981,histerm to commence on the second day of January next 74 afterhiselection. 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 vacateshisjudicial 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 ofhisTHAT 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,andone 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 fromthe effective350date of this amendmentFEBRUARY 4, 1994, until the end ofhis351 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 fromthe effective370date of this amendmentFEBRUARY 4, 1994, until the end ofhis371 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 ofhisTHAT 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