As Passed by the House 1 122nd General Assembly 4 Regular Session Am. H. B. No. 463 5 1997-1998 6 REPRESENTATIVES MASON-THOMAS-SALERNO-MEAD-TIBERI-GARCIA-MYERS- 8 TAYLOR-FORD-BEATTY-LEWIS-METELSKY-OPFER-TAVARES 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, term to commence on the first day of January 72 next after election, and one part-time judge shall be elected in 74 1981, term to commence on the second day of January next after 75 election. The part-time judge elected in 1987 whose term 76 commenced on January 1, 1988, shall serve until December 31, 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 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 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,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 full-time judge 243 shall be elected in 2001. On and afterthe effective date of244this amendmentMARCH 31, 1997, the part-time judge of the Jackson 246 county municipal court who was elected in 1995 shall serve as a full-time judge of the court until the end of that judge's term 247 on December 31, 2001. 248 In the Kettering municipal court, one full-time judge shall 250 be elected in 1971, and one full-time judge shall be elected in 251 1975. 252 In the Lakewood municipal court, one full-time judge shall 254 be elected in 1955. 255 In the Lancaster municipal court, one full-time judge shall 257 be elected in 1951, and one full-time judge shall be elected in 258 1979. 259 In the Lawrence county municipal court, one part-time judge 261 shall be elected in 1981. 262 In the Lebanon municipal court, one part-time judge shall 264 be elected in 1955. 265 In the Licking county municipal court, one full-time judge 267 shall be elected in 1951, and one full-time judge shall be 268 elected in 1971. 269 In the Lima municipal court, one full-time judge shall be 271 elected in 1951, and one full-time judge shall be elected in 272 1967. 273 In the Lorain municipal court, one full-time judge shall be 275 elected in 1953, and one full-time judge shall be elected in 276 1973. 277 In the Lyndhurst municipal court, one part-time judge shall 279 be elected in 1957. 280 In the Madison county municipal court, one full-time judge 282 shall be elected in 1981. 283 In the Mansfield municipal court, one full-time judge shall 285 7 be elected in 1951, and one full-time judge shall be elected in 286 1969. 287 In the Marietta municipal court, one full-time judge shall 289 be elected in 1957. 290 In the Marion municipal court, one full-time judge shall be 292 elected in 1951. 293 In the Marysville municipal court, one part-time judge 295 shall be elected in 1963. 296 In the Mason municipal court, one part-time judge shall be 298 elected in 1965. 299 In the Massillon municipal court, one full-time judge shall 301 be elected in 1953, and one full-time judge shall be elected in 302 1971. 303 In the Maumee municipal court, one full-time judge shall be 305 elected in 1963. 306 In the Medina municipal court, one full-time judge shall be 308 elected in 1957. 309 In the Mentor municipal court, one full-time judge shall be 311 elected in 1971. 312 In the Miami county municipal court, one full-time judge 314 shall be elected in 1975, and one full-time judge shall be 315 elected in 1979. 316 In the Miamisburg municipal court, one part-time judge 318 shall be elected in 1951. 319 In the Middletown municipal court, one full-time judge 321 shall be elected in 1953. 322 In the Mount Vernon municipal court, one full-time judge 324 shall be elected in 1951. 325 In the Napoleon municipal court, one part-time judge shall 327 be elected in 1963. 328 In the New Philadelphia municipal court, one full-time 330 judge shall be elected in 1975. 331 In the Newton Falls municipal court, one full-time judge 333 shall be elected in 1963. 334 8 In the Niles municipal court, one full-time judge shall be 336 elected in 1951. 337 In the Norwalk municipal court, one full-time judge shall 339 be elected in 1975. 340 In the Oakwood municipal court, one part-time judge shall 342 be elected in 1953. 343 In the Oberlin municipal court, one full-time judge shall 345 be elected in 1989. 346 In the Oregon municipal court, one full-time judge shall be 348 elected in 1963. 349 In the Ottawa county municipal court, one full-time judge 351 shall be elected in 1995, and the full-time judge of the Port 352 Clinton municipal court who is elected in 1989 shall serve as the 353 judge of the Ottawa county municipal court from February 4, 1994, 354 until the end of that judge's term. In the Painesville municipal court, one full-time judge 356 shall be elected in 1951. 357 In the Parma municipal court, one full-time judge shall be 359 elected in 1951, one full-time judge shall be elected in 1967, 360 and one full-time judge shall be elected in 1971. 361 In the Perrysburg municipal court, one full-time judge 363 shall be elected in 1977. 364 In the Portage county municipal court, two full-time judges 366 shall be elected in 1979, and one full-time judge shall be 367 elected in 1971. 368 In the Port Clinton municipal court, one full-time judge 370 shall be elected in 1953. The full-time judge of the Port 371 Clinton municipal court who is elected in 1989 shall serve as the 372 judge of the Ottawa county municipal court from February 4, 1994, 373 until the end of that judge's term. 374 In the Portsmouth municipal court, one full-time judge 376 shall be elected in 1951, and one full-time judge shall be 377 elected in 1985. 378 In the Rocky River municipal court, one full-time judge 380 9 shall be elected in 1957, and one full-time judge shall be 381 elected in 1971. 382 In the Sandusky municipal court, one full-time judge shall 384 be elected in 1953. 385 In the Shaker Heights municipal court, one full-time judge 387 shall be elected in 1957. 388 In the Shelby municipal court, one part-time judge shall be 390 elected in 1957. 391 In the Sidney municipal court, one full-time judge shall be 393 elected in 1995. 394 In the South Euclid municipal court, one part-time judge 396 shall be elected in 1951. 397 In the Springfield municipal court, two full-time judges 399 shall be elected in 1985, and one full-time judge shall be 400 elected in 1983, all of whom shall serve as the judges of the 401 Springfield municipal court through December 31, 1987, and as the 402 judges of the Clark county municipal court from January 1, 1988, 403 until the end of their respective terms. 404 In the Steubenville municipal court, one full-time judge 406 shall be elected in 1953. 407 In the Struthers municipal court, one part-time judge shall 409 be elected in 1963. 410 In the Sylvania municipal court, one full-time judge shall 412 be elected in 1963. 413 In the Tiffin municipal court, one full-time judge shall be 415 elected in 1953. 416 In the Toledo municipal court, two full-time judges shall 418 be elected in 1971, four full-time judges shall be elected in 419 1975, and one full-time judge shall be elected in 1973. 420 In the Upper Sandusky municipal court, one part-time judge 422 shall be elected in 1957. 423 In the Vandalia municipal court, one full-time judge shall 425 be elected in 1959. 426 In the Van Wert municipal court, one full-time judge shall 428 10 be elected in 1957. 429 In the Vermilion municipal court, one part-time judge shall 431 be elected in 1965. 432 In the Wadsworth municipal court, one full-time judge shall 434 be elected in 1981. 435 In the Warren municipal court, one full-time judge shall be 437 elected in 1951, and one full-time judge shall be elected in 438 1971. 439 In the Washington Court House municipal court, one 441 part-time judge shall be elected in 1951. 442 In the Wayne county municipal court, one full-time judge 444 shall be elected in 1975, and one full-time judge shall be 445 elected in 1979. 446 In the Willoughby municipal court, one full-time judge 448 shall be elected in 1951. 449 In the Wilmington municipal court, one full-time judge 451 shall be elected in 1991, who shall serve as the judge of the 452 Wilmington municipal court through June 30, 1992, and as the 453 judge of the Clinton county municipal court from July 1, 1992, 454 until the end of that judge's term on December 31, 1997. 455 In the Xenia municipal court, one full-time judge shall be 457 elected in 1977. 458 In the Youngstown municipal court, one full-time judge 460 shall be elected in 1951, and two full-time judges shall be 461 elected in 1953. 462 In the Zanesville municipal court, one full-time judge 464 shall be elected in 1953. 465 Section 2. That existing section 1901.08 of the Revised 467 Code is hereby repealed. 468 Section 3. The nomination of the new municipal court judge 470 of the Franklin County Municipal Court who is created by this act 471 and is to be elected in 1997 shall be by nominating petition that 472 is signed by at least one thousand electors, that is filed with 473 the board of elections, and that otherwise conforms to the 474 11 provisions of section 3513.261 of the Revised Code. The 475 nominating petition shall designate the term of the office to 476 which the candidate seeks election as provided in section 3513.28 478 of the Revised Code. Notwithstanding section 1901.07 of the 479 Revised Code or any other provision of law, the nominating petition shall be filed not later than four p.m. on September 1, 480 1997. 481 Notwithstanding section 3513.04 of the Revised Code, no 483 person is prohibited from seeking election as a new judge created 484 by this act because the person sought, by declaration of 485 candidacy, a party nomination for an office or position at the 486 May 1997, primary election. 487 Section 4. This act is hereby declared to be an emergency 489 measure necessary for the immediate preservation of the public 490 peace, health, and safety. The reason for this necessity is the 491 fact that the new judge created by this act is seriously needed 492 for the efficient and timely administration of justice in 493 Franklin county and in this state, and if the new judge is not 494 elected in 1997, the new judge otherwise cannot conveniently be 495 made available for service for an additional two years, which 496 would prolong delay, crowded court dockets, and inefficient 497 administration of justice. Therefore, this act shall go into 498 immediate effect. 499