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, 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 full-time judge   243          

shall be elected in 2001.  On and after the effective date of      244          

this amendment MARCH 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