As Passed by the Senate                       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            

          SENATORS LATTA-B. JOHNSON-WATTS-ESPY-BLESSING            10           


                                                                   12           

                           A   B I L L                                          

             To amend section 1901.08 of the Revised Code to       14           

                create one additional judge for the Franklin       15           

                County Municipal Court and to declare an           16           

                emergency.                                         17           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        19           

      Section 1.  That section 1901.08 of the Revised Code be      21           

amended to read as follows:                                        22           

      Sec. 1901.08.  The number of, and the time for election of,  31           

judges of the following municipal courts and the beginning of      32           

their terms shall be as follows:                                   33           

      In the Akron municipal court, two full-time judges shall be  35           

elected in 1951, two full-time judges shall be elected in 1953,    36           

one full-time judge shall be elected in 1967, and one full-time    37           

judge shall be elected in 1975.                                    38           

      In the Alliance municipal court, one full-time judge shall   40           

be elected in 1953.                                                41           

      In the Ashland municipal court, one full-time judge shall    43           

be elected in 1951.                                                44           

      In the Ashtabula municipal court, one full-time judge shall  46           

be elected in 1953.                                                47           

      In the Athens county municipal court, one full-time judge    49           

shall be elected in 1967.                                          50           

      In the Auglaize county municipal court, one full-time judge  52           

shall be elected in 1975.                                          53           

                                                          2      

                                                                 
      In the Avon Lake municipal court, one part-time judge shall  55           

be elected in 1957.                                                56           

      In the Barberton municipal court, one full-time judge shall  58           

be elected in 1969, and one full-time judge shall be elected in    59           

1971.                                                              60           

      In the Bedford municipal court, one full-time judge shall    62           

be elected in 1975, and one full-time judge shall be elected in    63           

1979.                                                              64           

      In the Bellefontaine municipal court, one full-time judge    66           

shall be elected in 1993.                                          67           

      In the Bellevue municipal court, one part-time judge shall   69           

be elected in 1951.                                                70           

      In the Berea municipal court, one part-time judge shall be   72           

elected in 1957, term to commence on the first day of January      73           

next after election, and one part-time judge shall be elected in   75           

1981, term to commence on the second day of January next after     76           

election.  The part-time judge elected in 1987 whose term          77           

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

1993, and the office of that judge is abolished, effective on the  78           

earlier of December 31, 1993, or the date on which that judge      79           

resigns, retires, or otherwise vacates judicial office.            80           

      In the Bowling Green municipal court, one full-time judge    82           

shall be elected in 1983.                                          83           

      In the Bryan municipal court, one full-time judge shall be   85           

elected in 1965.                                                   86           

      In the Cambridge municipal court, one full-time judge shall  88           

be elected in 1951.                                                89           

      In the Campbell municipal court, one part-time judge shall   91           

be elected in 1963.                                                92           

      In the Canton municipal court, one full-time judge shall be  94           

elected in 1951, one full-time judge shall be elected in 1969,     95           

and two full-time judges shall be elected in 1977.                 96           

      In the Celina municipal court, one full-time judge shall be  98           

elected in 1957.                                                   99           

                                                          3      

                                                                 
      In the Champaign county municipal court, one part-time       101          

judge shall be elected in 1983.                                    102          

      In the Chardon municipal court, one part-time judge shall    104          

be elected in 1963.                                                105          

      In the Chillicothe municipal court, one full-time judge      107          

shall be elected in 1951, and one full-time judge shall be         108          

elected in 1977.                                                   109          

      In the Circleville municipal court, one full-time judge      111          

shall be elected in 1953.                                          112          

      In the Clark county municipal court, one full-time judge     114          

shall be elected in 1989, and two full-time judges shall be        115          

elected in 1991.  The full-time judges of the Springfield          116          

municipal court who were elected in 1983 and 1985 shall serve as   117          

the judges of the Clark county municipal court from January 1,     118          

1988, until the end of their respective terms.                     119          

      In the Clermont county municipal court, two full-time        121          

judges shall be elected in 1991.                                   122          

      In the Cleveland municipal court, six full-time judges       124          

shall be elected in 1975, three full-time judges shall be elected  125          

in 1953, and four full-time judges shall be elected in 1955.       126          

      In the Cleveland Heights municipal court, one full-time      128          

judge shall be elected in 1957.                                    129          

      In the Clinton county municipal court, one full-time judge   131          

shall be elected in 1997.  The full-time judge of the Wilmington   132          

municipal court who was elected in 1991 shall serve as the judge   133          

of the Clinton county municipal court from July 1, 1992, until     134          

the end of that judge's term on December 31, 1997.                 135          

      In the Conneaut municipal court, one full-time judge shall   137          

be elected in 1953.                                                138          

      In the Coshocton municipal court, one full-time judge shall  140          

be elected in 1951.                                                141          

      In the Crawford county municipal court, one full-time judge  143          

shall be elected in 1977.                                          144          

      In the Cuyahoga Falls municipal court, one full-time judge   146          

                                                          4      

                                                                 
shall be elected in 1953, and one full-time judge shall be         147          

elected in 1967.                                                   148          

      In the Dayton municipal court, three full-time judges shall  150          

be elected in 1987, their terms to commence on successive days     151          

beginning on the first day of January next after their election,   152          

and two full-time judges shall be elected in 1955, their terms to  153          

commence on successive days beginning on the second day of         154          

January next after their election.                                 155          

      In the Defiance municipal court, one full-time judge shall   157          

be elected in 1957.                                                158          

      In the Delaware municipal court, one full-time judge shall   160          

be elected in 1953.                                                161          

      In the East Cleveland municipal court, one full-time judge   163          

shall be elected in 1957.                                          164          

      In the East Liverpool municipal court, one full-time judge   166          

shall be elected in 1953.                                          167          

      In the Eaton municipal court, one full-time judge shall be   169          

elected in 1973.                                                   170          

      In the Elyria municipal court, one full-time judge shall be  172          

elected in 1955, and one full-time judge shall be elected in       173          

1973.                                                              174          

      In the Euclid municipal court, one full-time judge shall be  176          

elected in 1951.                                                   177          

      In the Fairborn municipal court, one full-time judge shall   179          

be elected in 1977.                                                180          

      In the Fairfield municipal court, one full-time judge shall  182          

be elected in 1989.                                                183          

      In the Findlay municipal court, one full-time judge shall    185          

be elected in 1955, and one full-time judge shall be elected in    186          

1993.                                                              187          

      In the Fostoria municipal court, one full-time judge shall   189          

be elected in 1975.                                                190          

      In the Franklin municipal court, one part-time judge shall   192          

be elected in 1951.                                                193          

                                                          5      

                                                                 
      In the Franklin county municipal court, two full-time        195          

judges shall be elected in 1969, three full-time judges shall be   196          

elected in 1971, seven full-time judges shall be elected in 1967,  197          

one full-time judge shall be elected in 1975, and one full-time    198          

judge shall be elected in 1991, AND ONE FULL-TIME JUDGE SHALL BE   199          

ELECTED IN 1997.                                                   200          

      In the Fremont municipal court, one full-time judge shall    202          

be elected in 1975.                                                203          

      In the Gallipolis municipal court, one full-time judge       205          

shall be elected in 1981.                                          206          

      In the Garfield Heights municipal court, one full-time       208          

judge shall be elected in 1951, and one full-time judge shall be   209          

elected in 1981.                                                   210          

      In the Girard municipal court, one full-time judge shall be  212          

elected in 1963.                                                   213          

      In the Hamilton municipal court, one full-time judge shall   215          

be elected in 1953.                                                216          

      In the Hamilton county municipal court, five full-time       218          

judges shall be elected in 1967, five full-time judges shall be    219          

elected in 1971, two full-time judges shall be elected in 1981,    220          

and two full-time judges shall be elected in 1983.  All terms of   221          

judges of the Hamilton county municipal court shall commence on    222          

the first day of January next after their election, except that    223          

the terms of the additional judges to be elected in 1981 shall     224          

commence on January 2, 1982, and January 3, 1982, and that the     225          

terms of the additional judges to be elected in 1983 shall         226          

commence on January 4, 1984, and January 5, 1984.                  227          

      In the Hardin county municipal court, one part-time judge    229          

shall be elected in 1989.                                          230          

      In the Hillsboro municipal court, one part-time judge shall  232          

be elected in 1957.                                                233          

      In the Hocking county municipal court, one full-time judge   235          

shall be elected in 1977.                                          236          

      In the Huron municipal court, one part-time judge shall be   238          

                                                          6      

                                                                 
elected in 1967.                                                   239          

      In the Ironton municipal court, one full-time judge shall    241          

be elected in 1951.                                                242          

      In the Jackson county municipal court, one full-time judge   244          

shall be elected in 2001.  On and after the effective date of      245          

this amendment MARCH 31, 1997, the part-time judge of the Jackson  247          

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    248          

on December 31, 2001.                                              249          

      In the Kettering municipal court, one full-time judge shall  251          

be elected in 1971, and one full-time judge shall be elected in    252          

1975.                                                              253          

      In the Lakewood municipal court, one full-time judge shall   255          

be elected in 1955.                                                256          

      In the Lancaster municipal court, one full-time judge shall  258          

be elected in 1951, and one full-time judge shall be elected in    259          

1979.                                                              260          

      In the Lawrence county municipal court, one part-time judge  262          

shall be elected in 1981.                                          263          

      In the Lebanon municipal court, one part-time judge shall    265          

be elected in 1955.                                                266          

      In the Licking county municipal court, one full-time judge   268          

shall be elected in 1951, and one full-time judge shall be         269          

elected in 1971.                                                   270          

      In the Lima municipal court, one full-time judge shall be    272          

elected in 1951, and one full-time judge shall be elected in       273          

1967.                                                              274          

      In the Lorain municipal court, one full-time judge shall be  276          

elected in 1953, and one full-time judge shall be elected in       277          

1973.                                                              278          

      In the Lyndhurst municipal court, one part-time judge shall  280          

be elected in 1957.                                                281          

      In the Madison county municipal court, one full-time judge   283          

shall be elected in 1981.                                          284          

                                                          7      

                                                                 
      In the Mansfield municipal court, one full-time judge shall  286          

be elected in 1951, and one full-time judge shall be elected in    287          

1969.                                                              288          

      In the Marietta municipal court, one full-time judge shall   290          

be elected in 1957.                                                291          

      In the Marion municipal court, one full-time judge shall be  293          

elected in 1951.                                                   294          

      In the Marysville municipal court, one part-time judge       296          

shall be elected in 1963.                                          297          

      In the Mason municipal court, one part-time judge shall be   299          

elected in 1965.                                                   300          

      In the Massillon municipal court, one full-time judge shall  302          

be elected in 1953, and one full-time judge shall be elected in    303          

1971.                                                              304          

      In the Maumee municipal court, one full-time judge shall be  306          

elected in 1963.                                                   307          

      In the Medina municipal court, one full-time judge shall be  309          

elected in 1957.                                                   310          

      In the Mentor municipal court, one full-time judge shall be  312          

elected in 1971.                                                   313          

      In the Miami county municipal court, one full-time judge     315          

shall be elected in 1975, and one full-time judge shall be         316          

elected in 1979.                                                   317          

      In the Miamisburg municipal court, one part-time judge       319          

shall be elected in 1951.                                          320          

      In the Middletown municipal court, one full-time judge       322          

shall be elected in 1953.                                          323          

      In the Mount Vernon municipal court, one full-time judge     325          

shall be elected in 1951.                                          326          

      In the Napoleon municipal court, one part-time judge shall   328          

be elected in 1963.                                                329          

      In the New Philadelphia municipal court, one full-time       331          

judge shall be elected in 1975.                                    332          

      In the Newton Falls municipal court, one full-time judge     334          

                                                          8      

                                                                 
shall be elected in 1963.                                          335          

      In the Niles municipal court, one full-time judge shall be   337          

elected in 1951.                                                   338          

      In the Norwalk municipal court, one full-time judge shall    340          

be elected in 1975.                                                341          

      In the Oakwood municipal court, one part-time judge shall    343          

be elected in 1953.                                                344          

      In the Oberlin municipal court, one full-time judge shall    346          

be elected in 1989.                                                347          

      In the Oregon municipal court, one full-time judge shall be  349          

elected in 1963.                                                   350          

      In the Ottawa county municipal court, one full-time judge    352          

shall be elected in 1995, and the full-time judge of the Port      353          

Clinton municipal court who is elected in 1989 shall serve as the  354          

judge of the Ottawa county municipal court from February 4, 1994,  355          

until the end of that judge's term.                                             

      In the Painesville municipal court, one full-time judge      357          

shall be elected in 1951.                                          358          

      In the Parma municipal court, one full-time judge shall be   360          

elected in 1951, one full-time judge shall be elected in 1967,     361          

and one full-time judge shall be elected in 1971.                  362          

      In the Perrysburg municipal court, one full-time judge       364          

shall be elected in 1977.                                          365          

      In the Portage county municipal court, two full-time judges  367          

shall be elected in 1979, and one full-time judge shall be         368          

elected in 1971.                                                   369          

      In the Port Clinton municipal court, one full-time judge     371          

shall be elected in 1953.  The full-time judge of the Port         372          

Clinton municipal court who is elected in 1989 shall serve as the  373          

judge of the Ottawa county municipal court from February 4, 1994,  374          

until the end of that judge's term.                                375          

      In the Portsmouth municipal court, one full-time judge       377          

shall be elected in 1951, and one full-time judge shall be         378          

elected in 1985.                                                   379          

                                                          9      

                                                                 
      In the Rocky River municipal court, one full-time judge      381          

shall be elected in 1957, and one full-time judge shall be         382          

elected in 1971.                                                   383          

      In the Sandusky municipal court, one full-time judge shall   385          

be elected in 1953.                                                386          

      In the Shaker Heights municipal court, one full-time judge   388          

shall be elected in 1957.                                          389          

      In the Shelby municipal court, one part-time judge shall be  391          

elected in 1957.                                                   392          

      In the Sidney municipal court, one full-time judge shall be  394          

elected in 1995.                                                   395          

      In the South Euclid municipal court, one part-time judge     397          

shall be elected in 1951.                                          398          

      In the Springfield municipal court, two full-time judges     400          

shall be elected in 1985, and one full-time judge shall be         401          

elected in 1983, all of whom shall serve as the judges of the      402          

Springfield municipal court through December 31, 1987, and as the  403          

judges of the Clark county municipal court from January 1, 1988,   404          

until the end of their respective terms.                           405          

      In the Steubenville municipal court, one full-time judge     407          

shall be elected in 1953.                                          408          

      In the Struthers municipal court, one part-time judge shall  410          

be elected in 1963.                                                411          

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

be elected in 1963.                                                414          

      In the Tiffin municipal court, one full-time judge shall be  416          

elected in 1953.                                                   417          

      In the Toledo municipal court, two full-time judges shall    419          

be elected in 1971, four full-time judges shall be elected in      420          

1975, and one full-time judge shall be elected in 1973.            421          

      In the Upper Sandusky municipal court, one part-time judge   423          

shall be elected in 1957.                                          424          

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

be elected in 1959.                                                427          

                                                          10     

                                                                 
      In the Van Wert municipal court, one full-time judge shall   429          

be elected in 1957.                                                430          

      In the Vermilion municipal court, one part-time judge shall  432          

be elected in 1965.                                                433          

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

be elected in 1981.                                                436          

      In the Warren municipal court, one full-time judge shall be  438          

elected in 1951, and one full-time judge shall be elected in       439          

1971.                                                              440          

      In the Washington Court House municipal court, one           442          

part-time judge shall be elected in 1951.                          443          

      In the Wayne county municipal court, one full-time judge     445          

shall be elected in 1975, and one full-time judge shall be         446          

elected in 1979.                                                   447          

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

shall be elected in 1951.                                          450          

      In the Wilmington municipal court, one full-time judge       452          

shall be elected in 1991, who shall serve as the judge of the      453          

Wilmington municipal court through June 30, 1992, and as the       454          

judge of the Clinton county municipal court from July 1, 1992,     455          

until the end of that judge's term on December 31, 1997.           456          

      In the Xenia municipal court, one full-time judge shall be   458          

elected in 1977.                                                   459          

      In the Youngstown municipal court, one full-time judge       461          

shall be elected in 1951, and two full-time judges shall be        462          

elected in 1953.                                                   463          

      In the Zanesville municipal court, one full-time judge       465          

shall be elected in 1953.                                          466          

      Section 2.  That existing section 1901.08 of the Revised     468          

Code is hereby repealed.                                           469          

      Section 3.  The nomination of the new municipal court judge  471          

of the Franklin County Municipal Court who is created by this act  472          

and is to be elected in 1997 shall be by nominating petition that  473          

is signed by at least one thousand electors, that is filed with    474          

                                                          11     

                                                                 
the board of elections, and that otherwise conforms to the         475          

provisions of section 3513.261 of the Revised Code.  The           476          

nominating petition shall designate the term of the office to      477          

which the candidate seeks election as provided in section 3513.28  479          

of the Revised Code.  Notwithstanding section 1901.07 of the       480          

Revised Code or any other provision of law, the nominating                      

petition shall be filed not later than four p.m. on September 1,   481          

1997.                                                              482          

      Notwithstanding section 3513.04 of the Revised Code, no      484          

person is prohibited from seeking election as a new judge created  485          

by this act because the person sought, by declaration of           486          

candidacy, a party nomination for an office or position at the     487          

May 1997, primary election.                                        488          

      Section 4.  This act is hereby declared to be an emergency   490          

measure necessary for the immediate preservation of the public     491          

peace, health, and safety.  The reason for this necessity is the   492          

fact that the new judge created by this act is seriously needed    493          

for the efficient and timely administration of justice in          494          

Franklin county and in this state, and if the new judge is not     495          

elected in 1997, the new judge otherwise cannot conveniently be    496          

made available for service for an additional two years, which      497          

would prolong delay, crowded court dockets, and inefficient        498          

administration of justice.  Therefore, this act shall go into      499          

immediate effect.                                                  500