As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 602   5            

      1997-1998                                                    6            


                    REPRESENTATIVE  CALLENDER                      8            


                                                                   10           

                           A   B I L L                                          

             To amend section 2301.02 of the Revised Code to add   12           

                one General Division judge to the Court of Common  13           

                Pleas of Lake County to be elected at  the         14           

                general election in November 2000.                 15           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        16           

      Section 1.  That section 2301.02 of the Revised Code be      18           

amended to read as follows:                                        19           

      Sec. 2301.02.  The number of judges of the court of common   28           

pleas for each county, the time for the next election of the       29           

judges in the several counties, and the beginning of their terms   30           

shall be as follows:                                               31           

      (A)  In Adams, Ashland, Fayette, and Pike counties, one      33           

judge, elected in 1956, term to begin February 9, 1957;            34           

      In Brown, Crawford, Defiance, Highland, Holmes, Morgan,      36           

Ottawa, and Union counties, one judge, to be elected in 1954,      37           

term to begin February 9, 1955;                                    38           

      In Auglaize county, one judge, to be elected in 1956, term   40           

to begin January 9, 1957;                                          41           

      In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,       43           

Jackson, Knox, Logan, Madison, Mercer, Monroe, Morrow, Paulding,   44           

Vinton, and Wyandot counties, one judge, to be elected in 1956,    45           

term to begin January 1, 1957;                                     46           

      In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway,    48           

Preble, Shelby, Van Wert, and Williams counties, one judge, to be  49           

elected in 1952, term to begin January 1, 1953;                    50           

      In Harrison and Noble counties, one judge, to be elected in  52           

                                                          2      

                                                                 
1954, term to begin April 18, 1955;                                53           

      In Henry and Putnam counties, one judge, to be elected in    55           

1956, term to begin May 9, 1957;                                   56           

      In Huron county, one judge, to be elected in 1952, term to   58           

begin May 14, 1953;                                                59           

      In Perry county, one judge, to be elected in 1954, term to   61           

begin July 6, 1956;                                                62           

      In Sandusky county, two judges, one to be elected in 1954,   64           

term to begin February 10, 1955, and one to be elected in 1978,    65           

term to begin January 1, 1979;                                     66           

      (B)  In Allen county, three judges, one to be elected in     68           

1956, term to begin February 9, 1957, the second to be elected in  69           

1958, term to begin January 1, 1959, and the third to be elected   70           

in 1992, term to begin January 1, 1993;                            71           

      In Ashtabula county, three judges, one to be elected in      73           

1954, term to begin February 9, 1955, one to be elected in 1960,   74           

term to begin January 1, 1961, and one to be elected in 1978,      75           

term to begin January 2, 1979;                                     76           

      In Athens county, two judges, one to be elected in 1954,     78           

term to begin February 9, 1955, and one to be elected in 1990,     79           

term to begin July 1, 1991;                                        80           

      In Erie county, two judges, one to be elected in 1956, term  82           

to begin January 1, 1957, and the second to be elected in 1970,    83           

term to begin January 2, 1971;                                     84           

      In Fairfield county, three judges, one to be elected in      86           

1954, term to begin February 9, 1955, the second to be elected in  87           

1970, term to begin January 1, 1971, and the third to be elected   88           

in 1994, term to begin January 2, 1995;                            89           

      In Geauga county, two judges, one to be elected in 1956,     91           

term to begin January 1, 1957, and the second to be elected in     92           

1976, term to begin January 1, 1977;                               93           

      In Greene county, four judges, one to be elected in 1956,    95           

term to begin February 9, 1957, the second to be elected in 1960,  96           

term to begin January 1, 1961, the third to be elected in 1978,    97           

                                                          3      

                                                                 
term to begin January 2, 1979, and the fourth to be elected in     98           

1994, term to begin January 1, 1995;                               99           

      In Hancock county, two judges, one to be elected in 1952,    101          

term to begin January 1, 1953, and the second to be elected in     102          

1978, term to begin January 1, 1979;                               103          

      In Lawrence county, two judges, one to be elected in 1954,   105          

term to begin February 9, 1955, and the second to be elected in    106          

1976, term to begin January 1, 1977;                               107          

      In Marion county, two judges, one to be elected in 1952,     109          

term to begin January 1, 1953, and the second to be elected in     110          

1976, term to begin January 2, 1977;                               111          

      In Medina county, three judges, one to be elected in 1956,   113          

term to begin January 1, 1957, the second to be elected in 1966,   114          

term to begin January 1, 1967, and the third to be elected in      115          

1994, term to begin January 1, 1995;                               116          

      In Miami county, two judges, one to be elected in 1954,      118          

term to begin February 9, 1955, and one to be elected in 1970,     119          

term to begin on January 1, 1971;                                  120          

      In Muskingum county, two judges, one to be elected in 1968,  122          

term to begin August 9, 1969, and one to be elected in 1978, term  123          

to begin January 1, 1979;                                          124          

      In Portage county, three judges, one to be elected in 1956,  126          

term to begin January 1, 1957, the second to be elected in 1960,   127          

term to begin January 1, 1961, and the third to be elected in      128          

1986, term to begin January 2, 1987;                               129          

      In Ross county, two judges, one to be elected in 1956, term  131          

to begin February 9, 1957, and the second to be elected in 1976,   132          

term to begin January 1, 1977;                                     133          

      In Scioto county, three judges, one to be elected in 1954,   135          

term to begin February 10, 1955, the second to be elected in       136          

1960, term to begin January 1, 1961, and the third to be elected   137          

in 1994, term to begin January 2, 1995;                            138          

      In Seneca county, two judges, one to be elected in 1956,     140          

term to begin January 1, 1957, and the second to be elected in     141          

                                                          4      

                                                                 
1986, term to begin January 2, 1987;                               142          

      In Warren county, three judges, one to be elected in 1954,   144          

term to begin February 9, 1955, the second to be elected in 1970,  145          

term to begin January 1, 1971, and the third to be elected in      146          

1986, term to begin January 1, 1987;                               147          

      In Washington county, two judges, one to be elected in       149          

1952, term to begin January 1, 1953, and one to be elected in      150          

1986, term to begin January 1, 1987;                               151          

      In Wood county, three judges, one to be elected in 1968,     153          

term beginning January 1, 1969, the second to be elected in 1970,  154          

term to begin January 2, 1971, and the third to be elected in      155          

1990, term to begin January 1, 1991;                               156          

      In Belmont and Jefferson counties, two judges, to be         158          

elected in 1954, terms to begin January 1, 1955, and February 9,   159          

1955, respectively;                                                160          

      In Clark county, four judges, one to be elected in 1952,     162          

term to begin January 1, 1953, the second to be elected in 1956,   163          

term to begin January 2, 1957, the third to be elected in 1986,    164          

term to begin January 3, 1987, and the fourth to be elected in     165          

1994, term to begin January 2, 1995.                               166          

      In Clermont county, four judges, one to be elected in 1956,  168          

term to begin January 1, 1957, the second to be elected in 1964,   169          

term to begin January 1, 1965, the third to be elected in 1982,    170          

term to begin January 2, 1983, and the fourth to be elected in     171          

1986, term to begin January 2, 1987;                               172          

      In Columbiana county, two judges, one to be elected in       174          

1952, term to begin January 1, 1953, and the second to be elected  175          

in 1956, term to begin January 1, 1957;                            176          

      In Delaware county, two judges, one to be elected in 1990,   178          

term to begin February 9, 1991, the second to be elected in 1994,  179          

term to begin January 1, 1995;                                     180          

      In Lake county, five SIX judges, one to be elected in 1958,  182          

term to begin January 1, 1959, the second to be elected in 1960,   183          

term to begin January 2, 1961, the third to be elected in 1964,    184          

                                                          5      

                                                                 
term to begin January 3, 1965, and the fourth and fifth to be      185          

elected in 1978, terms to begin on January 4, 1979, and January    186          

5, 1979, respectively, AND THE SIXTH TO BE ELECTED IN 2000, TERM   187          

TO BEGIN JANUARY 1, 2001;                                          188          

      In Licking county, three judges, one to be elected in 1954,  190          

term to begin February 9, 1955, one to be elected in 1964, term    191          

to begin January 1, 1965, and one to be elected in 1990, term to   192          

begin January 1, 1991;                                             193          

      In Lorain county, six judges, two to be elected in 1952,     195          

terms to begin January 1, 1953, and January 2, 1953,               196          

respectively, one to be elected in 1958, term to begin January 3,  197          

1959, one to be elected in 1968, term to begin January 1, 1969,    198          

and two to be elected in 1988, terms to begin January 4, 1989,     199          

and January 5, 1989, respectively;                                 200          

      In Butler county, eight judges, one to be elected in 1956,   202          

term to begin January 1, 1957; two to be elected in 1954, terms    203          

to begin January 1, 1955, and February 9, 1955, respectively; one  204          

to be elected in 1968, term to begin January 2, 1969; one to be    205          

elected in 1986, term to begin January 3, 1987; two to be elected  206          

in 1988, terms to begin January 1, 1989, and January 2, 1989,      207          

respectively; and one to be elected in 1992, term to begin         208          

January 4, 1993;                                                   209          

      In Richland county, three judges, one to be elected in       211          

1956, term to begin January 1, 1957, the second to be elected in   212          

1960, term to begin February 9, 1961, and the third to be elected  213          

in 1968, term to begin January 2, 1969;                            214          

      In Tuscarawas county, two judges, one to be elected in       216          

1956, term to begin January 1, 1957, and the second to be elected  217          

in 1960, term to begin January 2, 1961;                            218          

      In Wayne county, two judges, one to be elected in 1956,      220          

term beginning January 1, 1957, and one to be elected in 1968,     221          

term to begin January 2, 1969;                                     222          

      In Trumbull county, six judges, one to be elected in 1952,   224          

term to begin January 1, 1953, the second to be elected in 1954,   225          

                                                          6      

                                                                 
term to begin January 1, 1955, the third to be elected in 1956,    226          

term to begin January 1, 1957, the fourth to be elected in 1964,   227          

term to begin January 1, 1965, the fifth to be elected in 1976,    228          

term to begin January 2, 1977; and the sixth to be elected in      229          

1994, term to begin January 3, 1995;                               230          

      (C)  In Cuyahoga county, thirty-nine judges; eight to be     232          

elected in 1954, terms to begin on successive days beginning from  233          

January 1, 1955, to January 7, 1955, and February 9, 1955,         234          

respectively; eight to be elected in 1956, terms to begin on       235          

successive days beginning from January 1, 1957, to January 8,      236          

1957; three to be elected in 1952, terms to begin from January 1,  237          

1953, to January 3, 1953; two to be elected in 1960, terms to      238          

begin on January 8, 1961, and January 9, 1961, respectively; two   239          

to be elected in 1964, terms to begin January 4, 1965, and         240          

January 5, 1965, respectively; one to be elected in 1966, term to  241          

begin on January 10, 1967; four to be elected in 1968, terms to    242          

begin on successive days beginning from January 9, 1969, to        243          

January 12, 1969; two to be elected in 1974, terms to begin on     244          

January 18, 1975, and January 19, 1975, respectively; five to be   245          

elected in 1976, terms to begin on successive days beginning       246          

January 6, 1977, to January 10, 1977; two to be elected in 1982,   247          

terms to begin January 11, 1983, and January 12, 1983,             248          

respectively; and two to be elected in 1986, terms to begin        249          

January 13, 1987, and January 14, 1987, respectively;              250          

      In Franklin county, twenty-one judges; two to be elected in  253          

1954, terms to begin January 1, 1955, and February 9, 1955,                     

respectively; four to be elected in 1956, terms to begin January   254          

1, 1957, to January 4, 1957; four to be elected in 1958, terms to  255          

begin January 1, 1959, to January 4, 1959; three to be elected in  256          

1968, terms to begin January 5, 1969, to January 7, 1969; three    257          

to be elected in 1976, terms to begin on successive days           258          

beginning January 5, 1977, to January 7, 1977; one to be elected   259          

in 1982, term to begin January 8, 1983; one to be elected in       260          

1986, term to begin January 9, 1987; two to be elected in 1990,    262          

                                                          7      

                                                                 
terms to begin July 1, 1991, and July 2, 1991, respectively; and   263          

one to be elected in 1996, term to begin January 2, 1997;          264          

      In Hamilton county, twenty-one judges; eight to be elected   267          

in 1966, terms to begin January 1, 1967, January 2, 1967, and      268          

from February 9, 1967, to February 14, 1967, respectively; five    269          

to be elected in 1956, terms to begin from January 1, 1957, to     270          

January 5, 1957; one to be elected in 1964, term to begin January  271          

1, 1965; one to be elected in 1974, term to begin January 15,      272          

1975; one to be elected in 1980, term to begin January 16, 1981;   273          

two to be elected at large in the general election in 1982, terms  274          

to begin April 1, 1983; one to be elected in 1990, term to begin   275          

July 1, 1991; and two to be elected in 1996, terms to begin        276          

January 3, 1997, and January 4, 1997, respectively;                277          

      In Lucas county, fourteen judges; two to be elected in       279          

1954, terms to begin January 1, 1955, and February 9, 1955,        280          

respectively; two to be elected in 1956, terms to begin January    281          

1, 1957, and October 29, 1957, respectively; two to be elected in  282          

1952, terms to begin January 1, 1953, and January 2, 1953,         283          

respectively; one to be elected in 1964, term to begin January 3,  284          

1965; one to be elected in 1968, term to begin January 4, 1969;    285          

two to be elected in 1976, terms to begin January 4, 1977, and     286          

January 5, 1977, respectively; one to be elected in 1982, term to  287          

begin January 6, 1983; one to be elected in 1988, term to begin    288          

January 7, 1989; one to be elected in 1990, term to begin January  289          

2, 1991; and one to be elected in 1992, term to begin January 2,   290          

1993;                                                              291          

      In Mahoning county, seven judges; three to be elected in     293          

1954, terms to begin January 1, 1955, January 2, 1955, and         294          

February 9, 1955, respectively; one to be elected in 1956, term    295          

to begin January 1, 1957; one to be elected in 1952, term to       296          

begin January 1, 1953; one to be elected in 1968, term to begin    297          

January 2, 1969; and one to be elected in 1990, term to begin      298          

July 1, 1991;                                                      299          

      In Montgomery county, fifteen judges; three to be elected    301          

                                                          8      

                                                                 
in 1954, terms to begin January 1, 1955, January 2, 1955, and      302          

January 3, 1955, respectively; four to be elected in 1952, terms   303          

to begin January 1, 1953, January 2, 1953, July 1, 1953, July 2,   304          

1953, respectively; one to be elected in 1964, term to begin       305          

January 3, 1965; one to be elected in 1968, term to begin January  306          

3, 1969; three to be elected in 1976, terms to begin on            307          

successive days beginning January 4, 1977, to January 6, 1977;     308          

two to be elected in 1990, terms to begin July 1, 1991, and July   309          

2, 1991, respectively; and one to be elected in 1992, term to      310          

begin January 1, 1993.                                             311          

      In Stark county, eight judges; one to be elected in 1958,    313          

term to begin on January 2, 1959; two to be elected in 1954,       314          

terms to begin on January 1, 1955, and February 9, 1955,           315          

respectively; two to be elected in 1952, terms to begin January    316          

1, 1953, and April 16, 1953, respectively; one to be elected in    317          

1966, term to begin on January 4, 1967; and two to be elected in   318          

1992, terms to begin January 1, 1993, and January 2, 1993,         319          

respectively;                                                      320          

      In Summit county, eleven judges; four to be elected in       322          

1954, terms to begin January 1, 1955, January 2, 1955, January 3,  323          

1955, and February 9, 1955, respectively; three to be elected in   324          

1958, terms to begin January 1, 1959, January 2, 1959, and May     325          

17, 1959, respectively; one to be elected in 1966, term to begin   326          

January 4, 1967; one to be elected in 1968, term to begin January  327          

5, 1969; one to be elected in 1990, term to begin May 1, 1991;     328          

and one to be elected in 1992, term to begin January 6, 1993.      329          

      Notwithstanding the foregoing provisions, in any county      331          

having two or more judges of the court of common pleas, in which   332          

more than one-third of the judges plus one were previously         333          

elected at the same election, if the office of one of those        334          

judges so elected becomes vacant more than forty days prior to     335          

the second general election preceding the expiration of that       336          

judge's term, the office that that judge had filled shall be       337          

abolished as of the date of the next general election, and a new   338          

                                                          9      

                                                                 
office of judge of the court of common pleas shall be created.     339          

The judge who is to fill that new office shall be elected for a    340          

six-year term at the next general election, and the term of that   342          

judge shall commence on the first day of the year following that   343          

general election, on which day no other judge's term begins, so    344          

that the number of judges which such THAT THE county shall elect   345          

shall not be reduced.                                              347          

      Judges of the probate division of the court of common pleas  349          

are judges of the court of common pleas, but shall be elected      350          

pursuant to sections 2101.02 and 2101.021 of the Revised Code,     351          

except in Adams, Harrison, Henry, Morgan, Morrow, Noble, and       352          

Wyandot counties in which the judge of the court of common pleas   353          

elected pursuant to this section shall also SHALL serve as judge   354          

of the probate division.                                           356          

      Section 2.  That existing section 2301.02 of the Revised     358          

Code is hereby repealed.                                           359