As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                             Am. H. B. No. 602   5            

      1997-1998                                                    6            


      REPRESENTATIVES CALLENDER-YOUNG-CAREY-CATES-STAPLETON        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, three judges, one to be elected in 1952,   109          

term to begin January 1, 1953, the second to be elected in 1976,   111          

term to begin January 2, 1977, and the third to be elected in                   

1998, term to begin February 9, 1999;                              112          

      In Medina county, three judges, one to be elected in 1956,   114          

term to begin January 1, 1957, the second to be elected in 1966,   115          

term to begin January 1, 1967, and the third to be elected in      116          

1994, term to begin January 1, 1995;                               117          

      In Miami county, two judges, one to be elected in 1954,      119          

term to begin February 9, 1955, and one to be elected in 1970,     120          

term to begin on January 1, 1971;                                  121          

      In Muskingum county, two judges, one to be elected in 1968,  123          

term to begin August 9, 1969, and one to be elected in 1978, term  124          

to begin January 1, 1979;                                          125          

      In Portage county, three judges, one to be elected in 1956,  127          

term to begin January 1, 1957, the second to be elected in 1960,   128          

term to begin January 1, 1961, and the third to be elected in      129          

1986, term to begin January 2, 1987;                               130          

      In Ross county, two judges, one to be elected in 1956, term  132          

to begin February 9, 1957, and the second to be elected in 1976,   133          

term to begin January 1, 1977;                                     134          

      In Scioto county, three judges, one to be elected in 1954,   136          

term to begin February 10, 1955, the second to be elected in       137          

1960, term to begin January 1, 1961, and the third to be elected   138          

in 1994, term to begin January 2, 1995;                            139          

      In Seneca county, two judges, one to be elected in 1956,     141          

                                                          4      

                                                                 
term to begin January 1, 1957, and the second to be elected in     142          

1986, term to begin January 2, 1987;                               143          

      In Warren county, three judges, one to be elected in 1954,   145          

term to begin February 9, 1955, the second to be elected in 1970,  146          

term to begin January 1, 1971, and the third to be elected in      147          

1986, term to begin January 1, 1987;                               148          

      In Washington county, two judges, one to be elected in       150          

1952, term to begin January 1, 1953, and one to be elected in      151          

1986, term to begin January 1, 1987;                               152          

      In Wood county, three judges, one to be elected in 1968,     154          

term beginning January 1, 1969, the second to be elected in 1970,  155          

term to begin January 2, 1971, and the third to be elected in      156          

1990, term to begin January 1, 1991;                               157          

      In Belmont and Jefferson counties, two judges, to be         159          

elected in 1954, terms to begin January 1, 1955, and February 9,   160          

1955, respectively;                                                161          

      In Clark county, four judges, one to be elected in 1952,     163          

term to begin January 1, 1953, the second to be elected in 1956,   164          

term to begin January 2, 1957, the third to be elected in 1986,    165          

term to begin January 3, 1987, and the fourth to be elected in     166          

1994, term to begin January 2, 1995.                               167          

      In Clermont county, four judges, one to be elected in 1956,  169          

term to begin January 1, 1957, the second to be elected in 1964,   170          

term to begin January 1, 1965, the third to be elected in 1982,    171          

term to begin January 2, 1983, and the fourth to be elected in     172          

1986, term to begin January 2, 1987;                               173          

      In Columbiana county, two judges, one to be elected in       175          

1952, term to begin January 1, 1953, and the second to be elected  176          

in 1956, term to begin January 1, 1957;                            177          

      In Delaware county, two judges, one to be elected in 1990,   179          

term to begin February 9, 1991, the second to be elected in 1994,  180          

term to begin January 1, 1995;                                     181          

      In Lake county, five SIX judges, one to be elected in 1958,  183          

term to begin January 1, 1959, the second to be elected in 1960,   184          

                                                          5      

                                                                 
term to begin January 2, 1961, the third to be elected in 1964,    185          

term to begin January 3, 1965, and the fourth and fifth to be      186          

elected in 1978, terms to begin on January 4, 1979, and January    187          

5, 1979, respectively, AND THE SIXTH TO BE ELECTED IN 2000, TERM   188          

TO BEGIN JANUARY 1, 2001;                                          189          

      In Licking county, three judges, one to be elected in 1954,  191          

term to begin February 9, 1955, one to be elected in 1964, term    192          

to begin January 1, 1965, and one to be elected in 1990, term to   193          

begin January 1, 1991;                                             194          

      In Lorain county, eight judges, two to be elected in 1952,   196          

terms to begin January 1, 1953, and January 2, 1953,               197          

respectively, one to be elected in 1958, term to begin January 3,  198          

1959, one to be elected in 1968, term to begin January 1, 1969,    199          

two to be elected in 1988, terms to begin January 4, 1989, and     201          

January 5, 1989, respectively, and two to be elected in 1998,                   

terms to begin January 2, 1999, and January 3, 1999,               202          

respectively;                                                                   

      In Butler county, eight judges, one to be elected in 1956,   204          

term to begin January 1, 1957; two to be elected in 1954, terms    205          

to begin January 1, 1955, and February 9, 1955, respectively; one  206          

to be elected in 1968, term to begin January 2, 1969; one to be    207          

elected in 1986, term to begin January 3, 1987; two to be elected  208          

in 1988, terms to begin January 1, 1989, and January 2, 1989,      209          

respectively; and one to be elected in 1992, term to begin         210          

January 4, 1993;                                                   211          

      In Richland county, three judges, one to be elected in       213          

1956, term to begin January 1, 1957, the second to be elected in   214          

1960, term to begin February 9, 1961, and the third to be elected  215          

in 1968, term to begin January 2, 1969;                            216          

      In Tuscarawas county, two judges, one to be elected in       218          

1956, term to begin January 1, 1957, and the second to be elected  219          

in 1960, term to begin January 2, 1961;                            220          

      In Wayne county, two judges, one to be elected in 1956,      222          

term beginning January 1, 1957, and one to be elected in 1968,     223          

                                                          6      

                                                                 
term to begin January 2, 1969;                                     224          

      In Trumbull county, six judges, one to be elected in 1952,   226          

term to begin January 1, 1953, the second to be elected in 1954,   227          

term to begin January 1, 1955, the third to be elected in 1956,    228          

term to begin January 1, 1957, the fourth to be elected in 1964,   229          

term to begin January 1, 1965, the fifth to be elected in 1976,    230          

term to begin January 2, 1977; and the sixth to be elected in      231          

1994, term to begin January 3, 1995;                               232          

      (C)  In Cuyahoga county, thirty-nine judges; eight to be     234          

elected in 1954, terms to begin on successive days beginning from  235          

January 1, 1955, to January 7, 1955, and February 9, 1955,         236          

respectively; eight to be elected in 1956, terms to begin on       237          

successive days beginning from January 1, 1957, to January 8,      238          

1957; three to be elected in 1952, terms to begin from January 1,  239          

1953, to January 3, 1953; two to be elected in 1960, terms to      240          

begin on January 8, 1961, and January 9, 1961, respectively; two   241          

to be elected in 1964, terms to begin January 4, 1965, and         242          

January 5, 1965, respectively; one to be elected in 1966, term to  243          

begin on January 10, 1967; four to be elected in 1968, terms to    244          

begin on successive days beginning from January 9, 1969, to        245          

January 12, 1969; two to be elected in 1974, terms to begin on     246          

January 18, 1975, and January 19, 1975, respectively; five to be   247          

elected in 1976, terms to begin on successive days beginning       248          

January 6, 1977, to January 10, 1977; two to be elected in 1982,   249          

terms to begin January 11, 1983, and January 12, 1983,             250          

respectively; and two to be elected in 1986, terms to begin        251          

January 13, 1987, and January 14, 1987, respectively;              252          

      In Franklin county, twenty-one judges; two to be elected in  255          

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

respectively; four to be elected in 1956, terms to begin January   256          

1, 1957, to January 4, 1957; four to be elected in 1958, terms to  257          

begin January 1, 1959, to January 4, 1959; three to be elected in  258          

1968, terms to begin January 5, 1969, to January 7, 1969; three    259          

to be elected in 1976, terms to begin on successive days           260          

                                                          7      

                                                                 
beginning January 5, 1977, to January 7, 1977; one to be elected   261          

in 1982, term to begin January 8, 1983; one to be elected in       262          

1986, term to begin January 9, 1987; two to be elected in 1990,    264          

terms to begin July 1, 1991, and July 2, 1991, respectively; and   265          

one to be elected in 1996, term to begin January 2, 1997;          266          

      In Hamilton county, twenty-one judges; eight to be elected   269          

in 1966, terms to begin January 1, 1967, January 2, 1967, and      270          

from February 9, 1967, to February 14, 1967, respectively; five    271          

to be elected in 1956, terms to begin from January 1, 1957, to     272          

January 5, 1957; one to be elected in 1964, term to begin January  273          

1, 1965; one to be elected in 1974, term to begin January 15,      274          

1975; one to be elected in 1980, term to begin January 16, 1981;   275          

two to be elected at large in the general election in 1982, terms  276          

to begin April 1, 1983; one to be elected in 1990, term to begin   277          

July 1, 1991; and two to be elected in 1996, terms to begin        278          

January 3, 1997, and January 4, 1997, respectively;                279          

      In Lucas county, fourteen judges; two to be elected in       281          

1954, terms to begin January 1, 1955, and February 9, 1955,        282          

respectively; two to be elected in 1956, terms to begin January    283          

1, 1957, and October 29, 1957, respectively; two to be elected in  284          

1952, terms to begin January 1, 1953, and January 2, 1953,         285          

respectively; one to be elected in 1964, term to begin January 3,  286          

1965; one to be elected in 1968, term to begin January 4, 1969;    287          

two to be elected in 1976, terms to begin January 4, 1977, and     288          

January 5, 1977, respectively; one to be elected in 1982, term to  289          

begin January 6, 1983; one to be elected in 1988, term to begin    290          

January 7, 1989; one to be elected in 1990, term to begin January  291          

2, 1991; and one to be elected in 1992, term to begin January 2,   292          

1993;                                                              293          

      In Mahoning county, seven judges; three to be elected in     295          

1954, terms to begin January 1, 1955, January 2, 1955, and         296          

February 9, 1955, respectively; one to be elected in 1956, term    297          

to begin January 1, 1957; one to be elected in 1952, term to       298          

begin January 1, 1953; one to be elected in 1968, term to begin    299          

                                                          8      

                                                                 
January 2, 1969; and one to be elected in 1990, term to begin      300          

July 1, 1991;                                                      301          

      In Montgomery county, fifteen judges; three to be elected    303          

in 1954, terms to begin January 1, 1955, January 2, 1955, and      304          

January 3, 1955, respectively; four to be elected in 1952, terms   305          

to begin January 1, 1953, January 2, 1953, July 1, 1953, July 2,   306          

1953, respectively; one to be elected in 1964, term to begin       307          

January 3, 1965; one to be elected in 1968, term to begin January  308          

3, 1969; three to be elected in 1976, terms to begin on            309          

successive days beginning January 4, 1977, to January 6, 1977;     310          

two to be elected in 1990, terms to begin July 1, 1991, and July   311          

2, 1991, respectively; and one to be elected in 1992, term to      312          

begin January 1, 1993.                                             313          

      In Stark county, eight judges; one to be elected in 1958,    315          

term to begin on January 2, 1959; two to be elected in 1954,       316          

terms to begin on January 1, 1955, and February 9, 1955,           317          

respectively; two to be elected in 1952, terms to begin January    318          

1, 1953, and April 16, 1953, respectively; one to be elected in    319          

1966, term to begin on January 4, 1967; and two to be elected in   320          

1992, terms to begin January 1, 1993, and January 2, 1993,         321          

respectively;                                                      322          

      In Summit county, eleven judges; four to be elected in       324          

1954, terms to begin January 1, 1955, January 2, 1955, January 3,  325          

1955, and February 9, 1955, respectively; three to be elected in   326          

1958, terms to begin January 1, 1959, January 2, 1959, and May     327          

17, 1959, respectively; one to be elected in 1966, term to begin   328          

January 4, 1967; one to be elected in 1968, term to begin January  329          

5, 1969; one to be elected in 1990, term to begin May 1, 1991;     330          

and one to be elected in 1992, term to begin January 6, 1993.      331          

      Notwithstanding the foregoing provisions, in any county      333          

having two or more judges of the court of common pleas, in which   334          

more than one-third of the judges plus one were previously         335          

elected at the same election, if the office of one of those        336          

judges so elected becomes vacant more than forty days prior to     337          

                                                          9      

                                                                 
the second general election preceding the expiration of that       338          

judge's term, the office that that judge had filled shall be       339          

abolished as of the date of the next general election, and a new   340          

office of judge of the court of common pleas shall be created.     341          

The judge who is to fill that new office shall be elected for a    342          

six-year term at the next general election, and the term of that   344          

judge shall commence on the first day of the year following that   345          

general election, on which day no other judge's term begins, so    346          

that the number of judges which such THAT THE county shall elect   347          

shall not be reduced.                                              349          

      Judges of the probate division of the court of common pleas  351          

are judges of the court of common pleas, but shall be elected      352          

pursuant to sections 2101.02 and 2101.021 of the Revised Code,     353          

except in Adams, Harrison, Henry, Morgan, Morrow, Noble, and       354          

Wyandot counties in which the judge of the court of common pleas   355          

elected pursuant to this section shall also SHALL serve as judge   356          

of the probate division.                                           358          

      Section 2.  That existing section 2301.02 of the Revised     360          

Code is hereby repealed.                                           361