As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 559 5
1999-2000 6
REPRESENTATIVES COUGHLIN-WILLIAMS 8
_________________________________________________________________ 9
A B I L L
To amend section 1901.31 of the Revised Code to 11
provide for the election of the clerk of the 12
Barberton and Cuyahoga Falls municipal courts in
a specified manner. 13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 15
Section 1. That section 1901.31 of the Revised Code be 17
amended to read as follows: 18
Sec. 1901.31. The clerk and deputy clerks of a municipal 27
court shall be selected, be compensated, give bond, and have 28
powers and duties as follows: 29
(A) There shall be a clerk of the court who is appointed 31
or elected as follows: 32
(1)(a) Except in the Akron, BARBERTON, CUYAHOGA FALLS, 35
Medina, Clermont county, Hamilton county, Portage county, and 37
Wayne county municipal courts, if the population of the territory 38
equals or exceeds one hundred thousand at the regular municipal 39
election immediately preceding the expiration of the term of the 40
present clerk, the clerk shall be nominated and elected by the 41
qualified electors of the territory in the manner that is 42
provided for the nomination and election of judges in section 43
1901.07 of the Revised Code.
The clerk so elected shall hold office for a term of six 45
years, which term shall commence on the first day of January 46
following the clerk's election and continue until the clerk's 47
successor is elected and qualified. 48
(b) In the Hamilton county municipal court, the clerk of 50
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courts of Hamilton county shall be the clerk of the municipal 51
court and may appoint an assistant clerk who shall receive the 52
compensation, payable out of the treasury of Hamilton county in 53
semimonthly installments, that the board of county commissioners 54
prescribes. The clerk of courts of Hamilton county, acting as 55
the clerk of the Hamilton county municipal court and assuming the 56
duties of that office, shall receive compensation at one-fourth 57
the rate that is prescribed for the clerks of courts of common 58
pleas as determined in accordance with the population of the 59
county and the rates set forth in sections 325.08 and 325.18 of 60
the Revised Code. This compensation shall be paid from the 61
county treasury in semimonthly installments and is in addition to 62
the annual compensation that is received for the performance of 63
the duties of the clerk of courts of Hamilton county, as provided 64
in sections 325.08 and 325.18 of the Revised Code. 65
(c) In the Portage county and Wayne county municipal 67
courts, the clerks of courts of Portage county and Wayne county 68
shall be the clerks, respectively, of the Portage county and 69
Wayne county municipal courts and may appoint a chief deputy 70
clerk for each branch that is established pursuant to section 71
1901.311 of the Revised Code and assistant clerks as the judges 72
of the municipal court determine are necessary, all of whom shall 73
receive the compensation that the legislative authority 74
prescribes. The clerks of courts of Portage county and Wayne 75
county, acting as the clerks of the Portage county and Wayne 76
county municipal courts and assuming the duties of these offices, 77
shall receive compensation payable from the county treasury in 78
semimonthly installments at one-fourth the rate that is 79
prescribed for the clerks of courts of common pleas as determined 80
in accordance with the population of the county and the rates set 81
forth in sections 325.08 and 325.18 of the Revised Code. 82
(d) Except as otherwise provided in division (A)(1)(d) of 84
this section, in the Akron municipal court, candidates for 85
election to the office of clerk of the court shall be nominated 86
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by primary election. The primary election shall be held on the 87
day specified in the charter of the city of Akron for the 88
nomination of municipal officers. Notwithstanding section 89
3513.257 of the Revised Code, the nominating petitions of 90
independent candidates shall be signed by at least two hundred 91
fifty qualified electors of the territory of the court. 92
The candidates shall file a declaration of candidacy and 94
petition, or a nominating petition, whichever is applicable, not 95
later than four p.m. of the seventy-fifth day before the day of 96
the primary election, in the form prescribed by section 3513.07 97
or 3513.261 of the Revised Code. The declaration of candidacy 98
and petition, or the nominating petition, shall conform to the 99
applicable requirements of section 3513.05 or 3513.257 of the 100
Revised Code. 101
If no valid declaration of candidacy and petition is filed 103
by any person for nomination as a candidate of a particular 104
political party for election to the office of clerk of the Akron 105
municipal court, a primary election shall not be held for the 106
purpose of nominating a candidate of that party for election to 107
that office. If only one person files a valid declaration of 108
candidacy and petition for nomination as a candidate of a 109
particular political party for election to that office, a primary 110
election shall not be held for the purpose of nominating a 111
candidate of that party for election to that office, and the 112
candidate shall be issued a certificate of nomination in the 113
manner set forth in section 3513.02 of the Revised Code. 114
Declarations of candidacy and petitions, nominating 116
petitions, and certificates of nomination for the office of clerk 117
of the Akron municipal court shall contain a designation of the 118
term for which the candidate seeks election. At the following 119
regular municipal election, all candidates for the office shall 120
be submitted to the qualified electors of the territory of the 121
court in the manner that is provided in section 1901.07 of the 122
Revised Code for the election of the judges of the court. The 123
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clerk so elected shall hold office for a term of six years, which 124
term shall commence on the first day of January following the 125
clerk's election and continue until the clerk's successor is 126
elected and qualified. 127
(e) In the Clermont county municipal court, the clerk of 129
courts of Clermont county shall be the clerk of the municipal 130
court. The clerk of courts of Clermont county, acting as the 131
clerk of the Clermont county municipal court and assuming the 132
duties of that office, shall receive compensation at one-fourth 133
the rate that is prescribed for the clerks of courts of common 134
pleas as determined in accordance with the population of the 135
county and the rates set forth in sections 325.08 and 325.18 of 136
the Revised Code. This compensation shall be paid from the 137
county treasury in semimonthly installments and is in addition to 138
the annual compensation that is received for the performance of 139
the duties of the clerk of courts of Clermont county, as provided 140
in sections 325.08 and 325.18 of the Revised Code. 141
(f) Irrespective of the population of the territory of the 143
Medina municipal court, the clerk of that court shall be 144
appointed pursuant to division (A)(2)(a) of this section by the 145
judges of that court, shall hold office until the clerk's 146
successor is similarly appointed and qualified, and shall receive 147
pursuant to division (C) of this section the annual compensation 148
that the legislative authority prescribes and that is payable in 149
semimonthly installments from the same sources and in the same 150
manner as provided in section 1901.11 of the Revised Code. 151
(g) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(1)(g) OF 154
THIS SECTION, IN THE BARBERTON MUNICIPAL COURT, CANDIDATES FOR 155
ELECTION TO THE OFFICE OF CLERK OF THE COURT SHALL BE NOMINATED 156
BY PRIMARY ELECTION. THE PRIMARY ELECTION SHALL BE HELD ON THE 157
DAY SPECIFIED IN THE CHARTER OF THE CITY OF BARBERTON FOR THE 158
NOMINATION OF MUNICIPAL OFFICERS. NOTWITHSTANDING SECTION 159
3513.257 OF THE REVISED CODE, THE NOMINATING PETITIONS OF 160
INDEPENDENT CANDIDATES SHALL BE SIGNED BY AT LEAST TWO HUNDRED 161
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FIFTY QUALIFIED ELECTORS OF THE TERRITORY OF THE COURT. 162
THE CANDIDATES SHALL FILE A DECLARATION OF CANDIDACY AND 164
PETITION, OR A NOMINATING PETITION, WHICHEVER IS APPLICABLE, NOT 165
LATER THAN FOUR p.m. OF THE SEVENTY-FIFTH DAY BEFORE THE DAY OF 166
THE PRIMARY ELECTION, IN THE FORM PRESCRIBED BY SECTION 3513.07 168
OR 3513.261 OF THE REVISED CODE. THE DECLARATION OF CANDIDACY 169
AND PETITION, OR THE NOMINATING PETITION, SHALL CONFORM TO THE 171
APPLICABLE REQUIREMENTS OF SECTION 3513.05 OR 3513.257 OF THE 172
REVISED CODE.
IF NO VALID DECLARATION OF CANDIDACY AND PETITION IS FILED 174
BY ANY PERSON FOR NOMINATION AS A CANDIDATE OF A PARTICULAR 175
POLITICAL PARTY FOR ELECTION TO THE OFFICE OF CLERK OF THE 176
BARBERTON MUNICIPAL COURT, A PRIMARY ELECTION SHALL NOT BE HELD 177
FOR THE PURPOSE OF NOMINATING A CANDIDATE OF THAT PARTY FOR 179
ELECTION TO THAT OFFICE. IF ONLY ONE PERSON FILES A VALID
DECLARATION OF CANDIDACY AND PETITION FOR NOMINATION AS A 181
CANDIDATE OF A PARTICULAR POLITICAL PARTY FOR ELECTION TO THAT 182
OFFICE, A PRIMARY ELECTION SHALL NOT BE HELD FOR THE PURPOSE OF 183
NOMINATING A CANDIDATE OF THAT PARTY FOR ELECTION TO THAT OFFICE, 184
AND THE CANDIDATE SHALL BE ISSUED A CERTIFICATE OF NOMINATION IN 185
THE MANNER SET FORTH IN SECTION 3513.02 OF THE REVISED CODE. 186
DECLARATIONS OF CANDIDACY AND PETITIONS, NOMINATING 188
PETITIONS, AND CERTIFICATES OF NOMINATION FOR THE OFFICE OF CLERK 189
OF THE BARBERTON MUNICIPAL COURT SHALL CONTAIN A DESIGNATION OF 190
THE TERM FOR WHICH THE CANDIDATE SEEKS ELECTION. AT THE 191
FOLLOWING REGULAR MUNICIPAL ELECTION, ALL CANDIDATES FOR THE 193
OFFICE SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE
TERRITORY OF THE COURT IN THE MANNER THAT IS PROVIDED IN SECTION 195
1901.07 OF THE REVISED CODE FOR THE ELECTION OF THE JUDGES OF THE 196
COURT. THE CLERK SO ELECTED SHALL HOLD OFFICE FOR A TERM OF SIX 197
YEARS, WHICH TERM SHALL COMMENCE ON THE FIRST DAY OF JANUARY 198
FOLLOWING THE CLERK'S ELECTION AND CONTINUE UNTIL THE CLERK'S 199
SUCCESSOR IS ELECTED AND QUALIFIED. 200
(h) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(1)(h) OF 203
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THIS SECTION, IN THE CUYAHOGA FALLS MUNICIPAL COURT, CANDIDATES 204
FOR ELECTION TO THE OFFICE OF CLERK OF THE COURT SHALL BE 206
NOMINATED BY PRIMARY ELECTION. THE PRIMARY ELECTION SHALL BE 207
HELD ON THE DAY SPECIFIED IN THE CHARTER OF THE CITY OF CUYAHOGA 208
FALLS FOR THE NOMINATION OF MUNICIPAL OFFICERS. NOTWITHSTANDING 209
SECTION 3513.257 OF THE REVISED CODE, THE NOMINATING PETITIONS OF 210
INDEPENDENT CANDIDATES SHALL BE SIGNED BY AT LEAST TWO HUNDRED 211
FIFTY QUALIFIED ELECTORS OF THE TERRITORY OF THE COURT. 212
THE CANDIDATES SHALL FILE A DECLARATION OF CANDIDACY AND 214
PETITION, OR A NOMINATING PETITION, WHICHEVER IS APPLICABLE, NOT 215
LATER THAN FOUR p.m. OF THE SEVENTY-FIFTH DAY BEFORE THE DAY OF 216
THE PRIMARY ELECTION, IN THE FORM PRESCRIBED BY SECTION 3513.07 218
OR 3513.261 OF THE REVISED CODE. THE DECLARATION OF CANDIDACY 219
AND PETITION, OR THE NOMINATING PETITION, SHALL CONFORM TO THE 222
APPLICABLE REQUIREMENTS OF SECTION 3513.05 OR 3513.257 OF THE 223
REVISED CODE.
IF NO VALID DECLARATION OF CANDIDACY AND PETITION IS FILED 225
BY ANY PERSON FOR NOMINATION AS A CANDIDATE OF A PARTICULAR 226
POLITICAL PARTY FOR ELECTION TO THE OFFICE OF CLERK OF THE 227
CUYAHOGA FALLS MUNICIPAL COURT, A PRIMARY ELECTION SHALL NOT BE 229
HELD FOR THE PURPOSE OF NOMINATING A CANDIDATE OF THAT PARTY FOR 230
ELECTION TO THAT OFFICE. IF ONLY ONE PERSON FILES A VALID 231
DECLARATION OF CANDIDACY AND PETITION FOR NOMINATION AS A 232
CANDIDATE OF A PARTICULAR POLITICAL PARTY FOR ELECTION TO THAT 233
OFFICE, A PRIMARY ELECTION SHALL NOT BE HELD FOR THE PURPOSE OF 234
NOMINATING A CANDIDATE OF THAT PARTY FOR ELECTION TO THAT OFFICE, 235
AND THE CANDIDATE SHALL BE ISSUED A CERTIFICATE OF NOMINATION IN 236
THE MANNER SET FORTH IN SECTION 3513.02 OF THE REVISED CODE. 237
DECLARATIONS OF CANDIDACY AND PETITIONS, NOMINATING 239
PETITIONS, AND CERTIFICATES OF NOMINATION FOR THE OFFICE OF CLERK 240
OF THE CUYAHOGA FALLS MUNICIPAL COURT SHALL CONTAIN A DESIGNATION 241
OF THE TERM FOR WHICH THE CANDIDATE SEEKS ELECTION. AT THE 242
FOLLOWING REGULAR MUNICIPAL ELECTION, ALL CANDIDATES FOR THE 243
OFFICE SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE 244
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TERRITORY OF THE COURT IN THE MANNER THAT IS PROVIDED IN SECTION 245
1901.07 OF THE REVISED CODE FOR THE ELECTION OF THE JUDGES OF THE 247
COURT. THE CLERK SO ELECTED SHALL HOLD OFFICE FOR A TERM OF SIX 249
YEARS, WHICH TERM SHALL COMMENCE ON THE FIRST DAY OF JANUARY 250
FOLLOWING THE CLERK'S ELECTION AND CONTINUE UNTIL THE CLERK'S 251
SUCCESSOR IS ELECTED AND QUALIFIED.
(2)(a) Except for the Alliance, Auglaize county, Lorain, 253
Massillon, and Youngstown municipal courts, in a municipal court 254
for which the population of the territory is less than one 256
hundred thousand and in the Medina municipal court, the clerk 257
shall be appointed by the court, and the clerk shall hold office 258
until the clerk's successor is appointed and qualified. 259
(b) In the Alliance, Lorain, Massillon, and Youngstown 261
municipal courts, the clerk shall be elected for a term of office 262
as described in division (A)(1)(a) of this section. 263
(c) In the Auglaize county municipal court, the clerk of 265
courts of Auglaize county shall be the clerk of the municipal 266
court and may appoint a chief deputy clerk for each branch that 267
is established pursuant to section 1901.311 of the Revised Code, 268
and assistant clerks as the judge of the court determines are 269
necessary, all of whom shall receive the compensation that the 270
legislative authority prescribes. The clerk of courts of 271
Auglaize county, acting as the clerk of the Auglaize county 272
municipal court and assuming the duties of that office, shall 273
receive compensation payable from the county treasury in 274
semimonthly installments at one-fourth the rate that is 275
prescribed for the clerks of courts of common pleas as determined 276
in accordance with the population of the county and the rates set 277
forth in sections 325.08 and 325.18 of the Revised Code. 278
(3) During the temporary absence of the clerk due to 280
illness, vacation, or other proper cause, the court may appoint a 281
temporary clerk, who shall be paid the same compensation, have 283
the same authority, and perform the same duties as the clerk. 284
(B) Except in the Clermont county, Hamilton county, 286
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Medina, Portage county, and Wayne county municipal courts, if a 288
vacancy occurs in the office of the clerk of the Alliance, 289
Lorain, Massillon, or Youngstown municipal court or occurs in the 290
office of the clerk of a municipal court for which the population 291
of the territory equals or exceeds one hundred thousand because 292
the clerk ceases to hold the office before the end of the clerk's 293
term or because a clerk-elect fails to take office, the vacancy 294
shall be filled, until a successor is elected and qualified, by a 295
person chosen by the residents of the territory of the court who 296
are members of the county central committee of the political 297
party by which the last occupant of that office or the 298
clerk-elect was nominated. Not less than five nor more than 299
fifteen days after a vacancy occurs, those members of that county 300
central committee shall meet to make an appointment to fill the 301
vacancy. At least four days before the date of the meeting, the 302
chairperson or a secretary of the county central committee shall 303
notify each such member of that county central committee by first 304
class mail of the date, time, and place of the meeting and its 306
purpose. A majority of all such members of that county central 307
committee constitutes a quorum, and a majority of the quorum is 308
required to make the appointment. If the office so vacated was 309
occupied or was to be occupied by a person not nominated at a 310
primary election, or if the appointment was not made by the 311
committee members in accordance with this division, the court 312
shall make an appointment to fill the vacancy. A successor shall 313
be elected to fill the office for the unexpired term at the first 314
municipal election that is held more than one hundred twenty days 315
after the vacancy occurred. 316
(C) In a municipal court, other than the Auglaize county 318
municipal court, for which the population of the territory is 319
less than one hundred thousand and in the Medina municipal court, 321
the clerk of a municipal court shall receive the annual 322
compensation that the legislative authority prescribes. In a 323
municipal court, other than the Clermont county, Hamilton county, 324
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Medina, Portage county, and Wayne county municipal courts, for 326
which the population of the territory is one hundred thousand or 327
more, the clerk of a municipal court shall receive annual 328
compensation in a sum equal to eighty-five per cent of the salary 329
of a judge of the court. The compensation is payable in 330
semimonthly installments from the same sources and in the same 331
manner as provided in section 1901.11 of the Revised Code. 332
(D) Before entering upon the duties of the clerk's office, 334
the clerk of a municipal court shall give bond of not less than 335
six thousand dollars to be determined by the judges of the court, 336
conditioned upon the faithful performance of the clerk's duties. 337
(E) The clerk of a municipal court may do all of the 339
following: administer oaths, take affidavits, and issue 340
executions upon any judgment rendered in the court, including a 341
judgment for unpaid costs; issue, sign, and attach the seal of 342
the court to all writs, process, subpoenas, and papers issuing 343
out of the court; and approve all bonds, sureties, recognizances, 344
and undertakings fixed by any judge of the court or by law. The 345
clerk may refuse to accept for filing any pleading or paper 346
submitted for filing by a person who has been found to be a 347
vexatious litigator under section 2323.52 of the Revised Code and 348
who has failed to obtain leave to proceed under that section. 349
The clerk shall do all of the following: file and safely keep 350
all journals, records, books, and papers belonging or 351
appertaining to the court; record the proceedings of the court; 352
perform all other duties that the judges of the court may 353
prescribe; and keep a book showing all receipts and 354
disbursements, which book shall be open for public inspection at 355
all times.
The clerk shall prepare and maintain a general index, a 357
docket, and other records that the court, by rule, requires, all 358
of which shall be the public records of the court. In the 359
docket, the clerk shall enter, at the time of the commencement of 360
an action, the names of the parties in full, the names of the 361
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counsel, and the nature of the proceedings. Under proper dates, 362
the clerk shall note the filing of the complaint, issuing of 363
summons or other process, returns, and any subsequent pleadings. 364
The clerk also shall enter all reports, verdicts, orders, 365
judgments, and proceedings of the court, clearly specifying the 366
relief granted or orders made in each action. The court may 367
order an extended record of any of the above to be made and 368
entered, under the proper action heading, upon the docket at the 369
request of any party to the case, the expense of which record may 370
be taxed as costs in the case or may be required to be prepaid by 371
the party demanding the record, upon order of the court. 372
(F) The clerk of a municipal court shall receive, collect, 374
and issue receipts for all costs, fees, fines, bail, and other 375
moneys payable to the office or to any officer of the court. The 376
clerk shall each month disburse to the proper persons or 377
officers, and take receipts for, all costs, fees, fines, bail, 378
and other moneys that the clerk collects. Subject to sections 379
3375.50 and 4511.193 of the Revised Code and to any other section 381
of the Revised Code that requires a specific manner of 382
disbursement of any moneys received by a municipal court and 383
except for the Hamilton county, Lawrence county, and Ottawa 384
county municipal courts, the clerk shall pay all fines received 385
for violation of municipal ordinances into the treasury of the 386
municipal corporation the ordinance of which was violated and 387
shall pay all fines received for violation of township 388
resolutions adopted pursuant to Chapter 504. of the Revised Code 389
into the treasury of the township the resolution of which was 390
violated. Subject to sections 1901.024 and 4511.193 of the 391
Revised Code, in the Hamilton county, Lawrence county, and Ottawa
county municipal courts, the clerk shall pay fifty per cent of 392
the fines received for violation of municipal ordinances and 393
fifty per cent of the fines received for violation of township 394
resolutions adopted pursuant to Chapter 504. of the Revised Code 395
into the treasury of the county. Subject to sections 3375.50, 396
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3375.53, 4511.99, and 5503.04 of the Revised Code and to any 397
other section of the Revised Code that requires a specific manner 398
of disbursement of any moneys received by a municipal court, the 399
clerk shall pay all fines collected for the violation of state 400
laws into the county treasury. Except in a county-operated 401
municipal court, the clerk shall pay all costs and fees the 402
disbursement of which is not otherwise provided for in the 403
Revised Code into the city treasury. The clerk of a 404
county-operated municipal court shall pay the costs and fees the 405
disbursement of which is not otherwise provided for in the 406
Revised Code into the county treasury. Moneys deposited as 407
security for costs shall be retained pending the litigation. The 408
clerk shall keep a separate account of all receipts and 409
disbursements in civil and criminal cases, which shall be a 410
permanent public record of the office. On the expiration of the 411
term of the clerk, the clerk shall deliver the records to the 412
clerk's successor. The clerk shall have other powers and duties 413
as are prescribed by rule or order of the court. 414
(G) All moneys paid into a municipal court shall be noted 416
on the record of the case in which they are paid and shall be 417
deposited in a state or national bank, or a domestic savings and 418
loan association, as defined in section 1151.01 of the Revised 419
Code, that is selected by the clerk. Any interest received upon 420
the deposits shall be paid into the city treasury, except that, 421
in a county-operated municipal court, the interest shall be paid 422
into the treasury of the county in which the court is located. 423
On the first Monday in January of each year, the clerk 425
shall make a list of the titles of all cases in the court that 426
were finally determined more than one year past in which there 427
remains unclaimed in the possession of the clerk any funds, or 428
any part of a deposit for security of costs not consumed by the 429
costs in the case. The clerk shall give notice of the moneys to 430
the parties who are entitled to the moneys or to their attorneys 431
of record. All the moneys remaining unclaimed on the first day 432
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of April of each year shall be paid by the clerk to the city 433
treasurer, except that, in a county-operated municipal court, the 434
moneys shall be paid to the treasurer of the county in which the 435
court is located. The treasurer shall pay any part of the moneys 437
at any time to the person who has the right to the moneys upon 438
proper certification of the clerk.
(H) Deputy clerks may be appointed by the clerk and shall 440
receive the compensation, payable in semimonthly installments out 441
of the city treasury, that the clerk may prescribe, except that 442
the compensation of any deputy clerk of a county-operated 443
municipal court shall be paid out of the treasury of the county 444
in which the court is located. Each deputy clerk shall take an 445
oath of office before entering upon the duties of the deputy 446
clerk's office and, when so qualified, may perform the duties 447
appertaining to the office of the clerk. The clerk may require 448
any of the deputy clerks to give bond of not less than three 449
thousand dollars, conditioned for the faithful performance of the 450
deputy clerk's duties.
(I) For the purposes of this section, whenever the 452
population of the territory of a municipal court falls below one 453
hundred thousand but not below ninety thousand, and the 454
population of the territory prior to the most recent regular 455
federal census exceeded one hundred thousand, the legislative 456
authority of the municipal corporation may declare, by 457
resolution, that the territory shall be considered to have a 458
population of at least one hundred thousand. 459
(J) The clerk or a deputy clerk shall be in attendance at 461
all sessions of the municipal court, although not necessarily in 462
the courtroom, and may administer oaths to witnesses and jurors 463
and receive verdicts. 464
Section 2. That existing section 1901.31 of the Revised 466
Code is hereby repealed. 467