As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 559 5
1999-2000 6
REPRESENTATIVES COUGHLIN-WILLIAMS-CALLENDER-TIBERI-TRAKAS 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, Cuyahoga Falls, and Toledo municipal
courts in a specified manner and to provide that 13
the salary of the clerk of the Lorain County 14
Municipal Court is 85 per cent of the salary of a
judge of that court.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That section 1901.31 of the Revised Code be 18
amended to read as follows: 19
Sec. 1901.31. The clerk and deputy clerks of a municipal 28
court shall be selected, be compensated, give bond, and have 29
powers and duties as follows: 30
(A) There shall be a clerk of the court who is appointed 32
or elected as follows: 33
(1)(a) Except in the Akron, BARBERTON, CUYAHOGA FALLS, 36
Medina, TOLEDO, Clermont county, Hamilton county, Portage county, 39
and Wayne county municipal courts, if the population of the 40
territory equals or exceeds one hundred thousand at the regular 41
municipal election immediately preceding the expiration of the 42
term of the present clerk, the clerk shall be nominated and 43
elected by the qualified electors of the territory in the manner 44
that is provided for the nomination and election of judges in 45
section 1901.07 of the Revised Code.
The clerk so elected shall hold office for a term of six 47
years, which term shall commence on the first day of January 48
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following the clerk's election and continue until the clerk's 49
successor is elected and qualified. 50
(b) In the Hamilton county municipal court, the clerk of 52
courts of Hamilton county shall be the clerk of the municipal 53
court and may appoint an assistant clerk who shall receive the 54
compensation, payable out of the treasury of Hamilton county in 55
semimonthly installments, that the board of county commissioners 56
prescribes. The clerk of courts of Hamilton county, acting as 57
the clerk of the Hamilton county municipal court and assuming the 58
duties of that office, shall receive compensation at one-fourth 59
the rate that is prescribed for the clerks of courts of common 60
pleas as determined in accordance with the population of the 61
county and the rates set forth in sections 325.08 and 325.18 of 62
the Revised Code. This compensation shall be paid from the 63
county treasury in semimonthly installments and is in addition to 64
the annual compensation that is received for the performance of 65
the duties of the clerk of courts of Hamilton county, as provided 66
in sections 325.08 and 325.18 of the Revised Code. 67
(c) In the Portage county and Wayne county municipal 69
courts, the clerks of courts of Portage county and Wayne county 70
shall be the clerks, respectively, of the Portage county and 71
Wayne county municipal courts and may appoint a chief deputy 72
clerk for each branch that is established pursuant to section 73
1901.311 of the Revised Code and assistant clerks as the judges 74
of the municipal court determine are necessary, all of whom shall 75
receive the compensation that the legislative authority 76
prescribes. The clerks of courts of Portage county and Wayne 77
county, acting as the clerks of the Portage county and Wayne 78
county municipal courts and assuming the duties of these offices, 79
shall receive compensation payable from the county treasury in 80
semimonthly installments at one-fourth the rate that is 81
prescribed for the clerks of courts of common pleas as determined 82
in accordance with the population of the county and the rates set 83
forth in sections 325.08 and 325.18 of the Revised Code. 84
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(d) Except as otherwise provided in division (A)(1)(d) of 86
this section, in the Akron municipal court, candidates for 87
election to the office of clerk of the court shall be nominated 88
by primary election. The primary election shall be held on the 89
day specified in the charter of the city of Akron for the 90
nomination of municipal officers. Notwithstanding section 91
3513.257 of the Revised Code, the nominating petitions of 92
independent candidates shall be signed by at least two hundred 93
fifty qualified electors of the territory of the court. 94
The candidates shall file a declaration of candidacy and 96
petition, or a nominating petition, whichever is applicable, not 97
later than four p.m. of the seventy-fifth day before the day of 98
the primary election, in the form prescribed by section 3513.07 99
or 3513.261 of the Revised Code. The declaration of candidacy 100
and petition, or the nominating petition, shall conform to the 101
applicable requirements of section 3513.05 or 3513.257 of the 102
Revised Code. 103
If no valid declaration of candidacy and petition is filed 105
by any person for nomination as a candidate of a particular 106
political party for election to the office of clerk of the Akron 107
municipal court, a primary election shall not be held for the 108
purpose of nominating a candidate of that party for election to 109
that office. If only one person files a valid declaration of 110
candidacy and petition for nomination as a candidate of a 111
particular political party for election to that office, a primary 112
election shall not be held for the purpose of nominating a 113
candidate of that party for election to that office, and the 114
candidate shall be issued a certificate of nomination in the 115
manner set forth in section 3513.02 of the Revised Code. 116
Declarations of candidacy and petitions, nominating 118
petitions, and certificates of nomination for the office of clerk 119
of the Akron municipal court shall contain a designation of the 120
term for which the candidate seeks election. At the following 121
regular municipal election, all candidates for the office shall 122
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be submitted to the qualified electors of the territory of the 123
court in the manner that is provided in section 1901.07 of the 124
Revised Code for the election of the judges of the court. The 125
clerk so elected shall hold office for a term of six years, which 126
term shall commence on the first day of January following the 127
clerk's election and continue until the clerk's successor is 128
elected and qualified. 129
(e) In the Clermont county municipal court, the clerk of 131
courts of Clermont county shall be the clerk of the municipal 132
court. The clerk of courts of Clermont county, acting as the 133
clerk of the Clermont county municipal court and assuming the 134
duties of that office, shall receive compensation at one-fourth 135
the rate that is prescribed for the clerks of courts of common 136
pleas as determined in accordance with the population of the 137
county and the rates set forth in sections 325.08 and 325.18 of 138
the Revised Code. This compensation shall be paid from the 139
county treasury in semimonthly installments and is in addition to 140
the annual compensation that is received for the performance of 141
the duties of the clerk of courts of Clermont county, as provided 142
in sections 325.08 and 325.18 of the Revised Code. 143
(f) Irrespective of the population of the territory of the 145
Medina municipal court, the clerk of that court shall be 146
appointed pursuant to division (A)(2)(a) of this section by the 147
judges of that court, shall hold office until the clerk's 148
successor is similarly appointed and qualified, and shall receive 149
pursuant to division (C) of this section the annual compensation 150
that the legislative authority prescribes and that is payable in 151
semimonthly installments from the same sources and in the same 152
manner as provided in section 1901.11 of the Revised Code. 153
(g) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(1)(g) OF 156
THIS SECTION, IN THE BARBERTON MUNICIPAL COURT, CANDIDATES FOR 157
ELECTION TO THE OFFICE OF CLERK OF THE COURT SHALL BE NOMINATED 158
BY PRIMARY ELECTION. THE PRIMARY ELECTION SHALL BE HELD ON THE 159
DAY SPECIFIED IN THE CHARTER OF THE CITY OF BARBERTON FOR THE 160
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NOMINATION OF MUNICIPAL OFFICERS. NOTWITHSTANDING SECTION 161
3513.257 OF THE REVISED CODE, THE NOMINATING PETITIONS OF 162
INDEPENDENT CANDIDATES SHALL BE SIGNED BY AT LEAST TWO HUNDRED 163
FIFTY QUALIFIED ELECTORS OF THE TERRITORY OF THE COURT. 164
THE CANDIDATES SHALL FILE A DECLARATION OF CANDIDACY AND 166
PETITION, OR A NOMINATING PETITION, WHICHEVER IS APPLICABLE, NOT 167
LATER THAN FOUR p.m. OF THE SEVENTY-FIFTH DAY BEFORE THE DAY OF 168
THE PRIMARY ELECTION, IN THE FORM PRESCRIBED BY SECTION 3513.07 170
OR 3513.261 OF THE REVISED CODE. THE DECLARATION OF CANDIDACY 171
AND PETITION, OR THE NOMINATING PETITION, SHALL CONFORM TO THE 173
APPLICABLE REQUIREMENTS OF SECTION 3513.05 OR 3513.257 OF THE 174
REVISED CODE.
IF NO VALID DECLARATION OF CANDIDACY AND PETITION IS FILED 176
BY ANY PERSON FOR NOMINATION AS A CANDIDATE OF A PARTICULAR 177
POLITICAL PARTY FOR ELECTION TO THE OFFICE OF CLERK OF THE 178
BARBERTON MUNICIPAL COURT, A PRIMARY ELECTION SHALL NOT BE HELD 179
FOR THE PURPOSE OF NOMINATING A CANDIDATE OF THAT PARTY FOR 181
ELECTION TO THAT OFFICE. IF ONLY ONE PERSON FILES A VALID
DECLARATION OF CANDIDACY AND PETITION FOR NOMINATION AS A 183
CANDIDATE OF A PARTICULAR POLITICAL PARTY FOR ELECTION TO THAT 184
OFFICE, A PRIMARY ELECTION SHALL NOT BE HELD FOR THE PURPOSE OF 185
NOMINATING A CANDIDATE OF THAT PARTY FOR ELECTION TO THAT OFFICE, 186
AND THE CANDIDATE SHALL BE ISSUED A CERTIFICATE OF NOMINATION IN 187
THE MANNER SET FORTH IN SECTION 3513.02 OF THE REVISED CODE. 188
DECLARATIONS OF CANDIDACY AND PETITIONS, NOMINATING 190
PETITIONS, AND CERTIFICATES OF NOMINATION FOR THE OFFICE OF CLERK 191
OF THE BARBERTON MUNICIPAL COURT SHALL CONTAIN A DESIGNATION OF 192
THE TERM FOR WHICH THE CANDIDATE SEEKS ELECTION. AT THE 193
FOLLOWING REGULAR MUNICIPAL ELECTION, ALL CANDIDATES FOR THE 195
OFFICE SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE
TERRITORY OF THE COURT IN THE MANNER THAT IS PROVIDED IN SECTION 197
1901.07 OF THE REVISED CODE FOR THE ELECTION OF THE JUDGES OF THE 198
COURT. THE CLERK SO ELECTED SHALL HOLD OFFICE FOR A TERM OF SIX 199
YEARS, WHICH TERM SHALL COMMENCE ON THE FIRST DAY OF JANUARY 200
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FOLLOWING THE CLERK'S ELECTION AND CONTINUE UNTIL THE CLERK'S 201
SUCCESSOR IS ELECTED AND QUALIFIED. 202
(h) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(1)(h) OF 205
THIS SECTION, IN THE CUYAHOGA FALLS MUNICIPAL COURT, CANDIDATES 206
FOR ELECTION TO THE OFFICE OF CLERK OF THE COURT SHALL BE 208
NOMINATED BY PRIMARY ELECTION. THE PRIMARY ELECTION SHALL BE 209
HELD ON THE DAY SPECIFIED IN THE CHARTER OF THE CITY OF CUYAHOGA 210
FALLS FOR THE NOMINATION OF MUNICIPAL OFFICERS. NOTWITHSTANDING 211
SECTION 3513.257 OF THE REVISED CODE, THE NOMINATING PETITIONS OF 212
INDEPENDENT CANDIDATES SHALL BE SIGNED BY AT LEAST TWO HUNDRED 213
FIFTY QUALIFIED ELECTORS OF THE TERRITORY OF THE COURT. 214
THE CANDIDATES SHALL FILE A DECLARATION OF CANDIDACY AND 216
PETITION, OR A NOMINATING PETITION, WHICHEVER IS APPLICABLE, NOT 217
LATER THAN FOUR p.m. OF THE SEVENTY-FIFTH DAY BEFORE THE DAY OF 218
THE PRIMARY ELECTION, IN THE FORM PRESCRIBED BY SECTION 3513.07 220
OR 3513.261 OF THE REVISED CODE. THE DECLARATION OF CANDIDACY 221
AND PETITION, OR THE NOMINATING PETITION, SHALL CONFORM TO THE 224
APPLICABLE REQUIREMENTS OF SECTION 3513.05 OR 3513.257 OF THE 225
REVISED CODE.
IF NO VALID DECLARATION OF CANDIDACY AND PETITION IS FILED 227
BY ANY PERSON FOR NOMINATION AS A CANDIDATE OF A PARTICULAR 228
POLITICAL PARTY FOR ELECTION TO THE OFFICE OF CLERK OF THE 229
CUYAHOGA FALLS MUNICIPAL COURT, A PRIMARY ELECTION SHALL NOT BE 231
HELD FOR THE PURPOSE OF NOMINATING A CANDIDATE OF THAT PARTY FOR 232
ELECTION TO THAT OFFICE. IF ONLY ONE PERSON FILES A VALID 233
DECLARATION OF CANDIDACY AND PETITION FOR NOMINATION AS A 234
CANDIDATE OF A PARTICULAR POLITICAL PARTY FOR ELECTION TO THAT 235
OFFICE, A PRIMARY ELECTION SHALL NOT BE HELD FOR THE PURPOSE OF 236
NOMINATING A CANDIDATE OF THAT PARTY FOR ELECTION TO THAT OFFICE, 237
AND THE CANDIDATE SHALL BE ISSUED A CERTIFICATE OF NOMINATION IN 238
THE MANNER SET FORTH IN SECTION 3513.02 OF THE REVISED CODE. 239
DECLARATIONS OF CANDIDACY AND PETITIONS, NOMINATING 241
PETITIONS, AND CERTIFICATES OF NOMINATION FOR THE OFFICE OF CLERK 242
OF THE CUYAHOGA FALLS MUNICIPAL COURT SHALL CONTAIN A DESIGNATION 243
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OF THE TERM FOR WHICH THE CANDIDATE SEEKS ELECTION. AT THE 244
FOLLOWING REGULAR MUNICIPAL ELECTION, ALL CANDIDATES FOR THE 245
OFFICE SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE 246
TERRITORY OF THE COURT IN THE MANNER THAT IS PROVIDED IN SECTION 247
1901.07 OF THE REVISED CODE FOR THE ELECTION OF THE JUDGES OF THE 249
COURT. THE CLERK SO ELECTED SHALL HOLD OFFICE FOR A TERM OF SIX 251
YEARS, WHICH TERM SHALL COMMENCE ON THE FIRST DAY OF JANUARY 252
FOLLOWING THE CLERK'S ELECTION AND CONTINUE UNTIL THE CLERK'S 253
SUCCESSOR IS ELECTED AND QUALIFIED.
(i) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(1)(i) OF 256
THIS SECTION, IN THE TOLEDO MUNICIPAL COURT, CANDIDATES FOR 257
ELECTION TO THE OFFICE OF CLERK OF THE COURT SHALL BE NOMINATED 258
BY PRIMARY ELECTION. THE PRIMARY ELECTION SHALL BE HELD ON THE 259
DAY SPECIFIED IN THE CHARTER OF THE CITY OF TOLEDO FOR THE 260
NOMINATION OF MUNICIPAL OFFICERS. NOTWITHSTANDING SECTION 261
3513.257 OF THE REVISED CODE, THE NOMINATING PETITIONS OF 262
INDEPENDENT CANDIDATES SHALL BE SIGNED BY AT LEAST TWO HUNDRED 263
FIFTY QUALIFIED ELECTORS OF THE TERRITORY OF THE COURT. 264
THE CANDIDATES SHALL FILE A DECLARATION OF CANDIDACY AND 266
PETITION, OR A NOMINATING PETITION, WHICHEVER IS APPLICABLE, NOT 267
LATER THAN FOUR p.m. OF THE SEVENTY-FIFTH DAY BEFORE THE DAY OF 268
THE PRIMARY ELECTION, IN THE FORM PRESCRIBED BY SECTION 3513.07 270
OR 3513.261 OF THE REVISED CODE. THE DECLARATION OF CANDIDACY 271
AND PETITION, OR THE NOMINATING PETITION, SHALL CONFORM TO THE 273
APPLICABLE REQUIREMENTS OF SECTION 3513.05 OR 3513.257 OF THE 274
REVISED CODE.
IF NO VALID DECLARATION OF CANDIDACY AND PETITION IS FILED 276
BY ANY PERSON FOR NOMINATION AS A CANDIDATE OF A PARTICULAR 277
POLITICAL PARTY FOR ELECTION TO THE OFFICE OF CLERK OF THE TOLEDO 278
MUNICIPAL COURT, A PRIMARY ELECTION SHALL NOT BE HELD FOR THE 279
PURPOSE OF NOMINATING A CANDIDATE OF THAT PARTY FOR ELECTION TO 281
THAT OFFICE. IF ONLY ONE PERSON FILES A VALID DECLARATION OF 282
CANDIDACY AND PETITION FOR NOMINATION AS A CANDIDATE OF A 283
PARTICULAR POLITICAL PARTY FOR ELECTION TO THAT OFFICE, A PRIMARY 284
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ELECTION SHALL NOT BE HELD FOR THE PURPOSE OF NOMINATING A 285
CANDIDATE OF THAT PARTY FOR ELECTION TO THAT OFFICE, AND THE 286
CANDIDATE SHALL BE ISSUED A CERTIFICATE OF NOMINATION IN THE 287
MANNER SET FORTH IN SECTION 3513.02 OF THE REVISED CODE. 288
DECLARATIONS OF CANDIDACY AND PETITIONS, NOMINATING 290
PETITIONS, AND CERTIFICATES OF NOMINATION FOR THE OFFICE OF CLERK 291
OF THE TOLEDO MUNICIPAL COURT SHALL CONTAIN A DESIGNATION OF THE 292
TERM FOR WHICH THE CANDIDATE SEEKS ELECTION. AT THE FOLLOWING 293
REGULAR MUNICIPAL ELECTION, ALL CANDIDATES FOR THE OFFICE SHALL 295
BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE TERRITORY OF THE 296
COURT IN THE MANNER THAT IS PROVIDED IN SECTION 1901.07 OF THE 298
REVISED CODE FOR THE ELECTION OF THE JUDGES OF THE COURT. THE 299
CLERK SO ELECTED SHALL HOLD OFFICE FOR A TERM OF SIX YEARS, WHICH
TERM SHALL COMMENCE ON THE FIRST DAY OF JANUARY FOLLOWING THE 300
CLERK'S ELECTION AND CONTINUE UNTIL THE CLERK'S SUCCESSOR IS 301
ELECTED AND QUALIFIED. 302
(2)(a) Except for the Alliance, Auglaize county, Lorain, 304
Massillon, and Youngstown municipal courts, in a municipal court 305
for which the population of the territory is less than one 307
hundred thousand and in the Medina municipal court, the clerk 308
shall be appointed by the court, and the clerk shall hold office 309
until the clerk's successor is appointed and qualified. 310
(b) In the Alliance, Lorain, Massillon, and Youngstown 312
municipal courts, the clerk shall be elected for a term of office 313
as described in division (A)(1)(a) of this section. 314
(c) In the Auglaize county municipal court, the clerk of 316
courts of Auglaize county shall be the clerk of the municipal 317
court and may appoint a chief deputy clerk for each branch that 318
is established pursuant to section 1901.311 of the Revised Code, 319
and assistant clerks as the judge of the court determines are 320
necessary, all of whom shall receive the compensation that the 321
legislative authority prescribes. The clerk of courts of 322
Auglaize county, acting as the clerk of the Auglaize county 323
municipal court and assuming the duties of that office, shall 324
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receive compensation payable from the county treasury in 325
semimonthly installments at one-fourth the rate that is 326
prescribed for the clerks of courts of common pleas as determined 327
in accordance with the population of the county and the rates set 328
forth in sections 325.08 and 325.18 of the Revised Code. 329
(3) During the temporary absence of the clerk due to 331
illness, vacation, or other proper cause, the court may appoint a 332
temporary clerk, who shall be paid the same compensation, have 334
the same authority, and perform the same duties as the clerk. 335
(B) Except in the Clermont county, Hamilton county, 337
Medina, Portage county, and Wayne county municipal courts, if a 339
vacancy occurs in the office of the clerk of the Alliance, 340
Lorain, Massillon, or Youngstown municipal court or occurs in the 341
office of the clerk of a municipal court for which the population 342
of the territory equals or exceeds one hundred thousand because 343
the clerk ceases to hold the office before the end of the clerk's 344
term or because a clerk-elect fails to take office, the vacancy 345
shall be filled, until a successor is elected and qualified, by a 346
person chosen by the residents of the territory of the court who 347
are members of the county central committee of the political 348
party by which the last occupant of that office or the 349
clerk-elect was nominated. Not less than five nor more than 350
fifteen days after a vacancy occurs, those members of that county 351
central committee shall meet to make an appointment to fill the 352
vacancy. At least four days before the date of the meeting, the 353
chairperson or a secretary of the county central committee shall 354
notify each such member of that county central committee by first 355
class mail of the date, time, and place of the meeting and its 357
purpose. A majority of all such members of that county central 358
committee constitutes a quorum, and a majority of the quorum is 359
required to make the appointment. If the office so vacated was 360
occupied or was to be occupied by a person not nominated at a 361
primary election, or if the appointment was not made by the 362
committee members in accordance with this division, the court 363
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shall make an appointment to fill the vacancy. A successor shall 364
be elected to fill the office for the unexpired term at the first 365
municipal election that is held more than one hundred twenty days 366
after the vacancy occurred. 367
(C) In a municipal court, other than the Auglaize county 369
AND THE LORAIN COUNTY municipal court COURTS, for which the 370
population of the territory is less than one hundred thousand and 372
in the Medina municipal court, the clerk of a THE municipal court 373
shall receive the annual compensation that the legislative 374
authority prescribes. In a municipal court, other than the 375
Clermont county, Hamilton county, Medina, Portage county, and 377
Wayne county municipal courts, for which the population of the 378
territory is one hundred thousand or more, AND IN THE LORAIN 379
COUNTY MUNICIPAL COURT, the clerk of a THE municipal court shall 381
receive annual compensation in a sum equal to eighty-five per 382
cent of the salary of a judge of the court. The compensation is 383
payable in semimonthly installments from the same sources and in 384
the same manner as provided in section 1901.11 of the Revised
Code. 385
(D) Before entering upon the duties of the clerk's office, 387
the clerk of a municipal court shall give bond of not less than 388
six thousand dollars to be determined by the judges of the court, 389
conditioned upon the faithful performance of the clerk's duties. 390
(E) The clerk of a municipal court may do all of the 392
following: administer oaths, take affidavits, and issue 393
executions upon any judgment rendered in the court, including a 394
judgment for unpaid costs; issue, sign, and attach the seal of 395
the court to all writs, process, subpoenas, and papers issuing 396
out of the court; and approve all bonds, sureties, recognizances, 397
and undertakings fixed by any judge of the court or by law. The 398
clerk may refuse to accept for filing any pleading or paper 399
submitted for filing by a person who has been found to be a 400
vexatious litigator under section 2323.52 of the Revised Code and 401
who has failed to obtain leave to proceed under that section. 402
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The clerk shall do all of the following: file and safely keep 403
all journals, records, books, and papers belonging or 404
appertaining to the court; record the proceedings of the court; 405
perform all other duties that the judges of the court may 406
prescribe; and keep a book showing all receipts and 407
disbursements, which book shall be open for public inspection at 408
all times.
The clerk shall prepare and maintain a general index, a 410
docket, and other records that the court, by rule, requires, all 411
of which shall be the public records of the court. In the 412
docket, the clerk shall enter, at the time of the commencement of 413
an action, the names of the parties in full, the names of the 414
counsel, and the nature of the proceedings. Under proper dates, 415
the clerk shall note the filing of the complaint, issuing of 416
summons or other process, returns, and any subsequent pleadings. 417
The clerk also shall enter all reports, verdicts, orders, 418
judgments, and proceedings of the court, clearly specifying the 419
relief granted or orders made in each action. The court may 420
order an extended record of any of the above to be made and 421
entered, under the proper action heading, upon the docket at the 422
request of any party to the case, the expense of which record may 423
be taxed as costs in the case or may be required to be prepaid by 424
the party demanding the record, upon order of the court. 425
(F) The clerk of a municipal court shall receive, collect, 427
and issue receipts for all costs, fees, fines, bail, and other 428
moneys payable to the office or to any officer of the court. The 429
clerk shall each month disburse to the proper persons or 430
officers, and take receipts for, all costs, fees, fines, bail, 431
and other moneys that the clerk collects. Subject to sections 432
3375.50 and 4511.193 of the Revised Code and to any other section 434
of the Revised Code that requires a specific manner of 435
disbursement of any moneys received by a municipal court and 436
except for the Hamilton county, Lawrence county, and Ottawa 437
county municipal courts, the clerk shall pay all fines received 438
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for violation of municipal ordinances into the treasury of the 439
municipal corporation the ordinance of which was violated and 440
shall pay all fines received for violation of township 441
resolutions adopted pursuant to Chapter 504. of the Revised Code 442
into the treasury of the township the resolution of which was 443
violated. Subject to sections 1901.024 and 4511.193 of the 444
Revised Code, in the Hamilton county, Lawrence county, and Ottawa
county municipal courts, the clerk shall pay fifty per cent of 445
the fines received for violation of municipal ordinances and 446
fifty per cent of the fines received for violation of township 447
resolutions adopted pursuant to Chapter 504. of the Revised Code 448
into the treasury of the county. Subject to sections 3375.50, 449
3375.53, 4511.99, and 5503.04 of the Revised Code and to any 450
other section of the Revised Code that requires a specific manner 451
of disbursement of any moneys received by a municipal court, the 452
clerk shall pay all fines collected for the violation of state 453
laws into the county treasury. Except in a county-operated 454
municipal court, the clerk shall pay all costs and fees the 455
disbursement of which is not otherwise provided for in the 456
Revised Code into the city treasury. The clerk of a 457
county-operated municipal court shall pay the costs and fees the 458
disbursement of which is not otherwise provided for in the 459
Revised Code into the county treasury. Moneys deposited as 460
security for costs shall be retained pending the litigation. The 461
clerk shall keep a separate account of all receipts and 462
disbursements in civil and criminal cases, which shall be a 463
permanent public record of the office. On the expiration of the 464
term of the clerk, the clerk shall deliver the records to the 465
clerk's successor. The clerk shall have other powers and duties 466
as are prescribed by rule or order of the court. 467
(G) All moneys paid into a municipal court shall be noted 469
on the record of the case in which they are paid and shall be 470
deposited in a state or national bank, or a domestic savings and 471
loan association, as defined in section 1151.01 of the Revised 472
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Code, that is selected by the clerk. Any interest received upon 473
the deposits shall be paid into the city treasury, except that, 474
in a county-operated municipal court, the interest shall be paid 475
into the treasury of the county in which the court is located. 476
On the first Monday in January of each year, the clerk 478
shall make a list of the titles of all cases in the court that 479
were finally determined more than one year past in which there 480
remains unclaimed in the possession of the clerk any funds, or 481
any part of a deposit for security of costs not consumed by the 482
costs in the case. The clerk shall give notice of the moneys to 483
the parties who are entitled to the moneys or to their attorneys 484
of record. All the moneys remaining unclaimed on the first day 485
of April of each year shall be paid by the clerk to the city 486
treasurer, except that, in a county-operated municipal court, the 487
moneys shall be paid to the treasurer of the county in which the 488
court is located. The treasurer shall pay any part of the moneys 490
at any time to the person who has the right to the moneys upon 491
proper certification of the clerk.
(H) Deputy clerks may be appointed by the clerk and shall 493
receive the compensation, payable in semimonthly installments out 494
of the city treasury, that the clerk may prescribe, except that 495
the compensation of any deputy clerk of a county-operated 496
municipal court shall be paid out of the treasury of the county 497
in which the court is located. Each deputy clerk shall take an 498
oath of office before entering upon the duties of the deputy 499
clerk's office and, when so qualified, may perform the duties 500
appertaining to the office of the clerk. The clerk may require 501
any of the deputy clerks to give bond of not less than three 502
thousand dollars, conditioned for the faithful performance of the 503
deputy clerk's duties.
(I) For the purposes of this section, whenever the 505
population of the territory of a municipal court falls below one 506
hundred thousand but not below ninety thousand, and the 507
population of the territory prior to the most recent regular 508
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federal census exceeded one hundred thousand, the legislative 509
authority of the municipal corporation may declare, by 510
resolution, that the territory shall be considered to have a 511
population of at least one hundred thousand. 512
(J) The clerk or a deputy clerk shall be in attendance at 514
all sessions of the municipal court, although not necessarily in 515
the courtroom, and may administer oaths to witnesses and jurors 516
and receive verdicts. 517
Section 2. That existing section 1901.31 of the Revised 519
Code is hereby repealed. 520