As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 559 5
1999-2000 6
REPRESENTATIVES COUGHLIN-WILLIAMS-CALLENDER-TIBERI-TRAKAS- 8
SENATOR RAY 9
_________________________________________________________________ 11
A B I L L
To amend section 1901.31 of the Revised Code to 13
provide for the election of the clerk of the 14
Barberton, Cuyahoga Falls, and Toledo municipal
courts in a specified manner and to provide that 15
the salary of the clerk of the Lorain County 16
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: 18
Section 1. That section 1901.31 of the Revised Code be 20
amended to read as follows: 21
Sec. 1901.31. The clerk and deputy clerks of a municipal 30
court shall be selected, be compensated, give bond, and have 31
powers and duties as follows: 32
(A) There shall be a clerk of the court who is appointed 34
or elected as follows: 35
(1)(a) Except in the Akron, BARBERTON, CUYAHOGA FALLS, 38
Medina, TOLEDO, Clermont county, Hamilton county, Portage county, 41
and Wayne county municipal courts, if the population of the 42
territory equals or exceeds one hundred thousand at the regular 43
municipal election immediately preceding the expiration of the 44
term of the present clerk, the clerk shall be nominated and 45
elected by the qualified electors of the territory in the manner 46
that is provided for the nomination and election of judges in 47
section 1901.07 of the Revised Code.
The clerk so elected shall hold office for a term of six 49
2
years, which term shall commence on the first day of January 50
following the clerk's election and continue until the clerk's 51
successor is elected and qualified. 52
(b) In the Hamilton county municipal court, the clerk of 54
courts of Hamilton county shall be the clerk of the municipal 55
court and may appoint an assistant clerk who shall receive the 56
compensation, payable out of the treasury of Hamilton county in 57
semimonthly installments, that the board of county commissioners 58
prescribes. The clerk of courts of Hamilton county, acting as 59
the clerk of the Hamilton county municipal court and assuming the 60
duties of that office, shall receive compensation at one-fourth 61
the rate that is prescribed for the clerks of courts of common 62
pleas as determined in accordance with the population of the 63
county and the rates set forth in sections 325.08 and 325.18 of 64
the Revised Code. This compensation shall be paid from the 65
county treasury in semimonthly installments and is in addition to 66
the annual compensation that is received for the performance of 67
the duties of the clerk of courts of Hamilton county, as provided 68
in sections 325.08 and 325.18 of the Revised Code. 69
(c) In the Portage county and Wayne county municipal 71
courts, the clerks of courts of Portage county and Wayne county 72
shall be the clerks, respectively, of the Portage county and 73
Wayne county municipal courts and may appoint a chief deputy 74
clerk for each branch that is established pursuant to section 75
1901.311 of the Revised Code and assistant clerks as the judges 76
of the municipal court determine are necessary, all of whom shall 77
receive the compensation that the legislative authority 78
prescribes. The clerks of courts of Portage county and Wayne 79
county, acting as the clerks of the Portage county and Wayne 80
county municipal courts and assuming the duties of these offices, 81
shall receive compensation payable from the county treasury in 82
semimonthly installments at one-fourth the rate that is 83
prescribed for the clerks of courts of common pleas as determined 84
in accordance with the population of the county and the rates set 85
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forth in sections 325.08 and 325.18 of the Revised Code. 86
(d) Except as otherwise provided in division (A)(1)(d) of 88
this section, in the Akron municipal court, candidates for 89
election to the office of clerk of the court shall be nominated 90
by primary election. The primary election shall be held on the 91
day specified in the charter of the city of Akron for the 92
nomination of municipal officers. Notwithstanding section 93
3513.257 of the Revised Code, the nominating petitions of 94
independent candidates shall be signed by at least two hundred 95
fifty qualified electors of the territory of the court. 96
The candidates shall file a declaration of candidacy and 98
petition, or a nominating petition, whichever is applicable, not 99
later than four p.m. of the seventy-fifth day before the day of 100
the primary election, in the form prescribed by section 3513.07 101
or 3513.261 of the Revised Code. The declaration of candidacy 102
and petition, or the nominating petition, shall conform to the 103
applicable requirements of section 3513.05 or 3513.257 of the 104
Revised Code. 105
If no valid declaration of candidacy and petition is filed 107
by any person for nomination as a candidate of a particular 108
political party for election to the office of clerk of the Akron 109
municipal court, a primary election shall not be held for the 110
purpose of nominating a candidate of that party for election to 111
that office. If only one person files a valid declaration of 112
candidacy and petition for nomination as a candidate of a 113
particular political party for election to that office, a primary 114
election shall not be held for the purpose of nominating a 115
candidate of that party for election to that office, and the 116
candidate shall be issued a certificate of nomination in the 117
manner set forth in section 3513.02 of the Revised Code. 118
Declarations of candidacy and petitions, nominating 120
petitions, and certificates of nomination for the office of clerk 121
of the Akron municipal court shall contain a designation of the 122
term for which the candidate seeks election. At the following 123
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regular municipal election, all candidates for the office shall 124
be submitted to the qualified electors of the territory of the 125
court in the manner that is provided in section 1901.07 of the 126
Revised Code for the election of the judges of the court. The 127
clerk so elected shall hold office for a term of six years, which 128
term shall commence on the first day of January following the 129
clerk's election and continue until the clerk's successor is 130
elected and qualified. 131
(e) In the Clermont county municipal court, the clerk of 133
courts of Clermont county shall be the clerk of the municipal 134
court. The clerk of courts of Clermont county, acting as the 135
clerk of the Clermont county municipal court and assuming the 136
duties of that office, shall receive compensation at one-fourth 137
the rate that is prescribed for the clerks of courts of common 138
pleas as determined in accordance with the population of the 139
county and the rates set forth in sections 325.08 and 325.18 of 140
the Revised Code. This compensation shall be paid from the 141
county treasury in semimonthly installments and is in addition to 142
the annual compensation that is received for the performance of 143
the duties of the clerk of courts of Clermont county, as provided 144
in sections 325.08 and 325.18 of the Revised Code. 145
(f) Irrespective of the population of the territory of the 147
Medina municipal court, the clerk of that court shall be 148
appointed pursuant to division (A)(2)(a) of this section by the 149
judges of that court, shall hold office until the clerk's 150
successor is similarly appointed and qualified, and shall receive 151
pursuant to division (C) of this section the annual compensation 152
that the legislative authority prescribes and that is payable in 153
semimonthly installments from the same sources and in the same 154
manner as provided in section 1901.11 of the Revised Code. 155
(g) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(1)(g) OF 158
THIS SECTION, IN THE BARBERTON MUNICIPAL COURT, CANDIDATES FOR 159
ELECTION TO THE OFFICE OF CLERK OF THE COURT SHALL BE NOMINATED 160
BY PRIMARY ELECTION. THE PRIMARY ELECTION SHALL BE HELD ON THE 161
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DAY SPECIFIED IN THE CHARTER OF THE CITY OF BARBERTON FOR THE 162
NOMINATION OF MUNICIPAL OFFICERS. NOTWITHSTANDING SECTION 163
3513.257 OF THE REVISED CODE, THE NOMINATING PETITIONS OF 164
INDEPENDENT CANDIDATES SHALL BE SIGNED BY AT LEAST TWO HUNDRED 165
FIFTY QUALIFIED ELECTORS OF THE TERRITORY OF THE COURT. 166
THE CANDIDATES SHALL FILE A DECLARATION OF CANDIDACY AND 168
PETITION, OR A NOMINATING PETITION, WHICHEVER IS APPLICABLE, NOT 169
LATER THAN FOUR p.m. OF THE SEVENTY-FIFTH DAY BEFORE THE DAY OF 170
THE PRIMARY ELECTION, IN THE FORM PRESCRIBED BY SECTION 3513.07 172
OR 3513.261 OF THE REVISED CODE. THE DECLARATION OF CANDIDACY 173
AND PETITION, OR THE NOMINATING PETITION, SHALL CONFORM TO THE 175
APPLICABLE REQUIREMENTS OF SECTION 3513.05 OR 3513.257 OF THE 176
REVISED CODE.
IF NO VALID DECLARATION OF CANDIDACY AND PETITION IS FILED 178
BY ANY PERSON FOR NOMINATION AS A CANDIDATE OF A PARTICULAR 179
POLITICAL PARTY FOR ELECTION TO THE OFFICE OF CLERK OF THE 180
BARBERTON MUNICIPAL COURT, A PRIMARY ELECTION SHALL NOT BE HELD 181
FOR THE PURPOSE OF NOMINATING A CANDIDATE OF THAT PARTY FOR 183
ELECTION TO THAT OFFICE. IF ONLY ONE PERSON FILES A VALID
DECLARATION OF CANDIDACY AND PETITION FOR NOMINATION AS A 185
CANDIDATE OF A PARTICULAR POLITICAL PARTY FOR ELECTION TO THAT 186
OFFICE, A PRIMARY ELECTION SHALL NOT BE HELD FOR THE PURPOSE OF 187
NOMINATING A CANDIDATE OF THAT PARTY FOR ELECTION TO THAT OFFICE, 188
AND THE CANDIDATE SHALL BE ISSUED A CERTIFICATE OF NOMINATION IN 189
THE MANNER SET FORTH IN SECTION 3513.02 OF THE REVISED CODE. 190
DECLARATIONS OF CANDIDACY AND PETITIONS, NOMINATING 192
PETITIONS, AND CERTIFICATES OF NOMINATION FOR THE OFFICE OF CLERK 193
OF THE BARBERTON MUNICIPAL COURT SHALL CONTAIN A DESIGNATION OF 194
THE TERM FOR WHICH THE CANDIDATE SEEKS ELECTION. AT THE 195
FOLLOWING REGULAR MUNICIPAL ELECTION, ALL CANDIDATES FOR THE 197
OFFICE SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE
TERRITORY OF THE COURT IN THE MANNER THAT IS PROVIDED IN SECTION 199
1901.07 OF THE REVISED CODE FOR THE ELECTION OF THE JUDGES OF THE 200
COURT. THE CLERK SO ELECTED SHALL HOLD OFFICE FOR A TERM OF SIX 201
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YEARS, WHICH TERM SHALL COMMENCE ON THE FIRST DAY OF JANUARY 202
FOLLOWING THE CLERK'S ELECTION AND CONTINUE UNTIL THE CLERK'S 203
SUCCESSOR IS ELECTED AND QUALIFIED. 204
(h) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(1)(h) OF 207
THIS SECTION, IN THE CUYAHOGA FALLS MUNICIPAL COURT, CANDIDATES 208
FOR ELECTION TO THE OFFICE OF CLERK OF THE COURT SHALL BE 210
NOMINATED BY PRIMARY ELECTION. THE PRIMARY ELECTION SHALL BE 211
HELD ON THE DAY SPECIFIED IN THE CHARTER OF THE CITY OF CUYAHOGA 212
FALLS FOR THE NOMINATION OF MUNICIPAL OFFICERS. NOTWITHSTANDING 213
SECTION 3513.257 OF THE REVISED CODE, THE NOMINATING PETITIONS OF 214
INDEPENDENT CANDIDATES SHALL BE SIGNED BY AT LEAST TWO HUNDRED 215
FIFTY QUALIFIED ELECTORS OF THE TERRITORY OF THE COURT. 216
THE CANDIDATES SHALL FILE A DECLARATION OF CANDIDACY AND 218
PETITION, OR A NOMINATING PETITION, WHICHEVER IS APPLICABLE, NOT 219
LATER THAN FOUR p.m. OF THE SEVENTY-FIFTH DAY BEFORE THE DAY OF 220
THE PRIMARY ELECTION, IN THE FORM PRESCRIBED BY SECTION 3513.07 222
OR 3513.261 OF THE REVISED CODE. THE DECLARATION OF CANDIDACY 223
AND PETITION, OR THE NOMINATING PETITION, SHALL CONFORM TO THE 226
APPLICABLE REQUIREMENTS OF SECTION 3513.05 OR 3513.257 OF THE 227
REVISED CODE.
IF NO VALID DECLARATION OF CANDIDACY AND PETITION IS FILED 229
BY ANY PERSON FOR NOMINATION AS A CANDIDATE OF A PARTICULAR 230
POLITICAL PARTY FOR ELECTION TO THE OFFICE OF CLERK OF THE 231
CUYAHOGA FALLS MUNICIPAL COURT, A PRIMARY ELECTION SHALL NOT BE 233
HELD FOR THE PURPOSE OF NOMINATING A CANDIDATE OF THAT PARTY FOR 234
ELECTION TO THAT OFFICE. IF ONLY ONE PERSON FILES A VALID 235
DECLARATION OF CANDIDACY AND PETITION FOR NOMINATION AS A 236
CANDIDATE OF A PARTICULAR POLITICAL PARTY FOR ELECTION TO THAT 237
OFFICE, A PRIMARY ELECTION SHALL NOT BE HELD FOR THE PURPOSE OF 238
NOMINATING A CANDIDATE OF THAT PARTY FOR ELECTION TO THAT OFFICE, 239
AND THE CANDIDATE SHALL BE ISSUED A CERTIFICATE OF NOMINATION IN 240
THE MANNER SET FORTH IN SECTION 3513.02 OF THE REVISED CODE. 241
DECLARATIONS OF CANDIDACY AND PETITIONS, NOMINATING 243
PETITIONS, AND CERTIFICATES OF NOMINATION FOR THE OFFICE OF CLERK 244
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OF THE CUYAHOGA FALLS MUNICIPAL COURT SHALL CONTAIN A DESIGNATION 245
OF THE TERM FOR WHICH THE CANDIDATE SEEKS ELECTION. AT THE 246
FOLLOWING REGULAR MUNICIPAL ELECTION, ALL CANDIDATES FOR THE 247
OFFICE SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE 248
TERRITORY OF THE COURT IN THE MANNER THAT IS PROVIDED IN SECTION 249
1901.07 OF THE REVISED CODE FOR THE ELECTION OF THE JUDGES OF THE 251
COURT. THE CLERK SO ELECTED SHALL HOLD OFFICE FOR A TERM OF SIX 253
YEARS, WHICH TERM SHALL COMMENCE ON THE FIRST DAY OF JANUARY 254
FOLLOWING THE CLERK'S ELECTION AND CONTINUE UNTIL THE CLERK'S 255
SUCCESSOR IS ELECTED AND QUALIFIED.
(i) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (A)(1)(i) OF 258
THIS SECTION, IN THE TOLEDO MUNICIPAL COURT, CANDIDATES FOR 259
ELECTION TO THE OFFICE OF CLERK OF THE COURT SHALL BE NOMINATED 260
BY PRIMARY ELECTION. THE PRIMARY ELECTION SHALL BE HELD ON THE 261
DAY SPECIFIED IN THE CHARTER OF THE CITY OF TOLEDO FOR THE 262
NOMINATION OF MUNICIPAL OFFICERS. NOTWITHSTANDING SECTION 263
3513.257 OF THE REVISED CODE, THE NOMINATING PETITIONS OF 264
INDEPENDENT CANDIDATES SHALL BE SIGNED BY AT LEAST TWO HUNDRED 265
FIFTY QUALIFIED ELECTORS OF THE TERRITORY OF THE COURT. 266
THE CANDIDATES SHALL FILE A DECLARATION OF CANDIDACY AND 268
PETITION, OR A NOMINATING PETITION, WHICHEVER IS APPLICABLE, NOT 269
LATER THAN FOUR p.m. OF THE SEVENTY-FIFTH DAY BEFORE THE DAY OF 270
THE PRIMARY ELECTION, IN THE FORM PRESCRIBED BY SECTION 3513.07 272
OR 3513.261 OF THE REVISED CODE. THE DECLARATION OF CANDIDACY 273
AND PETITION, OR THE NOMINATING PETITION, SHALL CONFORM TO THE 275
APPLICABLE REQUIREMENTS OF SECTION 3513.05 OR 3513.257 OF THE 276
REVISED CODE.
IF NO VALID DECLARATION OF CANDIDACY AND PETITION IS FILED 278
BY ANY PERSON FOR NOMINATION AS A CANDIDATE OF A PARTICULAR 279
POLITICAL PARTY FOR ELECTION TO THE OFFICE OF CLERK OF THE TOLEDO 280
MUNICIPAL COURT, A PRIMARY ELECTION SHALL NOT BE HELD FOR THE 281
PURPOSE OF NOMINATING A CANDIDATE OF THAT PARTY FOR ELECTION TO 283
THAT OFFICE. IF ONLY ONE PERSON FILES A VALID DECLARATION OF 284
CANDIDACY AND PETITION FOR NOMINATION AS A CANDIDATE OF A 285
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PARTICULAR POLITICAL PARTY FOR ELECTION TO THAT OFFICE, A PRIMARY 286
ELECTION SHALL NOT BE HELD FOR THE PURPOSE OF NOMINATING A 287
CANDIDATE OF THAT PARTY FOR ELECTION TO THAT OFFICE, AND THE 288
CANDIDATE SHALL BE ISSUED A CERTIFICATE OF NOMINATION IN THE 289
MANNER SET FORTH IN SECTION 3513.02 OF THE REVISED CODE. 290
DECLARATIONS OF CANDIDACY AND PETITIONS, NOMINATING 292
PETITIONS, AND CERTIFICATES OF NOMINATION FOR THE OFFICE OF CLERK 293
OF THE TOLEDO MUNICIPAL COURT SHALL CONTAIN A DESIGNATION OF THE 294
TERM FOR WHICH THE CANDIDATE SEEKS ELECTION. AT THE FOLLOWING 295
REGULAR MUNICIPAL ELECTION, ALL CANDIDATES FOR THE OFFICE SHALL 297
BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE TERRITORY OF THE 298
COURT IN THE MANNER THAT IS PROVIDED IN SECTION 1901.07 OF THE 300
REVISED CODE FOR THE ELECTION OF THE JUDGES OF THE COURT. THE 301
CLERK SO ELECTED SHALL HOLD OFFICE FOR A TERM OF SIX YEARS, WHICH
TERM SHALL COMMENCE ON THE FIRST DAY OF JANUARY FOLLOWING THE 302
CLERK'S ELECTION AND CONTINUE UNTIL THE CLERK'S SUCCESSOR IS 303
ELECTED AND QUALIFIED. 304
(2)(a) Except for the Alliance, Auglaize county, Lorain, 306
Massillon, and Youngstown municipal courts, in a municipal court 307
for which the population of the territory is less than one 309
hundred thousand and in the Medina municipal court, the clerk 310
shall be appointed by the court, and the clerk shall hold office 311
until the clerk's successor is appointed and qualified. 312
(b) In the Alliance, Lorain, Massillon, and Youngstown 314
municipal courts, the clerk shall be elected for a term of office 315
as described in division (A)(1)(a) of this section. 316
(c) In the Auglaize county municipal court, the clerk of 318
courts of Auglaize county shall be the clerk of the municipal 319
court and may appoint a chief deputy clerk for each branch that 320
is established pursuant to section 1901.311 of the Revised Code, 321
and assistant clerks as the judge of the court determines are 322
necessary, all of whom shall receive the compensation that the 323
legislative authority prescribes. The clerk of courts of 324
Auglaize county, acting as the clerk of the Auglaize county 325
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municipal court and assuming the duties of that office, shall 326
receive compensation payable from the county treasury in 327
semimonthly installments at one-fourth the rate that is 328
prescribed for the clerks of courts of common pleas as determined 329
in accordance with the population of the county and the rates set 330
forth in sections 325.08 and 325.18 of the Revised Code. 331
(3) During the temporary absence of the clerk due to 333
illness, vacation, or other proper cause, the court may appoint a 334
temporary clerk, who shall be paid the same compensation, have 336
the same authority, and perform the same duties as the clerk. 337
(B) Except in the Clermont county, Hamilton county, 339
Medina, Portage county, and Wayne county municipal courts, if a 341
vacancy occurs in the office of the clerk of the Alliance, 342
Lorain, Massillon, or Youngstown municipal court or occurs in the 343
office of the clerk of a municipal court for which the population 344
of the territory equals or exceeds one hundred thousand because 345
the clerk ceases to hold the office before the end of the clerk's 346
term or because a clerk-elect fails to take office, the vacancy 347
shall be filled, until a successor is elected and qualified, by a 348
person chosen by the residents of the territory of the court who 349
are members of the county central committee of the political 350
party by which the last occupant of that office or the 351
clerk-elect was nominated. Not less than five nor more than 352
fifteen days after a vacancy occurs, those members of that county 353
central committee shall meet to make an appointment to fill the 354
vacancy. At least four days before the date of the meeting, the 355
chairperson or a secretary of the county central committee shall 356
notify each such member of that county central committee by first 357
class mail of the date, time, and place of the meeting and its 359
purpose. A majority of all such members of that county central 360
committee constitutes a quorum, and a majority of the quorum is 361
required to make the appointment. If the office so vacated was 362
occupied or was to be occupied by a person not nominated at a 363
primary election, or if the appointment was not made by the 364
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committee members in accordance with this division, the court 365
shall make an appointment to fill the vacancy. A successor shall 366
be elected to fill the office for the unexpired term at the first 367
municipal election that is held more than one hundred twenty days 368
after the vacancy occurred. 369
(C) In a municipal court, other than the Auglaize county 371
AND THE LORAIN COUNTY municipal court COURTS, for which the 372
population of the territory is less than one hundred thousand and 374
in the Medina municipal court, the clerk of a THE municipal court 375
shall receive the annual compensation that the legislative 376
authority prescribes. In a municipal court, other than the 377
Clermont county, Hamilton county, Medina, Portage county, and 379
Wayne county municipal courts, for which the population of the 380
territory is one hundred thousand or more, AND IN THE LORAIN 381
COUNTY MUNICIPAL COURT, the clerk of a THE municipal court shall 383
receive annual compensation in a sum equal to eighty-five per 384
cent of the salary of a judge of the court. The compensation is 385
payable in semimonthly installments from the same sources and in 386
the same manner as provided in section 1901.11 of the Revised
Code. 387
(D) Before entering upon the duties of the clerk's office, 389
the clerk of a municipal court shall give bond of not less than 390
six thousand dollars to be determined by the judges of the court, 391
conditioned upon the faithful performance of the clerk's duties. 392
(E) The clerk of a municipal court may do all of the 394
following: administer oaths, take affidavits, and issue 395
executions upon any judgment rendered in the court, including a 396
judgment for unpaid costs; issue, sign, and attach the seal of 397
the court to all writs, process, subpoenas, and papers issuing 398
out of the court; and approve all bonds, sureties, recognizances, 399
and undertakings fixed by any judge of the court or by law. The 400
clerk may refuse to accept for filing any pleading or paper 401
submitted for filing by a person who has been found to be a 402
vexatious litigator under section 2323.52 of the Revised Code and 403
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who has failed to obtain leave to proceed under that section. 404
The clerk shall do all of the following: file and safely keep 405
all journals, records, books, and papers belonging or 406
appertaining to the court; record the proceedings of the court; 407
perform all other duties that the judges of the court may 408
prescribe; and keep a book showing all receipts and 409
disbursements, which book shall be open for public inspection at 410
all times.
The clerk shall prepare and maintain a general index, a 412
docket, and other records that the court, by rule, requires, all 413
of which shall be the public records of the court. In the 414
docket, the clerk shall enter, at the time of the commencement of 415
an action, the names of the parties in full, the names of the 416
counsel, and the nature of the proceedings. Under proper dates, 417
the clerk shall note the filing of the complaint, issuing of 418
summons or other process, returns, and any subsequent pleadings. 419
The clerk also shall enter all reports, verdicts, orders, 420
judgments, and proceedings of the court, clearly specifying the 421
relief granted or orders made in each action. The court may 422
order an extended record of any of the above to be made and 423
entered, under the proper action heading, upon the docket at the 424
request of any party to the case, the expense of which record may 425
be taxed as costs in the case or may be required to be prepaid by 426
the party demanding the record, upon order of the court. 427
(F) The clerk of a municipal court shall receive, collect, 429
and issue receipts for all costs, fees, fines, bail, and other 430
moneys payable to the office or to any officer of the court. The 431
clerk shall each month disburse to the proper persons or 432
officers, and take receipts for, all costs, fees, fines, bail, 433
and other moneys that the clerk collects. Subject to sections 434
3375.50 and 4511.193 of the Revised Code and to any other section 436
of the Revised Code that requires a specific manner of 437
disbursement of any moneys received by a municipal court and 438
except for the Hamilton county, Lawrence county, and Ottawa 439
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county municipal courts, the clerk shall pay all fines received 440
for violation of municipal ordinances into the treasury of the 441
municipal corporation the ordinance of which was violated and 442
shall pay all fines received for violation of township 443
resolutions adopted pursuant to Chapter 504. of the Revised Code 444
into the treasury of the township the resolution of which was 445
violated. Subject to sections 1901.024 and 4511.193 of the 446
Revised Code, in the Hamilton county, Lawrence county, and Ottawa
county municipal courts, the clerk shall pay fifty per cent of 447
the fines received for violation of municipal ordinances and 448
fifty per cent of the fines received for violation of township 449
resolutions adopted pursuant to Chapter 504. of the Revised Code 450
into the treasury of the county. Subject to sections 3375.50, 451
3375.53, 4511.99, and 5503.04 of the Revised Code and to any 452
other section of the Revised Code that requires a specific manner 453
of disbursement of any moneys received by a municipal court, the 454
clerk shall pay all fines collected for the violation of state 455
laws into the county treasury. Except in a county-operated 456
municipal court, the clerk shall pay all costs and fees the 457
disbursement of which is not otherwise provided for in the 458
Revised Code into the city treasury. The clerk of a 459
county-operated municipal court shall pay the costs and fees the 460
disbursement of which is not otherwise provided for in the 461
Revised Code into the county treasury. Moneys deposited as 462
security for costs shall be retained pending the litigation. The 463
clerk shall keep a separate account of all receipts and 464
disbursements in civil and criminal cases, which shall be a 465
permanent public record of the office. On the expiration of the 466
term of the clerk, the clerk shall deliver the records to the 467
clerk's successor. The clerk shall have other powers and duties 468
as are prescribed by rule or order of the court. 469
(G) All moneys paid into a municipal court shall be noted 471
on the record of the case in which they are paid and shall be 472
deposited in a state or national bank, or a domestic savings and 473
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loan association, as defined in section 1151.01 of the Revised 474
Code, that is selected by the clerk. Any interest received upon 475
the deposits shall be paid into the city treasury, except that, 476
in a county-operated municipal court, the interest shall be paid 477
into the treasury of the county in which the court is located. 478
On the first Monday in January of each year, the clerk 480
shall make a list of the titles of all cases in the court that 481
were finally determined more than one year past in which there 482
remains unclaimed in the possession of the clerk any funds, or 483
any part of a deposit for security of costs not consumed by the 484
costs in the case. The clerk shall give notice of the moneys to 485
the parties who are entitled to the moneys or to their attorneys 486
of record. All the moneys remaining unclaimed on the first day 487
of April of each year shall be paid by the clerk to the city 488
treasurer, except that, in a county-operated municipal court, the 489
moneys shall be paid to the treasurer of the county in which the 490
court is located. The treasurer shall pay any part of the moneys 492
at any time to the person who has the right to the moneys upon 493
proper certification of the clerk.
(H) Deputy clerks may be appointed by the clerk and shall 495
receive the compensation, payable in semimonthly installments out 496
of the city treasury, that the clerk may prescribe, except that 497
the compensation of any deputy clerk of a county-operated 498
municipal court shall be paid out of the treasury of the county 499
in which the court is located. Each deputy clerk shall take an 500
oath of office before entering upon the duties of the deputy 501
clerk's office and, when so qualified, may perform the duties 502
appertaining to the office of the clerk. The clerk may require 503
any of the deputy clerks to give bond of not less than three 504
thousand dollars, conditioned for the faithful performance of the 505
deputy clerk's duties.
(I) For the purposes of this section, whenever the 507
population of the territory of a municipal court falls below one 508
hundred thousand but not below ninety thousand, and the 509
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population of the territory prior to the most recent regular 510
federal census exceeded one hundred thousand, the legislative 511
authority of the municipal corporation may declare, by 512
resolution, that the territory shall be considered to have a 513
population of at least one hundred thousand. 514
(J) The clerk or a deputy clerk shall be in attendance at 516
all sessions of the municipal court, although not necessarily in 517
the courtroom, and may administer oaths to witnesses and jurors 518
and receive verdicts. 519
Section 2. That existing section 1901.31 of the Revised 521
Code is hereby repealed. 522