As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 164 5
1999-2000 6
SENATOR OELSLAGER 8
_________________________________________________________________ 10
A B I L L
To amend sections 2301.02, 2501.011, and 2501.012 of 12
the Revised Code to add one additional judge for 13
the Fifth District Court of Appeals to be elected
in 2000, one additional judge for the Eleventh 14
District Court of Appeals to be elected in 2000, 15
and two additional judges for the Court of Common
Pleas of Summit County to be elected in 2000 and 16
2002, respectively.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 2301.02, 2501.011, and 2501.012 20
of the Revised Code be amended to read as follows: 21
Sec. 2301.02. The number of judges of the court of common 30
pleas for each county, the time for the next election of the 31
judges in the several counties, and the beginning of their terms 32
shall be as follows: 33
(A) In Adams, Ashland, Fayette, and Pike counties, one 35
judge, elected in 1956, term to begin February 9, 1957; 36
In Brown, Crawford, Defiance, Highland, Holmes, Morgan, 38
Ottawa, and Union counties, one judge, to be elected in 1954, 39
term to begin February 9, 1955; 40
In Auglaize county, one judge, to be elected in 1956, term 42
to begin January 9, 1957; 43
In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin, 45
Jackson, Knox, Logan, Madison, Mercer, Monroe, Morrow, Paulding, 46
Vinton, and Wyandot counties, one judge, to be elected in 1956, 47
term to begin January 1, 1957; 48
2
In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway, 50
Preble, Shelby, Van Wert, and Williams counties, one judge, to be 51
elected in 1952, term to begin January 1, 1953; 52
In Harrison and Noble counties, one judge, to be elected in 54
1954, term to begin April 18, 1955; 55
In Henry and Putnam counties, one judge, to be elected in 57
1956, term to begin May 9, 1957; 58
In Huron county, one judge, to be elected in 1952, term to 60
begin May 14, 1953; 61
In Perry county, one judge, to be elected in 1954, term to 63
begin July 6, 1956; 64
In Sandusky county, two judges, one to be elected in 1954, 66
term to begin February 10, 1955, and one to be elected in 1978, 67
term to begin January 1, 1979; 68
(B) In Allen county, three judges, one to be elected in 70
1956, term to begin February 9, 1957, the second to be elected in 71
1958, term to begin January 1, 1959, and the third to be elected 72
in 1992, term to begin January 1, 1993; 73
In Ashtabula county, three judges, one to be elected in 75
1954, term to begin February 9, 1955, one to be elected in 1960, 76
term to begin January 1, 1961, and one to be elected in 1978, 77
term to begin January 2, 1979; 78
In Athens county, two judges, one to be elected in 1954, 80
term to begin February 9, 1955, and one to be elected in 1990, 81
term to begin July 1, 1991; 82
In Erie county, two judges, one to be elected in 1956, term 84
to begin January 1, 1957, and the second to be elected in 1970, 85
term to begin January 2, 1971; 86
In Fairfield county, three judges, one to be elected in 88
1954, term to begin February 9, 1955, the second to be elected in 89
1970, term to begin January 1, 1971, and the third to be elected 90
in 1994, term to begin January 2, 1995; 91
In Geauga county, two judges, one to be elected in 1956, 93
term to begin January 1, 1957, and the second to be elected in 94
3
1976, term to begin January 1, 1977; 95
In Greene county, four judges, one to be elected in 1956, 97
term to begin February 9, 1957, the second to be elected in 1960, 98
term to begin January 1, 1961, the third to be elected in 1978, 99
term to begin January 2, 1979, and the fourth to be elected in 100
1994, term to begin January 1, 1995; 101
In Hancock county, two judges, one to be elected in 1952, 103
term to begin January 1, 1953, and the second to be elected in 104
1978, term to begin January 1, 1979; 105
In Lawrence county, two judges, one to be elected in 1954, 107
term to begin February 9, 1955, and the second to be elected in 108
1976, term to begin January 1, 1977; 109
In Marion county, three judges, one to be elected in 1952, 111
term to begin January 1, 1953, the second to be elected in 1976, 113
term to begin January 2, 1977, and the third to be elected in
1998, term to begin February 9, 1999; 114
In Medina county, three judges, one to be elected in 1956, 116
term to begin January 1, 1957, the second to be elected in 1966, 117
term to begin January 1, 1967, and the third to be elected in 118
1994, term to begin January 1, 1995; 119
In Miami county, two judges, one to be elected in 1954, 121
term to begin February 9, 1955, and one to be elected in 1970, 122
term to begin on January 1, 1971; 123
In Muskingum county, two judges, one to be elected in 1968, 125
term to begin August 9, 1969, and one to be elected in 1978, term 126
to begin January 1, 1979; 127
In Portage county, three judges, one to be elected in 1956, 129
term to begin January 1, 1957, the second to be elected in 1960, 130
term to begin January 1, 1961, and the third to be elected in 131
1986, term to begin January 2, 1987; 132
In Ross county, two judges, one to be elected in 1956, term 134
to begin February 9, 1957, and the second to be elected in 1976, 135
term to begin January 1, 1977; 136
In Scioto county, three judges, one to be elected in 1954, 138
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term to begin February 10, 1955, the second to be elected in 139
1960, term to begin January 1, 1961, and the third to be elected 140
in 1994, term to begin January 2, 1995; 141
In Seneca county, two judges, one to be elected in 1956, 143
term to begin January 1, 1957, and the second to be elected in 144
1986, term to begin January 2, 1987; 145
In Warren county, three judges, one to be elected in 1954, 147
term to begin February 9, 1955, the second to be elected in 1970, 148
term to begin January 1, 1971, and the third to be elected in 149
1986, term to begin January 1, 1987; 150
In Washington county, two judges, one to be elected in 152
1952, term to begin January 1, 1953, and one to be elected in 153
1986, term to begin January 1, 1987; 154
In Wood county, three judges, one to be elected in 1968, 156
term beginning January 1, 1969, the second to be elected in 1970, 157
term to begin January 2, 1971, and the third to be elected in 158
1990, term to begin January 1, 1991; 159
In Belmont and Jefferson counties, two judges, to be 161
elected in 1954, terms to begin January 1, 1955, and February 9, 162
1955, respectively; 163
In Clark county, four judges, one to be elected in 1952, 165
term to begin January 1, 1953, the second to be elected in 1956, 166
term to begin January 2, 1957, the third to be elected in 1986, 167
term to begin January 3, 1987, and the fourth to be elected in 168
1994, term to begin January 2, 1995. 169
In Clermont county, four judges, one to be elected in 1956, 171
term to begin January 1, 1957, the second to be elected in 1964, 172
term to begin January 1, 1965, the third to be elected in 1982, 173
term to begin January 2, 1983, and the fourth to be elected in 174
1986, term to begin January 2, 1987; 175
In Columbiana county, two judges, one to be elected in 177
1952, term to begin January 1, 1953, and the second to be elected 178
in 1956, term to begin January 1, 1957; 179
In Delaware county, two judges, one to be elected in 1990, 181
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term to begin February 9, 1991, the second to be elected in 1994, 182
term to begin January 1, 1995; 183
In Lake county, six judges, one to be elected in 1958, term 186
to begin January 1, 1959, the second to be elected in 1960, term 187
to begin January 2, 1961, the third to be elected in 1964, term 188
to begin January 3, 1965, the fourth and fifth to be elected in 189
1978, terms to begin January 4, 1979, and January 5, 1979, 190
respectively, and the sixth to be elected in 2000, term to begin 191
January 1, 2001;
In Licking county, three judges, one to be elected in 1954, 193
term to begin February 9, 1955, one to be elected in 1964, term 194
to begin January 1, 1965, and one to be elected in 1990, term to 195
begin January 1, 1991; 196
In Lorain county, eight judges, two to be elected in 1952, 198
terms to begin January 1, 1953, and January 2, 1953, 199
respectively, one to be elected in 1958, term to begin January 3, 200
1959, one to be elected in 1968, term to begin January 1, 1969, 201
two to be elected in 1988, terms to begin January 4, 1989, and 203
January 5, 1989, respectively, and two to be elected in 1998,
terms to begin January 2, 1999, and January 3, 1999, 204
respectively;
In Butler county, eight judges, one to be elected in 1956, 206
term to begin January 1, 1957; two to be elected in 1954, terms 207
to begin January 1, 1955, and February 9, 1955, respectively; one 208
to be elected in 1968, term to begin January 2, 1969; one to be 209
elected in 1986, term to begin January 3, 1987; two to be elected 210
in 1988, terms to begin January 1, 1989, and January 2, 1989, 211
respectively; and one to be elected in 1992, term to begin 212
January 4, 1993; 213
In Richland county, three judges, one to be elected in 215
1956, term to begin January 1, 1957, the second to be elected in 216
1960, term to begin February 9, 1961, and the third to be elected 217
in 1968, term to begin January 2, 1969; 218
In Tuscarawas county, two judges, one to be elected in 220
6
1956, term to begin January 1, 1957, and the second to be elected 221
in 1960, term to begin January 2, 1961; 222
In Wayne county, two judges, one to be elected in 1956, 224
term beginning January 1, 1957, and one to be elected in 1968, 225
term to begin January 2, 1969; 226
In Trumbull county, six judges, one to be elected in 1952, 228
term to begin January 1, 1953, the second to be elected in 1954, 229
term to begin January 1, 1955, the third to be elected in 1956, 230
term to begin January 1, 1957, the fourth to be elected in 1964, 231
term to begin January 1, 1965, the fifth to be elected in 1976, 232
term to begin January 2, 1977; and the sixth to be elected in 233
1994, term to begin January 3, 1995; 234
(C) In Cuyahoga county, thirty-nine judges; eight to be 236
elected in 1954, terms to begin on successive days beginning from 237
January 1, 1955, to January 7, 1955, and February 9, 1955, 238
respectively; eight to be elected in 1956, terms to begin on 239
successive days beginning from January 1, 1957, to January 8, 240
1957; three to be elected in 1952, terms to begin from January 1, 241
1953, to January 3, 1953; two to be elected in 1960, terms to 242
begin on January 8, 1961, and January 9, 1961, respectively; two 243
to be elected in 1964, terms to begin January 4, 1965, and 244
January 5, 1965, respectively; one to be elected in 1966, term to 245
begin on January 10, 1967; four to be elected in 1968, terms to 246
begin on successive days beginning from January 9, 1969, to 247
January 12, 1969; two to be elected in 1974, terms to begin on 248
January 18, 1975, and January 19, 1975, respectively; five to be 249
elected in 1976, terms to begin on successive days beginning 250
January 6, 1977, to January 10, 1977; two to be elected in 1982, 251
terms to begin January 11, 1983, and January 12, 1983, 252
respectively; and two to be elected in 1986, terms to begin 253
January 13, 1987, and January 14, 1987, respectively; 254
In Franklin county, twenty-one judges; two to be elected in 257
1954, terms to begin January 1, 1955, and February 9, 1955,
respectively; four to be elected in 1956, terms to begin January 258
7
1, 1957, to January 4, 1957; four to be elected in 1958, terms to 259
begin January 1, 1959, to January 4, 1959; three to be elected in 260
1968, terms to begin January 5, 1969, to January 7, 1969; three 261
to be elected in 1976, terms to begin on successive days 262
beginning January 5, 1977, to January 7, 1977; one to be elected 263
in 1982, term to begin January 8, 1983; one to be elected in 264
1986, term to begin January 9, 1987; two to be elected in 1990, 266
terms to begin July 1, 1991, and July 2, 1991, respectively; and 267
one to be elected in 1996, term to begin January 2, 1997; 268
In Hamilton county, twenty-one judges; eight to be elected 271
in 1966, terms to begin January 1, 1967, January 2, 1967, and 272
from February 9, 1967, to February 14, 1967, respectively; five 273
to be elected in 1956, terms to begin from January 1, 1957, to 274
January 5, 1957; one to be elected in 1964, term to begin January 275
1, 1965; one to be elected in 1974, term to begin January 15, 276
1975; one to be elected in 1980, term to begin January 16, 1981; 277
two to be elected at large in the general election in 1982, terms 278
to begin April 1, 1983; one to be elected in 1990, term to begin 279
July 1, 1991; and two to be elected in 1996, terms to begin 280
January 3, 1997, and January 4, 1997, respectively; 281
In Lucas county, fourteen judges; two to be elected in 283
1954, terms to begin January 1, 1955, and February 9, 1955, 284
respectively; two to be elected in 1956, terms to begin January 285
1, 1957, and October 29, 1957, respectively; two to be elected in 286
1952, terms to begin January 1, 1953, and January 2, 1953, 287
respectively; one to be elected in 1964, term to begin January 3, 288
1965; one to be elected in 1968, term to begin January 4, 1969; 289
two to be elected in 1976, terms to begin January 4, 1977, and 290
January 5, 1977, respectively; one to be elected in 1982, term to 291
begin January 6, 1983; one to be elected in 1988, term to begin 292
January 7, 1989; one to be elected in 1990, term to begin January 293
2, 1991; and one to be elected in 1992, term to begin January 2, 294
1993; 295
In Mahoning county, seven judges; three to be elected in 297
8
1954, terms to begin January 1, 1955, January 2, 1955, and 298
February 9, 1955, respectively; one to be elected in 1956, term 299
to begin January 1, 1957; one to be elected in 1952, term to 300
begin January 1, 1953; one to be elected in 1968, term to begin 301
January 2, 1969; and one to be elected in 1990, term to begin 302
July 1, 1991; 303
In Montgomery county, fifteen judges; three to be elected 305
in 1954, terms to begin January 1, 1955, January 2, 1955, and 306
January 3, 1955, respectively; four to be elected in 1952, terms 307
to begin January 1, 1953, January 2, 1953, July 1, 1953, July 2, 308
1953, respectively; one to be elected in 1964, term to begin 309
January 3, 1965; one to be elected in 1968, term to begin January 310
3, 1969; three to be elected in 1976, terms to begin on 311
successive days beginning January 4, 1977, to January 6, 1977; 312
two to be elected in 1990, terms to begin July 1, 1991, and July 313
2, 1991, respectively; and one to be elected in 1992, term to 314
begin January 1, 1993. 315
In Stark county, eight judges; one to be elected in 1958, 317
term to begin on January 2, 1959; two to be elected in 1954, 318
terms to begin on January 1, 1955, and February 9, 1955, 319
respectively; two to be elected in 1952, terms to begin January 320
1, 1953, and April 16, 1953, respectively; one to be elected in 321
1966, term to begin on January 4, 1967; and two to be elected in 322
1992, terms to begin January 1, 1993, and January 2, 1993, 323
respectively; 324
In Summit county, eleven THIRTEEN judges; four to be 326
elected in 1954, terms to begin January 1, 1955, January 2, 1955, 327
January 3, 1955, and February 9, 1955, respectively; three to be 328
elected in 1958, terms to begin January 1, 1959, January 2, 1959, 329
and May 17, 1959, respectively; one to be elected in 1966, term 330
to begin January 4, 1967; one to be elected in 1968, term to 331
begin January 5, 1969; one to be elected in 1990, term to begin 332
May 1, 1991; and one to be elected in 1992, term to begin January 333
6, 1993; ONE TO BE ELECTED IN 2000, TERM TO BEGIN JANUARY 3, 334
9
2001; AND ONE TO BE ELECTED IN 2002, TERM TO BEGIN JANUARY 5, 335
2003.
Notwithstanding the foregoing provisions, in any county 337
having two or more judges of the court of common pleas, in which 338
more than one-third of the judges plus one were previously 339
elected at the same election, if the office of one of those 340
judges so elected becomes vacant more than forty days prior to 341
the second general election preceding the expiration of that 342
judge's term, the office that that judge had filled shall be 343
abolished as of the date of the next general election, and a new 344
office of judge of the court of common pleas shall be created. 345
The judge who is to fill that new office shall be elected for a 346
six-year term at the next general election, and the term of that 348
judge shall commence on the first day of the year following that 349
general election, on which day no other judge's term begins, so 350
that the number of judges that the county shall elect shall not 352
be reduced. 353
Judges of the probate division of the court of common pleas 355
are judges of the court of common pleas but shall be elected 356
pursuant to sections 2101.02 and 2101.021 of the Revised Code, 357
except in Adams, Harrison, Henry, Morgan, Morrow, Noble, and 358
Wyandot counties in which the judge of the court of common pleas 359
elected pursuant to this section also shall serve as judge of the 361
probate division. 362
Sec. 2501.011. (A) There shall be two THREE additional 371
judges of the court of appeals of the fifth district, composed of 372
Ashland, Coshocton, Delaware, Fairfield, Guernsey, Holmes, Knox, 373
Licking, Morgan, Morrow, Muskingum, Perry, Richland, Stark, and 374
Tuscarawas counties. 375
One of the additional judges of the fifth district court of 377
appeals shall be elected at the general election in 1980 for a 378
term of six years beginning February 10, 1981. One of the 379
additional judges of the fifth district court of appeals shall be 380
elected at the general election in 1982 for a term of six years 381
10
beginning February 10, 1983. ONE OF THE ADDITIONAL JUDGES OF THE 382
FIFTH DISTRICT COURT OF APPEALS SHALL BE ELECTED AT THE GENERAL 383
ELECTION IN 2000 FOR A TERM OF SIX YEARS BEGINNING FEBRUARY 11, 384
2001. The additional judges shall thereafter be elected to hold 386
terms of six years.
In the fifth district, any three judges shall comprise the 388
court of appeals in the hearing and disposition of cases in 389
accordance with any local rules of practice and procedure that 390
may be adopted by the judges of the court. 391
(B) There shall be two additional judges of the court of 393
appeals of the sixth district, composed of Erie, Fulton, Huron, 394
Lucas, Ottawa, Sandusky, Williams, and Wood counties. 395
One of the additional judges of the sixth district court of 397
appeals shall be elected at the general election in 1980 for a 398
term of six years beginning February 10, 1981. One of the 399
additional judges of the sixth district court of appeals shall be 400
elected at the general election in 1990 for a term of six years 401
beginning on February 10, 1991. The additional judges shall 402
thereafter be elected to hold terms of six years. 403
In the sixth district, any three judges shall comprise the 405
court of appeals in the hearing and disposition of cases in 406
accordance with any local rules of practice and procedure that 407
may be adopted by the judges of the court. 408
(C) There shall be one additional judge of the court of 410
appeals of the seventh district, composed of Belmont, Carroll, 412
Columbiana, Harrison, Jefferson, Mahoning, Monroe, and Noble 414
counties.
The additional judge shall be elected at the general 416
election in 1996 for a term of six years beginning February 10, 417
1997. The additional judge thereafter shall be elected to hold 418
terms of six years.
In the seventh district, any three judges shall comprise 420
the court of appeals in the hearing and disposition of cases in 421
accordance with any local rules of practice and procedure that 422
11
may be adopted by the judges of the court. 423
(D) The judges provided for in this section and sections 425
2501.012 and 2501.013 of the Revised Code shall exercise the same 426
powers and jurisdiction and perform the same duties as the judges 427
of the courts of appeals; and shall receive the same 428
compensation, as provided by law, for the judges of the courts of 429
appeals. 430
Sec. 2501.012. (A) There shall be nine additional judges 439
of the court of appeals of the eighth district, composed of 440
Cuyahoga county. 441
Three of the additional judges of the eighth district court 443
of appeals shall be elected at the general election in 1962 for a 444
term of six years, their terms to commence on successive days 445
beginning on the first day of January, 1963. Three of the 446
additional judges of the eighth district court of appeals shall 447
be elected at the general election in 1976 for a term of six 448
years, their terms to commence on successive days beginning on 449
the first day of January, 1977. Three of the additional judges 450
of the eighth district court of appeals shall be elected at the 451
general election in 1990 for a term of six years, their terms to 452
commence on successive days beginning on February 10, 1991. The 453
additional judges shall thereafter be elected to hold terms of 454
six years. 455
In the eighth district, any three judges shall comprise the 457
court of appeals in the hearing and disposition of cases in 458
accordance with any local rules of practice and procedure that 459
may be adopted by the judges of the court. 460
(B) There shall be two additional judges of the court of 462
appeals of the ninth district, composed of Lorain, Medina, 463
Summit, and Wayne counties. 464
One of the additional judges of the ninth district court of 466
appeals shall be elected at the general election in 1980 for a 467
term of six years beginning February 10, 1981. One of the 468
additional judges of the ninth district court of appeals shall be 469
12
elected at the general election in 1986 for a term of six years 470
beginning February 11, 1987. The additional judges shall 471
thereafter be elected to hold terms of six years. 472
In the ninth district, any three judges shall comprise the 474
court of appeals in the hearing and disposition of cases in 475
accordance with any local rules of practice and procedure that 476
may be adopted by the judges of the court. 477
(C) There shall be five additional judges of the court of 479
appeals of the tenth district, composed of Franklin county. 480
One of the additional judges of the tenth district court of 482
appeals shall be elected at the general election in 1962 for a 483
term of six years beginning January 1, 1963. One of the 484
additional judges of the tenth district court of appeals shall be 485
elected at the general election in 1970 for a term of six years 486
beginning February 10, 1971. One of the additional judges of the 487
tenth district court of appeals shall be elected at the general 488
election in 1980 for a term of six years beginning January 2, 489
1981. One of the additional judges of the tenth district court 490
of appeals shall be elected at the general election in 1986 for a 491
term of six years beginning January 3, 1987. One of the 492
additional judges of the tenth district court of appeals shall be 493
elected at the general election in 1990 for a term of six years 494
beginning July 1, 1991. The additional judges shall thereafter 495
be elected to hold terms of six years. 496
In the tenth district, any three judges shall comprise the 498
court of appeals in the hearing and disposition of cases in 499
accordance with any local rules of practice and procedure that 500
may be adopted by the judges of the court. 501
(D) There shall be one TWO additional judge JUDGES of the 504
court of appeals of the eleventh district, composed of Lake, 505
Ashtabula, Geauga, Trumbull, and Portgage PORTAGE counties. 506
The ONE OF THE additional judge JUDGES OF THE ELEVENTH 508
DISTRICT COURT OF APPEALS shall be elected at the general 509
election in 1990 for a term of six years beginning February 10, 510
13
1991. ONE OF THE ADDITIONAL JUDGES OF THE ELEVENTH DISTRICT 511
COURT OF APPEALS SHALL BE ELECTED AT THE GENERAL ELECTION IN 2000 512
FOR A TERM OF SIX YEARS BEGINNING FEBRUARY 10, 2001. The 513
additional judge JUDGES shall thereafter be elected to hold terms 515
of six years.
In the eleventh district, any three judges shall comprise 517
the court of appeals in the hearing and disposition of cases in 518
accordance with any local rules of practice and procedure that 519
may be adopted by the judges of the court. 520
(E) There shall be one additional judge of the court of 522
appeals of the twelfth district, composed of Brown, Butler, 523
Clermont, Clinton, Fayette, Madison, Preble, and Warren counties. 524
The additional judge shall be elected at the general 526
election in 1986 for a term of six years beginning February 10, 527
1987. The additional judge shall thereafter be elected to hold 528
terms of six years. 529
In the twelfth district, any three judges shall comprise 531
the court of appeals in the hearing and disposition of cases in 532
accordance with any local rules of practice and procedure that 533
may be adopted by the judges of the court. 534
(F) Any judge of the court of appeals may be assigned by 536
the chief justice of the supreme court to hold court in another 537
district and shall hold court in the district to which he THE 538
JUDGE is assigned. 539
Section 2. That existing sections 2301.02, 2501.011, and 541
2501.012 of the Revised Code are hereby repealed. 542