As Reported by House Criminal Justice Committee           1            

123rd General Assembly                                             4            

   Regular Session                             Sub. S. B. No. 164  5            

      1999-2000                                                    6            


  SENATORS OELSLAGER-HERINGTON-GARDNER-RAY-REPRESENTATIVE WOMER    8            

                            BENJAMIN                               9            


_________________________________________________________________   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 and one additional judge for the Eleventh  14           

                District Court of Appeals to be elected in 2000,   15           

                to specify that the term of the judge of the Lake               

                County Court of Common Pleas who is first elected  16           

                in 2000 begins on January 6, 2001, to create the   17           

                Fifth Appellate District Study Committee to                     

                review the configuration and composition of the    18           

                Fifth Appellate District, and to declare an        19           

                emergency.                                                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  That sections 2301.02, 2501.011, and 2501.012    23           

of the Revised Code be amended to read as follows:                 24           

      Sec. 2301.02.  The number of judges of the court of common   33           

pleas for each county, the time for the next election of the       34           

judges in the several counties, and the beginning of their terms   35           

shall be as follows:                                               36           

      (A)  In Adams, Ashland, Fayette, and Pike counties, one      38           

judge, elected in 1956, term to begin February 9, 1957;            39           

      In Brown, Crawford, Defiance, Highland, Holmes, Morgan,      41           

Ottawa, and Union counties, one judge, to be elected in 1954,      42           

term to begin February 9, 1955;                                    43           

      In Auglaize county, one judge, to be elected in 1956, term   45           

                                                          2      


                                                                 
to begin January 9, 1957;                                          46           

      In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,       48           

Jackson, Knox, Logan, Madison, Mercer, Monroe, Morrow, Paulding,   49           

Vinton, and Wyandot counties, one judge, to be elected in 1956,    50           

term to begin January 1, 1957;                                     51           

      In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway,    53           

Preble, Shelby, Van Wert, and Williams counties, one judge, to be  54           

elected in 1952, term to begin January 1, 1953;                    55           

      In Harrison and Noble counties, one judge, to be elected in  57           

1954, term to begin April 18, 1955;                                58           

      In Henry and Putnam counties, one judge, to be elected in    60           

1956, term to begin May 9, 1957;                                   61           

      In Huron county, one judge, to be elected in 1952, term to   63           

begin May 14, 1953;                                                64           

      In Perry county, one judge, to be elected in 1954, term to   66           

begin July 6, 1956;                                                67           

      In Sandusky county, two judges, one to be elected in 1954,   69           

term to begin February 10, 1955, and one to be elected in 1978,    70           

term to begin January 1, 1979;                                     71           

      (B)  In Allen county, three judges, one to be elected in     73           

1956, term to begin February 9, 1957, the second to be elected in  74           

1958, term to begin January 1, 1959, and the third to be elected   75           

in 1992, term to begin January 1, 1993;                            76           

      In Ashtabula county, three judges, one to be elected in      78           

1954, term to begin February 9, 1955, one to be elected in 1960,   79           

term to begin January 1, 1961, and one to be elected in 1978,      80           

term to begin January 2, 1979;                                     81           

      In Athens county, two judges, one to be elected in 1954,     83           

term to begin February 9, 1955, and one to be elected in 1990,     84           

term to begin July 1, 1991;                                        85           

      In Erie county, two judges, one to be elected in 1956, term  87           

to begin January 1, 1957, and the second to be elected in 1970,    88           

term to begin January 2, 1971;                                     89           

      In Fairfield county, three judges, one to be elected in      91           

                                                          3      


                                                                 
1954, term to begin February 9, 1955, the second to be elected in  92           

1970, term to begin January 1, 1971, and the third to be elected   93           

in 1994, term to begin January 2, 1995;                            94           

      In Geauga county, two judges, one to be elected in 1956,     96           

term to begin January 1, 1957, and the second to be elected in     97           

1976, term to begin January 1, 1977;                               98           

      In Greene county, four judges, one to be elected in 1956,    100          

term to begin February 9, 1957, the second to be elected in 1960,  101          

term to begin January 1, 1961, the third to be elected in 1978,    102          

term to begin January 2, 1979, and the fourth to be elected in     103          

1994, term to begin January 1, 1995;                               104          

      In Hancock county, two judges, one to be elected in 1952,    106          

term to begin January 1, 1953, and the second to be elected in     107          

1978, term to begin January 1, 1979;                               108          

      In Lawrence county, two judges, one to be elected in 1954,   110          

term to begin February 9, 1955, and the second to be elected in    111          

1976, term to begin January 1, 1977;                               112          

      In Marion county, three judges, one to be elected in 1952,   114          

term to begin January 1, 1953, the second to be elected in 1976,   116          

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

1998, term to begin February 9, 1999;                              117          

      In Medina county, three judges, one to be elected in 1956,   119          

term to begin January 1, 1957, the second to be elected in 1966,   120          

term to begin January 1, 1967, and the third to be elected in      121          

1994, term to begin January 1, 1995;                               122          

      In Miami county, two judges, one to be elected in 1954,      124          

term to begin February 9, 1955, and one to be elected in 1970,     125          

term to begin on January 1, 1971;                                  126          

      In Muskingum county, two judges, one to be elected in 1968,  128          

term to begin August 9, 1969, and one to be elected in 1978, term  129          

to begin January 1, 1979;                                          130          

      In Portage county, three judges, one to be elected in 1956,  132          

term to begin January 1, 1957, the second to be elected in 1960,   133          

term to begin January 1, 1961, and the third to be elected in      134          

                                                          4      


                                                                 
1986, term to begin January 2, 1987;                               135          

      In Ross county, two judges, one to be elected in 1956, term  137          

to begin February 9, 1957, and the second to be elected in 1976,   138          

term to begin January 1, 1977;                                     139          

      In Scioto county, three judges, one to be elected in 1954,   141          

term to begin February 10, 1955, the second to be elected in       142          

1960, term to begin January 1, 1961, and the third to be elected   143          

in 1994, term to begin January 2, 1995;                            144          

      In Seneca county, two judges, one to be elected in 1956,     146          

term to begin January 1, 1957, and the second to be elected in     147          

1986, term to begin January 2, 1987;                               148          

      In Warren county, three judges, one to be elected in 1954,   150          

term to begin February 9, 1955, the second to be elected in 1970,  151          

term to begin January 1, 1971, and the third to be elected in      152          

1986, term to begin January 1, 1987;                               153          

      In Washington county, two judges, one to be elected in       155          

1952, term to begin January 1, 1953, and one to be elected in      156          

1986, term to begin January 1, 1987;                               157          

      In Wood county, three judges, one to be elected in 1968,     159          

term beginning January 1, 1969, the second to be elected in 1970,  160          

term to begin January 2, 1971, and the third to be elected in      161          

1990, term to begin January 1, 1991;                               162          

      In Belmont and Jefferson counties, two judges, to be         164          

elected in 1954, terms to begin January 1, 1955, and February 9,   165          

1955, respectively;                                                166          

      In Clark county, four judges, one to be elected in 1952,     168          

term to begin January 1, 1953, the second to be elected in 1956,   169          

term to begin January 2, 1957, the third to be elected in 1986,    170          

term to begin January 3, 1987, and the fourth to be elected in     171          

1994, term to begin January 2, 1995.                               172          

      In Clermont county, four judges, one to be elected in 1956,  174          

term to begin January 1, 1957, the second to be elected in 1964,   175          

term to begin January 1, 1965, the third to be elected in 1982,    176          

term to begin January 2, 1983, and the fourth to be elected in     177          

                                                          5      


                                                                 
1986, term to begin January 2, 1987;                               178          

      In Columbiana county, two judges, one to be elected in       180          

1952, term to begin January 1, 1953, and the second to be elected  181          

in 1956, term to begin January 1, 1957;                            182          

      In Delaware county, two judges, one to be elected in 1990,   184          

term to begin February 9, 1991, the second to be elected in 1994,  185          

term to begin January 1, 1995;                                     186          

      In Lake county, six judges, one to be elected in 1958, term  189          

to begin January 1, 1959, the second to be elected in 1960, term   190          

to begin January 2, 1961, the third to be elected in 1964, term    191          

to begin January 3, 1965, the fourth and fifth to be elected in    192          

1978, terms to begin January 4, 1979, and January 5, 1979,         193          

respectively, and the sixth to be elected in 2000, term to begin   194          

January 1 6, 2001;                                                              

      In Licking county, three judges, one to be elected in 1954,  196          

term to begin February 9, 1955, one to be elected in 1964, term    197          

to begin January 1, 1965, and one to be elected in 1990, term to   198          

begin January 1, 1991;                                             199          

      In Lorain county, eight judges, two to be elected in 1952,   201          

terms to begin January 1, 1953, and January 2, 1953,               202          

respectively, one to be elected in 1958, term to begin January 3,  203          

1959, one to be elected in 1968, term to begin January 1, 1969,    204          

two to be elected in 1988, terms to begin January 4, 1989, and     206          

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

terms to begin January 2, 1999, and January 3, 1999,               207          

respectively;                                                                   

      In Butler county, eight judges, one to be elected in 1956,   209          

term to begin January 1, 1957; two to be elected in 1954, terms    210          

to begin January 1, 1955, and February 9, 1955, respectively; one  211          

to be elected in 1968, term to begin January 2, 1969; one to be    212          

elected in 1986, term to begin January 3, 1987; two to be elected  213          

in 1988, terms to begin January 1, 1989, and January 2, 1989,      214          

respectively; and one to be elected in 1992, term to begin         215          

January 4, 1993;                                                   216          

                                                          6      


                                                                 
      In Richland county, three judges, one to be elected in       218          

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

1960, term to begin February 9, 1961, and the third to be elected  220          

in 1968, term to begin January 2, 1969;                            221          

      In Tuscarawas county, two judges, one to be elected in       223          

1956, term to begin January 1, 1957, and the second to be elected  224          

in 1960, term to begin January 2, 1961;                            225          

      In Wayne county, two judges, one to be elected in 1956,      227          

term beginning January 1, 1957, and one to be elected in 1968,     228          

term to begin January 2, 1969;                                     229          

      In Trumbull county, six judges, one to be elected in 1952,   231          

term to begin January 1, 1953, the second to be elected in 1954,   232          

term to begin January 1, 1955, the third to be elected in 1956,    233          

term to begin January 1, 1957, the fourth to be elected in 1964,   234          

term to begin January 1, 1965, the fifth to be elected in 1976,    235          

term to begin January 2, 1977; and the sixth to be elected in      236          

1994, term to begin January 3, 1995;                               237          

      (C)  In Cuyahoga county, thirty-nine judges; eight to be     239          

elected in 1954, terms to begin on successive days beginning from  240          

January 1, 1955, to January 7, 1955, and February 9, 1955,         241          

respectively; eight to be elected in 1956, terms to begin on       242          

successive days beginning from January 1, 1957, to January 8,      243          

1957; three to be elected in 1952, terms to begin from January 1,  244          

1953, to January 3, 1953; two to be elected in 1960, terms to      245          

begin on January 8, 1961, and January 9, 1961, respectively; two   246          

to be elected in 1964, terms to begin January 4, 1965, and         247          

January 5, 1965, respectively; one to be elected in 1966, term to  248          

begin on January 10, 1967; four to be elected in 1968, terms to    249          

begin on successive days beginning from January 9, 1969, to        250          

January 12, 1969; two to be elected in 1974, terms to begin on     251          

January 18, 1975, and January 19, 1975, respectively; five to be   252          

elected in 1976, terms to begin on successive days beginning       253          

January 6, 1977, to January 10, 1977; two to be elected in 1982,   254          

terms to begin January 11, 1983, and January 12, 1983,             255          

                                                          7      


                                                                 
respectively; and two to be elected in 1986, terms to begin        256          

January 13, 1987, and January 14, 1987, respectively;              257          

      In Franklin county, twenty-one judges; two to be elected in  260          

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

respectively; four to be elected in 1956, terms to begin January   261          

1, 1957, to January 4, 1957; four to be elected in 1958, terms to  262          

begin January 1, 1959, to January 4, 1959; three to be elected in  263          

1968, terms to begin January 5, 1969, to January 7, 1969; three    264          

to be elected in 1976, terms to begin on successive days           265          

beginning January 5, 1977, to January 7, 1977; one to be elected   266          

in 1982, term to begin January 8, 1983; one to be elected in       267          

1986, term to begin January 9, 1987; two to be elected in 1990,    269          

terms to begin July 1, 1991, and July 2, 1991, respectively; and   270          

one to be elected in 1996, term to begin January 2, 1997;          271          

      In Hamilton county, twenty-one judges; eight to be elected   274          

in 1966, terms to begin January 1, 1967, January 2, 1967, and      275          

from February 9, 1967, to February 14, 1967, respectively; five    276          

to be elected in 1956, terms to begin from January 1, 1957, to     277          

January 5, 1957; one to be elected in 1964, term to begin January  278          

1, 1965; one to be elected in 1974, term to begin January 15,      279          

1975; one to be elected in 1980, term to begin January 16, 1981;   280          

two to be elected at large in the general election in 1982, terms  281          

to begin April 1, 1983; one to be elected in 1990, term to begin   282          

July 1, 1991; and two to be elected in 1996, terms to begin        283          

January 3, 1997, and January 4, 1997, respectively;                284          

      In Lucas county, fourteen judges; two to be elected in       286          

1954, terms to begin January 1, 1955, and February 9, 1955,        287          

respectively; two to be elected in 1956, terms to begin January    288          

1, 1957, and October 29, 1957, respectively; two to be elected in  289          

1952, terms to begin January 1, 1953, and January 2, 1953,         290          

respectively; one to be elected in 1964, term to begin January 3,  291          

1965; one to be elected in 1968, term to begin January 4, 1969;    292          

two to be elected in 1976, terms to begin January 4, 1977, and     293          

January 5, 1977, respectively; one to be elected in 1982, term to  294          

                                                          8      


                                                                 
begin January 6, 1983; one to be elected in 1988, term to begin    295          

January 7, 1989; one to be elected in 1990, term to begin January  296          

2, 1991; and one to be elected in 1992, term to begin January 2,   297          

1993;                                                              298          

      In Mahoning county, seven judges; three to be elected in     300          

1954, terms to begin January 1, 1955, January 2, 1955, and         301          

February 9, 1955, respectively; one to be elected in 1956, term    302          

to begin January 1, 1957; one to be elected in 1952, term to       303          

begin January 1, 1953; one to be elected in 1968, term to begin    304          

January 2, 1969; and one to be elected in 1990, term to begin      305          

July 1, 1991;                                                      306          

      In Montgomery county, fifteen judges; three to be elected    308          

in 1954, terms to begin January 1, 1955, January 2, 1955, and      309          

January 3, 1955, respectively; four to be elected in 1952, terms   310          

to begin January 1, 1953, January 2, 1953, July 1, 1953, July 2,   311          

1953, respectively; one to be elected in 1964, term to begin       312          

January 3, 1965; one to be elected in 1968, term to begin January  313          

3, 1969; three to be elected in 1976, terms to begin on            314          

successive days beginning January 4, 1977, to January 6, 1977;     315          

two to be elected in 1990, terms to begin July 1, 1991, and July   316          

2, 1991, respectively; and one to be elected in 1992, term to      317          

begin January 1, 1993.                                             318          

      In Stark county, eight judges; one to be elected in 1958,    320          

term to begin on January 2, 1959; two to be elected in 1954,       321          

terms to begin on January 1, 1955, and February 9, 1955,           322          

respectively; two to be elected in 1952, terms to begin January    323          

1, 1953, and April 16, 1953, respectively; one to be elected in    324          

1966, term to begin on January 4, 1967; and two to be elected in   325          

1992, terms to begin January 1, 1993, and January 2, 1993,         326          

respectively;                                                      327          

      In Summit county, eleven judges; four to be elected in       329          

1954, terms to begin January 1, 1955, January 2, 1955, January 3,  330          

1955, and February 9, 1955, respectively; three to be elected in   331          

1958, terms to begin January 1, 1959, January 2, 1959, and May     332          

                                                          9      


                                                                 
17, 1959, respectively; one to be elected in 1966, term to begin   333          

January 4, 1967; one to be elected in 1968, term to begin January  334          

5, 1969; one to be elected in 1990, term to begin May 1, 1991;     335          

and one to be elected in 1992, term to begin January 6, 1993.      336          

      Notwithstanding the foregoing provisions, in any county      338          

having two or more judges of the court of common pleas, in which   339          

more than one-third of the judges plus one were previously         340          

elected at the same election, if the office of one of those        341          

judges so elected becomes vacant more than forty days prior to     342          

the second general election preceding the expiration of that       343          

judge's term, the office that that judge had filled shall be       344          

abolished as of the date of the next general election, and a new   345          

office of judge of the court of common pleas shall be created.     346          

The judge who is to fill that new office shall be elected for a    347          

six-year term at the next general election, and the term of that   349          

judge shall commence on the first day of the year following that   350          

general election, on which day no other judge's term begins, so    351          

that the number of judges that the county shall elect shall not    353          

be reduced.                                                        354          

      Judges of the probate division of the court of common pleas  356          

are judges of the court of common pleas but shall be elected       357          

pursuant to sections 2101.02 and 2101.021 of the Revised Code,     358          

except in Adams, Harrison, Henry, Morgan, Morrow, Noble, and       359          

Wyandot counties in which the judge of the court of common pleas   360          

elected pursuant to this section also shall serve as judge of the  362          

probate division.                                                  363          

      Sec. 2501.011.  (A)  There shall be two THREE additional     372          

judges of the court of appeals of the fifth district, composed of  373          

Ashland, Coshocton, Delaware, Fairfield, Guernsey, Holmes, Knox,   374          

Licking, Morgan, Morrow, Muskingum, Perry, Richland, Stark, and    375          

Tuscarawas counties.                                               376          

      One of the additional judges of the fifth district court of  378          

appeals shall be elected at the general election in 1980 for a     379          

term of six years beginning February 10, 1981.  One of the         380          

                                                          10     


                                                                 
additional judges of the fifth district court of appeals shall be  381          

elected at the general election in 1982 for a term of six years    382          

beginning February 10, 1983.  ONE OF THE ADDITIONAL JUDGES OF THE  383          

FIFTH DISTRICT COURT OF APPEALS SHALL BE ELECTED AT THE GENERAL    384          

ELECTION IN 2000 FOR A TERM OF SIX YEARS BEGINNING FEBRUARY 11,    385          

2001.  The additional judges shall thereafter be elected to hold   388          

terms of six years.                                                             

      In the fifth district, any three judges shall comprise the   390          

court of appeals in the hearing and disposition of cases in        391          

accordance with any local rules of practice and procedure that     392          

may be adopted by the judges of the court.                         393          

      (B)  There shall be two additional judges of the court of    395          

appeals of the sixth district, composed of Erie, Fulton, Huron,    396          

Lucas, Ottawa, Sandusky, Williams, and Wood counties.              397          

      One of the additional judges of the sixth district court of  399          

appeals shall be elected at the general election in 1980 for a     400          

term of six years beginning February 10, 1981.  One of the         401          

additional judges of the sixth district court of appeals shall be  402          

elected at the general election in 1990 for a term of six years    403          

beginning on February 10, 1991.  The additional judges shall       404          

thereafter be elected to hold terms of six years.                  405          

      In the sixth district, any three judges shall comprise the   407          

court of appeals in the hearing and disposition of cases in        408          

accordance with any local rules of practice and procedure that     409          

may be adopted by the judges of the court.                         410          

      (C)  There shall be one additional judge of the court of     412          

appeals of the seventh district, composed of Belmont, Carroll,     414          

Columbiana, Harrison, Jefferson, Mahoning, Monroe, and Noble       416          

counties.                                                                       

      The additional judge shall be elected at the general         418          

election in 1996 for a term of six years beginning February 10,    419          

1997.  The additional judge thereafter shall be elected to hold    420          

terms of six years.                                                             

      In the seventh district, any three judges shall comprise     422          

                                                          11     


                                                                 
the court of appeals in the hearing and disposition of cases in    423          

accordance with any local rules of practice and procedure that     424          

may be adopted by the judges of the court.                         425          

      (D)  The judges provided for in this section and sections    427          

2501.012 and 2501.013 of the Revised Code shall exercise the same  428          

powers and jurisdiction and perform the same duties as the judges  429          

of the courts of appeals; and shall receive the same               430          

compensation, as provided by law, for the judges of the courts of  431          

appeals.                                                           432          

      Sec. 2501.012.  (A)  There shall be nine additional judges   441          

of the court of appeals of the eighth district, composed of        442          

Cuyahoga county.                                                   443          

      Three of the additional judges of the eighth district court  445          

of appeals shall be elected at the general election in 1962 for a  446          

term of six years, their terms to commence on successive days      447          

beginning on the first day of January, 1963.  Three of the         448          

additional judges of the eighth district court of appeals shall    449          

be elected at the general election in 1976 for a term of six       450          

years, their terms to commence on successive days beginning on     451          

the first day of January, 1977.  Three of the additional judges    452          

of the eighth district court of appeals shall be elected at the    453          

general election in 1990 for a term of six years, their terms to   454          

commence on successive days beginning on February 10, 1991.  The   455          

additional judges shall thereafter be elected to hold terms of     456          

six years.                                                         457          

      In the eighth district, any three judges shall comprise the  459          

court of appeals in the hearing and disposition of cases in        460          

accordance with any local rules of practice and procedure that     461          

may be adopted by the judges of the court.                         462          

      (B)  There shall be two additional judges of the court of    464          

appeals of the ninth district, composed of Lorain, Medina,         465          

Summit, and Wayne counties.                                        466          

      One of the additional judges of the ninth district court of  468          

appeals shall be elected at the general election in 1980 for a     469          

                                                          12     


                                                                 
term of six years beginning February 10, 1981.  One of the         470          

additional judges of the ninth district court of appeals shall be  471          

elected at the general election in 1986 for a term of six years    472          

beginning February 11, 1987.  The additional judges shall          473          

thereafter be elected to hold terms of six years.                  474          

      In the ninth district, any three judges shall comprise the   476          

court of appeals in the hearing and disposition of cases in        477          

accordance with any local rules of practice and procedure that     478          

may be adopted by the judges of the court.                         479          

      (C)  There shall be five additional judges of the court of   481          

appeals of the tenth district, composed of Franklin county.        482          

      One of the additional judges of the tenth district court of  484          

appeals shall be elected at the general election in 1962 for a     485          

term of six years beginning January 1, 1963.  One of the           486          

additional judges of the tenth district court of appeals shall be  487          

elected at the general election in 1970 for a term of six years    488          

beginning February 10, 1971.  One of the additional judges of the  489          

tenth district court of appeals shall be elected at the general    490          

election in 1980 for a term of six years beginning January 2,      491          

1981.  One of the additional judges of the tenth district court    492          

of appeals shall be elected at the general election in 1986 for a  493          

term of six years beginning January 3, 1987.  One of the           494          

additional judges of the tenth district court of appeals shall be  495          

elected at the general election in 1990 for a term of six years    496          

beginning July 1, 1991.  The additional judges shall thereafter    497          

be elected to hold terms of six years.                             498          

      In the tenth district, any three judges shall comprise the   500          

court of appeals in the hearing and disposition of cases in        501          

accordance with any local rules of practice and procedure that     502          

may be adopted by the judges of the court.                         503          

      (D)  There shall be one TWO additional judge JUDGES of the   506          

court of appeals of the eleventh district, composed of Lake,       507          

Ashtabula, Geauga, Trumbull, and Portgage PORTAGE counties.        508          

      The ONE OF THE additional judge JUDGES OF THE ELEVENTH       510          

                                                          13     


                                                                 
DISTRICT COURT OF APPEALS shall be elected at the general          511          

election in 1990 for a term of six years beginning February 10,    512          

1991.  ONE OF THE ADDITIONAL JUDGES OF THE ELEVENTH DISTRICT       513          

COURT OF APPEALS SHALL BE ELECTED AT THE GENERAL ELECTION IN 2000  514          

FOR A TERM OF SIX YEARS BEGINNING FEBRUARY 10, 2001.  The          515          

additional judge JUDGES shall thereafter be elected to hold terms  517          

of six years.                                                                   

      In the eleventh district, any three judges shall comprise    519          

the court of appeals in the hearing and disposition of cases in    520          

accordance with any local rules of practice and procedure that     521          

may be adopted by the judges of the court.                         522          

      (E)  There shall be one additional judge of the court of     524          

appeals of the twelfth district, composed of Brown, Butler,        525          

Clermont, Clinton, Fayette, Madison, Preble, and Warren counties.  526          

      The additional judge shall be elected at the general         528          

election in 1986 for a term of six years beginning February 10,    529          

1987.  The additional judge shall thereafter be elected to hold    530          

terms of six years.                                                531          

      In the twelfth district, any three judges shall comprise     533          

the court of appeals in the hearing and disposition of cases in    534          

accordance with any local rules of practice and procedure that     535          

may be adopted by the judges of the court.                         536          

      (F)  Any judge of the court of appeals may be assigned by    538          

the chief justice of the supreme court to hold court in another    539          

district and shall hold court in the district to which he THE      540          

JUDGE is assigned.                                                 541          

      Section 2.  That existing sections 2301.02, 2501.011, and    543          

2501.012 of the Revised Code are hereby repealed.                  544          

      Section 3.  (A)  There is hereby created the Fifth           546          

Appellate District Study Committee, which shall consist of the     547          

following members:                                                              

      (1)  All members of the House of Representatives that        549          

represent the counties that comprise the Fifth Appellate           550          

District;                                                                       

                                                          14     


                                                                 
      (2)  All members of the Senate that represent the counties   552          

that comprise the Fifth Appellate District;                        553          

      (3)  The Chief Justice of the Supreme Court, or the Chief    555          

Justice's designee.                                                556          

      (4)  The Chair of the House Criminal Justice Committee;      558          

      (5)  The Chair of the Senate Judiciary Committee;            560          

      (6)  A member of the House of Representatives appointed by   562          

the House Minority Leader;                                         563          

      (7) A member of the Senate appointed by the Senate Minority  565          

Leader.                                                            566          

      (B)  The Chair of the House Criminal Justice Committee, or   568          

the Chair's designee, shall chair the Fifth Appellate District     569          

Study Committee.  The Chair of the Study Committee shall hold the  570          

Study Committee's first meeting not later than January 20, 2000.   571          

      The Study Committee shall study the configuration and        573          

composition of the Fifth Appellate District.  Not later than June  574          

30, 2000, the Study Committee shall submit recommendations on      575          

whether and how to revise the configuration and composition of     576          

the Fifth Appellate District to the Speaker and Minority Leader    577          

of the House of Representatives, the President and Minority        578          

Leader of the Senate, the Chair of the House Criminal Justice      579          

Committee, the Chair of the Senate Judiciary Committee, and the    580          

Chief Justice of the Supreme Court.  The Fifth Appellate District  581          

Committee shall cease to exist on July 1, 2000.                    582          

      Section 4.  This act is hereby declared to be an emergency   584          

measure necessary for the immediate preservation of the public     585          

peace, health, and safety.  The reason for such necessity is that  586          

it is crucial that this act be enacted into law at the earliest    587          

possible time to enable candidates for the new judicial positions  588          

that are created by this act to timely file their declarations of  589          

candidacy and statements of candidacy and nominating petitions.    590          

Therefore, this act shall go into immediate effect.                591