As Passed by the House

124th General Assembly
Regular Session
2001-2002
Am. H. B. No. 499


REPRESENTATIVES Cates, Latta, Seitz, Faber, Willamowski, Callender, Webster, Jolivette, Schmidt, Coates, Womer Benjamin, Fessler, Schneider, Schaffer, Carano, Salerno, Clancy

A BILL
To amend section 2301.02 of the Revised Code to add1
one additional judge for the general division of2
the Butler County Court of Common Pleas to be3
elected in 2002 and to declare an emergency.4


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

       Section 1. That section 2301.02 of the Revised Code be5
amended to read as follows:6

       Sec. 2301.02.  The number of judges of the court of common7
pleas for each county, the time for the next election of the8
judges in the several counties, and the beginning of their terms9
shall be as follows:10

       (A) In Adams, Ashland, Fayette, and Pike counties, one11
judge, elected in 1956, term to begin February 9, 1957;12

       In Brown, Crawford, Defiance, Highland, Holmes, Morgan,13
Ottawa, and Union counties, one judge, to be elected in 1954, term14
to begin February 9, 1955;15

       In Auglaize county, one judge, to be elected in 1956, term to16
begin January 9, 1957;17

       In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,18
Jackson, Knox, Logan, Madison, Mercer, Monroe, Morrow, Paulding,19
Vinton, and Wyandot counties, one judge, to be elected in 1956,20
term to begin January 1, 1957;21

       In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway,22
Preble, Shelby, Van Wert, and Williams counties, one judge, to be23
elected in 1952, term to begin January 1, 1953;24

       In Harrison and Noble counties, one judge, to be elected in25
1954, term to begin April 18, 1955;26

       In Henry and Putnam counties, one judge, to be elected in27
1956, term to begin May 9, 1957;28

       In Huron county, one judge, to be elected in 1952, term to29
begin May 14, 1953;30

       In Perry county, one judge, to be elected in 1954, term to31
begin July 6, 1956;32

       In Sandusky county, two judges, one to be elected in 1954,33
term to begin February 10, 1955, and one to be elected in 1978,34
term to begin January 1, 1979;35

       (B) In Allen county, three judges, one to be elected in36
1956, term to begin February 9, 1957, the second to be elected in37
1958, term to begin January 1, 1959, and the third to be elected38
in 1992, term to begin January 1, 1993;39

       In Ashtabula county, three judges, one to be elected in 1954,40
term to begin February 9, 1955, one to be elected in 1960, term to41
begin January 1, 1961, and one to be elected in 1978, term to42
begin January 2, 1979;43

       In Athens county, two judges, one to be elected in 1954, term44
to begin February 9, 1955, and one to be elected in 1990, term to45
begin July 1, 1991;46

       In Erie county, two judges, one to be elected in 1956, term47
to begin January 1, 1957, and the second to be elected in 1970,48
term to begin January 2, 1971;49

       In Fairfield county, three judges, one to be elected in 1954,50
term to begin February 9, 1955, the second to be elected in 1970,51
term to begin January 1, 1971, and the third to be elected in52
1994, term to begin January 2, 1995;53

       In Geauga county, two judges, one to be elected in 1956, term54
to begin January 1, 1957, and the second to be elected in 1976,55
term to begin January 6, 1977;56

       In Greene county, four judges, one to be elected in 1956,57
term to begin February 9, 1957, the second to be elected in 1960,58
term to begin January 1, 1961, the third to be elected in 1978,59
term to begin January 2, 1979, and the fourth to be elected in60
1994, term to begin January 1, 1995;61

       In Hancock county, two judges, one to be elected in 1952,62
term to begin January 1, 1953, and the second to be elected in63
1978, term to begin January 1, 1979;64

       In Lawrence county, two judges, one to be elected in 1954,65
term to begin February 9, 1955, and the second to be elected in66
1976, term to begin January 1, 1977;67

       In Marion county, three judges, one to be elected in 1952,68
term to begin January 1, 1953, the second to be elected in 1976,69
term to begin January 2, 1977, and the third to be elected in70
1998, term to begin February 9, 1999;71

       In Medina county, three judges, one to be elected in 1956,72
term to begin January 1, 1957, the second to be elected in 1966,73
term to begin January 1, 1967, and the third to be elected in74
1994, term to begin January 1, 1995;75

       In Miami county, two judges, one to be elected in 1954, term76
to begin February 9, 1955, and one to be elected in 1970, term to77
begin on January 1, 1971;78

       In Muskingum county, three judges, one to be elected in79
1968, term to begin August 9, 1969, one to be elected in 1978,80
term to begin January 1, 1979, and one to be elected in 2002, term81
to begin January 2, 2003;82

       In Portage county, three judges, one to be elected in 1956,83
term to begin January 1, 1957, the second to be elected in 1960,84
term to begin January 1, 1961, and the third to be elected in85
1986, term to begin January 2, 1987;86

       In Ross county, two judges, one to be elected in 1956, term87
to begin February 9, 1957, and the second to be elected in 1976,88
term to begin January 1, 1977;89

       In Scioto county, three judges, one to be elected in 1954,90
term to begin February 10, 1955, the second to be elected in 1960,91
term to begin January 1, 1961, and the third to be elected in92
1994, term to begin January 2, 1995;93

       In Seneca county, two judges, one to be elected in 1956, term94
to begin January 1, 1957, and the second to be elected in 1986,95
term to begin January 2, 1987;96

       In Warren county, three judges, one to be elected in 1954,97
term to begin February 9, 1955, the second to be elected in 1970,98
term to begin January 1, 1971, and the third to be elected in99
1986, term to begin January 1, 1987;100

       In Washington county, two judges, one to be elected in 1952,101
term to begin January 1, 1953, and one to be elected in 1986, term102
to begin January 1, 1987;103

       In Wood county, three judges, one to be elected in 1968, term104
beginning January 1, 1969, the second to be elected in 1970, term105
to begin January 2, 1971, and the third to be elected in 1990,106
term to begin January 1, 1991;107

       In Belmont and Jefferson counties, two judges, to be elected108
in 1954, terms to begin January 1, 1955, and February 9, 1955,109
respectively;110

       In Clark county, four judges, one to be elected in 1952, term111
to begin January 1, 1953, the second to be elected in 1956, term112
to begin January 2, 1957, the third to be elected in 1986, term to113
begin January 3, 1987, and the fourth to be elected in 1994, term114
to begin January 2, 1995.115

       In Clermont county, four judges, one to be elected in 1956,116
term to begin January 1, 1957, the second to be elected in 1964,117
term to begin January 1, 1965, the third to be elected in 1982,118
term to begin January 2, 1983, and the fourth to be elected in119
1986, term to begin January 2, 1987;120

       In Columbiana county, two judges, one to be elected in 1952,121
term to begin January 1, 1953, and the second to be elected in122
1956, term to begin January 1, 1957;123

       In Delaware county, two judges, one to be elected in 1990,124
term to begin February 9, 1991, the second to be elected in 1994,125
term to begin January 1, 1995;126

       In Lake county, six judges, one to be elected in 1958, term127
to begin January 1, 1959, the second to be elected in 1960, term128
to begin January 2, 1961, the third to be elected in 1964, term to129
begin January 3, 1965, the fourth and fifth to be elected in 1978,130
terms to begin January 4, 1979, and January 5, 1979, respectively,131
and the sixth to be elected in 2000, term to begin January 6,132
2001;133

       In Licking county, three judges, one to be elected in 1954,134
term to begin February 9, 1955, one to be elected in 1964, term to135
begin January 1, 1965, and one to be elected in 1990, term to136
begin January 1, 1991;137

       In Lorain county, eight judges, two to be elected in 1952,138
terms to begin January 1, 1953, and January 2, 1953, respectively,139
one to be elected in 1958, term to begin January 3, 1959, one to140
be elected in 1968, term to begin January 1, 1969, two to be141
elected in 1988, terms to begin January 4, 1989, and January 5,142
1989, respectively, and two to be elected in 1998, terms to begin143
January 2, 1999, and January 3, 1999, respectively;144

       In Butler county, nineten judges, one to be elected in 1956,145
term to begin January 1, 1957; two to be elected in 1954, terms to146
begin January 1, 1955, and February 9, 1955, respectively; one to147
be elected in 1968, term to begin January 2, 1969; one to be148
elected in 1986, term to begin January 3, 1987; two to be elected149
in 1988, terms to begin January 1, 1989, and January 2, 1989,150
respectively; one to be elected in 1992, term to begin January 4,151
1993; and onetwo to be elected in 2002, termterms to begin152
January 2, 2003, and January 3, 2003, respectively;153

       In Richland county, three judges, one to be elected in 1956,154
term to begin January 1, 1957, the second to be elected in 1960,155
term to begin February 9, 1961, and the third to be elected in156
1968, term to begin January 2, 1969;157

       In Tuscarawas county, two judges, one to be elected in 1956,158
term to begin January 1, 1957, and the second to be elected in159
1960, term to begin January 2, 1961;160

       In Wayne county, two judges, one to be elected in 1956, term161
beginning January 1, 1957, and one to be elected in 1968, term to162
begin January 2, 1969;163

       In Trumbull county, six judges, one to be elected in 1952,164
term to begin January 1, 1953, the second to be elected in 1954,165
term to begin January 1, 1955, the third to be elected in 1956,166
term to begin January 1, 1957, the fourth to be elected in 1964,167
term to begin January 1, 1965, the fifth to be elected in 1976,168
term to begin January 2, 1977, and the sixth to be elected in169
1994, term to begin January 3, 1995;170

       (C) In Cuyahoga county, thirty-nine judges; eight to be171
elected in 1954, terms to begin on successive days beginning from172
January 1, 1955, to January 7, 1955, and February 9, 1955,173
respectively; eight to be elected in 1956, terms to begin on174
successive days beginning from January 1, 1957, to January 8,175
1957; three to be elected in 1952, terms to begin from January 1,176
1953, to January 3, 1953; two to be elected in 1960, terms to177
begin on January 8, 1961, and January 9, 1961, respectively; two178
to be elected in 1964, terms to begin January 4, 1965, and January179
5, 1965, respectively; one to be elected in 1966, term to begin on180
January 10, 1967; four to be elected in 1968, terms to begin on181
successive days beginning from January 9, 1969, to January 12,182
1969; two to be elected in 1974, terms to begin on January 18,183
1975, and January 19, 1975, respectively; five to be elected in184
1976, terms to begin on successive days beginning January 6, 1977,185
to January 10, 1977; two to be elected in 1982, terms to begin186
January 11, 1983, and January 12, 1983, respectively; and two to187
be elected in 1986, terms to begin January 13, 1987, and January188
14, 1987, respectively;189

       In Franklin county, twenty-one judges; two to be elected in190
1954, terms to begin January 1, 1955, and February 9, 1955,191
respectively; four to be elected in 1956, terms to begin January192
1, 1957, to January 4, 1957; four to be elected in 1958, terms to193
begin January 1, 1959, to January 4, 1959; three to be elected in194
1968, terms to begin January 5, 1969, to January 7, 1969; three to195
be elected in 1976, terms to begin on successive days beginning196
January 5, 1977, to January 7, 1977; one to be elected in 1982,197
term to begin January 8, 1983; one to be elected in 1986, term to198
begin January 9, 1987; two to be elected in 1990, terms to begin199
July 1, 1991, and July 2, 1991, respectively; and one to be200
elected in 1996, term to begin January 2, 1997;201

       In Hamilton county, twenty-one judges; eight to be elected in202
1966, terms to begin January 1, 1967, January 2, 1967, and from203
February 9, 1967, to February 14, 1967, respectively; five to be204
elected in 1956, terms to begin from January 1, 1957, to January205
5, 1957; one to be elected in 1964, term to begin January 1, 1965;206
one to be elected in 1974, term to begin January 15, 1975; one to207
be elected in 1980, term to begin January 16, 1981; two to be208
elected at large in the general election in 1982, terms to begin209
April 1, 1983; one to be elected in 1990, term to begin July 1,210
1991; and two to be elected in 1996, terms to begin January 3,211
1997, and January 4, 1997, respectively;212

       In Lucas county, fourteen judges; two to be elected in 1954,213
terms to begin January 1, 1955, and February 9, 1955,214
respectively; two to be elected in 1956, terms to begin January 1,215
1957, and October 29, 1957, respectively; two to be elected in216
1952, terms to begin January 1, 1953, and January 2, 1953,217
respectively; one to be elected in 1964, term to begin January 3,218
1965; one to be elected in 1968, term to begin January 4, 1969;219
two to be elected in 1976, terms to begin January 4, 1977, and220
January 5, 1977, respectively; one to be elected in 1982, term to221
begin January 6, 1983; one to be elected in 1988, term to begin222
January 7, 1989; one to be elected in 1990, term to begin January223
2, 1991; and one to be elected in 1992, term to begin January 2,224
1993;225

       In Mahoning county, seven judges; three to be elected in226
1954, terms to begin January 1, 1955, January 2, 1955, and227
February 9, 1955, respectively; one to be elected in 1956, term to228
begin January 1, 1957; one to be elected in 1952, term to begin229
January 1, 1953; one to be elected in 1968, term to begin January230
2, 1969; and one to be elected in 1990, term to begin July 1,231
1991;232

       In Montgomery county, fifteen judges; three to be elected in233
1954, terms to begin January 1, 1955, January 2, 1955, and January234
3, 1955, respectively; four to be elected in 1952, terms to begin235
January 1, 1953, January 2, 1953, July 1, 1953, July 2, 1953,236
respectively; one to be elected in 1964, term to begin January 3,237
1965; one to be elected in 1968, term to begin January 3, 1969;238
three to be elected in 1976, terms to begin on successive days239
beginning January 4, 1977, to January 6, 1977; two to be elected240
in 1990, terms to begin July 1, 1991, and July 2, 1991,241
respectively; and one to be elected in 1992, term to begin January242
1, 1993.243

       In Stark county, eight judges; one to be elected in 1958,244
term to begin on January 2, 1959; two to be elected in 1954, terms245
to begin on January 1, 1955, and February 9, 1955, respectively;246
two to be elected in 1952, terms to begin January 1, 1953, and247
April 16, 1953, respectively; one to be elected in 1966, term to248
begin on January 4, 1967; and two to be elected in 1992, terms to249
begin January 1, 1993, and January 2, 1993, respectively;250

       In Summit county, eleven judges; four to be elected in 1954,251
terms to begin January 1, 1955, January 2, 1955, January 3, 1955,252
and February 9, 1955, respectively; three to be elected in 1958,253
terms to begin January 1, 1959, January 2, 1959, and May 17, 1959,254
respectively; one to be elected in 1966, term to begin January 4,255
1967; one to be elected in 1968, term to begin January 5, 1969;256
one to be elected in 1990, term to begin May 1, 1991; and one to257
be elected in 1992, term to begin January 6, 1993.258

       Notwithstanding the foregoing provisions, in any county259
having two or more judges of the court of common pleas, in which260
more than one-third of the judges plus one were previously elected261
at the same election, if the office of one of those judges so262
elected becomes vacant more than forty days prior to the second263
general election preceding the expiration of that judge's term,264
the office that that judge had filled shall be abolished as of the265
date of the next general election, and a new office of judge of266
the court of common pleas shall be created. The judge who is to267
fill that new office shall be elected for a six-year term at the268
next general election, and the term of that judge shall commence269
on the first day of the year following that general election, on270
which day no other judge's term begins, so that the number of271
judges that the county shall elect shall not be reduced.272

       Judges of the probate division of the court of common pleas273
are judges of the court of common pleas but shall be elected274
pursuant to sections 2101.02 and 2101.021 of the Revised Code,275
except in Adams, Harrison, Henry, Morgan, Morrow, Noble, and276
Wyandot counties in which the judge of the court of common pleas277
elected pursuant to this section also shall serve as judge of the278
probate division.279

       Section 2. That existing section 2301.02 of the Revised Code280
is hereby repealed.281

       Section 3. (A) Notwithstanding any contrary provision of282
section 3513.05 of the Revised Code or any other provision of the283
Revised Code to the contrary, for the primary election held in284
2002, any person desiring to become a candidate for party285
nomination for the office of judge of the Butler County Court of286
Common Pleas established by this act shall file a declaration of287
candidacy and petition and pay the fee, if any, required by288
section 3513.10 of the Revised Code, not later than 4:00 p.m. on289
February 28, 2002. The declaration of candidacy and petition290
shall be filed at the same time as one instrument with the Board291
of Elections of Butler County.292

       (B) Notwithstanding any contrary provision of section293
3513.05 of the Revised Code or any other provision of the Revised294
Code to the contrary, for the 2002 primary election, the petitions295
accompanying the declarations of candidacy for party nomination296
for the office of judge of the Butler County Court of Common Pleas297
established by this act shall be open to public inspection until 4298
p.m. on March 2, 2002.299

       (C) Notwithstanding any contrary provision of section300
3513.05 of the Revised Code or any other provision of the Revised301
Code to the contrary, for the 2002 primary election, the Board of302
Elections of Butler county, not later than 4:00 p.m. on March 2,303
2002, shall examine and determine the validity or invalidity of304
the signatures on the petitions filed with it for party nomination305
for the office of judge of the Butler County Court of Common Pleas306
established by this act.307

       (D) Except as otherwise provided in divisions (A), (B), and308
(C) of this section, for the 2002 primary election, the provisions309
of section 3513.05 of the Revised Code and any other provisions of310
the Revised Code that are applicable to party nominations for the311
office of judge of a court of common pleas apply to a party312
nomination for the office of judge of the Butler County Court of313
Common Pleas established by this act.314

       Section 4. (A) Pursuant to sections 141.04 and 141.05 of the 315
Revised Code, the state shall pay its required portion of the 316
compensation of the new judge of the Butler County Court of Common 317
Pleas who is first elected in 2002, and whose term begins on 318
January 3, 2003, that is due for services that the judge performs 319
from January 3, 2003, through June 30, 2003.320

       (B) Notwithstanding sections 141.04 and 141.05 of the 321
Revised Code, Butler County shall reimburse the state for the 322
amount of compensation that the state pays pursuant to division 323
(A) of this section for the new judge of the Butler County Court 324
of Common Pleas whose term began on January 3, 2003, for services 325
the judge performs from January 3, 2003, through June 30, 2003.326

       Section 5. This act is hereby declared to be an emergency327
measure necessary for the immediate preservation of the public328
peace, health, and safety. The reason for such necessity is that329
a person desiring to become a candidate for a party nomination at330
the primary election to be held on May 7, 2002, and for election331
under this act as the judge for the general division of the Butler332
County Court of Common Pleas who is to be elected in the general333
election on November 5, 2002, and whose term begins on January 3,334
2003, must file a declaration of candidacy and petition as335
provided in Section 3 of this act, not later than four p.m. on336
February 28, 2002. Therefore, this act shall go into immediate337
effect.338