| Akron, Alliance, Ashland, Ashtabula, Athens, Avon Lake, | 51 |
|
Barberton, Bedford, Bellefontaine, Bellevue, Berea,
Bowling Green, | 52 |
|
Bryan, Bucyrus, Cambridge, Campbell, Canton,
Celina, Chardon, | 53 |
|
Chesapeake, Chillicothe, Cincinnati,
Circleville, Cleveland, | 54 |
|
Cleveland Heights, Columbus, Conneaut,
Coshocton, Cuyahoga Falls, | 55 |
|
Dayton, Defiance, Delaware, East
Cleveland, East Liverpool, Eaton, | 56 |
|
Elyria, Euclid, Fairborn,
Fairfield, Findlay, Fostoria, Franklin, | 57 |
|
Fremont, Gallipolis,
Garfield Heights,
Georgetown, Girard, | 58 |
|
Hamilton,
Hillsboro, Huron, Ironton,
Jackson, Kenton, Kettering, | 59 |
|
Lakewood,
Lancaster, Lebanon, Lima,
Logan, London, Lorain, | 60 |
|
Lyndhurst,
Mansfield,
Marietta, Marion, Marysville, Mason, | 61 |
|
Massillon, Maumee,
Medina, Mentor,
Miamisburg,
Middletown,
Mount | 62 |
|
Gilead,
Mount
Vernon, Napoleon, Newark, New Philadelphia,
Newton | 63 |
|
Falls, Niles,
Norwalk, Oakwood, Oberlin, Oregon,
Painesville, | 64 |
|
Parma, Perrysburg,
Port Clinton, Portsmouth,
Ravenna, Rocky River, | 65 |
|
Sandusky, Shaker
Heights, Shelby, Sidney,
South Euclid, | 66 |
|
Springfield, Steubenville,
Struthers, Sylvania,
Tiffin, Toledo, | 67 |
|
Troy, Upper Sandusky, Urbana,
Vandalia, Van Wert,
Vermilion, | 68 |
|
Wadsworth, Wapakoneta, Warren, City
of Washington in
Fayette | 69 |
|
county, to be known as Washington Court
House,
Willoughby, | 70 |
|
Wilmington, Wooster, Xenia, Youngstown, and
Zanesville. | 71 |
| The Bowling Green municipal court has jurisdiction within
the | 189 |
|
municipal corporations of Bairdstown, Bloomdale, Bradner,
Custar, | 190 |
|
Cygnet, Grand Rapids, Haskins, Hoytville, Jerry City,
Milton | 191 |
|
Center, North Baltimore, Pemberville, Portage, Rising Sun, | 192 |
|
Tontogany, Wayne, and Weston, and within Bloom, Center, Freedom, | 193 |
|
Grand Rapids, Henry, Jackson, Liberty, Middleton, Milton, | 194 |
|
Montgomery, Plain, Portage, Washington, Webster, and Weston | 195 |
|
townships in Wood county. | 196 |
| Sec. 1901.027. In addition to the territorial jurisdiction | 477 |
|
conferred by
section 1901.02 of the Revised Code, the municipal | 478 |
|
courts established in
Athens, Batavia, East Liverpool, Gallipolis, | 479 |
| Georgetown,
Cincinnati, Ironton, Chesapeake,
Marietta, Portsmouth, | 480 |
|
and
Steubenville and the municipal court established within | 481 |
|
Columbiana
county that is described in division (C) of section | 482 |
|
1901.01 of the
Revised Code
have jurisdiction beyond the north or | 483 |
|
northwest shore
of the Ohio river extending to the opposite shore | 484 |
|
line,
between
the extended boundary lines of any adjacent | 485 |
|
municipal courts or
adjacent county courts. Each of the municipal | 486 |
|
courts that is
given
jurisdiction on the Ohio river by this | 487 |
|
section has
concurrent jurisdiction on
the Ohio river with any | 488 |
|
adjacent
municipal courts or adjacent
county courts that border on | 489 |
|
that
river and with any court of Kentucky or of
West
Virginia that | 490 |
|
borders on the Ohio river and that has jurisdiction on the Ohio | 491 |
|
river under the law of Kentucky or the law of West Virginia, | 492 |
|
whichever is
applicable, or under federal law. | 493 |
| Sec. 1901.04. Upon the institution of a municipal court | 523 |
| other than the Brown county municipal court or the Morrow county | 524 |
|
municipal court,
the jurisdiction of the mayor in all civil and | 525 |
|
criminal causes
terminates within the municipal corporation in | 526 |
which the
municipal court is located.
All otherThe institution of | 527 |
|
the Brown county municipal court or the Morrow county municipal | 528 |
|
court does not terminate or affect the jurisdiction of the mayor | 529 |
|
of Georgetown or the mayor of Mount Gilead, respectively, in any | 530 |
|
civil or criminal cause. Upon the institution of either court, the | 531 |
|
mayor of Georgetown and the mayor of Mount Gilead retain | 532 |
|
jurisdiction in causes as described in section 1905.01 of the | 533 |
|
Revised Code. Those mayors shall exercise that jurisdiction | 534 |
|
concurrently with the municipal court. Upon the institution of a | 535 |
|
municipal court, all mayors
of municipal corporations within the | 536 |
|
territory
other than the municipal corporation in which the court | 537 |
|
is located may retain any jurisdiction that is now provided in all | 538 |
|
criminal causes involving violation of ordinances of their | 539 |
|
respective municipal corporations and in all criminal causes | 540 |
|
involving moving traffic violations occurring on state highways | 541 |
|
located within their respective municipal corporations, to be | 542 |
|
exercised concurrently with the municipal court. | 543 |
| In all cases over which the municipal court is given | 555 |
|
jurisdiction and for which the jurisdiction of county courts and | 556 |
|
the courts of mayors is terminated by
this section upon the | 557 |
|
institution of the
municipal court, the pleadings, orders, | 558 |
|
entries, dockets, bonds,
papers, records, books, exhibits, files, | 559 |
|
moneys, property, and
persons that belong to, are in the | 560 |
|
possession of, or are subject
to the jurisdiction of the courts of | 561 |
|
mayors or county courts or
any officer of either court and that | 562 |
|
are in any municipal
corporation or township which is entirely | 563 |
|
within the territory of
a municipal court shall be transferred by | 564 |
|
their custodian to the
municipal court. If a part of any township | 565 |
|
that was within the
jurisdiction of a county court is included | 566 |
|
within the territory
of a municipal court, all pleadings, orders, | 567 |
|
entries, dockets,
bonds, papers, records, books, exhibits, files, | 568 |
|
moneys, property,
and persons that belong to, are in the | 569 |
|
possession of, or are
subject to the jurisdiction of the county | 570 |
|
court or any officer of
the county court and that pertain to | 571 |
|
causes, judgments,
executions, and proceedings then pending in the | 572 |
|
county court and
arising from the court's jurisdiction in that | 573 |
|
part of the
township within the territory of the municipal court | 574 |
|
shall be
transferred by their custodian to the municipal court. | 575 |
| In the Berea municipal court, one part-time judge shall be | 608 |
|
elected in 1957, term to commence on the first day of January next | 609 |
|
after election, and one part-time judge shall be elected in 1981, | 610 |
|
term to commence on the second day of January next after election. | 611 |
|
The part-time judge elected in 1987 whose term commenced on | 612 |
|
January 1, 1988, shall serve until December 31, 1993, and the | 613 |
|
office of that judge is abolished, effective on the earlier of | 614 |
|
December 31, 1993, or the date on which that judge resigns, | 615 |
|
retires, or otherwise vacates judicial office. | 616 |
| In the Hamilton county municipal court, five full-time judges | 725 |
|
shall be elected in 1967, five full-time judges shall be elected | 726 |
|
in 1971, two full-time judges shall be elected in 1981, and two | 727 |
|
full-time judges shall be elected in 1983. All terms of judges of | 728 |
|
the Hamilton county municipal court shall commence on the first | 729 |
|
day of January next after their election, except that the terms of | 730 |
|
the additional judges to be elected in 1981 shall commence on | 731 |
|
January 2, 1982, and January 3, 1982, and that the terms of the | 732 |
|
additional judges to be elected in 1983 shall commence on January | 733 |
|
4, 1984, and January 5, 1984. | 734 |
| (C) The compensation of municipal judges that is described | 941 |
in divisions
(A)(1) and (B)(1)(a) and (2) of
this section
shall | 942 |
| may be paid in
either biweekly installments or semimonthly | 943 |
|
installments,
as determined by the payroll administrator, | 944 |
|
three-fifths of the
amount being payable from the city treasury | 945 |
|
and two-fifths of the
amount being payable from the treasury of | 946 |
|
the county in which the
municipal corporation is situated, except | 947 |
|
that all of the
compensation of the judges of a county-operated | 948 |
|
municipal court that is
described in divisions (A)(1) and | 949 |
|
(B)(1)(a) and
(2) of this
section shall be payable out of the | 950 |
|
treasury of the county
in which the court is located. If the | 951 |
|
territory is located in
two or more counties, a total of | 952 |
|
two-fifths of the amount that is
described in divisions (A)(1) and | 953 |
|
(B)(1)(a) and
(2) of this section shall be payable by all of the | 954 |
|
counties in
proportionate shares from the treasury of each of the | 955 |
|
counties in accordance
with the respective populations of that | 956 |
|
portion of each of the
several counties within the jurisdiction of | 957 |
|
the court. | 958 |
| (b) In the Hamilton county municipal court, the clerk of | 987 |
|
courts of Hamilton county shall be the clerk of the municipal | 988 |
|
court and may appoint an assistant clerk who shall receive the | 989 |
|
compensation, payable out of the treasury of Hamilton county in | 990 |
|
semimonthly installments, that the board of county commissioners | 991 |
|
prescribes. The clerk of courts of Hamilton county, acting as
the | 992 |
|
clerk of the Hamilton county municipal court and assuming the | 993 |
|
duties of that office, shall receive compensation at one-fourth | 994 |
|
the rate that is prescribed for the clerks of courts of common | 995 |
|
pleas as determined in accordance with the population of the | 996 |
|
county and the rates set forth in sections 325.08 and 325.18 of | 997 |
|
the Revised Code. This compensation shall be paid from the
county | 998 |
|
treasury in semimonthly installments and is in addition to
the | 999 |
|
annual compensation that is received for the performance of
the | 1000 |
|
duties of the clerk of courts of Hamilton county, as provided
in | 1001 |
|
sections 325.08 and 325.18 of the Revised Code. | 1002 |
| (c) In the Portage county and Wayne county municipal
courts, | 1003 |
|
the clerks of courts of Portage county and Wayne county
shall be | 1004 |
|
the clerks, respectively, of the Portage county and
Wayne county | 1005 |
|
municipal courts and may appoint a chief deputy
clerk for each | 1006 |
|
branch that is established pursuant to section
1901.311 of the | 1007 |
|
Revised Code and assistant clerks as the judges
of the municipal | 1008 |
|
court determine are necessary, all of whom shall
receive the | 1009 |
|
compensation that the legislative authority
prescribes. The | 1010 |
|
clerks of courts of Portage county and Wayne
county, acting as the | 1011 |
|
clerks of the Portage county and Wayne
county municipal courts and | 1012 |
|
assuming the duties of these offices,
shall receive compensation | 1013 |
|
payable from the county treasury in semimonthly
installments at | 1014 |
|
one-fourth the rate that is prescribed for the clerks of
courts of | 1015 |
|
common pleas as determined in accordance with the population of | 1016 |
|
the
county and the rates set forth in sections 325.08 and 325.18 | 1017 |
|
of the Revised
Code. | 1018 |
| (e) In the Clermont county municipal court, the clerk of | 1060 |
|
courts of Clermont county shall be the clerk of the municipal | 1061 |
|
court. The clerk of courts of Clermont county, acting as the | 1062 |
|
clerk of the Clermont county municipal court and assuming the | 1063 |
|
duties of that office, shall receive compensation at one-fourth | 1064 |
|
the rate that is prescribed for the clerks of courts of common | 1065 |
|
pleas as determined in accordance with the population of the | 1066 |
|
county and the rates set forth in sections 325.08 and 325.18 of | 1067 |
|
the Revised Code. This compensation shall be paid from the
county | 1068 |
|
treasury in semimonthly installments and is in addition to
the | 1069 |
|
annual compensation that is received for the performance of
the | 1070 |
|
duties of the clerk of courts of Clermont county, as provided
in | 1071 |
|
sections 325.08 and 325.18 of the Revised Code. | 1072 |
| Declarations of candidacy and petitions, nominating | 1152 |
|
petitions, and
certificates of nomination for the office of clerk | 1153 |
|
of the Cuyahoga
Falls municipal court shall contain a designation | 1154 |
|
of the term for
which the candidate seeks election. At the | 1155 |
|
following regular municipal
election, all candidates for the | 1156 |
|
office shall be submitted to the
qualified electors of the | 1157 |
|
territory of the court in the manner
that is provided in section | 1158 |
|
1901.07 of the Revised Code for
the
election of the judges of the | 1159 |
|
court. The clerk so elected shall hold office
for
a term of six | 1160 |
|
years, which term shall commence on the first day of
January | 1161 |
|
following the clerk's election and continue until the
clerk's | 1162 |
|
successor is elected and qualified. | 1163 |
(c) In the Auglaize county
and Brown county
municipal
court | 1215 |
courts, the
clerkclerks of
courts of Auglaize
county
and Brown | 1216 |
county
shall be the
clerkclerks,
respectively, of the
Auglaize | 1217 |
county and
Brown county municipal
courtcourts and may appoint a | 1218 |
|
chief deputy
clerk
for each branch that
is established pursuant to | 1219 |
|
section
1901.311
of the Revised Code,
and assistant clerks as the | 1220 |
|
judge of
the
court determines are
necessary, all of whom shall | 1221 |
|
receive the
compensation that the
legislative authority | 1222 |
prescribes. The
clerkclerks of courts of
Auglaize county
and | 1223 |
Brown county, acting as
the
clerkclerks of the Auglaize county | 1224 |
and Brown
county
municipal
courtcourts and assuming the
duties of | 1225 |
that
officethese offices,
shall
receive compensation
payable from | 1226 |
|
the
county treasury in
semimonthly
installments at
one-fourth the | 1227 |
|
rate
that is prescribed
for the clerks of
courts of
common pleas | 1228 |
|
as
determined in
accordance with the population of
the
county and | 1229 |
|
the
rates set
forth in sections 325.08 and 325.18
of the Revised | 1230 |
|
Code. | 1231 |
| (d) In the Columbiana county municipal court, the clerk of | 1232 |
|
courts of
Columbiana county shall be the
clerk of the municipal | 1233 |
|
court, may appoint a chief deputy
clerk for each branch office | 1234 |
|
that is established pursuant to section
1901.311 of the Revised | 1235 |
|
Code, and may appoint any assistant clerks that
the judges of the | 1236 |
|
court determine are necessary. All of the chief deputy
clerks and | 1237 |
|
assistant clerks shall receive the compensation that the | 1238 |
|
legislative authority prescribes. The clerk of courts of | 1239 |
|
Columbiana county, acting as
the clerk of the Columbiana
county | 1240 |
|
municipal court and assuming the duties of that office,
shall | 1241 |
|
receive compensation payable from the county treasury in | 1242 |
|
semimonthly installments at one-fourth the rate that is
prescribed | 1243 |
|
for the clerks of courts of common pleas as
determined in | 1244 |
|
accordance with the population of the county and
the rates set | 1245 |
|
forth in sections 325.08 and 325.18 of the
Revised Code. | 1246 |
| (B) Except in the Clermont county, Hamilton county,
Medina, | 1251 |
|
Portage county, and Wayne county municipal courts, if a vacancy | 1252 |
|
occurs in the office of the clerk of the Alliance, Lorain, | 1253 |
|
Massillon, or Youngstown municipal court or occurs in the office | 1254 |
|
of the clerk of a municipal court for which the population of the | 1255 |
|
territory equals or exceeds one hundred thousand because the
clerk | 1256 |
|
ceases to hold the office before the end of the clerk's term or | 1257 |
|
because a clerk-elect fails to take office, the vacancy shall be | 1258 |
|
filled, until a successor is elected and qualified, by a person | 1259 |
|
chosen by the residents of the territory of the court who are | 1260 |
|
members of the county central committee of the political party by | 1261 |
|
which the last occupant of that office or the clerk-elect was | 1262 |
|
nominated. Not less than five nor more than fifteen days after a | 1263 |
|
vacancy occurs, those members of that county central committee | 1264 |
|
shall meet to make an appointment to fill the vacancy. At least | 1265 |
|
four days before the date of the meeting, the chairperson or a | 1266 |
|
secretary of the county central committee shall notify each such | 1267 |
|
member of that county central committee by first class
mail of the | 1268 |
|
date, time, and place
of the meeting and its purpose. A majority | 1269 |
|
of all such members of
that county central committee constitutes a | 1270 |
|
quorum, and a
majority of the quorum is
required to make the | 1271 |
|
appointment. If the office so vacated was
occupied or was to be | 1272 |
|
occupied by a person not nominated at a
primary election, or if | 1273 |
|
the appointment was not made by the
committee members in | 1274 |
|
accordance with this division, the court
shall make an appointment | 1275 |
|
to fill the vacancy. A successor shall
be elected to fill the | 1276 |
|
office for the unexpired term at the first
municipal election that | 1277 |
|
is held more than one hundred twenty days
after the vacancy | 1278 |
|
occurred. | 1279 |
| (C)(1) In a municipal court, other than the Auglaize county, | 1280 |
| the Brown county,
the Columbiana county, and
the Lorain municipal | 1281 |
|
courts,
for which the population of the
territory is
less than one | 1282 |
|
hundred thousand and in the Medina
municipal
court, the clerk of | 1283 |
|
the municipal court
shall receive
the annual compensation that the | 1284 |
|
presiding judge of the court
prescribes, if the revenue of the | 1285 |
|
court for the preceding calendar
year, as
certified by the auditor | 1286 |
|
or chief fiscal officer of the
municipal corporation
in which the | 1287 |
|
court is located or, in the
case of a county-operated municipal | 1288 |
|
court, the county auditor, is
equal to or greater than the | 1289 |
|
expenditures,
including any debt
charges, for the operation of the | 1290 |
|
court payable under this
chapter
from the city treasury or, in the | 1291 |
|
case of a county-operated
municipal
court, the county treasury for | 1292 |
|
that calendar year, as
also certified by the
auditor or chief | 1293 |
|
fiscal officer. If the
revenue of a municipal court, other
than | 1294 |
|
the
Auglaize county,
the
Brown county, the Columbiana county, and | 1295 |
|
the
Lorain municipal courts, for which
the population of the | 1296 |
|
territory
is less than one hundred thousand or the
revenue of the | 1297 |
|
Medina
municipal court for the preceding calendar year
as so | 1298 |
|
certified is
not equal to or greater than those expenditures for | 1299 |
|
the
operation
of the court for that calendar year as so certified, | 1300 |
|
the clerk of
a
municipal court shall receive the annual | 1301 |
|
compensation that the
legislative
authority prescribes.
As used | 1302 |
|
in this division,
"revenue" means
the total of all costs and fees | 1303 |
|
that are collected
and paid to the city
treasury or, in a | 1304 |
|
county-operated municipal
court, the county treasury by the
clerk | 1305 |
|
of the municipal court
under division (F) of this section and
all | 1306 |
|
interest received and
paid to the city treasury or, in a | 1307 |
|
county-operated
municipal
court, the county treasury in relation | 1308 |
|
to the costs and fees under
division (G) of this section. | 1309 |
| (E) The clerk of a municipal court may do all of the | 1325 |
|
following: administer oaths, take affidavits, and issue | 1326 |
|
executions upon any judgment rendered in the court, including a | 1327 |
|
judgment for unpaid costs; issue, sign, and attach the seal of
the | 1328 |
|
court to all writs, process, subpoenas, and papers issuing
out of | 1329 |
|
the court; and approve all bonds, sureties, recognizances,
and | 1330 |
|
undertakings fixed by any judge of the court or by law. The clerk | 1331 |
|
may
refuse to accept for filing any pleading or paper submitted | 1332 |
|
for filing by a
person who has been found to be a vexatious | 1333 |
|
litigator under section 2323.52
of the Revised Code and who has | 1334 |
|
failed to obtain leave to proceed under that
section. The clerk | 1335 |
|
shall do all of the following: file and safely keep all
journals, | 1336 |
|
records, books, and papers belonging or appertaining to
the court; | 1337 |
|
record the proceedings of the court; perform all other
duties that | 1338 |
|
the judges of the court may prescribe; and keep a
book showing all | 1339 |
|
receipts and disbursements, which book shall be
open for public | 1340 |
|
inspection at all times. | 1341 |
| The clerk shall prepare and maintain a general index, a | 1342 |
|
docket, and other records that the court, by rule, requires, all | 1343 |
|
of which shall be the public records of the court. In the
docket, | 1344 |
|
the clerk shall enter, at the time of the commencement of
an | 1345 |
|
action, the names of the parties in full, the names of the | 1346 |
|
counsel, and the nature of the proceedings. Under proper dates, | 1347 |
|
the clerk shall note the filing of the complaint, issuing of | 1348 |
|
summons or
other process, returns, and any subsequent pleadings. | 1349 |
|
The clerk
also shall enter all reports, verdicts, orders, | 1350 |
|
judgments, and
proceedings of the court, clearly specifying the | 1351 |
|
relief granted
or orders made in each action. The court may order | 1352 |
|
an extended
record of any of the above to be made and entered, | 1353 |
|
under the
proper action heading, upon the docket at the request of | 1354 |
|
any
party to the case, the expense of which record may be taxed as | 1355 |
|
costs in the case or may be required to be prepaid by the party | 1356 |
|
demanding the record, upon order of the court. | 1357 |
| (F) The clerk of a municipal court shall receive, collect, | 1358 |
|
and issue receipts for all costs, fees, fines, bail, and other | 1359 |
|
moneys payable to the office or to any officer of the court. The | 1360 |
|
clerk
shall each month disburse to the proper persons or officers, | 1361 |
|
and
take receipts for, all costs, fees, fines, bail, and other | 1362 |
|
moneys
that the clerk collects. Subject to sections 3375.50 and | 1363 |
|
4511.193
of
the Revised Code and to any other section of the | 1364 |
|
Revised Code
that requires a specific manner of disbursement of | 1365 |
|
any moneys
received by a municipal court and except for the | 1366 |
|
Hamilton county,
Lawrence county, and Ottawa county municipal | 1367 |
|
courts, the clerk shall pay all
fines received for violation of | 1368 |
|
municipal ordinances into the
treasury of the municipal | 1369 |
|
corporation the ordinance of which was
violated and shall pay all | 1370 |
|
fines received for violation of
township resolutions adopted | 1371 |
|
pursuant to Chapter 504. of the
Revised Code into the treasury of | 1372 |
|
the township the resolution of
which was violated. Subject to | 1373 |
|
sections 1901.024 and 4511.193 of
the Revised Code, in the | 1374 |
|
Hamilton county, Lawrence county, and Ottawa county
municipal | 1375 |
|
courts, the clerk shall pay fifty per cent of the fines
received | 1376 |
|
for violation of municipal ordinances and fifty per cent
of the | 1377 |
|
fines received for violation of township resolutions
adopted | 1378 |
|
pursuant to Chapter 504. of the Revised Code into the
treasury of | 1379 |
|
the county. Subject to sections 3375.50, 3375.53,
4511.99, and | 1380 |
|
5503.04 of the Revised Code and to any other section
of the | 1381 |
|
Revised Code that requires a specific manner of
disbursement of | 1382 |
|
any moneys received by a municipal court, the
clerk shall pay all | 1383 |
|
fines collected for the violation of state
laws into the county | 1384 |
|
treasury. Except in a county-operated
municipal court, the clerk | 1385 |
|
shall pay all costs and fees the
disbursement of which is not | 1386 |
|
otherwise provided for in the
Revised Code into the city treasury. | 1387 |
|
The clerk of a
county-operated municipal court shall pay the costs | 1388 |
|
and fees the
disbursement of which is not otherwise provided for | 1389 |
|
in the
Revised Code into the county treasury. Moneys deposited as | 1390 |
|
security for costs shall be retained pending the litigation. The | 1391 |
|
clerk shall keep a separate account of all receipts and | 1392 |
|
disbursements in civil and criminal cases, which shall be a | 1393 |
|
permanent public record of the office. On the expiration of the | 1394 |
|
term of the clerk, the clerk shall deliver the records to the | 1395 |
|
clerk's
successor. The clerk shall have other powers and duties | 1396 |
|
as are prescribed by
rule or order of the court. | 1397 |
| On the first Monday in January of each year, the clerk
shall | 1406 |
|
make a list of the titles of all cases in the court that
were | 1407 |
|
finally determined more than one year past in which there
remains | 1408 |
|
unclaimed in the possession of the clerk any funds, or
any part of | 1409 |
|
a deposit for security of costs not consumed by the
costs in the | 1410 |
|
case. The clerk shall give notice of the moneys to
the parties | 1411 |
|
who are entitled to the moneys or to their attorneys
of record. | 1412 |
|
All the moneys remaining unclaimed on the first day
of April of | 1413 |
|
each year shall be paid by the clerk to the city
treasurer, except | 1414 |
|
that, in a county-operated municipal court, the
moneys shall be | 1415 |
|
paid to the treasurer of the county in which the
court is located. | 1416 |
|
The treasurer shall pay any part of the
moneys at any time to the | 1417 |
|
person who has the right to the
moneys upon proper certification | 1418 |
|
of the clerk. | 1419 |
| (H) Deputy clerks may be appointed by the clerk and shall | 1420 |
|
receive the compensation, payable in semimonthly installments out | 1421 |
|
of the city treasury, that the clerk may prescribe, except that | 1422 |
|
the compensation of any deputy clerk of a county-operated | 1423 |
|
municipal court shall be paid out of the treasury of the county
in | 1424 |
|
which the court is located. Each deputy clerk shall take an
oath | 1425 |
|
of office before entering upon the duties of the deputy clerk's | 1426 |
|
office
and, when so qualified, may perform the duties appertaining | 1427 |
|
to the
office of the clerk. The clerk may require any of the | 1428 |
|
deputy
clerks to give bond of not less than three thousand | 1429 |
|
dollars,
conditioned for the faithful performance of the deputy | 1430 |
|
clerk's duties. | 1431 |
| Sec. 1901.34. (A) Except as provided in divisions (B) and | 1444 |
|
(D) of this section, the village solicitor, city director of law, | 1445 |
|
or similar chief legal officer for each municipal corporation | 1446 |
|
within the territory of a municipal court shall prosecute all | 1447 |
|
cases brought before the municipal court for criminal offenses | 1448 |
|
occurring within the municipal corporation for which that
person | 1449 |
|
is the
solicitor, director of law, or similar chief legal officer. | 1450 |
|
Except as provided in division (B) of this section, the village | 1451 |
|
solicitor, city director of law, or similar chief legal officer
of | 1452 |
|
the municipal corporation in which a municipal court is
located | 1453 |
|
shall prosecute all criminal cases brought before the
court | 1454 |
|
arising in the unincorporated areas within the territory of
the | 1455 |
|
municipal court. | 1456 |
| (B) The Auglaize county,
Brown county, Clermont county, | 1457 |
|
Hocking county,
Jackson county,
Morrow county, Ottawa county, and | 1458 |
|
Portage county
prosecuting
attorneys shall prosecute in municipal | 1459 |
|
court all
violations of
state law arising in their respective | 1460 |
|
counties. The
Crawford
county, Hamilton county, Madison county, | 1461 |
|
and Wayne
county
prosecuting attorneys shall prosecute all | 1462 |
|
violations of
state law
arising within the unincorporated areas of | 1463 |
|
their
respective
counties. The Columbiana county prosecuting | 1464 |
|
attorney
shall
prosecute in the Columbiana county municipal court | 1465 |
|
all
violations
of
state law arising in the county, except for | 1466 |
|
violations arising
in the
municipal corporation of East Liverpool, | 1467 |
|
Liverpool
township, or St. Clair township. | 1468 |
| (D) The prosecuting attorney of any county, other than | 1488 |
|
Auglaize,
Brown, Clermont, Hocking, Jackson,
Morrow, Ottawa, or | 1489 |
|
Portage
county,
may enter into an agreement with any municipal | 1490 |
|
corporation
in the
county in which the prosecuting attorney serves | 1491 |
|
pursuant to
which
the prosecuting
attorney prosecutes all criminal | 1492 |
|
cases
brought
before the
municipal court that has territorial | 1493 |
|
jurisdiction over
that
municipal corporation for criminal offenses | 1494 |
|
occurring within
the
municipal corporation. The prosecuting | 1495 |
|
attorney of Auglaize,
Brown,
Clermont, Hocking, Jackson,
Morrow, | 1496 |
|
Ottawa,
or Portage county may enter
into an agreement with any | 1497 |
|
municipal
corporation in the county in
which the prosecuting | 1498 |
|
attorney serves
pursuant to which the
respective prosecuting | 1499 |
|
attorney prosecutes
all cases brought
before the Auglaize
county, | 1500 |
|
Brown county,
Clermont
county, Hocking
county, Jackson
county, | 1501 |
|
Morrow county, Ottawa
county, or
Portage county municipal
court | 1502 |
|
for violations of the ordinances of
the municipal
corporation or | 1503 |
|
for criminal offenses other than
violations of
state law occurring | 1504 |
|
within the municipal
corporation. For
prosecuting these cases, | 1505 |
|
the prosecuting
attorney and the
municipal corporation may agree | 1506 |
|
upon a fee to be
paid by the
municipal corporation, which fee | 1507 |
|
shall be paid into
the county
treasury, to be used to cover | 1508 |
|
expenses of the office of
the
prosecuting attorney. | 1509 |
| Sec. 1905.01. (A) In
Georgetown in Brown county, in Mount | 1510 |
|
Gilead in Morrow county, and in all
other municipal corporations, | 1511 |
|
other than
Batavia in Clermont
county, not being
the site of a | 1512 |
|
municipal court nor a place where
a judge of the
Auglaize county, | 1513 |
|
Crawford county, Jackson county,
Miami county,
Portage county, or | 1514 |
|
Wayne county municipal court sits
as required
pursuant to section | 1515 |
|
1901.021 of the Revised Code or by
designation of the judges | 1516 |
|
pursuant to section 1901.021 of the
Revised Code, the mayor of the | 1517 |
|
municipal corporation has
jurisdiction, except as provided in | 1518 |
|
divisions (B),
(C), and (E) of
this
section and subject to the | 1519 |
|
limitation contained in section
1905.03 and the limitation | 1520 |
|
contained in section 1905.031 of the
Revised Code, to hear and | 1521 |
|
determine any prosecution for the
violation of an ordinance of the | 1522 |
|
municipal corporation, to hear
and determine any case involving a | 1523 |
|
violation of a vehicle parking
or standing ordinance of the | 1524 |
|
municipal corporation unless the
violation is required to be | 1525 |
|
handled by a parking violations
bureau
or joint parking violations | 1526 |
|
bureau pursuant to Chapter
4521. of
the Revised Code, and to hear | 1527 |
|
and determine all criminal
causes
involving any moving traffic | 1528 |
|
violation occurring on a
state
highway located within the | 1529 |
|
boundaries of the municipal
corporation, subject to the | 1530 |
|
limitations of sections 2937.08 and
2938.04 of the Revised Code. | 1531 |
| (B)(1) In
Georgetown in Brown county, in Mount Gilead in | 1532 |
|
Morrow county, and in all
other
municipal corporations, other than | 1533 |
|
Batavia
in Clermont county, not
being the site of
a municipal | 1534 |
|
court nor a place where a judge of a
court listed in
division (A) | 1535 |
|
of this section sits as required
pursuant to section
1901.021 of | 1536 |
|
the Revised Code or by designation
of the judges
pursuant to | 1537 |
|
section 1901.021 of the Revised Code,
the mayor of
the municipal | 1538 |
|
corporation has jurisdiction, subject
to the
limitation contained | 1539 |
|
in section 1905.03 of the Revised
Code, to
hear and determine | 1540 |
|
prosecutions involving a violation of
an
ordinance of the | 1541 |
|
municipal corporation relating to operating a
vehicle while under | 1542 |
|
the influence of alcohol, a drug of abuse, or
alcohol and a drug | 1543 |
|
of abuse or relating to operating a vehicle
with a prohibited | 1544 |
|
concentration of alcohol in the blood, breath,
or urine, and to | 1545 |
|
hear and determine criminal causes involving a
violation of | 1546 |
|
section 4511.19 of the Revised Code that occur on a
state highway | 1547 |
|
located within the boundaries of the municipal
corporation, | 1548 |
|
subject to the limitations of sections 2937.08 and
2938.04 of the | 1549 |
|
Revised Code, only if the person charged with the
violation, | 1550 |
|
within six years of the date of the violation
charged,
has not | 1551 |
|
been convicted of or pleaded guilty to any of
the
following: | 1552 |
| If the mayor of a municipal corporation, in hearing a | 1590 |
|
prosecution involving a violation of an ordinance of the
municipal | 1591 |
|
corporation the mayor serves relating to operating
a vehicle while | 1592 |
|
under the influence of alcohol, a drug of abuse, or alcohol
and a | 1593 |
|
drug of abuse or relating to operating a vehicle with a
prohibited | 1594 |
|
concentration of alcohol in the blood, breath, or
urine, or in | 1595 |
|
hearing a criminal cause involving a violation of
section 4511.19 | 1596 |
|
of the Revised Code, determines that the person
charged, within | 1597 |
|
six years of the violation charged, has
been
convicted of or | 1598 |
|
pleaded guilty to any violation listed in
division (B)(1)(a), (b), | 1599 |
|
(c), or (d) of this
section, the mayor
immediately shall transfer | 1600 |
|
the case to the county court or
municipal court with jurisdiction | 1601 |
|
over the violation charged, in
accordance with section 1905.032 of | 1602 |
|
the Revised Code. | 1603 |
| (C)(1) In
Georgetown in Brown county, in Mount Gilead in | 1604 |
|
Morrow county, and in all
other
municipal corporations, other than | 1605 |
|
Batavia
in Clermont county, not
being the site of
a municipal | 1606 |
|
court and not being a place where a
judge of a court
listed in | 1607 |
|
division (A) of this section sits as
required pursuant
to section | 1608 |
|
1901.021 of the Revised Code or by
designation of the
judges | 1609 |
|
pursuant to section 1901.021 of the
Revised Code, the
mayor of the | 1610 |
|
municipal corporation, subject to
sections 1901.031,
2937.08, and | 1611 |
|
2938.04 of the Revised Code, has
jurisdiction to
hear and | 1612 |
|
determine prosecutions involving a
violation of a
municipal | 1613 |
|
ordinance that is substantially
equivalent to division
(B)(1) or | 1614 |
|
(D)(2) of section 4507.02 of the
Revised Code and to
hear and | 1615 |
|
determine criminal causes that
involve a moving traffic
violation, | 1616 |
|
that involve a violation of
division (B)(1) or (D)(2)
of section | 1617 |
|
4507.02 of the Revised Code,
and that occur on a state
highway | 1618 |
|
located within the boundaries of
the municipal
corporation only if | 1619 |
|
all of the following apply
regarding the
violation and the person | 1620 |
|
charged: | 1621 |
| (2) The mayor of a municipal corporation does not have | 1662 |
|
jurisdiction to hear and determine any prosecution or criminal | 1663 |
|
cause involving a violation described in division (C)(1)(a)(i) or | 1664 |
|
(ii) of this section if the person charged with the violation, | 1665 |
|
within five years of the violation charged, has been convicted of | 1666 |
|
or pleaded guilty to any violation listed in division | 1667 |
|
(C)(1)(a)(i), (ii), or (iii) of this section and does not have | 1668 |
|
jurisdiction to hear and determine any prosecution or criminal | 1669 |
|
cause involving a violation described in division (C)(1)(b)(i) or | 1670 |
|
(ii) of this section if the person charged with the violation, | 1671 |
|
within five years of the violation charged, has been convicted of | 1672 |
|
or pleaded guilty to any violation listed in division | 1673 |
|
(C)(1)(b)(i), (ii), or (iii) of this section. | 1674 |
| (D) If the mayor of a municipal corporation has
jurisdiction | 1685 |
|
pursuant to division (B)(1) of this section to hear
and determine | 1686 |
|
a prosecution or criminal cause involving a
violation described in | 1687 |
|
division (B)(1)(a) or (b) of this section,
the authority of the | 1688 |
|
mayor to hear or determine the prosecution
or cause is subject to | 1689 |
|
the limitation contained in division (C)
of section 1905.03 of the | 1690 |
|
Revised Code. If the mayor of a
municipal corporation has | 1691 |
|
jurisdiction pursuant to division (A)
or (C) of this section to | 1692 |
|
hear and determine a prosecution or
criminal cause involving a | 1693 |
|
violation other than a violation
described in division (B)(1)(a) | 1694 |
|
or (b) of this section, the
authority of the mayor to hear or | 1695 |
|
determine the prosecution or
cause is subject to the limitation | 1696 |
|
contained in division
(C) of section 1905.031 of the Revised Code. | 1697 |
| Sec. 1907.011. In addition to the territorial jurisdiction | 1723 |
|
conferred by
section 1907.01 of the Revised Code, the county | 1724 |
courts of Adams, Belmont,
Brown, Jefferson, Meigs, and Monroe | 1725 |
|
counties have
jurisdiction
beyond the north or northwest shore of | 1726 |
|
the Ohio river extending to the
opposite shore line, between the | 1727 |
|
boundary lines of any adjacent municipal
courts or adjacent county | 1728 |
|
courts. Each of the county courts that is given
jurisdiction on | 1729 |
|
the Ohio river by this section has concurrent jurisdiction on
the | 1730 |
|
Ohio river with any adjacent municipal courts or adjacent county | 1731 |
|
courts
that border on that river and with any court of Kentucky or | 1732 |
|
of West Virginia
that borders on the Ohio river and that has | 1733 |
|
jurisdiction on the Ohio river
under the law of Kentucky or the | 1734 |
|
law of West Virginia, whichever is
applicable, or under federal | 1735 |
|
law. | 1736 |
| Sec. 2301.03. (A) In Franklin county, the judges of the | 1851 |
|
court of common pleas whose terms begin on January 1, 1953, | 1852 |
|
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, | 1853 |
|
1997, and
successors, shall have the same qualifications, exercise | 1854 |
|
the same
powers and jurisdiction, and receive the same | 1855 |
|
compensation as
other judges of the court of common pleas of | 1856 |
|
Franklin county and
shall be elected and designated as judges of | 1857 |
|
the court of common
pleas, division of domestic relations. They | 1858 |
|
shall have all the
powers relating to juvenile courts, and all | 1859 |
|
cases under
Chapters 2151. and 2152. of the Revised Code,
all | 1860 |
|
parentage proceedings under
Chapter 3111. of the Revised Code over | 1861 |
|
which the juvenile court
has jurisdiction, and all divorce, | 1862 |
|
dissolution of marriage, legal
separation, and annulment cases | 1863 |
|
shall be assigned to them. In
addition to the judge's regular | 1864 |
|
duties, the judge who is
senior in point
of service shall serve on | 1865 |
|
the children services board and the
county advisory board and | 1866 |
|
shall be the administrator of the
domestic relations division and | 1867 |
|
its subdivisions and departments. | 1868 |
| (2) The judges of the court of common pleas whose terms | 1876 |
|
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and | 1877 |
|
successors, shall be elected and designated as judges of the
court | 1878 |
|
of common pleas, division of domestic relations, and shall
have | 1879 |
|
assigned to them all divorce, dissolution of marriage, legal | 1880 |
|
separation, and annulment cases coming before the court. On or | 1881 |
|
after the first day of July and before the first day of August of | 1882 |
|
1991 and each year thereafter, a majority of the judges of the | 1883 |
|
division of domestic relations shall elect one of the judges of | 1884 |
|
the division as administrative judge of that division. If a | 1885 |
|
majority of the judges of the division of domestic relations are | 1886 |
|
unable for any reason to elect an
administrative judge for the | 1887 |
|
division before the first day of
August, a majority of the judges | 1888 |
|
of the Hamilton
county court of common pleas, as soon as possible | 1889 |
|
after that
date, shall elect one of the judges of the division of | 1890 |
|
domestic
relations as administrative judge of that division. The | 1891 |
|
term of
the administrative judge shall begin on the earlier of the | 1892 |
|
first
day of August of the year in which the administrative judge | 1893 |
|
is elected or
the date on which the administrative judge is | 1894 |
|
elected by a
majority of the
judges of the Hamilton
county court | 1895 |
|
of common pleas and shall terminate on the date on
which the | 1896 |
|
administrative judge's successor is elected in the
following
year. | 1897 |
| The administrative judge of the division of domestic | 1907 |
|
relations also shall designate the title, compensation, expense | 1908 |
|
allowances, hours, leaves of absence, and vacations of the | 1909 |
|
personnel of the division, and shall fix the duties of its | 1910 |
|
personnel. The duties of the personnel, in addition to those | 1911 |
|
provided for in other sections of the Revised Code, shall include | 1912 |
|
the handling, servicing, and investigation of divorce,
dissolution | 1913 |
|
of marriage, legal separation, and annulment cases
and counseling | 1914 |
|
and conciliation services that may be made
available to persons | 1915 |
|
requesting them, whether or not the persons
are parties to an | 1916 |
|
action pending in the division. | 1917 |
| The board of county commissioners shall appropriate the sum | 1918 |
|
of money each year as will meet all the administrative expenses
of | 1919 |
|
the division of domestic relations, including reasonable
expenses | 1920 |
|
of the domestic relations judges and the division
counselors and | 1921 |
|
other employees designated to conduct the
handling, servicing, and | 1922 |
|
investigation of divorce, dissolution of
marriage, legal | 1923 |
|
separation, and annulment cases, conciliation and
counseling, and | 1924 |
|
all matters relating to those cases and
counseling, and the | 1925 |
|
expenses involved in the attendance of
division personnel at | 1926 |
|
domestic relations and welfare conferences
designated by the | 1927 |
|
division, and the further sum each year as will
provide for the | 1928 |
|
adequate operation of the division of domestic
relations. | 1929 |
| The summonses, warrants, citations, subpoenas, and other | 1935 |
|
writs of the division may issue to a bailiff, constable, or staff | 1936 |
|
investigator of the division or to the sheriff of any county or | 1937 |
|
any marshal, constable, or police officer, and the provisions of | 1938 |
|
law relating to the subpoenaing of witnesses in other cases shall | 1939 |
|
apply insofar as they are applicable. When a summons, warrant, | 1940 |
|
citation, subpoena, or other writ is issued to an officer, other | 1941 |
|
than a bailiff, constable, or staff investigator of the division, | 1942 |
|
the expense of serving it shall be assessed as a part of the
costs | 1943 |
|
in the case involved. | 1944 |
| (3) The judge of the court of common pleas of
Hamilton
| 1945 |
|
county whose term begins on
January 3, 1997,
and the successor to | 1946 |
|
that judge whose term begins on January 3, 2003, shall
each be | 1947 |
|
elected and
designated for one term only as the drug court judge | 1948 |
of the court
of common
pleas of
Hamilton
county, and the. The | 1949 |
successors to
thatthe
judge
whose term begins on January 3, 2003, | 1950 |
|
shall be elected
and designated as judges
of the general
division | 1951 |
|
of the court of common pleas
of Hamilton
county and shall
not have | 1952 |
|
the
authority granted by division (B)(3)
of this
section.
The drug | 1953 |
|
court judge may accept or reject any
case referred to the
drug | 1954 |
|
court judge under division (B)(3) of
this
section. After the
drug | 1955 |
|
court judge accepts a referred case,
the drug court
judge has
full | 1956 |
|
authority over the case, including
the authority to
conduct | 1957 |
|
arraignment, accept pleas, enter findings
and dispositions, | 1958 |
|
conduct
trials, order treatment, and if
treatment is not | 1959 |
|
successfully completed
pronounce and enter
sentence. | 1960 |
| A judge of the general division of the court of common pleas | 1961 |
|
of
Hamilton
county and a judge of the
Hamilton
county municipal | 1962 |
|
court may refer to
the drug court judge any case,
and any | 1963 |
|
companion cases, the judge determines
meet the criteria
described | 1964 |
|
under divisions
(B)(3)(a) and
(b) of this section. If
the drug | 1965 |
|
court judge accepts
referral of a referred case, the
case, and any | 1966 |
|
companion cases, shall be
transferred
to the drug
court judge. A | 1967 |
|
judge may refer a case meeting the criteria
described in divisions | 1968 |
|
(B)(3)(a)
and (b) of this section that
involves a violation of
a | 1969 |
|
term of probation to the drug court
judge, and, if the drug court | 1970 |
|
judge
accepts
the referral, the
referring judge and the drug court | 1971 |
|
judge have
concurrent
jurisdiction over the case. | 1972 |
| (C) In Lorain county, the judges of the court of common | 2015 |
|
pleas whose terms begin on January 3, 1959, January 4, 1989, and | 2016 |
|
January 2, 1999,
and successors, shall have the same | 2017 |
|
qualifications, exercise the
same powers and jurisdiction, and | 2018 |
|
receive the same compensation
as the other judges of the court of | 2019 |
|
common pleas of Lorain county
and shall be elected and designated | 2020 |
|
as the judges of the court of
common pleas, division of domestic | 2021 |
|
relations. They shall have
all of the powers relating to juvenile | 2022 |
|
courts, and all cases
under Chapters 2151. and 2152.
of the | 2023 |
|
Revised Code, all parentage
proceedings over which the juvenile | 2024 |
|
court has jurisdiction, and
all divorce, dissolution of marriage, | 2025 |
|
legal separation, and
annulment cases shall be assigned to them, | 2026 |
|
except cases
that for some special reason are assigned to some | 2027 |
|
other judge of
the court of common pleas. | 2028 |
| (2) The judges of the court of common pleas whose terms | 2044 |
|
begin on January 5, 1977, and January 2, 1991, and successors | 2045 |
|
shall have the same qualifications, exercise the same powers and | 2046 |
|
jurisdiction, and receive the same compensation as other judges
of | 2047 |
|
the court of common pleas of Lucas county, shall be elected
and | 2048 |
|
designated as judges of the court of common pleas, juvenile | 2049 |
|
division, and shall be the juvenile judges as provided in
| 2050 |
|
Chapters 2151. and 2152. of the Revised Code
with the powers and | 2051 |
|
jurisdictions
conferred by those chapters. In addition to the | 2052 |
|
judge's
regular duties,
the judge of the court of common pleas, | 2053 |
|
juvenile division, senior
in point of service, shall be the | 2054 |
|
administrator of the juvenile
division and its subdivisions and | 2055 |
|
departments and shall have
charge of the employment, assignment, | 2056 |
|
and supervision of the
personnel of the division engaged in | 2057 |
|
handling, servicing, or
investigating juvenile cases, including | 2058 |
|
any referees considered
necessary by the judges of the division in | 2059 |
|
the discharge of their
various duties. | 2060 |
| The judge of the court of common pleas, juvenile division, | 2061 |
|
senior in point of service, also shall designate the title, | 2062 |
|
compensation, expense allowance, hours, leaves of absence, and | 2063 |
|
vacation of the personnel of the division and shall fix the
duties | 2064 |
|
of the personnel of the division. The duties of the
personnel, in | 2065 |
|
addition to other statutory duties include the
handling, | 2066 |
|
servicing, and investigation of juvenile cases and
counseling and | 2067 |
|
conciliation services that may be made available
to persons | 2068 |
|
requesting them, whether or not the persons are
parties to an | 2069 |
|
action pending in the division. | 2070 |
| (1) The judge of the court of
common pleas whose term began | 2078 |
|
on January 1, 1955, and successors,
shall have the same | 2079 |
|
qualifications, exercise the same powers and
jurisdiction, and | 2080 |
|
receive the same compensation as other judges
of the court of | 2081 |
|
common pleas of Mahoning county, shall be elected
and designated | 2082 |
|
as judge of the court of common pleas, division of
domestic | 2083 |
|
relations, and shall be assigned all
the
divorce, dissolution of | 2084 |
|
marriage, legal separation, and annulment
cases coming before the | 2085 |
|
court. In addition to the judge's
regular duties, the judge of | 2086 |
|
the court of common pleas, division of
domestic relations, shall | 2087 |
|
be the administrator of the domestic
relations division and its | 2088 |
|
subdivisions and departments and shall
have charge of the | 2089 |
|
employment, assignment, and supervision of the
personnel of the | 2090 |
|
division engaged in handling, servicing, or
investigating divorce, | 2091 |
|
dissolution of marriage, legal separation,
and annulment cases, | 2092 |
|
including any referees considered necessary
in the discharge of | 2093 |
|
the various duties of the judge's
office. | 2094 |
| The judge also shall designate the title, compensation, | 2095 |
|
expense allowances, hours, leaves of absence, and vacations of
the | 2096 |
|
personnel of the division and shall fix the duties of the | 2097 |
|
personnel of the division. The duties of the personnel, in | 2098 |
|
addition to other statutory duties, include the handling, | 2099 |
|
servicing, and investigation of divorce, dissolution of marriage, | 2100 |
|
legal separation, and annulment cases and counseling and | 2101 |
|
conciliation services that may be made available to persons | 2102 |
|
requesting them, whether or not the persons are parties to an | 2103 |
|
action pending in the division. | 2104 |
| (2) The judge of the court of common pleas whose term
began | 2105 |
|
on January 2, 1969, and successors, shall have the same | 2106 |
|
qualifications, exercise the same powers and jurisdiction, and | 2107 |
|
receive the same compensation as other judges of the court of | 2108 |
|
common pleas of Mahoning county, shall be elected and designated | 2109 |
|
as judge of the court of common pleas, juvenile division, and | 2110 |
|
shall
be the juvenile judge as provided in Chapters
2151. and | 2111 |
|
2152. of the Revised
Code, with the powers and jurisdictions | 2112 |
|
conferred by those chapters. In addition to the judge's regular | 2113 |
|
duties,
the
judge of the
court of common pleas, juvenile division, | 2114 |
|
shall be the
administrator of the juvenile division and its | 2115 |
|
subdivisions and
departments and shall have charge of the | 2116 |
|
employment, assignment,
and supervision of the personnel of the | 2117 |
|
division engaged in
handling, servicing, or investigating juvenile | 2118 |
|
cases, including
any referees considered necessary by the judge in | 2119 |
|
the discharge
of the judge's various duties. | 2120 |
| The judge of the division of domestic relations, senior in | 2146 |
|
point of service, shall be charged exclusively with the
assignment | 2147 |
|
and division of the work of the division and shall
have charge of | 2148 |
|
the employment and supervision of the personnel of
the division | 2149 |
|
engaged in handling, servicing, or investigating
divorce, | 2150 |
|
dissolution of marriage, legal separation, and annulment
cases, | 2151 |
|
including any necessary referees, except those employees
who may | 2152 |
|
be appointed by the judge, junior in point of service,
under this | 2153 |
|
section and sections 2301.12, 2301.18, and 2301.19 of
the Revised | 2154 |
|
Code. The judge of the division of domestic
relations, senior in | 2155 |
|
point of service, also shall designate the
title, compensation, | 2156 |
|
expense allowances, hours, leaves of
absence, and vacation of the | 2157 |
|
personnel of the division and shall
fix their duties. | 2158 |
| In addition to the judge's regular duties, the judge of the | 2168 |
|
court
of common pleas, juvenile division, senior in point of | 2169 |
|
service,
shall be the administrator of the juvenile division and | 2170 |
|
its
subdivisions and departments and shall have charge of the | 2171 |
|
employment, assignment, and supervision of the personnel of the | 2172 |
|
juvenile division, including any necessary referees, who are | 2173 |
|
engaged in handling, servicing, or investigating juvenile cases. | 2174 |
|
The judge, senior in point of service, also shall designate the | 2175 |
|
title, compensation, expense allowances, hours, leaves of
absence, | 2176 |
|
and vacation of the personnel of the division and shall
fix their | 2177 |
|
duties. The duties of the personnel, in addition to
other | 2178 |
|
statutory duties, shall include the handling, servicing,
and | 2179 |
|
investigation of juvenile cases and of any counseling and | 2180 |
|
conciliation services that are available upon request to persons, | 2181 |
|
whether or not they are parties to an action pending in the | 2182 |
|
division. | 2183 |
| (G) In Richland county, the judge of the court of common | 2190 |
|
pleas whose term begins on January 1, 1957, and successors, shall | 2191 |
|
have the same qualifications, exercise the same powers and | 2192 |
|
jurisdiction, and receive the same compensation as the other | 2193 |
|
judges of the court of common pleas of Richland county and shall | 2194 |
|
be elected and designated as judge of the court of common pleas, | 2195 |
|
division of domestic relations. That judge shall have all of
the | 2196 |
|
powers
relating to juvenile courts, and all cases under
Chapters | 2197 |
|
2151. and 2152. of
the Revised Code, all parentage proceedings | 2198 |
|
over which the
juvenile court has jurisdiction, and all divorce, | 2199 |
|
dissolution of
marriage, legal separation, and annulment cases | 2200 |
|
shall be assigned
to that judge, except in cases that for some | 2201 |
|
special reason
are assigned
to some other judge of the court of | 2202 |
|
common pleas. | 2203 |
| (H) In Stark county, the judges of the court of common
pleas | 2204 |
|
whose terms begin on January 1, 1953, January 2, 1959, and
January | 2205 |
|
1, 1993, and successors, shall have the same
qualifications, | 2206 |
|
exercise the same powers and jurisdiction, and
receive the same | 2207 |
|
compensation as other judges of the court of
common pleas of Stark | 2208 |
|
county and shall be elected and designated
as judges of the court | 2209 |
|
of common pleas, division of domestic
relations. They shall have | 2210 |
|
all the powers relating to juvenile
courts, and all cases under | 2211 |
|
Chapters 2151.
and 2152. of the Revised Code,
all parentage | 2212 |
|
proceedings over which the juvenile court has
jurisdiction, and | 2213 |
|
all divorce, dissolution of marriage, legal
separation, and | 2214 |
|
annulment cases, except cases that are assigned
to some other | 2215 |
|
judge of the court of common pleas for some special
reason, shall | 2216 |
|
be assigned to the judges. | 2217 |
| The judge of the division of domestic relations, senior in | 2224 |
|
point of service, shall be charged exclusively with the | 2225 |
|
administration of sections 2151.13, 2151.16, 2151.17, and
2152.71 | 2226 |
|
of the Revised Code and with the assignment and division of the | 2227 |
|
work of the division and the employment and supervision of all | 2228 |
|
other personnel of the division, including, but not limited to, | 2229 |
|
that judge's necessary referees, but excepting those
employees who | 2230 |
|
may be
appointed by the judge second most senior in point of | 2231 |
|
service. The senior
judge further shall serve in every
other | 2232 |
|
position in which the statutes permit or require a
juvenile judge | 2233 |
|
to serve. | 2234 |
| (1) The judges of the court of common pleas whose terms | 2236 |
|
begin on January 4, 1967, and January 6, 1993, and successors, | 2237 |
|
shall have the same qualifications, exercise the same powers and | 2238 |
|
jurisdiction, and receive the same compensation as other judges
of | 2239 |
|
the court of common pleas of Summit county and shall be
elected | 2240 |
|
and designated as judges of the court of common pleas,
division of | 2241 |
|
domestic relations. The judges of the division of
domestic | 2242 |
|
relations shall have assigned to them and hear all
divorce, | 2243 |
|
dissolution of marriage, legal separation, and annulment
cases | 2244 |
|
that come before the court.
Except in cases that are subject to | 2245 |
|
the exclusive original
jurisdiction of the juvenile court, the | 2246 |
|
judges of the division of
domestic relations shall have assigned | 2247 |
|
to them and hear all cases
pertaining to paternity, custody, | 2248 |
|
visitation, child support, or
the allocation of parental rights | 2249 |
|
and responsibilities for the
care of children and all post-decree | 2250 |
|
proceedings arising from any
case pertaining to any of those | 2251 |
|
matters. The judges of the division of
domestic relations shall | 2252 |
|
have assigned to them and hear all
proceedings under the uniform | 2253 |
|
interstate family support act
contained in Chapter 3115. of the | 2254 |
|
Revised Code. | 2255 |
| The judge of the division of domestic relations, senior in | 2256 |
|
point of service, shall be the administrator of the domestic | 2257 |
|
relations division and its subdivisions and departments and shall | 2258 |
|
have charge of the employment, assignment, and supervision of the | 2259 |
|
personnel of the division, including any necessary referees, who | 2260 |
|
are engaged in handling, servicing, or investigating divorce, | 2261 |
|
dissolution of marriage, legal separation, and annulment cases. | 2262 |
|
That judge also shall designate the title, compensation, expense | 2263 |
|
allowances, hours, leaves of absence, and vacations of the | 2264 |
|
personnel of the division and shall fix their duties. The duties | 2265 |
|
of the personnel, in addition to other statutory duties, shall | 2266 |
|
include the handling, servicing, and investigation of divorce, | 2267 |
|
dissolution of marriage, legal separation, and annulment cases
and | 2268 |
|
of any counseling and conciliation services that are
available | 2269 |
|
upon request to all persons, whether or not they are
parties to an | 2270 |
|
action pending in the division. | 2271 |
| (2) The judge of the court of common pleas whose term
begins | 2272 |
|
on January 1, 1955, and successors, shall have the same | 2273 |
|
qualifications, exercise the same powers and jurisdiction, and | 2274 |
|
receive the same compensation as other judges of the court of | 2275 |
|
common pleas of Summit county, shall be elected and designated as | 2276 |
|
judge of the court of common pleas, juvenile division, and shall | 2277 |
|
be, and have the powers and jurisdiction of, the juvenile judge
as | 2278 |
|
provided in Chapters 2151. and
2152. of the Revised Code.
Except | 2279 |
|
in cases that are subject to the exclusive original
jurisdiction | 2280 |
|
of the juvenile court, the judge of the juvenile division
shall | 2281 |
|
not have jurisdiction or the power to hear, and shall not be | 2282 |
|
assigned, any case pertaining to paternity, custody, visitation, | 2283 |
|
child
support, or the allocation of parental rights and | 2284 |
|
responsibilities
for the care of children or any post-decree | 2285 |
|
proceeding arising
from any case pertaining to any of those | 2286 |
|
matters. The judge of the juvenile
division shall not have | 2287 |
|
jurisdiction or the power to hear, and
shall not be assigned, any | 2288 |
|
proceeding under the uniform interstate
family support act | 2289 |
|
contained in Chapter 3115. of the Revised Code. | 2290 |
| The juvenile judge shall be the administrator of the
juvenile | 2291 |
|
division and its subdivisions and departments and shall
have | 2292 |
|
charge of the employment, assignment, and supervision of the | 2293 |
|
personnel of the juvenile division, including any necessary | 2294 |
|
referees, who are engaged in handling, servicing, or
investigating | 2295 |
|
juvenile cases. The judge also shall designate the
title, | 2296 |
|
compensation, expense allowances, hours, leaves of
absence, and | 2297 |
|
vacation of the personnel of the division and shall
fix their | 2298 |
|
duties. The duties of the personnel, in addition to
other | 2299 |
|
statutory duties, shall include the handling, servicing,
and | 2300 |
|
investigation of juvenile cases and of any counseling and | 2301 |
|
conciliation services that are available upon request to persons, | 2302 |
|
whether or not they are parties to an action pending in the | 2303 |
|
division. | 2304 |
| (J) In Trumbull county, the judges of the court of common | 2305 |
|
pleas whose terms begin on January 1, 1953, and January 2, 1977, | 2306 |
|
and successors, shall have the same qualifications, exercise the | 2307 |
|
same powers and jurisdiction, and receive the same compensation
as | 2308 |
|
other judges of the court of common pleas of Trumbull county
and | 2309 |
|
shall be elected and designated as judges of the court of
common | 2310 |
|
pleas, division of domestic relations. They shall have
all the | 2311 |
|
powers relating to juvenile courts, and all cases under
Chapters | 2312 |
|
2151. and 2152. of the
Revised Code, all parentage proceedings | 2313 |
|
over
which the juvenile court has jurisdiction, and all divorce, | 2314 |
|
dissolution of marriage, legal separation, and annulment cases | 2315 |
|
shall be assigned to them, except cases that for some special | 2316 |
|
reason are assigned to some other judge of the court of common | 2317 |
|
pleas. | 2318 |
| (1) The judges of the court of common pleas whose terms | 2320 |
|
begin on January 1, 1957, and January 4, 1993, and successors, | 2321 |
|
shall have the same qualifications, exercise the same powers and | 2322 |
|
jurisdiction, and receive the same compensation as other judges
of | 2323 |
|
the court of common pleas of Butler county and shall be
elected | 2324 |
|
and designated as judges of the court of common pleas,
division of | 2325 |
|
domestic relations. The judges of the division of
domestic | 2326 |
|
relations shall have assigned to them all divorce,
dissolution of | 2327 |
|
marriage, legal separation, and annulment cases
coming before the | 2328 |
|
court, except in cases that for some special
reason are assigned | 2329 |
|
to some other judge of the court of common
pleas. The judge | 2330 |
|
senior in point of service shall be charged
with the assignment | 2331 |
|
and division of the work of the division and
with the employment | 2332 |
|
and supervision of all other personnel of the
domestic relations | 2333 |
|
division. | 2334 |
| The judge senior in point of service also shall designate
the | 2335 |
|
title, compensation, expense allowances, hours, leaves of
absence, | 2336 |
|
and vacations of the personnel of the division and shall
fix their | 2337 |
|
duties. The duties of the personnel, in addition to
other | 2338 |
|
statutory duties, shall include the handling, servicing,
and | 2339 |
|
investigation of divorce, dissolution of marriage, legal | 2340 |
|
separation, and annulment cases and providing any counseling and | 2341 |
|
conciliation services that the division makes available to | 2342 |
|
persons, whether or not the persons are parties to an action | 2343 |
|
pending in the division, who request the services. | 2344 |
| (2) The
judges of the court of common pleas whose
terms | 2345 |
|
begin
on January 3, 1987,
and January 2, 2003, and
successors, | 2346 |
|
shall have the same
qualifications, exercise the same
powers and | 2347 |
|
jurisdiction, and
receive the same compensation as
other judges of | 2348 |
|
the court of
common pleas of Butler county, shall
be elected and | 2349 |
|
designated as
judges of the court of common
pleas, juvenile | 2350 |
|
division, and shall
be the juvenile
judges
as provided in | 2351 |
|
Chapters
2151. and 2152. of
the Revised
Code, with
the powers and | 2352 |
|
jurisdictions conferred by
those chapters. The
judge of the court | 2353 |
|
of common pleas,
juvenile
division,
who is
senior in point of | 2354 |
|
service, shall be the administrator of the
juvenile division and | 2355 |
|
its subdivisions and departments. The
judge, senior in point of | 2356 |
|
service, shall have charge of
the
employment, assignment, and | 2357 |
|
supervision of the personnel of
the
juvenile division who are | 2358 |
|
engaged in handling, servicing, or
investigating juvenile cases, | 2359 |
|
including any referees whom the
judge considers necessary for the | 2360 |
|
discharge of the judge's
various
duties. | 2361 |
| The judge, senior in point of service, also shall designate | 2362 |
|
the title, compensation,
expense allowances, hours, leaves of | 2363 |
|
absence, and vacation of the
personnel of the division and shall | 2364 |
|
fix their duties. The duties
of the personnel, in addition to | 2365 |
|
other statutory duties, include
the handling, servicing, and | 2366 |
|
investigation of juvenile cases and
providing any counseling and | 2367 |
|
conciliation services that the
division makes available to | 2368 |
|
persons, whether or not the persons
are parties to an action | 2369 |
|
pending in the division, who request the
services. | 2370 |
| (L)(1) In Cuyahoga county, the judges of the court of
common | 2377 |
|
pleas whose terms begin on January 8, 1961, January 9,
1961, | 2378 |
|
January 18, 1975, January 19, 1975, and January 13, 1987,
and | 2379 |
|
successors, shall have the same qualifications, exercise the
same | 2380 |
|
powers and jurisdiction, and receive the same compensation
as | 2381 |
|
other judges of the court of common pleas of Cuyahoga county
and | 2382 |
|
shall be elected and designated as judges of the court of
common | 2383 |
|
pleas, division of domestic relations. They shall have
all the | 2384 |
|
powers relating to all divorce, dissolution of marriage,
legal | 2385 |
|
separation, and annulment cases, except in cases that are
assigned | 2386 |
|
to some other judge of the court of common pleas for
some special | 2387 |
|
reason. | 2388 |
| (1) The judge of the court of common pleas whose term
begins | 2401 |
|
on January 2, 1961, and successors, shall have the same | 2402 |
|
qualifications, exercise the same powers and jurisdiction, and | 2403 |
|
receive the same compensation as the other judges of the court of | 2404 |
|
common pleas of Lake county and shall be elected and designated
as | 2405 |
|
judge of the court of common pleas, division of domestic | 2406 |
|
relations. The judge shall be assigned all
the divorce, | 2407 |
|
dissolution of marriage, legal separation, and annulment cases | 2408 |
|
coming before the court, except in cases that for some special | 2409 |
|
reason are assigned to some other judge of the court of common | 2410 |
|
pleas. The judge shall be charged with the assignment and | 2411 |
|
division of the work of the division and with the employment and | 2412 |
|
supervision of all other personnel of the domestic relations | 2413 |
|
division. | 2414 |
| The judge also shall designate the title, compensation, | 2415 |
|
expense allowances, hours, leaves of absence, and vacations of
the | 2416 |
|
personnel of the division and shall fix their duties. The
duties | 2417 |
|
of the personnel, in addition to other statutory duties,
shall | 2418 |
|
include the handling, servicing, and investigation of
divorce, | 2419 |
|
dissolution of marriage, legal separation, and annulment
cases and | 2420 |
|
providing any counseling and conciliation services that
the | 2421 |
|
division makes available to persons, whether or not the
persons | 2422 |
|
are parties to an action pending in the division, who
request the | 2423 |
|
services. | 2424 |
| (2) The judge of the court of common pleas whose term
begins | 2425 |
|
on January 4, 1979, and successors, shall have the same | 2426 |
|
qualifications, exercise the same powers and jurisdiction, and | 2427 |
|
receive the same compensation as other judges of the court of | 2428 |
|
common pleas of Lake county, shall be elected and designated as | 2429 |
|
judge of the court of common pleas, juvenile division, and shall | 2430 |
|
be the juvenile judge as provided in Chapters
2151. and 2152. of | 2431 |
|
the Revised
Code, with the powers and jurisdictions conferred by | 2432 |
|
those chapters. The judge of the court of common pleas,
juvenile | 2433 |
|
division, shall be the administrator of the juvenile division and | 2434 |
|
its subdivisions and departments. The judge shall have charge of | 2435 |
|
the employment, assignment, and supervision of the personnel of | 2436 |
|
the juvenile division who are engaged in handling, servicing, or | 2437 |
|
investigating juvenile cases, including any referees whom the | 2438 |
|
judge considers necessary for the discharge of the judge's
various | 2439 |
|
duties. | 2440 |
| (N) In Erie county, the judge of the court of common pleas | 2456 |
|
whose term begins on January 2, 1971, and successors, shall have | 2457 |
|
the same qualifications, exercise the same powers and | 2458 |
|
jurisdiction, and receive the same compensation as the other
judge | 2459 |
|
of the court of common pleas of Erie county and shall be
elected | 2460 |
|
and designated as judge of the court of common pleas,
division of | 2461 |
|
domestic relations. The judge shall have all the
powers relating | 2462 |
|
to juvenile courts, and shall be assigned all cases
under
Chapters | 2463 |
|
2151. and 2152. of the
Revised Code, parentage
proceedings over | 2464 |
|
which the
juvenile
court has jurisdiction, and
divorce, | 2465 |
|
dissolution of marriage,
legal separation, and annulment
cases, | 2466 |
|
except cases that for some special
reason are assigned to
some | 2467 |
|
other judge. | 2468 |
| (1) The judge of the court of common pleas whose term
begins | 2470 |
|
on January 1, 1961, and successors, shall have the same | 2471 |
|
qualifications, exercise the same powers and jurisdiction, and | 2472 |
|
receive the same compensation as the other judges of the court of | 2473 |
|
common pleas of Greene county and shall be elected and designated | 2474 |
|
as the judge of the court of common pleas, division of domestic | 2475 |
|
relations. The judge shall be assigned all
divorce, dissolution | 2476 |
|
of marriage, legal separation, annulment, uniform
reciprocal | 2477 |
|
support enforcement, and domestic violence cases and
all other | 2478 |
|
cases related to domestic relations, except cases that
for some | 2479 |
|
special reason are assigned to some other judge of the
court of | 2480 |
|
common pleas. | 2481 |
| The judge shall be charged with the assignment and division | 2482 |
|
of the work of the division and with the employment and | 2483 |
|
supervision of all other personnel of the
division. The judge | 2484 |
|
also shall designate the title,
compensation,
hours, leaves of | 2485 |
|
absence, and vacations of the personnel of the
division and shall | 2486 |
|
fix their duties. The duties of the personnel
of the division, in | 2487 |
|
addition to other statutory duties, shall
include the handling, | 2488 |
|
servicing, and investigation of divorce,
dissolution of marriage, | 2489 |
|
legal separation, and annulment cases
and the provision of | 2490 |
|
counseling and conciliation services that
the division considers | 2491 |
|
necessary and makes available to persons
who request the services, | 2492 |
|
whether or not the persons are parties
in an action pending in the | 2493 |
|
division. The compensation for the
personnel shall be paid from | 2494 |
|
the overall court budget and shall
be included in the | 2495 |
|
appropriations for the existing judges of the
general division of | 2496 |
|
the court of common pleas. | 2497 |
| (2) The judge of the court of common pleas whose term
begins | 2498 |
|
on January 1, 1995, and successors, shall have the same | 2499 |
|
qualifications, exercise the same powers and jurisdiction, and | 2500 |
|
receive the same compensation as the other judges of the court of | 2501 |
|
common pleas of Greene county, shall be elected and designated as | 2502 |
|
judge of the court of common pleas, juvenile division, and, on or | 2503 |
|
after January 1, 1995, shall be the juvenile judge as provided in | 2504 |
|
Chapters 2151. and 2152. of the
Revised Code with the powers and | 2505 |
|
jurisdiction conferred by those chapters. The
judge of the court | 2506 |
|
of common pleas, juvenile division, shall be the administrator of | 2507 |
|
the juvenile division and its subdivisions and departments. The | 2508 |
|
judge shall have charge of the employment, assignment, and | 2509 |
|
supervision of the personnel of the juvenile division who are | 2510 |
|
engaged in handling, servicing, or investigating juvenile cases, | 2511 |
|
including any referees whom the judge considers necessary for the | 2512 |
|
discharge of the judge's various duties. | 2513 |
| (P) In Portage county, the judge of the court of common | 2528 |
|
pleas, whose term begins January 2, 1987, and successors, shall | 2529 |
|
have the same qualifications, exercise the same powers and | 2530 |
|
jurisdiction, and receive the same compensation as the other | 2531 |
|
judges of the court of common pleas of Portage county and shall
be | 2532 |
|
elected and designated as judge of the court of common pleas, | 2533 |
|
division of domestic relations. The judge shall be
assigned all | 2534 |
|
divorce, dissolution of marriage, legal
separation,
and annulment | 2535 |
|
cases coming before the court, except in cases that
for some | 2536 |
|
special reason are assigned to some other judge of the
court of | 2537 |
|
common pleas. The judge shall be charged with the
assignment and | 2538 |
|
division of the work of the division and with the
employment and | 2539 |
|
supervision of all other personnel of the domestic
relations | 2540 |
|
division. | 2541 |
| The judge also shall designate the title, compensation, | 2542 |
|
expense allowances, hours, leaves of absence, and vacations of
the | 2543 |
|
personnel of the division and shall fix their duties. The
duties | 2544 |
|
of the personnel, in addition to other statutory duties,
shall | 2545 |
|
include the handling, servicing, and investigation of
divorce, | 2546 |
|
dissolution of marriage, legal separation, and annulment
cases and | 2547 |
|
providing any counseling and conciliation services that
the | 2548 |
|
division makes available to persons, whether or not the
persons | 2549 |
|
are parties to an action pending in the division, who
request the | 2550 |
|
services. | 2551 |
| (Q) In Clermont county, the judge of the court of common | 2552 |
|
pleas, whose term begins January 2, 1987, and successors, shall | 2553 |
|
have the same qualifications, exercise the same powers and | 2554 |
|
jurisdiction, and receive the same compensation as the other | 2555 |
|
judges of the court of common pleas of Clermont county and shall | 2556 |
|
be elected and designated as judge of the court of common pleas, | 2557 |
|
division of domestic relations. The judge shall be
assigned all | 2558 |
|
divorce, dissolution of marriage, legal
separation,
and annulment | 2559 |
|
cases coming before the court, except in cases that
for some | 2560 |
|
special reason are assigned to some other judge of the
court of | 2561 |
|
common pleas. The judge shall be charged with the
assignment and | 2562 |
|
division of the work of the division and with the
employment and | 2563 |
|
supervision of all other personnel of the domestic
relations | 2564 |
|
division. | 2565 |
| The judge also shall designate the title, compensation, | 2566 |
|
expense allowances, hours, leaves of absence, and vacations of
the | 2567 |
|
personnel of the division and shall fix their duties. The
duties | 2568 |
|
of the personnel, in addition to other statutory duties,
shall | 2569 |
|
include the handling, servicing, and investigation of
divorce, | 2570 |
|
dissolution of marriage, legal separation, and annulment
cases and | 2571 |
|
providing any counseling and conciliation services that
the | 2572 |
|
division makes available to persons, whether or not the
persons | 2573 |
|
are parties to an action pending in the division, who
request the | 2574 |
|
services. | 2575 |
| (R) In Warren county, the judge of the court of common | 2576 |
|
pleas, whose term begins January 1, 1987, and successors, shall | 2577 |
|
have the same qualifications, exercise the same powers and | 2578 |
|
jurisdiction, and receive the same compensation as the other | 2579 |
|
judges of the court of common pleas of Warren county and shall be | 2580 |
|
elected and designated as judge of the court of common pleas, | 2581 |
|
division of domestic relations. The judge shall be
assigned all | 2582 |
|
divorce, dissolution of marriage, legal
separation,
and annulment | 2583 |
|
cases coming before the court, except in cases that
for some | 2584 |
|
special reason are assigned to some other judge of the
court of | 2585 |
|
common pleas. The judge shall be charged with the
assignment and | 2586 |
|
division of the work of the division and with the
employment and | 2587 |
|
supervision of all other personnel of the domestic
relations | 2588 |
|
division. | 2589 |
| The judge also shall designate the title, compensation, | 2590 |
|
expense allowances, hours, leaves of absence, and vacations of
the | 2591 |
|
personnel of the division and shall fix their duties. The
duties | 2592 |
|
of the personnel, in addition to other statutory duties,
shall | 2593 |
|
include the handling, servicing, and investigation of
divorce, | 2594 |
|
dissolution of marriage, legal separation, and annulment
cases and | 2595 |
|
providing any counseling and conciliation services that
the | 2596 |
|
division makes available to persons, whether or not the
persons | 2597 |
|
are parties to an action pending in the division, who
request the | 2598 |
|
services. | 2599 |
| (S) In Licking county, the judge of the court of common | 2600 |
|
pleas, whose term begins January 1, 1991, and successors, shall | 2601 |
|
have the same qualifications, exercise the same powers and | 2602 |
|
jurisdiction, and receive the same compensation as the other | 2603 |
|
judges of the court of common pleas of Licking county and shall
be | 2604 |
|
elected and designated as judge of the court of common pleas, | 2605 |
|
division of domestic relations. The judge shall be
assigned all | 2606 |
|
divorce, dissolution of marriage, legal
separation,
and annulment | 2607 |
|
cases, all cases arising under Chapter 3111. of the
Revised Code, | 2608 |
|
all proceedings involving child support, the
allocation of | 2609 |
|
parental rights and responsibilities for the care
of children and | 2610 |
|
the designation for the children of a place of
residence and legal | 2611 |
|
custodian, parenting time, and visitation, and all
post-decree | 2612 |
|
proceedings and matters arising from those cases and
proceedings, | 2613 |
|
except in cases that for some special reason are
assigned to | 2614 |
|
another judge of the court of common pleas. The
judge shall be | 2615 |
|
charged with the assignment and division of the
work of the | 2616 |
|
division and with the employment and supervision of
the personnel | 2617 |
|
of the division. | 2618 |
| The judge shall designate the title, compensation, expense | 2619 |
|
allowances, hours, leaves of absence, and vacations of the | 2620 |
|
personnel of the division and shall fix the duties of the | 2621 |
|
personnel of the division. The duties of the personnel of the | 2622 |
|
division, in addition to other statutory duties, shall include
the | 2623 |
|
handling, servicing, and investigation of divorce,
dissolution of | 2624 |
|
marriage, legal separation, and annulment cases,
cases arising | 2625 |
|
under Chapter 3111. of the Revised Code, and
proceedings involving | 2626 |
|
child support, the allocation of parental
rights and | 2627 |
|
responsibilities for the care of children and the
designation for | 2628 |
|
the children of a place of residence and legal
custodian, | 2629 |
|
parenting time, and visitation and providing any counseling and | 2630 |
|
conciliation services that the division makes available to | 2631 |
|
persons, whether or not the persons are parties to an action | 2632 |
|
pending in the division, who request the services. | 2633 |
| (T) In Allen county, the judge of the court of common
pleas, | 2634 |
|
whose term begins January 1, 1993, and successors, shall
have the | 2635 |
|
same qualifications, exercise the same powers and
jurisdiction, | 2636 |
|
and receive the same compensation as the other
judges of the court | 2637 |
|
of common pleas of Allen county and shall be
elected and | 2638 |
|
designated as judge of the court of common pleas,
division of | 2639 |
|
domestic relations. The judge shall be
assigned all divorce, | 2640 |
|
dissolution of marriage, legal
separation,
and annulment cases, | 2641 |
|
all cases arising under Chapter 3111. of the
Revised Code, all | 2642 |
|
proceedings involving child support, the
allocation of parental | 2643 |
|
rights and responsibilities for the care
of children and the | 2644 |
|
designation for the children of a place of
residence and legal | 2645 |
|
custodian, parenting time, and visitation, and all
post-decree | 2646 |
|
proceedings and matters arising from those cases and
proceedings, | 2647 |
|
except in cases that for some special reason are
assigned to | 2648 |
|
another judge of the court of common pleas. The
judge shall be | 2649 |
|
charged with the assignment and division of the
work of the | 2650 |
|
division and with the employment and supervision of
the personnel | 2651 |
|
of the division. | 2652 |
| The judge shall designate the title, compensation, expense | 2653 |
|
allowances, hours, leaves of absence, and vacations of the | 2654 |
|
personnel of the division and shall fix the duties of the | 2655 |
|
personnel of the division. The duties of the personnel of the | 2656 |
|
division, in addition to other statutory duties, shall include
the | 2657 |
|
handling, servicing, and investigation of divorce,
dissolution of | 2658 |
|
marriage, legal separation, and annulment cases,
cases arising | 2659 |
|
under Chapter 3111. of the Revised Code, and
proceedings involving | 2660 |
|
child support, the allocation of parental
rights and | 2661 |
|
responsibilities for the care of children and the
designation for | 2662 |
|
the children of a place of residence and legal
custodian, | 2663 |
|
parenting time, and visitation, and providing any counseling and | 2664 |
|
conciliation services that the division makes available to | 2665 |
|
persons, whether or not the persons are parties to an action | 2666 |
|
pending in the division, who request the services. | 2667 |
| (U) In Medina county, the judge of the court of common
pleas | 2668 |
|
whose term begins January 1, 1995, and successors, shall
have the | 2669 |
|
same qualifications, exercise the same powers and
jurisdiction, | 2670 |
|
and receive the same compensation as other judges
of the court of | 2671 |
|
common pleas of Medina county and shall be
elected and designated | 2672 |
|
as judge of the court of common pleas,
division of domestic | 2673 |
|
relations. The judge shall be
assigned all divorce, dissolution | 2674 |
|
of marriage, legal
separation,
and annulment cases, all cases | 2675 |
|
arising under Chapter 3111. of the
Revised Code, all proceedings | 2676 |
|
involving child support, the
allocation of parental rights and | 2677 |
|
responsibilities for the care
of children and the designation for | 2678 |
|
the children of a place of
residence and legal custodian, | 2679 |
|
parenting time, and visitation, and all
post-decree proceedings | 2680 |
|
and matters arising from those cases and
proceedings, except in | 2681 |
|
cases that for some special reason are
assigned to another judge | 2682 |
|
of the court of common pleas. The
judge shall be charged with the | 2683 |
|
assignment and division of the
work of the division and with the | 2684 |
|
employment and supervision of
the personnel of the division. | 2685 |
| The judge shall designate the title, compensation, expense | 2686 |
|
allowances, hours, leaves of absence, and vacations of the | 2687 |
|
personnel of the division and shall fix the duties of the | 2688 |
|
personnel of the division. The duties of the personnel, in | 2689 |
|
addition to other statutory duties, include the handling, | 2690 |
|
servicing, and investigation of divorce, dissolution of marriage, | 2691 |
|
legal separation, and annulment cases, cases arising under
Chapter | 2692 |
|
3111. of the Revised Code, and proceedings involving
child | 2693 |
|
support, the allocation of parental rights and
responsibilities | 2694 |
|
for the care of children and the designation for
the children of a | 2695 |
|
place of residence and legal custodian, parenting time, and | 2696 |
|
visitation, and providing counseling and conciliation services | 2697 |
|
that the division makes available to persons, whether or not the | 2698 |
|
persons are parties to an action pending in the division, who | 2699 |
|
request the services. | 2700 |
| (V) In Fairfield county, the judge of the court of common | 2701 |
|
pleas whose term begins January 2, 1995, and successors, shall | 2702 |
|
have the same qualifications, exercise the same powers and | 2703 |
|
jurisdiction, and receive the same compensation as the other | 2704 |
|
judges of the court of common pleas of Fairfield county and shall | 2705 |
|
be elected and designated as judge of the court of common pleas, | 2706 |
|
division of domestic relations. The judge shall be
assigned all | 2707 |
|
divorce, dissolution of marriage, legal
separation,
and annulment | 2708 |
|
cases, all cases arising under Chapter 3111. of the
Revised Code, | 2709 |
|
all proceedings involving child support, the
allocation of | 2710 |
|
parental rights and responsibilities for the care
of children and | 2711 |
|
the designation for the children of a place of
residence and legal | 2712 |
|
custodian, parenting time, and visitation, and all
post-decree | 2713 |
|
proceedings and matters arising from those cases and
proceedings, | 2714 |
|
except in cases that for some special reason are
assigned to | 2715 |
|
another judge of the court of common pleas. The judge also has | 2716 |
|
concurrent jurisdiction with the probate-juvenile division of the | 2717 |
|
court of
common pleas of Fairfield county with respect to and may | 2718 |
|
hear cases
to determine the custody of a child, as defined in | 2719 |
|
section 2151.011 of the Revised Code, who
is not the ward of | 2720 |
|
another court of this state, cases that are commenced by a
parent, | 2721 |
|
guardian, or custodian of a child, as defined in section 2151.011 | 2722 |
|
of the Revised Code, to obtain an order requiring a parent of the | 2723 |
|
child to pay child support
for that child when the request for | 2724 |
|
that order is not ancillary to an action
for divorce, dissolution | 2725 |
|
of marriage, annulment, or legal separation, a
criminal or civil | 2726 |
|
action involving an allegation of domestic violence, an
action for | 2727 |
|
support under Chapter 3115. of the Revised Code, or an action that | 2728 |
|
is
within the exclusive original jurisdiction of the | 2729 |
|
probate-juvenile division of
the court of common pleas of | 2730 |
|
Fairfield county and that involves an
allegation that the child is | 2731 |
|
an abused, neglected, or dependent child, and
post-decree | 2732 |
|
proceedings and matters arising from those types of cases. | 2733 |
| The judge shall designate the title, compensation, expense | 2738 |
|
allowances, hours, leaves of absence, and vacations of the | 2739 |
|
personnel of the division and shall fix the duties of the | 2740 |
|
personnel of the division. The duties of the personnel of the | 2741 |
|
division, in addition to other statutory duties, shall include
the | 2742 |
|
handling, servicing, and investigation of divorce,
dissolution of | 2743 |
|
marriage, legal separation, and annulment cases,
cases arising | 2744 |
|
under Chapter 3111. of the Revised Code, and
proceedings involving | 2745 |
|
child support, the allocation of parental
rights and | 2746 |
|
responsibilities for the care of children and the
designation for | 2747 |
|
the children of a place of residence and legal
custodian, | 2748 |
|
parenting time, and visitation, and providing any counseling and | 2749 |
|
conciliation services that the division makes available to | 2750 |
|
persons, regardless of whether the persons are parties to an | 2751 |
|
action pending in the division, who request the services.
When | 2752 |
|
the judge hears a case to determine the custody of a child, as | 2753 |
|
defined
in section 2151.011 of the Revised Code, who is not the | 2754 |
|
ward of another court
of this state or a case that is commenced by | 2755 |
|
a parent, guardian, or custodian
of a child, as defined in section | 2756 |
|
2151.011 of the Revised Code, to obtain an
order requiring a | 2757 |
|
parent of the child to pay child support for that child when
the | 2758 |
|
request for that order is not ancillary to an action for divorce, | 2759 |
|
dissolution of marriage, annulment, or legal separation, a | 2760 |
|
criminal or civil
action involving an allegation of domestic | 2761 |
|
violence, an action for support
under Chapter 3115. of the Revised | 2762 |
|
Code, or an action that is within the
exclusive original | 2763 |
|
jurisdiction of the probate-juvenile division of the court
of | 2764 |
|
common pleas of Fairfield county and that
involves an allegation | 2765 |
|
that the
child is an abused, neglected, or dependent child, the | 2766 |
|
duties of the personnel
of the domestic relations division also | 2767 |
|
include the handling, servicing, and
investigation of those types | 2768 |
|
of cases. | 2769 |
| (W)(1) In Clark county, the judge of the court of common | 2770 |
|
pleas whose term begins on January 2, 1995, and successors, shall | 2771 |
|
have the same qualifications, exercise the same powers and | 2772 |
|
jurisdiction, and receive the same compensation as other judges
of | 2773 |
|
the court of common pleas of Clark county and shall be elected
and | 2774 |
|
designated as judge of the court of common pleas, domestic | 2775 |
|
relations division. The judge shall have all the powers
relating | 2776 |
|
to juvenile courts, and all cases under
Chapters 2151. and 2152. | 2777 |
|
of the Revised
Code and all parentage proceedings under Chapter | 2778 |
|
3111. of the
Revised Code over which the juvenile court has | 2779 |
|
jurisdiction shall
be assigned to the judge of the division of | 2780 |
|
domestic relations. All divorce,
dissolution of marriage, legal | 2781 |
|
separation,
annulment, uniform reciprocal support enforcement, and | 2782 |
|
other
cases related to domestic relations shall be assigned to the | 2783 |
|
domestic relations division, and the presiding judge of the court | 2784 |
|
of common pleas shall assign the cases to the judge of the | 2785 |
|
domestic relations division and the judges of the general | 2786 |
|
division. | 2787 |
| (3) If the judge of the court of common pleas of Clark | 2791 |
|
county, division of domestic relations, is sick, absent, or
unable | 2792 |
|
to perform that judge's judicial duties or if the
presiding
judge | 2793 |
|
of the
court of common pleas of Clark county determines that the | 2794 |
|
volume
of cases pending in the division of domestic relations | 2795 |
|
necessitates it, the duties of the judge of the division of | 2796 |
|
domestic relations shall be performed by the judges of the
general | 2797 |
|
division or probate division of the court of common pleas
of Clark | 2798 |
|
county, as assigned for that purpose by the presiding
judge of | 2799 |
|
that court, and the judges so assigned shall act in
conjunction | 2800 |
|
with the judge of the division of domestic relations
of that | 2801 |
|
court. | 2802 |
| (X) In Scioto county, the judge of the court of common
pleas | 2803 |
|
whose term begins January 2, 1995, and
successors, shall
have the | 2804 |
|
same qualifications, exercise the same powers and
jurisdiction, | 2805 |
|
and receive the same compensation as other judges
of the court of | 2806 |
|
common pleas of Scioto county and shall be
elected and designated | 2807 |
|
as judge of the court of common pleas,
division of domestic | 2808 |
|
relations. The judge shall be
assigned all divorce, dissolution | 2809 |
|
of marriage, legal
separation,
and annulment cases, all cases | 2810 |
|
arising under Chapter 3111. of the
Revised Code, all proceedings | 2811 |
|
involving child support, the
allocation of parental rights and | 2812 |
|
responsibilities for the care
of children and the designation for | 2813 |
|
the children of a place of
residence and legal custodian, | 2814 |
|
parenting time, visitation, and all post-decree
proceedings and | 2815 |
|
matters arising from those cases and proceedings,
except in cases | 2816 |
|
that for some special reason are assigned to
another judge of the | 2817 |
|
court of common pleas. The judge shall be
charged with the | 2818 |
|
assignment and division of the work of the
division and with the | 2819 |
|
employment and supervision of the personnel
of the division. | 2820 |
| The judge shall designate the title, compensation, expense | 2821 |
|
allowances, hours, leaves of absence, and vacations of the | 2822 |
|
personnel of the division and shall fix the duties of the | 2823 |
|
personnel of the division. The duties of the personnel, in | 2824 |
|
addition to other statutory duties, include the handling, | 2825 |
|
servicing, and investigation of divorce, dissolution of marriage, | 2826 |
|
legal separation, and annulment cases, cases arising under
Chapter | 2827 |
|
3111. of the Revised Code, and proceedings involving
child | 2828 |
|
support, the allocation of parental rights and
responsibilities | 2829 |
|
for the care of children and the designation for
the children of a | 2830 |
|
place of residence and legal custodian, parenting time, and | 2831 |
|
visitation, and providing counseling and conciliation services | 2832 |
|
that the division makes available to persons, whether or not the | 2833 |
|
persons are parties to an action pending in the division, who | 2834 |
|
request the services. | 2835 |
| (Y) In Auglaize county, the judge of the probate and | 2836 |
|
juvenile divisions of the Auglaize county court of common pleas | 2837 |
|
also shall be the administrative judge of the domestic relations | 2838 |
|
division of the court and shall be assigned
all divorce, | 2839 |
|
dissolution of marriage, legal separation, and annulment cases | 2840 |
|
coming before the court. The judge shall have all powers as | 2841 |
|
administrator of the domestic relations division and shall have | 2842 |
|
charge of the personnel engaged in handling, servicing, or | 2843 |
|
investigating divorce, dissolution of marriage, legal separation, | 2844 |
|
and annulment cases, including any referees considered necessary | 2845 |
|
for the discharge of the judge's various duties. | 2846 |
| (Z)(1) In Marion county, the judge of the court of
common | 2847 |
|
pleas whose term begins on February 9,
1999, and the successors to | 2848 |
|
that judge, shall have the same qualifications,
exercise the same | 2849 |
|
powers and jurisdiction, and receive the same compensation
as the | 2850 |
|
other judges of the court of common pleas of
Marion county and | 2851 |
|
shall be elected and
designated as judge of the court of common | 2852 |
|
pleas, domestic
relations-juvenile-probate division. Except as | 2853 |
|
otherwise specified in this
division, that judge, and the | 2854 |
|
successors to that judge, shall have all the
powers relating to | 2855 |
|
juvenile courts, and all cases under
Chapters 2151. and 2152. of | 2856 |
|
the
Revised Code,
all cases arising under Chapter 3111. of the | 2857 |
|
Revised Code,
all divorce, dissolution of marriage, legal | 2858 |
|
separation, and annulment cases,
all proceedings involving child | 2859 |
|
support, the allocation of parental rights and
responsibilities | 2860 |
|
for the care of children and the designation for the children
of a | 2861 |
|
place of residence and legal custodian, parenting time, and | 2862 |
|
visitation, and all
post-decree proceedings and matters arising | 2863 |
|
from those cases and
proceedings
shall be assigned to that judge | 2864 |
|
and the successors to
that judge. Except as
provided in division | 2865 |
|
(Z)(2) of this section
and notwithstanding any other provision of | 2866 |
|
any section of the
Revised Code, on and after February 9, 2003, | 2867 |
|
the judge of
the
court of common pleas of Marion county
whose term | 2868 |
|
begins on
February 9, 1999, and the
successors to that judge, | 2869 |
|
shall have all
the powers relating to the probate
division of the | 2870 |
|
court of common
pleas of
Marion county in addition to the powers | 2871 |
|
previously
specified in this division, and shall exercise | 2872 |
|
concurrent
jurisdiction with the judge of the probate division of | 2873 |
|
that court
over all
matters that are within the jurisdiction of | 2874 |
|
the probate
division of that court
under Chapter 2101., and other | 2875 |
|
provisions,
of
the Revised Code in addition to the jurisdiction of | 2876 |
|
the
domestic relations-juvenile-probate division of that court | 2877 |
|
otherwise specified
in division (Z)(1) of this section. | 2878 |
| (3) On and after February 9, 2003, all
references in law to | 2887 |
|
"the probate court,"
"the probate judge,"
"the juvenile
court," or | 2888 |
|
"the judge of the juvenile court" shall be construed, with respect | 2889 |
|
to Marion county, as being references to both
"the probate | 2890 |
|
division" and
"the domestic relations-juvenile-probate division" | 2891 |
|
and as being references to both
"the judge of the probate | 2892 |
|
division" and
"the
judge of the domestic relations- | 2893 |
|
juvenile-probate division." On and after
February 9, 2003, all | 2894 |
|
references in law to
"the clerk of the probate court" shall be | 2895 |
|
construed, with respect to
Marion county, as being references to | 2896 |
|
the judge who is serving pursuant to
division (Z)(2) of this | 2897 |
|
section as the clerk of the probate division of the
court of | 2898 |
|
common pleas of Marion county. | 2899 |
| (AA)
In Muskingum county, the judge of the court of common | 2900 |
|
pleas whose term begins on January 2, 2003, and successors, shall | 2901 |
|
have the same qualifications, exercise the same powers and | 2902 |
|
jurisdiction, and receive the same compensation as the other | 2903 |
|
judges of the court of common pleas of Muskingum county and shall | 2904 |
|
be elected and designated as the judge of the court of common | 2905 |
|
pleas, division of domestic relations. The judge shall
be | 2906 |
|
assigned
and hear
all
divorce, dissolution of marriage, legal | 2907 |
|
separation, and annulment cases
and all
proceedings under the | 2908 |
|
uniform interstate family support act
contained in Chapter 3115. | 2909 |
|
of the Revised Code. Except in cases
that are subject to the | 2910 |
|
exclusive original jurisdiction of the
juvenile court, the judge | 2911 |
|
shall be assigned and hear all cases
pertaining to paternity, | 2912 |
|
visitation, child
support, the
allocation
of parental rights and | 2913 |
|
responsibilities
for the care of
children,
and the designation for | 2914 |
|
the children of a
place of residence
and
legal custodian,
and all | 2915 |
|
post-decree
proceedings
arising from
any case pertaining to
any of | 2916 |
|
those
matters. | 2917 |
Sec. 2313.13. (A) The court of common pleas
may postpone the | 2927 |
whole or a part of the time of service of a juror, after notice | 2928 |
for service, to a later date during the same term or part of a | 2929 |
term or to a subsequent term or part of a term of the same jury | 2930 |
year or may excuse a juror, after notice for service, from
service | 2931 |
at that term for not more than three days at a time,
where the | 2932 |
exigencies of his business require
his temporary excuse. The | 2933 |
courtof a county or the judge of the court of common pleas of a | 2934 |
county may
also discharge,
for the term
of a court or
for part of | 2935 |
a term
of a court,
or excuse until a day certain, one or more | 2936 |
jurors
so
notifiedsummoned for jury duty whose attendance is not | 2937 |
required for the trial of issues
at that term or part of a term, | 2938 |
or until that day.
Each | 2939 |
| (b) In the Hamilton county municipal court, the clerk of | 3023 |
|
courts of Hamilton county shall be the clerk of the municipal | 3024 |
|
court and may appoint an assistant clerk who shall receive the | 3025 |
|
compensation, payable out of the treasury of Hamilton county in | 3026 |
|
semimonthly installments, that the board of county commissioners | 3027 |
|
prescribes. The clerk of courts of Hamilton county, acting as
the | 3028 |
|
clerk of the Hamilton county municipal court and assuming the | 3029 |
|
duties of that office, shall receive compensation at one-fourth | 3030 |
|
the rate that is prescribed for the clerks of courts of common | 3031 |
|
pleas as determined in accordance with the population of the | 3032 |
|
county and the rates set forth in sections 325.08 and 325.18 of | 3033 |
|
the Revised Code. This compensation shall be paid from the
county | 3034 |
|
treasury in semimonthly installments and is in addition to
the | 3035 |
|
annual compensation that is received for the performance of
the | 3036 |
|
duties of the clerk of courts of Hamilton county, as provided
in | 3037 |
|
sections 325.08 and 325.18 of the Revised Code. | 3038 |
| (c) In the Portage county and Wayne county municipal
courts, | 3039 |
|
the clerks of courts of Portage county and Wayne county
shall be | 3040 |
|
the clerks, respectively, of the Portage county and
Wayne county | 3041 |
|
municipal courts and may appoint a chief deputy
clerk for each | 3042 |
|
branch that is established pursuant to section
1901.311 of the | 3043 |
|
Revised Code and assistant clerks as the judges
of the municipal | 3044 |
|
court determine are necessary, all of whom shall
receive the | 3045 |
|
compensation that the legislative authority
prescribes. The | 3046 |
|
clerks of courts of Portage county and Wayne
county, acting as the | 3047 |
|
clerks of the Portage county and Wayne
county municipal courts and | 3048 |
|
assuming the duties of these offices,
shall receive compensation | 3049 |
|
payable from the county treasury in semimonthly
installments at | 3050 |
|
one-fourth the rate that is prescribed for the clerks of
courts of | 3051 |
|
common pleas as determined in accordance with the population of | 3052 |
|
the
county and the rates set forth in sections 325.08 and 325.18 | 3053 |
|
of the Revised
Code. | 3054 |
| (e) In the Clermont county municipal court, the clerk of | 3096 |
|
courts of Clermont county shall be the clerk of the municipal | 3097 |
|
court. The clerk of courts of Clermont county, acting as the | 3098 |
|
clerk of the Clermont county municipal court and assuming the | 3099 |
|
duties of that office, shall receive compensation at one-fourth | 3100 |
|
the rate that is prescribed for the clerks of courts of common | 3101 |
|
pleas as determined in accordance with the population of the | 3102 |
|
county and the rates set forth in sections 325.08 and 325.18 of | 3103 |
|
the Revised Code. This compensation shall be paid from the
county | 3104 |
|
treasury in semimonthly installments and is in addition to
the | 3105 |
|
annual compensation that is received for the performance of
the | 3106 |
|
duties of the clerk of courts of Clermont county, as provided
in | 3107 |
|
sections 325.08 and 325.18 of the Revised Code. | 3108 |
| Declarations of candidacy and petitions, nominating | 3188 |
|
petitions, and
certificates of nomination for the office of clerk | 3189 |
|
of the Cuyahoga
Falls municipal court shall contain a designation | 3190 |
|
of the term for
which the candidate seeks election. At the | 3191 |
|
following regular municipal
election, all candidates for the | 3192 |
|
office shall be submitted to the
qualified electors of the | 3193 |
|
territory of the court in the manner
that is provided in section | 3194 |
|
1901.07 of the Revised Code for
the
election of the judges of the | 3195 |
|
court. The clerk so elected shall hold office
for
a term of six | 3196 |
|
years, which term shall commence on the first day of
January | 3197 |
|
following the clerk's election and continue until the
clerk's | 3198 |
|
successor is elected and qualified. | 3199 |
(c) In the Auglaize county
and Brown county
municipal
court | 3251 |
courts, the
clerkclerks of
courts of Auglaize
county
and Brown | 3252 |
county shall be the
clerkclerks,
respectively, of the
Auglaize | 3253 |
county and Brown county municipal
courtcourts and may appoint a | 3254 |
|
chief deputy clerk
for each branch that
is
established pursuant to | 3255 |
|
section 1901.311
of the Revised Code,
and
assistant clerks as the | 3256 |
|
judge of the
court determines are
necessary, all of whom shall | 3257 |
|
receive the
compensation that the
legislative authority | 3258 |
prescribes. The
clerkclerks of courts of
Auglaize
county
and | 3259 |
Brown county, acting as the
clerkclerks of the Auglaize county | 3260 |
and Brown
county
municipal
courtcourts
and assuming the
duties of | 3261 |
that officethese offices, shall
receive compensation
payable from | 3262 |
|
the county treasury in semimonthly
installments at
one-fourth the | 3263 |
|
rate that is prescribed for the clerks of
courts of
common pleas | 3264 |
|
as determined in accordance with the population of
the
county and | 3265 |
|
the rates set forth in sections 325.08 and 325.18
of the Revised | 3266 |
|
Code. | 3267 |
| (d) In the Columbiana county municipal court, the clerk of | 3268 |
|
courts of
Columbiana county shall be the
clerk of the municipal | 3269 |
|
court, may appoint a chief deputy
clerk for each branch office | 3270 |
|
that is established pursuant to section
1901.311 of the Revised | 3271 |
|
Code, and may appoint any assistant clerks that
the judges of the | 3272 |
|
court determine are necessary. All of the chief deputy
clerks and | 3273 |
|
assistant clerks shall receive the compensation that the | 3274 |
|
legislative authority prescribes. The clerk of courts of | 3275 |
|
Columbiana county, acting as
the clerk of the Columbiana
county | 3276 |
|
municipal court and assuming the duties of that office,
shall | 3277 |
|
receive compensation payable from the county treasury in | 3278 |
|
semimonthly installments at one-fourth the rate that is
prescribed | 3279 |
|
for the clerks of courts of common pleas as
determined in | 3280 |
|
accordance with the population of the county and
the rates set | 3281 |
|
forth in sections 325.08 and 325.18 of the
Revised Code. | 3282 |
| (B) Except in the Clermont county, Hamilton county,
Medina, | 3287 |
|
Portage county, and Wayne county municipal courts, if a vacancy | 3288 |
|
occurs in the office of the clerk of the Alliance, Lorain, | 3289 |
|
Massillon, or Youngstown municipal court or occurs in the office | 3290 |
|
of the clerk of a municipal court for which the population of the | 3291 |
|
territory equals or exceeds one hundred thousand because the
clerk | 3292 |
|
ceases to hold the office before the end of the clerk's term or | 3293 |
|
because a clerk-elect fails to take office, the vacancy shall be | 3294 |
|
filled, until a successor is elected and qualified, by a person | 3295 |
|
chosen by the residents of the territory of the court who are | 3296 |
|
members of the county central committee of the political party by | 3297 |
|
which the last occupant of that office or the clerk-elect was | 3298 |
|
nominated. Not less than five nor more than fifteen days after a | 3299 |
|
vacancy occurs, those members of that county central committee | 3300 |
|
shall meet to make an appointment to fill the vacancy. At least | 3301 |
|
four days before the date of the meeting, the chairperson or a | 3302 |
|
secretary of the county central committee shall notify each such | 3303 |
|
member of that county central committee by first class
mail of the | 3304 |
|
date, time, and place
of the meeting and its purpose. A majority | 3305 |
|
of all such members of
that county central committee constitutes a | 3306 |
|
quorum, and a
majority of the quorum is
required to make the | 3307 |
|
appointment. If the office so vacated was
occupied or was to be | 3308 |
|
occupied by a person not nominated at a
primary election, or if | 3309 |
|
the appointment was not made by the
committee members in | 3310 |
|
accordance with this division, the court
shall make an appointment | 3311 |
|
to fill the vacancy. A successor shall
be elected to fill the | 3312 |
|
office for the unexpired term at the first
municipal election that | 3313 |
|
is held more than one hundred twenty days
after the vacancy | 3314 |
|
occurred. | 3315 |
| (C)(1) In a municipal court, other than the Auglaize county, | 3316 |
| the Brown county,
the Columbiana county, and
the Lorain municipal | 3317 |
|
courts,
for which
the population of the
territory is
less than one | 3318 |
|
hundred thousand
and in the Medina
municipal
court, the clerk of | 3319 |
|
the municipal
court
shall receive
the annual compensation that the | 3320 |
|
presiding
judge of the court
prescribes, if the revenue of the | 3321 |
|
court for the
preceding calendar
year, as
certified by the auditor | 3322 |
|
or chief
fiscal officer of the
municipal corporation
in which the | 3323 |
|
court is
located or, in the
case of a county-operated municipal | 3324 |
|
court, the
county auditor, is
equal to or greater than the | 3325 |
|
expenditures,
including any debt
charges, for the operation of the | 3326 |
|
court payable
under this
chapter
from the city treasury or, in the | 3327 |
|
case of a
county-operated
municipal
court, the county treasury for | 3328 |
|
that
calendar year, as
also certified by the
auditor or chief | 3329 |
|
fiscal
officer. If the
revenue of a municipal court, other
than | 3330 |
|
the
Auglaize county,
the
Brown county, the Columbiana county, and | 3331 |
|
the
Lorain municipal
courts, for which
the population of the | 3332 |
|
territory
is less than one
hundred thousand or the
revenue of the | 3333 |
|
Medina
municipal court for
the preceding calendar year
as so | 3334 |
|
certified is
not equal to or
greater than those expenditures for | 3335 |
|
the
operation
of the court for
that calendar year as so certified, | 3336 |
|
the clerk of
a
municipal court
shall receive the annual | 3337 |
|
compensation that the
legislative
authority prescribes.
As used | 3338 |
|
in this division,
"revenue" means
the total of all costs and fees | 3339 |
|
that are collected
and paid to the
city
treasury or, in a | 3340 |
|
county-operated municipal
court, the county
treasury by the
clerk | 3341 |
|
of the municipal court
under division (F) of
this section and
all | 3342 |
|
interest received and
paid to the city
treasury or, in a | 3343 |
|
county-operated
municipal
court, the county
treasury in relation | 3344 |
|
to the costs and fees under
division (G) of
this section. | 3345 |
| (E) The clerk of a municipal court may do all of the | 3361 |
|
following: administer oaths, take affidavits, and issue | 3362 |
|
executions upon any judgment rendered in the court, including a | 3363 |
|
judgment for unpaid costs; issue, sign, and attach the seal of
the | 3364 |
|
court to all writs, process, subpoenas, and papers issuing
out of | 3365 |
|
the court; and approve all bonds, sureties, recognizances,
and | 3366 |
|
undertakings fixed by any judge of the court or by law. The clerk | 3367 |
|
may
refuse to accept for filing any pleading or paper submitted | 3368 |
|
for filing by a
person who has been found to be a vexatious | 3369 |
|
litigator under section 2323.52
of the Revised Code and who has | 3370 |
|
failed to obtain leave to proceed under that
section. The clerk | 3371 |
|
shall do all of the following: file and safely keep all
journals, | 3372 |
|
records, books, and papers belonging or appertaining to
the court; | 3373 |
|
record the proceedings of the court; perform all other
duties that | 3374 |
|
the judges of the court may prescribe; and keep a
book showing all | 3375 |
|
receipts and disbursements, which book shall be
open for public | 3376 |
|
inspection at all times. | 3377 |
| The clerk shall prepare and maintain a general index, a | 3378 |
|
docket, and other records that the court, by rule, requires, all | 3379 |
|
of which shall be the public records of the court. In the
docket, | 3380 |
|
the clerk shall enter, at the time of the commencement of
an | 3381 |
|
action, the names of the parties in full, the names of the | 3382 |
|
counsel, and the nature of the proceedings. Under proper dates, | 3383 |
|
the clerk shall note the filing of the complaint, issuing of | 3384 |
|
summons or
other process, returns, and any subsequent pleadings. | 3385 |
|
The clerk
also shall enter all reports, verdicts, orders, | 3386 |
|
judgments, and
proceedings of the court, clearly specifying the | 3387 |
|
relief granted
or orders made in each action. The court may order | 3388 |
|
an extended
record of any of the above to be made and entered, | 3389 |
|
under the
proper action heading, upon the docket at the request of | 3390 |
|
any
party to the case, the expense of which record may be taxed as | 3391 |
|
costs in the case or may be required to be prepaid by the party | 3392 |
|
demanding the record, upon order of the court. | 3393 |
| (F) The clerk of a municipal court shall receive, collect, | 3394 |
|
and issue receipts for all costs, fees, fines, bail, and other | 3395 |
|
moneys payable to the office or to any officer of the court. The | 3396 |
|
clerk
shall each month disburse to the proper persons or officers, | 3397 |
|
and
take receipts for, all costs, fees, fines, bail, and other | 3398 |
|
moneys
that the clerk collects. Subject to sections 3375.50 and | 3399 |
|
4511.193
of
the Revised Code and to any other section of the | 3400 |
|
Revised Code
that requires a specific manner of disbursement of | 3401 |
|
any moneys
received by a municipal court and except for the | 3402 |
|
Hamilton county,
Lawrence county, and Ottawa county municipal | 3403 |
|
courts, the clerk shall pay all
fines received for violation of | 3404 |
|
municipal ordinances into the
treasury of the municipal | 3405 |
|
corporation the ordinance of which was
violated and shall pay all | 3406 |
|
fines received for violation of
township resolutions adopted | 3407 |
|
pursuant to Chapter 504. of the
Revised Code into the treasury of | 3408 |
|
the township the resolution of
which was violated. Subject to | 3409 |
|
sections 1901.024 and 4511.193 of
the Revised Code, in the | 3410 |
|
Hamilton county, Lawrence county, and Ottawa county
municipal | 3411 |
|
courts, the clerk shall pay fifty per cent of the fines
received | 3412 |
|
for violation of municipal ordinances and fifty per cent
of the | 3413 |
|
fines received for violation of township resolutions
adopted | 3414 |
|
pursuant to Chapter 504. of the Revised Code into the
treasury of | 3415 |
|
the county. Subject to sections 3375.50, 3375.53,
4511.19, and | 3416 |
|
5503.04 of the Revised Code and to any other section
of the | 3417 |
|
Revised Code that requires a specific manner of
disbursement of | 3418 |
|
any moneys received by a municipal court, the
clerk shall pay all | 3419 |
|
fines collected for the violation of state
laws into the county | 3420 |
|
treasury. Except in a county-operated
municipal court, the clerk | 3421 |
|
shall pay all costs and fees the
disbursement of which is not | 3422 |
|
otherwise provided for in the
Revised
Code into the city treasury. | 3423 |
|
The clerk of a
county-operated
municipal court shall pay the costs | 3424 |
|
and fees the
disbursement of
which is not otherwise provided for | 3425 |
|
in the
Revised Code into the
county treasury. Moneys deposited as | 3426 |
|
security for costs shall be
retained pending the litigation. The | 3427 |
|
clerk shall keep a separate
account of all receipts and | 3428 |
|
disbursements in civil and criminal
cases, which shall be a | 3429 |
|
permanent public record of the office. On
the expiration of the | 3430 |
|
term of the clerk, the clerk shall deliver
the records to the | 3431 |
|
clerk's
successor. The clerk shall have other
powers and duties | 3432 |
|
as are prescribed by
rule or order of the court. | 3433 |
| On the first Monday in January of each year, the clerk
shall | 3442 |
|
make a list of the titles of all cases in the court that
were | 3443 |
|
finally determined more than one year past in which there
remains | 3444 |
|
unclaimed in the possession of the clerk any funds, or
any part of | 3445 |
|
a deposit for security of costs not consumed by the
costs in the | 3446 |
|
case. The clerk shall give notice of the moneys to
the parties | 3447 |
|
who are entitled to the moneys or to their attorneys
of record. | 3448 |
|
All the moneys remaining unclaimed on the first day
of April of | 3449 |
|
each year shall be paid by the clerk to the city
treasurer, except | 3450 |
|
that, in a county-operated municipal court, the
moneys shall be | 3451 |
|
paid to the treasurer of the county in which the
court is located. | 3452 |
|
The treasurer shall pay any part of the
moneys at any time to the | 3453 |
|
person who has the right to the
moneys upon proper certification | 3454 |
|
of the clerk. | 3455 |
| (H) Deputy clerks may be appointed by the clerk and shall | 3456 |
|
receive the compensation, payable in semimonthly installments out | 3457 |
|
of the city treasury, that the clerk may prescribe, except that | 3458 |
|
the compensation of any deputy clerk of a county-operated | 3459 |
|
municipal court shall be paid out of the treasury of the county
in | 3460 |
|
which the court is located. Each deputy clerk shall take an
oath | 3461 |
|
of office before entering upon the duties of the deputy clerk's | 3462 |
|
office
and, when so qualified, may perform the duties appertaining | 3463 |
|
to the
office of the clerk. The clerk may require any of the | 3464 |
|
deputy
clerks to give bond of not less than three thousand | 3465 |
|
dollars,
conditioned for the faithful performance of the deputy | 3466 |
|
clerk's duties. | 3467 |
| Sec. 1905.01. (A) In
Georgetown in Brown county, in Mount | 3480 |
|
Gilead in Morrow county, and in all
other municipal corporations, | 3481 |
|
other than
Batavia in Clermont county, not being
the site of a | 3482 |
|
municipal
court nor a place where a judge of the
Auglaize county, | 3483 |
|
Crawford
county, Jackson county, Miami county,
Portage county, or | 3484 |
|
Wayne
county municipal court sits as required
pursuant to section | 3485 |
|
1901.021 of the Revised Code or by
designation of the judges | 3486 |
|
pursuant to section 1901.021 of the
Revised Code, the mayor of the | 3487 |
|
municipal corporation has
jurisdiction, except as provided in | 3488 |
|
divisions (B),
(C), and (E) of this
section and subject to the | 3489 |
|
limitation contained in section
1905.03 and the limitation | 3490 |
|
contained in section 1905.031 of the
Revised Code, to hear and | 3491 |
|
determine any prosecution for the
violation of an ordinance of the | 3492 |
|
municipal corporation, to hear
and determine any case involving a | 3493 |
|
violation of a vehicle parking
or standing ordinance of the | 3494 |
|
municipal corporation unless the
violation is required to be | 3495 |
|
handled by a parking violations
bureau or joint parking violations | 3496 |
|
bureau pursuant to Chapter
4521. of the Revised Code, and to hear | 3497 |
|
and determine all criminal
causes involving any moving traffic | 3498 |
|
violation occurring on a
state highway located within the | 3499 |
|
boundaries of the municipal
corporation, subject to the | 3500 |
|
limitations of sections 2937.08 and
2938.04 of the Revised Code. | 3501 |
| (B)(1) In
Georgetown in Brown county, in Mount Gilead in | 3502 |
|
Morrow county, and in all
other municipal corporations, other than | 3503 |
|
Batavia
in
Clermont county, not being the site of
a municipal | 3504 |
|
court nor a
place where a judge of a court listed in
division (A) | 3505 |
|
of this
section sits as required pursuant to section
1901.021 of | 3506 |
|
the
Revised Code or by designation of the judges
pursuant to | 3507 |
|
section
1901.021 of the Revised Code, the mayor of
the municipal | 3508 |
|
corporation has jurisdiction, subject to the
limitation contained | 3509 |
|
in section 1905.03 of the Revised Code, to
hear and determine | 3510 |
|
prosecutions involving a violation of an
ordinance of the | 3511 |
|
municipal corporation relating to operating a
vehicle while under | 3512 |
|
the influence of alcohol, a drug of abuse, or
a
combination of | 3513 |
|
them or relating to operating a vehicle
with a prohibited | 3514 |
|
concentration of alcohol in the
whole blood,
blood serum or | 3515 |
|
plasma, breath,
or urine, and to
hear and determine
criminal | 3516 |
|
causes involving a
violation of
section 4511.19 of the
Revised | 3517 |
|
Code that occur on a
state highway
located within the
boundaries | 3518 |
|
of the municipal
corporation,
subject to the
limitations of | 3519 |
|
sections 2937.08 and
2938.04 of the
Revised Code,
only if the | 3520 |
|
person charged with the
violation,
within six years of
the date of | 3521 |
|
the violation
charged, has not
been convicted of or
pleaded guilty | 3522 |
|
to any of
the following: | 3523 |
| If the mayor of a municipal corporation, in hearing a | 3557 |
|
prosecution involving a violation of an ordinance of the
municipal | 3558 |
|
corporation the mayor serves relating to operating
a vehicle while | 3559 |
|
under the influence of alcohol, a drug of abuse, or
a
| 3560 |
|
combination of them or relating to operating a
vehicle with a | 3561 |
|
prohibited
concentration of alcohol in the
whole
blood,
blood | 3562 |
|
serum or plasma, breath, or
urine, or in
hearing a
criminal cause | 3563 |
|
involving a violation of
section 4511.19
of the
Revised Code, | 3564 |
|
determines that the person
charged, within
six years
of the | 3565 |
|
violation charged, has
been
convicted of or
pleaded guilty
to any | 3566 |
|
violation listed in
division (B)(1)(a), (b),
(c), or (d) of
this | 3567 |
|
section, the mayor
immediately shall transfer
the case to the | 3568 |
|
county court or
municipal court with jurisdiction
over the | 3569 |
|
violation charged, in
accordance with section 1905.032 of
the | 3570 |
|
Revised Code. | 3571 |
| (C)(1) In
Georgetown in Brown county, in Mount Gilead in | 3572 |
|
Morrow county, and in all
other municipal corporations, other than | 3573 |
|
Batavia
in
Clermont county, not being the site of
a municipal | 3574 |
|
court and not
being a place where a judge of a court
listed in | 3575 |
|
division (A) of
this section sits as required pursuant
to section | 3576 |
|
1901.021 of the
Revised Code or by designation of the
judges | 3577 |
|
pursuant to section
1901.021 of the Revised Code, the
mayor of the | 3578 |
|
municipal
corporation, subject to sections 1901.031,
2937.08, and | 3579 |
|
2938.04 of
the Revised Code, has jurisdiction to
hear and | 3580 |
|
determine
prosecutions involving a violation of a
municipal | 3581 |
|
ordinance that
is substantially equivalent to division
(A)
of | 3582 |
|
section 4510.14 or
section
4510.16 of the Revised Code and
to | 3583 |
|
hear and determine
criminal causes that involve a moving
traffic | 3584 |
|
violation, that
involve a violation of division
(A)
of section | 3585 |
|
4510.14 or section
4510.16 of the
Revised Code, and that occur on | 3586 |
|
a state
highway
located within the
boundaries of the municipal | 3587 |
|
corporation only if
all of the
following apply regarding the | 3588 |
|
violation and the person
charged: | 3589 |
| (2) The mayor of a municipal corporation does not have | 3628 |
|
jurisdiction to hear and determine any prosecution or criminal | 3629 |
|
cause involving a violation described in division (C)(1)(a)(i) or | 3630 |
|
(ii) of this section if the person charged with the violation, | 3631 |
|
within
six years of the violation charged, has been convicted
of | 3632 |
|
or pleaded guilty to any violation listed in division | 3633 |
|
(C)(1)(a)(i), (ii), or (iii) of this section and does not have | 3634 |
|
jurisdiction to hear and determine any prosecution or criminal | 3635 |
|
cause involving a violation described in division (C)(1)(b)(i) or | 3636 |
|
(ii) of this section if the person charged with the violation, | 3637 |
|
within
six years of the violation charged, has been convicted
of | 3638 |
|
or pleaded guilty to any violation listed in division | 3639 |
|
(C)(1)(b)(i), (ii), or (iii) of this section. | 3640 |
| (D) If the mayor of a municipal corporation has
jurisdiction | 3651 |
|
pursuant to division (B)(1) of this section to hear
and determine | 3652 |
|
a prosecution or criminal cause involving a
violation described in | 3653 |
|
division (B)(1)(a) or (b) of this section,
the authority of the | 3654 |
|
mayor to hear or determine the prosecution
or cause is subject to | 3655 |
|
the limitation contained in division (C)
of section 1905.03 of the | 3656 |
|
Revised Code. If the mayor of a
municipal corporation has | 3657 |
|
jurisdiction pursuant to division (A)
or (C) of this section to | 3658 |
|
hear and determine a prosecution or
criminal cause involving a | 3659 |
|
violation other than a violation
described in division (B)(1)(a) | 3660 |
|
or (b) of this section, the
authority of the mayor to hear or | 3661 |
|
determine the prosecution or
cause is subject to the limitation | 3662 |
|
contained in division
(C) of section 1905.031 of the Revised Code. | 3663 |
| (2) All causes, executions, and other proceedings pending in | 3696 |
|
the Brown County County Court at the close of business on
February | 3697 |
|
8, 2003, shall be transferred to and proceed in the
Brown County | 3698 |
|
Municipal Court on February 9, 2003, as if originally
instituted | 3699 |
|
in the Brown County Municipal Court. Parties to those
causes, | 3700 |
|
judgments, executions, and proceedings may make any
amendments to | 3701 |
|
their pleadings that are required to conform them to
the rules of | 3702 |
|
the Brown County Municipal Court. The Clerk of the
Brown County | 3703 |
|
County Court or other custodian shall transfer to
the Brown County | 3704 |
|
Municipal Court all pleadings, orders, entries,
dockets, bonds, | 3705 |
|
papers, records, books, exhibits, files, moneys,
property, and | 3706 |
|
persons that belong to, are in the possession of, or
are subject | 3707 |
|
to the jurisdiction of the Brown County County Court,
or any | 3708 |
|
officer of that court, at the close of business on February 8, | 3709 |
|
2003, and that pertain to those causes, judgments, executions,
and | 3710 |
|
proceedings. | 3711 |
| (2) All causes, executions, and other proceedings pending in | 3725 |
|
the Morrow County County Court at the close of business on | 3726 |
|
December 31, 2002, shall be transferred to and proceed in the | 3727 |
|
Morrow County Municipal Court on January 1, 2003, as if originally | 3728 |
|
instituted in the Morrow County Municipal Court. Parties to those | 3729 |
|
causes, judgments, executions, and proceedings may make any | 3730 |
|
amendments to their pleadings that are required to conform them to | 3731 |
|
the rules of the Morrow County Municipal Court. The Clerk of the | 3732 |
|
Morrow County County Court or other custodian shall transfer to | 3733 |
|
the Morrow County Municipal Court all pleadings, orders, entries, | 3734 |
|
dockets, bonds, papers, records, books, exhibits, files, moneys, | 3735 |
|
property, and persons that belong to, are in the possession of, or | 3736 |
|
are subject to the jurisdiction of the Morrow County County Court, | 3737 |
|
or any officer of that court, at the close of business on December | 3738 |
|
31, 2002, and that pertain to those causes, judgments, executions, | 3739 |
|
and proceedings. | 3740 |