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| To amend sections 1901.01, 1901.02, 1901.027, 1901.03, | 1 |
| 1901.04, 1901.08, 1901.31, 1901.34, 1905.01, | 2 |
| 1907.011, 1907.11, 2313.13, and 2313.24 of the | 3 |
| Revised Code to modify the small county exception | 4 |
| to the drawing, summoning, and service of jurors | 5 |
| for a term or part of a term of a court of common | 6 |
| pleas; to create the Brown County Municipal Court | 7 |
| in Georgetown on February 9, 2003, establish one | 8 |
| full-time judgeship in that court, abolish the | 9 |
| Brown County County Court on that date, designate | 10 |
| one of the part-time judges of the Brown County | 11 |
| County Court to continue after that court is | 12 |
| abolished as the full-time judge of the Brown | 13 |
| County Municipal Court from February 9, 2003, until | 14 |
| December 31, 2005, and continue the authority of | 15 |
| the mayor of Georgetown to conduct a mayor's court; | 16 |
| to create the Morrow County Municipal Court in | 17 |
| Mount Gilead on January 1, 2003, establish one | 18 |
| full-time judgeship in that court, abolish the | 19 |
| Morrow County County Court on that date, designate | 20 |
| the part-time judge of the Morrow County County | 21 |
| Court to continue after that court is abolished as | 22 |
| the full-time judge of the Morrow County Municipal | 23 |
| Court from January 1, 2003, until December 31, | 24 |
| 2005, and continue the authority of the mayor of | 25 |
| Mount Gilead to conduct a mayor's court; to amend | 26 |
| the versions of sections 1901.31 and 1905.01 of the | 27 |
| Revised Code that are scheduled to take effect on | 28 |
| January 1, 2004, to continue the provisions of this | 29 |
| act on and after that effective date; and to | 30 |
| declare an emergency. | 31 |
| Section 1. That sections 1901.01, 1901.02, 1901.027, 1901.03, | 32 |
| 1901.04, 1901.08, 1901.31, 1901.34, 1905.01, 1907.011, 1907.11, | 33 |
| 2313.13, and 2313.24 of the Revised Code be amended to read as | 34 |
| follows: | 35 |
| Sec. 1901.01. (A) There is hereby established a municipal | 36 |
| court in each of the following municipal corporations: | 37 |
| Akron, Alliance, Ashland, Ashtabula, Athens, Avon Lake, | 38 |
| Barberton, Bedford, Bellefontaine, Bellevue, Berea, Bowling Green, | 39 |
| Bryan, Bucyrus, Cambridge, Campbell, Canton, Celina, Chardon, | 40 |
| Chesapeake, Chillicothe, Cincinnati, Circleville, Cleveland, | 41 |
| Cleveland Heights, Columbus, Conneaut, Coshocton, Cuyahoga Falls, | 42 |
| Dayton, Defiance, Delaware, East Cleveland, East Liverpool, Eaton, | 43 |
| Elyria, Euclid, Fairborn, Fairfield, Findlay, Fostoria, Franklin, | 44 |
| Fremont, Gallipolis, Garfield Heights, Georgetown, Girard, | 45 |
| Hamilton, Hillsboro, Huron, Ironton, Jackson, Kenton, Kettering, | 46 |
| Lakewood, Lancaster, Lebanon, Lima, Logan, London, Lorain, | 47 |
| Lyndhurst, Mansfield, Marietta, Marion, Marysville, Mason, | 48 |
| Massillon, Maumee, Medina, Mentor, Miamisburg, Middletown, Mount | 49 |
| Gilead, Mount Vernon, Napoleon, Newark, New Philadelphia, Newton | 50 |
| Falls, Niles, Norwalk, Oakwood, Oberlin, Oregon, Painesville, | 51 |
| Parma, Perrysburg, Port Clinton, Portsmouth, Ravenna, Rocky River, | 52 |
| Sandusky, Shaker Heights, Shelby, Sidney, South Euclid, | 53 |
| Springfield, Steubenville, Struthers, Sylvania, Tiffin, Toledo, | 54 |
| Troy, Upper Sandusky, Urbana, Vandalia, Van Wert, Vermilion, | 55 |
| Wadsworth, Wapakoneta, Warren, City of Washington in Fayette | 56 |
| county, to be known as Washington Court House, Willoughby, | 57 |
| Wilmington, Wooster, Xenia, Youngstown, and Zanesville. | 58 |
| (B) There is hereby established a municipal court within | 59 |
| Clermont county in Batavia or in any other municipal corporation | 60 |
| or unincorporated territory within Clermont county that is | 61 |
| selected by the legislative authority of the Clermont county | 62 |
| municipal court. The municipal court established by this division | 63 |
| is a continuation of the municipal court previously established in | 64 |
| Batavia by this section before the enactment of this division. | 65 |
| (C) There is hereby established a municipal court within | 66 |
| Columbiana County in Lisbon or in any other municipal corporation | 67 |
| or unincorporated territory within Columbiana county, except the | 68 |
| municipal corporation of East Liverpool or Liverpool or St. Clair | 69 |
| township, that is selected by the judges of the municipal court | 70 |
| pursuant to division (I) of section 1901.021 of the Revised Code. | 71 |
| Sec. 1901.02. (A) The municipal courts established by | 72 |
| section 1901.01 of the Revised Code have jurisdiction within the | 73 |
| corporate limits of their respective municipal corporations, or, | 74 |
| for the Clermont county municipal court, within the municipal | 75 |
| corporation or unincorporated territory in which it is | 76 |
| established, and are courts of record. Each of the courts shall | 77 |
| be styled ".................................. municipal court," | 78 |
| inserting the name of the municipal corporation, except the | 79 |
| following courts, which shall be styled as set forth below: | 80 |
| (1) The municipal court established in Chesapeake that shall | 81 |
| be styled and known as the "Lawrence county municipal court"; | 82 |
| (2) The municipal court established in Cincinnati that shall | 83 |
| be styled and known as the "Hamilton county municipal court"; | 84 |
| (3) The municipal court established in Ravenna that shall be | 85 |
| styled and known as the "Portage county municipal court"; | 86 |
| (4) The municipal court established in Athens that shall be | 87 |
| styled and known as the "Athens county municipal court"; | 88 |
| (5) The municipal court established in Columbus that shall | 89 |
| be styled and known as the "Franklin county municipal court"; | 90 |
| (6) The municipal court established in London that shall be | 91 |
| styled and known as the "Madison county municipal court"; | 92 |
| (7) The municipal court established in Newark that shall be | 93 |
| styled and known as the "Licking county municipal court"; | 94 |
| (8) The municipal court established in Wooster that shall be | 95 |
| styled and known as the "Wayne county municipal court"; | 96 |
| (9) The municipal court established in Wapakoneta that shall | 97 |
| be styled and known as the "Auglaize county municipal court"; | 98 |
| (10) The municipal court established in Troy that shall be | 99 |
| styled and known as the "Miami county municipal court"; | 100 |
| (11) The municipal court established in Bucyrus that shall | 101 |
| be styled and known as the "Crawford county municipal court"; | 102 |
| (12) The municipal court established in Logan that shall be | 103 |
| styled and known as the "Hocking county municipal court"; | 104 |
| (13) The municipal court established in Urbana that shall be | 105 |
| styled and known as the "Champaign county municipal court"; | 106 |
| (14) The municipal court established in Jackson that shall | 107 |
| be styled and known as the "Jackson county municipal court"; | 108 |
| (15) The municipal court established in Springfield that | 109 |
| shall be styled and known as the "Clark county municipal court"; | 110 |
| (16) The municipal court established in Kenton that shall be | 111 |
| styled and known as the "Hardin county municipal court"; | 112 |
| (17) The municipal court established within Clermont county | 113 |
| in Batavia or in any other municipal corporation or unincorporated | 114 |
| territory within Clermont county that is selected by the | 115 |
| legislative authority of that court that shall be styled and known | 116 |
| as the "Clermont county municipal court"; | 117 |
| (18) The municipal court established in Wilmington that, | 118 |
| beginning July 1, 1992, shall be styled and known as the "Clinton | 119 |
| county municipal court"; | 120 |
| (19) The municipal court established in Port Clinton that | 121 |
| shall be styled and known as "the Ottawa county municipal court"; | 122 |
| (20) The municipal court established in Lancaster that, | 123 |
| beginning January 2, 2000, shall be styled and known as the | 124 |
| "Fairfield county municipal court"; | 125 |
| (21) The municipal court established within Columbiana | 126 |
| county in Lisbon or in any other municipal corporation or | 127 |
| unincorporated territory selected pursuant to division (I) of | 128 |
| section 1901.021 of the Revised Code, that shall be styled and | 129 |
| known as the "Columbiana county municipal court"; | 130 |
| (22) The municipal court established in Georgetown that, | 131 |
| beginning February 9, 2003, shall be styled and known as the | 132 |
| "Brown county municipal court"; | 133 |
| (23) The municipal court established in Mount Gilead that, | 134 |
| beginning January 1, 2003, shall be styled and known as the | 135 |
| "Morrow county municipal court." | 136 |
| (B) In addition to the jurisdiction set forth in division | 137 |
| (A) of this section, the municipal courts established by section | 138 |
| 1901.01 of the Revised Code have jurisdiction as follows: | 139 |
| The Akron municipal court has jurisdiction within Bath, | 140 |
| Northampton, Richfield, and Springfield townships, and within the | 141 |
| municipal corporations of Fairlawn, Lakemore, and Mogadore, in | 142 |
| Summit county. | 143 |
| The Alliance municipal court has jurisdiction within | 144 |
| Lexington, Marlboro, Paris, and Washington townships in Stark | 145 |
| county. | 146 |
| The Ashland municipal court has jurisdiction within Ashland | 147 |
| county. | 148 |
| The Ashtabula municipal court has jurisdiction within | 149 |
| Ashtabula, Plymouth, and Saybrook townships in Ashtabula county. | 150 |
| The Athens county municipal court has jurisdiction within | 151 |
| Athens county. | 152 |
| The Auglaize county municipal court has jurisdiction within | 153 |
| Auglaize county. | 154 |
| The Avon Lake municipal court has jurisdiction within the | 155 |
| municipal corporations of Avon and Sheffield in Lorain county. | 156 |
| The Barberton municipal court has jurisdiction within | 157 |
| Coventry, Franklin, and Green townships, within all of Copley | 158 |
| township except within the municipal corporation of Fairlawn, and | 159 |
| within the municipal corporations of Clinton and Norton, in Summit | 160 |
| county. | 161 |
| The Bedford municipal court has jurisdiction within the | 162 |
| municipal corporations of Bedford Heights, Oakwood, Glenwillow, | 163 |
| Solon, Bentleyville, Chagrin Falls, Moreland Hills, Orange, | 164 |
| Warrensville Heights, North Randall, and Woodmere, and within | 165 |
| Warrensville and Chagrin Falls townships, in Cuyahoga county. | 166 |
| The Bellefontaine municipal court has jurisdiction within | 167 |
| Logan county. | 168 |
| The Bellevue municipal court has jurisdiction within Lyme and | 169 |
| Sherman townships in Huron county and within York township in | 170 |
| Sandusky county. | 171 |
| The Berea municipal court has jurisdiction within the | 172 |
| municipal corporations of Strongsville, Middleburgh Heights, Brook | 173 |
| Park, Westview, and Olmsted Falls, and within Olmsted township, in | 174 |
| Cuyahoga county. | 175 |
| The Bowling Green municipal court has jurisdiction within the | 176 |
| municipal corporations of Bairdstown, Bloomdale, Bradner, Custar, | 177 |
| Cygnet, Grand Rapids, Haskins, Hoytville, Jerry City, Milton | 178 |
| Center, North Baltimore, Pemberville, Portage, Rising Sun, | 179 |
| Tontogany, Wayne, and Weston, and within Bloom, Center, Freedom, | 180 |
| Grand Rapids, Henry, Jackson, Liberty, Middleton, Milton, | 181 |
| Montgomery, Plain, Portage, Washington, Webster, and Weston | 182 |
| townships in Wood county. | 183 |
| Beginning February 9, 2003, the Brown county municipal court | 184 |
| has jurisdiction within Brown county. | 185 |
| The Bryan municipal court has jurisdiction within Williams | 186 |
| county. | 187 |
| The Cambridge municipal court has jurisdiction within | 188 |
| Guernsey county. | 189 |
| The Campbell municipal court has jurisdiction within | 190 |
| Coitsville township in Mahoning county. | 191 |
| The Canton municipal court has jurisdiction within Canton, | 192 |
| Lake, Nimishillen, Osnaburg, Pike, Plain, and Sandy townships in | 193 |
| Stark county. | 194 |
| The Celina municipal court has jurisdiction within Mercer | 195 |
| county. | 196 |
| The Champaign county municipal court has jurisdiction within | 197 |
| Champaign county. | 198 |
| The Chardon municipal court has jurisdiction within Geauga | 199 |
| county. | 200 |
| The Chillicothe municipal court has jurisdiction within Ross | 201 |
| county. | 202 |
| The Circleville municipal court has jurisdiction within | 203 |
| Pickaway county. | 204 |
| The Clark county municipal court has jurisdiction within | 205 |
| Clark county. | 206 |
| The Clermont county municipal court has jurisdiction within | 207 |
| Clermont county. | 208 |
| The Cleveland municipal court has jurisdiction within the | 209 |
| municipal corporation of Bratenahl in Cuyahoga county. | 210 |
| Beginning July 1, 1992, the Clinton county municipal court | 211 |
| has jurisdiction within Clinton county. | 212 |
| The Columbiana county municipal court has jurisdiction within | 213 |
| all of Columbiana county except within the municipal corporation | 214 |
| of East Liverpool and except within Liverpool and St. Clair | 215 |
| townships. | 216 |
| The Coshocton municipal court has jurisdiction within | 217 |
| Coshocton county. | 218 |
| The Crawford county municipal court has jurisdiction within | 219 |
| Crawford county. | 220 |
| The Cuyahoga Falls municipal court has jurisdiction within | 221 |
| Boston, Hudson, Northfield Center, Sagamore Hills, and Twinsburg | 222 |
| townships, and within the municipal corporations of Boston | 223 |
| Heights, Hudson, Munroe Falls, Northfield, Peninsula, | 224 |
| Reminderville, Silver Lake, Stow, Tallmadge, Twinsburg, and | 225 |
| Macedonia, in Summit county. | 226 |
| The Defiance municipal court has jurisdiction within Defiance | 227 |
| county. | 228 |
| The Delaware municipal court has jurisdiction within Delaware | 229 |
| county. | 230 |
| The East Liverpool municipal court has jurisdiction within | 231 |
| Liverpool and St. Clair townships in Columbiana county. | 232 |
| The Eaton municipal court has jurisdiction within Preble | 233 |
| county. | 234 |
| The Elyria municipal court has jurisdiction within the | 235 |
| municipal corporations of Grafton, LaGrange, and North Ridgeville, | 236 |
| and within Elyria, Carlisle, Eaton, Columbia, Grafton, and | 237 |
| LaGrange townships, in Lorain county. | 238 |
| The Fairborn municipal court has jurisdiction within the | 239 |
| municipal corporation of Beavercreek and within Bath and | 240 |
| Beavercreek townships in Greene county. | 241 |
| Beginning January 2, 2000, the Fairfield county municipal | 242 |
| court has jurisdiction within Fairfield county. | 243 |
| The Findlay municipal court has jurisdiction within all of | 244 |
| Hancock county except within Washington township. | 245 |
| The Fostoria municipal court has jurisdiction within Loudon | 246 |
| and Jackson townships in Seneca county, within Washington township | 247 |
| in Hancock county, and within Perry township in Wood county. | 248 |
| The Franklin municipal court has jurisdiction within Franklin | 249 |
| township in Warren county. | 250 |
| The Franklin county municipal court has jurisdiction within | 251 |
| Franklin county. | 252 |
| The Fremont municipal court has jurisdiction within Ballville | 253 |
| and Sandusky townships in Sandusky county. | 254 |
| The Gallipolis municipal court has jurisdiction within Gallia | 255 |
| county. | 256 |
| The Garfield Heights municipal court has jurisdiction within | 257 |
| the municipal corporations of Maple Heights, Walton Hills, Valley | 258 |
| View, Cuyahoga Heights, Newburgh Heights, Independence, and | 259 |
| Brecksville in Cuyahoga county. | 260 |
| The Girard municipal court has jurisdiction within Liberty, | 261 |
| Vienna, and Hubbard townships in Trumbull county. | 262 |
| The Hamilton municipal court has jurisdiction within Ross and | 263 |
| St. Clair townships in Butler county. | 264 |
| The Hamilton county municipal court has jurisdiction within | 265 |
| Hamilton county. | 266 |
| The Hardin county municipal court has jurisdiction within | 267 |
| Hardin county. | 268 |
| The Hillsboro municipal court has jurisdiction within all of | 269 |
| Highland county except within Madison township. | 270 |
| The Hocking county municipal court has jurisdiction within | 271 |
| Hocking county. | 272 |
| The Huron municipal court has jurisdiction within all of | 273 |
| Huron township in Erie county except within the municipal | 274 |
| corporation of Sandusky. | 275 |
| The Ironton municipal court has jurisdiction within Aid, | 276 |
| Decatur, Elizabeth, Hamilton, Lawrence, Upper, and Washington | 277 |
| townships in Lawrence county. | 278 |
| The Jackson county municipal court has jurisdiction within | 279 |
| Jackson county. | 280 |
| The Kettering municipal court has jurisdiction within the | 281 |
| municipal corporations of Centerville and Moraine, and within | 282 |
| Washington township, in Montgomery county. | 283 |
| Until January 2, 2000, the Lancaster municipal court has | 284 |
| jurisdiction within Fairfield county. | 285 |
| The Lawrence county municipal court has jurisdiction within | 286 |
| the townships of Fayette, Mason, Perry, Rome, Symmes, Union, and | 287 |
| Windsor in Lawrence county. | 288 |
| The Lebanon municipal court has jurisdiction within | 289 |
| Turtlecreek township in Warren county. | 290 |
| The Licking county municipal court has jurisdiction within | 291 |
| Licking county. | 292 |
| The Lima municipal court has jurisdiction within Allen | 293 |
| county. | 294 |
| The Lorain municipal court has jurisdiction within the | 295 |
| municipal corporation of Sheffield Lake, and within Sheffield | 296 |
| township, in Lorain county. | 297 |
| The Lyndhurst municipal court has jurisdiction within the | 298 |
| municipal corporations of Mayfield Heights, Gates Mills, Mayfield, | 299 |
| Highland Heights, and Richmond Heights in Cuyahoga county. | 300 |
| The Madison county municipal court has jurisdiction within | 301 |
| Madison county. | 302 |
| The Mansfield municipal court has jurisdiction within | 303 |
| Madison, Springfield, Sandusky, Franklin, Weller, Mifflin, Troy, | 304 |
| Washington, Monroe, Perry, Jefferson, and Worthington townships, | 305 |
| and within sections 35-36-31 and 32 of Butler township, in | 306 |
| Richland county. | 307 |
| The Marietta municipal court has jurisdiction within | 308 |
| Washington county. | 309 |
| The Marion municipal court has jurisdiction within Marion | 310 |
| county. | 311 |
| The Marysville municipal court has jurisdiction within Union | 312 |
| county. | 313 |
| The Mason municipal court has jurisdiction within Deerfield | 314 |
| township in Warren county. | 315 |
| The Massillon municipal court has jurisdiction within | 316 |
| Bethlehem, Perry, Sugar Creek, Tuscarawas, Lawrence, and Jackson | 317 |
| townships in Stark county. | 318 |
| The Maumee municipal court has jurisdiction within the | 319 |
| municipal corporations of Waterville and Whitehouse, within | 320 |
| Waterville and Providence townships, and within those portions of | 321 |
| Springfield, Monclova, and Swanton townships lying south of the | 322 |
| northerly boundary line of the Ohio turnpike, in Lucas county. | 323 |
| The Medina municipal court has jurisdiction within the | 324 |
| municipal corporations of Briarwood Beach, Brunswick, | 325 |
| Chippewa-on-the-Lake, and Spencer and within the townships of | 326 |
| Brunswick Hills, Chatham, Granger, Hinckley, Lafayette, | 327 |
| Litchfield, Liverpool, Medina, Montville, Spencer, and York | 328 |
| townships, in Medina county. | 329 |
| The Mentor municipal court has jurisdiction within the | 330 |
| municipal corporation of Mentor-on-the-Lake in Lake county. | 331 |
| The Miami county municipal court has jurisdiction within | 332 |
| Miami county and within the part of the municipal corporation of | 333 |
| Bradford that is located in Darke county. | 334 |
| The Miamisburg municipal court has jurisdiction within the | 335 |
| municipal corporations of Germantown and West Carrollton, and | 336 |
| within German and Miami townships in Montgomery county. | 337 |
| The Middletown municipal court has jurisdiction within | 338 |
| Madison township, and within all of Lemon township, except within | 339 |
| the municipal corporation of Monroe, in Butler county. | 340 |
| Beginning January 1, 2003, the Morrow county municipal court | 341 |
| has jurisdiction within Morrow county. | 342 |
| The Mount Vernon municipal court has jurisdiction within Knox | 343 |
| county. | 344 |
| The Napoleon municipal court has jurisdiction within Henry | 345 |
| county. | 346 |
| The New Philadelphia municipal court has jurisdiction within | 347 |
| the municipal corporation of Dover, and within Auburn, Bucks, | 348 |
| Fairfield, Goshen, Jefferson, Warren, York, Dover, Franklin, | 349 |
| Lawrence, Sandy, Sugarcreek, and Wayne townships in Tuscarawas | 350 |
| county. | 351 |
| The Newton Falls municipal court has jurisdiction within | 352 |
| Bristol, Bloomfield, Lordstown, Newton, Braceville, Southington, | 353 |
| Farmington, and Mesopotamia townships in Trumbull county. | 354 |
| The Niles municipal court has jurisdiction within the | 355 |
| municipal corporation of McDonald, and within Weathersfield | 356 |
| township in Trumbull county. | 357 |
| The Norwalk municipal court has jurisdiction within all of | 358 |
| Huron county except within the municipal corporation of Bellevue | 359 |
| and except within Lyme and Sherman townships. | 360 |
| The Oberlin municipal court has jurisdiction within the | 361 |
| municipal corporations of Amherst, Kipton, Rochester, South | 362 |
| Amherst, and Wellington, and within Henrietta, Russia, Camden, | 363 |
| Pittsfield, Brighton, Wellington, Penfield, Rochester, and | 364 |
| Huntington townships, and within all of Amherst township except | 365 |
| within the municipal corporation of Lorain, in Lorain county. | 366 |
| The Oregon municipal court has jurisdiction within the | 367 |
| municipal corporation of Harbor View, and within Jerusalem | 368 |
| township, in Lucas county, and north within Maumee Bay and Lake | 369 |
| Erie to the boundary line between Ohio and Michigan between the | 370 |
| easterly boundary of the court and the easterly boundary of the | 371 |
| Toledo municipal court. | 372 |
| The Ottawa county municipal court has jurisdiction within | 373 |
| Ottawa county. | 374 |
| The Painesville municipal court has jurisdiction within | 375 |
| Painesville, Perry, Leroy, Concord, and Madison townships in Lake | 376 |
| county. | 377 |
| The Parma municipal court has jurisdiction within the | 378 |
| municipal corporations of Parma Heights, Brooklyn, Linndale, North | 379 |
| Royalton, Broadview Heights, Seven Hills, and Brooklyn Heights in | 380 |
| Cuyahoga county. | 381 |
| The Perrysburg municipal court has jurisdiction within the | 382 |
| municipal corporations of Luckey, Millbury, Northwood, Rossford, | 383 |
| and Walbridge, and within Perrysburg, Lake, and Troy townships, in | 384 |
| Wood county. | 385 |
| The Portage county municipal court has jurisdiction within | 386 |
| Portage county. | 387 |
| The Portsmouth municipal court has jurisdiction within Scioto | 388 |
| county. | 389 |
| The Rocky River municipal court has jurisdiction within the | 390 |
| municipal corporations of Bay Village, Westlake, Fairview Park, | 391 |
| and North Olmsted, and within Riveredge township, in Cuyahoga | 392 |
| county. | 393 |
| The Sandusky municipal court has jurisdiction within the | 394 |
| municipal corporations of Castalia and Bay View, and within | 395 |
| Perkins township, in Erie county. | 396 |
| The Shaker Heights municipal court has jurisdiction within | 397 |
| the municipal corporations of University Heights, Beachwood, | 398 |
| Pepper Pike, and Hunting Valley in Cuyahoga county. | 399 |
| The Shelby municipal court has jurisdiction within Sharon, | 400 |
| Jackson, Cass, Plymouth, and Blooming Grove townships, and within | 401 |
| all of Butler township except sections 35-36-31 and 32, in | 402 |
| Richland county. | 403 |
| The Sidney municipal court has jurisdiction within Shelby | 404 |
| county. | 405 |
| The Struthers municipal court has jurisdiction within the | 406 |
| municipal corporations of Lowellville, New Middleton, and Poland, | 407 |
| and within Poland and Springfield townships in Mahoning county. | 408 |
| The Sylvania municipal court has jurisdiction within the | 409 |
| municipal corporations of Berkey and Holland, and within Sylvania, | 410 |
| Richfield, Spencer, and Harding townships, and within those | 411 |
| portions of Swanton, Monclova, and Springfield townships lying | 412 |
| north of the northerly boundary line of the Ohio turnpike, in | 413 |
| Lucas county. | 414 |
| The Tiffin municipal court has jurisdiction within Adams, Big | 415 |
| Spring, Bloom, Clinton, Eden, Hopewell, Liberty, Pleasant, Reed, | 416 |
| Scipio, Seneca, Thompson, and Venice townships in Seneca county. | 417 |
| The Toledo municipal court has jurisdiction within Washington | 418 |
| township, and within the municipal corporation of Ottawa Hills, in | 419 |
| Lucas county. | 420 |
| The Upper Sandusky municipal court has jurisdiction within | 421 |
| Wyandot county. | 422 |
| The Vandalia municipal court has jurisdiction within the | 423 |
| municipal corporations of Clayton, Englewood, and Union, and | 424 |
| within Butler, Harrison, and Randolph townships, in Montgomery | 425 |
| county. | 426 |
| The Van Wert municipal court has jurisdiction within Van Wert | 427 |
| county. | 428 |
| The Vermilion municipal court has jurisdiction within the | 429 |
| townships of Vermilion and Florence in Erie county and within all | 430 |
| of Brownhelm township except within the municipal corporation of | 431 |
| Lorain, in Lorain county. | 432 |
| The Wadsworth municipal court has jurisdiction within the | 433 |
| municipal corporations of Gloria Glens Park, Lodi, Seville, and | 434 |
| Westfield Center, and within Guilford, Harrisville, Homer, Sharon, | 435 |
| Wadsworth, and Westfield townships in Medina county. | 436 |
| The Warren municipal court has jurisdiction within Warren and | 437 |
| Champion townships, and within all of Howland township except | 438 |
| within the municipal corporation of Niles, in Trumbull county. | 439 |
| The Washington Court House municipal court has jurisdiction | 440 |
| within Fayette county. | 441 |
| The Wayne county municipal court has jurisdiction within | 442 |
| Wayne county. | 443 |
| The Willoughby municipal court has jurisdiction within the | 444 |
| municipal corporations of Eastlake, Wickliffe, Willowick, | 445 |
| Willoughby Hills, Kirtland, Kirtland Hills, Waite Hill, | 446 |
| Timberlake, and Lakeline, and within Kirtland township, in Lake | 447 |
| county. | 448 |
| Through June 30, 1992, the Wilmington municipal court has | 449 |
| jurisdiction within Clinton county. | 450 |
| The Xenia municipal court has jurisdiction within | 451 |
| Caesarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross, | 452 |
| Silvercreek, Spring Valley, Sugarcreek, and Xenia townships in | 453 |
| Greene county. | 454 |
| (C) As used in this section: | 455 |
| (1) "Within a township" includes all land, including, but | 456 |
| not limited to, any part of any municipal corporation, that is | 457 |
| physically located within the territorial boundaries of that | 458 |
| township, whether or not that land or municipal corporation is | 459 |
| governmentally a part of the township. | 460 |
| (2) "Within a municipal corporation" includes all land | 461 |
| within the territorial boundaries of the municipal corporation and | 462 |
| any townships that are coextensive with the municipal corporation. | 463 |
| Sec. 1901.027. In addition to the territorial jurisdiction | 464 |
| conferred by section 1901.02 of the Revised Code, the municipal | 465 |
| courts established in Athens, Batavia, East Liverpool, Gallipolis, | 466 |
| Georgetown, Cincinnati, Ironton, Chesapeake, Marietta, Portsmouth, | 467 |
| and Steubenville and the municipal court established within | 468 |
| Columbiana county that is described in division (C) of section | 469 |
| 1901.01 of the Revised Code have jurisdiction beyond the north or | 470 |
| northwest shore of the Ohio river extending to the opposite shore | 471 |
| line, between the extended boundary lines of any adjacent | 472 |
| municipal courts or adjacent county courts. Each of the municipal | 473 |
| courts that is given jurisdiction on the Ohio river by this | 474 |
| section has concurrent jurisdiction on the Ohio river with any | 475 |
| adjacent municipal courts or adjacent county courts that border on | 476 |
| that river and with any court of Kentucky or of West Virginia that | 477 |
| borders on the Ohio river and that has jurisdiction on the Ohio | 478 |
| river under the law of Kentucky or the law of West Virginia, | 479 |
| whichever is applicable, or under federal law. | 480 |
| Sec. 1901.03. As used in this chapter: | 481 |
| (A) "Territory" means the geographical areas within which | 482 |
| municipal courts have jurisdiction as provided in sections 1901.01 | 483 |
| and 1901.02 of the Revised Code. | 484 |
| (B) "Legislative authority" means the legislative authority | 485 |
| of the municipal corporation in which a municipal court, other | 486 |
| than a county-operated municipal court, is located, and means the | 487 |
| respective board of county commissioners of the county in which a | 488 |
| county-operated municipal court is located. | 489 |
| (C) "Chief executive" means the chief executive of the | 490 |
| municipal corporation in which a municipal court, other than a | 491 |
| county-operated municipal court, is located, and means the | 492 |
| respective chairman of the board of county commissioners of the | 493 |
| county in which a county-operated municipal court is located. | 494 |
| (D) "City treasury" means the treasury of the municipal | 495 |
| corporation in which a municipal court, other than a | 496 |
| county-operated municipal court, is located. | 497 |
| (E) "City treasurer" means the treasurer of the municipal | 498 |
| corporation in which a municipal court, other than a | 499 |
| county-operated municipal court, is located. | 500 |
| (F) "County-operated municipal court" means the Auglaize | 501 |
| county, Brown county, Clermont county, Columbiana county, Crawford | 502 |
| county, Hamilton county, Hocking county, Jackson county, Lawrence | 503 |
| county, Madison county, Miami county, Morrow county, Ottawa | 504 |
| county, Portage county, or Wayne county municipal court. | 505 |
| (G) "A municipal corporation in which a municipal court is | 506 |
| located" includes each municipal corporation named in section | 507 |
| 1901.01 of the Revised Code, but does not include one in which a | 508 |
| judge sits pursuant to section 1901.021 of the Revised Code. | 509 |
| Sec. 1901.04. Upon the institution of a municipal court | 510 |
| other than the Brown county municipal court or the Morrow county | 511 |
| municipal court, the jurisdiction of the mayor in all civil and | 512 |
| criminal causes terminates within the municipal corporation in | 513 |
|
which the
municipal court is located.
| 514 |
| the Brown county municipal court or the Morrow county municipal | 515 |
| court does not terminate or affect the jurisdiction of the mayor | 516 |
| of Georgetown or the mayor of Mount Gilead, respectively, in any | 517 |
| civil or criminal cause. Upon the institution of either court, the | 518 |
| mayor of Georgetown and the mayor of Mount Gilead retain | 519 |
| jurisdiction in causes as described in section 1905.01 of the | 520 |
| Revised Code. Those mayors shall exercise that jurisdiction | 521 |
| concurrently with the municipal court. Upon the institution of a | 522 |
| municipal court, all mayors of municipal corporations within the | 523 |
| territory other than the municipal corporation in which the court | 524 |
| is located may retain any jurisdiction that is now provided in all | 525 |
| criminal causes involving violation of ordinances of their | 526 |
| respective municipal corporations and in all criminal causes | 527 |
| involving moving traffic violations occurring on state highways | 528 |
| located within their respective municipal corporations, to be | 529 |
| exercised concurrently with the municipal court. | 530 |
| Upon the institution of a municipal court, the jurisdiction | 531 |
| of county courts in all civil and criminal causes terminates in | 532 |
| any township or municipal corporation that is entirely within the | 533 |
| territory. | 534 |
| Upon the institution of a municipal court, all causes, | 535 |
| judgments, executions, and proceedings then pending in courts of | 536 |
| mayors and county courts within the territory as to which their | 537 |
| jurisdiction is terminated by this section shall proceed in the | 538 |
| municipal court as if originally instituted in the municipal | 539 |
| court. The parties may make any amendments to their pleadings | 540 |
| that are required to conform to the rules of the municipal court. | 541 |
| In all cases over which the municipal court is given | 542 |
| jurisdiction and for which the jurisdiction of county courts and | 543 |
| the courts of mayors is terminated by this section upon the | 544 |
| institution of the municipal court, the pleadings, orders, | 545 |
| entries, dockets, bonds, papers, records, books, exhibits, files, | 546 |
| moneys, property, and persons that belong to, are in the | 547 |
| possession of, or are subject to the jurisdiction of the courts of | 548 |
| mayors or county courts or any officer of either court and that | 549 |
| are in any municipal corporation or township which is entirely | 550 |
| within the territory of a municipal court shall be transferred by | 551 |
| their custodian to the municipal court. If a part of any township | 552 |
| that was within the jurisdiction of a county court is included | 553 |
| within the territory of a municipal court, all pleadings, orders, | 554 |
| entries, dockets, bonds, papers, records, books, exhibits, files, | 555 |
| moneys, property, and persons that belong to, are in the | 556 |
| possession of, or are subject to the jurisdiction of the county | 557 |
| court or any officer of the county court and that pertain to | 558 |
| causes, judgments, executions, and proceedings then pending in the | 559 |
| county court and arising from the court's jurisdiction in that | 560 |
| part of the township within the territory of the municipal court | 561 |
| shall be transferred by their custodian to the municipal court. | 562 |
| The termination of a municipal court reinstates the | 563 |
| jurisdiction of the mayor of the municipal corporation in which | 564 |
| the terminated municipal court was located, if the jurisdiction of | 565 |
| the mayor was terminated by this section. | 566 |
| Sec. 1901.08. The number of, and the time for election of, | 567 |
| judges of the following municipal courts and the beginning of | 568 |
| their terms shall be as follows: | 569 |
| In the Akron municipal court, two full-time judges shall be | 570 |
| elected in 1951, two full-time judges shall be elected in 1953, | 571 |
| one full-time judge shall be elected in 1967, and one full-time | 572 |
| judge shall be elected in 1975. | 573 |
| In the Alliance municipal court, one full-time judge shall be | 574 |
| elected in 1953. | 575 |
| In the Ashland municipal court, one full-time judge shall be | 576 |
| elected in 1951. | 577 |
| In the Ashtabula municipal court, one full-time judge shall | 578 |
| be elected in 1953. | 579 |
| In the Athens county municipal court, one full-time judge | 580 |
| shall be elected in 1967. | 581 |
| In the Auglaize county municipal court, one full-time judge | 582 |
| shall be elected in 1975. | 583 |
| In the Avon Lake municipal court, one part-time judge shall | 584 |
| be elected in 1957. | 585 |
| In the Barberton municipal court, one full-time judge shall | 586 |
| be elected in 1969, and one full-time judge shall be elected in | 587 |
| 1971. | 588 |
| In the Bedford municipal court, one full-time judge shall be | 589 |
| elected in 1975, and one full-time judge shall be elected in 1979. | 590 |
| In the Bellefontaine municipal court, one full-time judge | 591 |
| shall be elected in 1993. | 592 |
| In the Bellevue municipal court, one part-time judge shall be | 593 |
| elected in 1951. | 594 |
| In the Berea municipal court, one part-time judge shall be | 595 |
| elected in 1957, term to commence on the first day of January next | 596 |
| after election, and one part-time judge shall be elected in 1981, | 597 |
| term to commence on the second day of January next after election. | 598 |
| The part-time judge elected in 1987 whose term commenced on | 599 |
| January 1, 1988, shall serve until December 31, 1993, and the | 600 |
| office of that judge is abolished, effective on the earlier of | 601 |
| December 31, 1993, or the date on which that judge resigns, | 602 |
| retires, or otherwise vacates judicial office. | 603 |
| In the Bowling Green municipal court, one full-time judge | 604 |
| shall be elected in 1983. | 605 |
| In the Brown county municipal court, one full-time judge | 606 |
| shall be elected in 2005. Beginning February 9, 2003, the | 607 |
| part-time judge of the Brown county county court that existed | 608 |
| prior to that date whose term commenced on January 2, 2001 shall | 609 |
| serve as the full-time judge of the Brown county municipal court | 610 |
| until December 31, 2005. | 611 |
| In the Bryan municipal court, one full-time judge shall be | 612 |
| elected in 1965. | 613 |
| In the Cambridge municipal court, one full-time judge shall | 614 |
| be elected in 1951. | 615 |
| In the Campbell municipal court, one part-time judge shall be | 616 |
| elected in 1963. | 617 |
| In the Canton municipal court, one full-time judge shall be | 618 |
| elected in 1951, one full-time judge shall be elected in 1969, and | 619 |
| two full-time judges shall be elected in 1977. | 620 |
| In the Celina municipal court, one full-time judge shall be | 621 |
| elected in 1957. | 622 |
| In the Champaign county municipal court, one full-time judge | 623 |
| shall be elected in 2001. | 624 |
| In the Chardon municipal court, one part-time judge shall be | 625 |
| elected in 1963. | 626 |
| In the Chillicothe municipal court, one full-time judge shall | 627 |
| be elected in 1951, and one full-time judge shall be elected in | 628 |
| 1977. | 629 |
| In the Circleville municipal court, one full-time judge shall | 630 |
| be elected in 1953. | 631 |
| In the Clark county municipal court, one full-time judge | 632 |
| shall be elected in 1989, and two full-time judges shall be | 633 |
| elected in 1991. The full-time judges of the Springfield | 634 |
| municipal court who were elected in 1983 and 1985 shall serve as | 635 |
| the judges of the Clark county municipal court from January 1, | 636 |
| 1988, until the end of their respective terms. | 637 |
| In the Clermont county municipal court, two full-time judges | 638 |
| shall be elected in 1991, and one full-time judge shall be elected | 639 |
| in 1999. | 640 |
| In the Cleveland municipal court, six full-time judges shall | 641 |
| be elected in 1975, three full-time judges shall be elected in | 642 |
| 1953, and four full-time judges shall be elected in 1955. | 643 |
| In the Cleveland Heights municipal court, one full-time judge | 644 |
| shall be elected in 1957. | 645 |
| In the Clinton county municipal court, one full-time judge | 646 |
| shall be elected in 1997. The full-time judge of the Wilmington | 647 |
| municipal court who was elected in 1991 shall serve as the judge | 648 |
| of the Clinton county municipal court from July 1, 1992, until the | 649 |
| end of that judge's term on December 31, 1997. | 650 |
| In the Columbiana county municipal court, two full-time | 651 |
| judges shall be elected in 2001 | 652 |
| In the Conneaut municipal court, one full-time judge shall be | 653 |
| elected in 1953. | 654 |
| In the Coshocton municipal court, one full-time judge shall | 655 |
| be elected in 1951. | 656 |
| In the Crawford county municipal court, one full-time judge | 657 |
| shall be elected in 1977. | 658 |
| In the Cuyahoga Falls municipal court, one full-time judge | 659 |
| shall be elected in 1953, and one full-time judge shall be elected | 660 |
| in 1967. | 661 |
| In the Dayton municipal court, three full-time judges shall | 662 |
| be elected in 1987, their terms to commence on successive days | 663 |
| beginning on the first day of January next after their election, | 664 |
| and two full-time judges shall be elected in 1955, their terms to | 665 |
| commence on successive days beginning on the second day of January | 666 |
| next after their election. | 667 |
| In the Defiance municipal court, one full-time judge shall be | 668 |
| elected in 1957. | 669 |
| In the Delaware municipal court, one full-time judge shall be | 670 |
| elected in 1953. | 671 |
| In the East Cleveland municipal court, one full-time judge | 672 |
| shall be elected in 1957. | 673 |
| In the East Liverpool municipal court, one full-time judge | 674 |
| shall be elected in 1953. | 675 |
| In the Eaton municipal court, one full-time judge shall be | 676 |
| elected in 1973. | 677 |
| In the Elyria municipal court, one full-time judge shall be | 678 |
| elected in 1955, and one full-time judge shall be elected in 1973. | 679 |
| In the Euclid municipal court, one full-time judge shall be | 680 |
| elected in 1951. | 681 |
| In the Fairborn municipal court, one full-time judge shall be | 682 |
| elected in 1977. | 683 |
| In the Fairfield county municipal court, one full-time judge | 684 |
| shall be elected in 2003, and one full-time judge shall be elected | 685 |
| in 2005. | 686 |
| In the Fairfield municipal court, one full-time judge shall | 687 |
| be elected in 1989. | 688 |
| In the Findlay municipal court, one full-time judge shall be | 689 |
| elected in 1955, and one full-time judge shall be elected in 1993. | 690 |
| In the Fostoria municipal court, one full-time judge shall be | 691 |
| elected in 1975. | 692 |
| In the Franklin municipal court, one part-time judge shall be | 693 |
| elected in 1951. | 694 |
| In the Franklin county municipal court, two full-time judges | 695 |
| shall be elected in 1969, three full-time judges shall be elected | 696 |
| in 1971, seven full-time judges shall be elected in 1967, one | 697 |
| full-time judge shall be elected in 1975, one full-time judge | 698 |
| shall be elected in 1991, and one full-time judge shall be elected | 699 |
| in 1997. | 700 |
| In the Fremont municipal court, one full-time judge shall be | 701 |
| elected in 1975. | 702 |
| In the Gallipolis municipal court, one full-time judge shall | 703 |
| be elected in 1981. | 704 |
| In the Garfield Heights municipal court, one full-time judge | 705 |
| shall be elected in 1951, and one full-time judge shall be elected | 706 |
| in 1981. | 707 |
| In the Girard municipal court, one full-time judge shall be | 708 |
| elected in 1963. | 709 |
| In the Hamilton municipal court, one full-time judge shall be | 710 |
| elected in 1953. | 711 |
| In the Hamilton county municipal court, five full-time judges | 712 |
| shall be elected in 1967, five full-time judges shall be elected | 713 |
| in 1971, two full-time judges shall be elected in 1981, and two | 714 |
| full-time judges shall be elected in 1983. All terms of judges of | 715 |
| the Hamilton county municipal court shall commence on the first | 716 |
| day of January next after their election, except that the terms of | 717 |
| the additional judges to be elected in 1981 shall commence on | 718 |
| January 2, 1982, and January 3, 1982, and that the terms of the | 719 |
| additional judges to be elected in 1983 shall commence on January | 720 |
| 4, 1984, and January 5, 1984. | 721 |
| In the Hardin county municipal court, one part-time judge | 722 |
| shall be elected in 1989. | 723 |
| In the Hillsboro municipal court, one part-time judge shall | 724 |
| be elected in 1957. | 725 |
| In the Hocking county municipal court, one full-time judge | 726 |
| shall be elected in 1977. | 727 |
| In the Huron municipal court, one part-time judge shall be | 728 |
| elected in 1967. | 729 |
| In the Ironton municipal court, one full-time judge shall be | 730 |
| elected in 1951. | 731 |
| In the Jackson county municipal court, one full-time judge | 732 |
| shall be elected in 2001. On and after March 31, 1997, the | 733 |
| part-time judge of the Jackson county municipal court who was | 734 |
| elected in 1995 shall serve as a full-time judge of the court | 735 |
| until the end of that judge's term on December 31, 2001. | 736 |
| In the Kettering municipal court, one full-time judge shall | 737 |
| be elected in 1971, and one full-time judge shall be elected in | 738 |
| 1975. | 739 |
| In the Lakewood municipal court, one full-time judge shall be | 740 |
| elected in 1955. | 741 |
| In the Lancaster municipal court, one full-time judge shall | 742 |
| be elected in 1951, and one full-time judge shall be elected in | 743 |
| 1979. Beginning January 2, 2000, the full-time judges of the | 744 |
| Lancaster municipal court who were elected in 1997 and 1999 shall | 745 |
| serve as judges of the Fairfield county municipal court until the | 746 |
| end of those judges' terms. | 747 |
| In the Lawrence county municipal court, one part-time judge | 748 |
| shall be elected in 1981. | 749 |
| In the Lebanon municipal court, one part-time judge shall be | 750 |
| elected in 1955. | 751 |
| In the Licking county municipal court, one full-time judge | 752 |
| shall be elected in 1951, and one full-time judge shall be elected | 753 |
| in 1971. | 754 |
| In the Lima municipal court, one full-time judge shall be | 755 |
| elected in 1951, and one full-time judge shall be elected in 1967. | 756 |
| In the Lorain municipal court, one full-time judge shall be | 757 |
| elected in 1953, and one full-time judge shall be elected in 1973. | 758 |
| In the Lyndhurst municipal court, one part-time judge shall | 759 |
| be elected in 1957. | 760 |
| In the Madison county municipal court, one full-time judge | 761 |
| shall be elected in 1981. | 762 |
| In the Mansfield municipal court, one full-time judge shall | 763 |
| be elected in 1951, and one full-time judge shall be elected in | 764 |
| 1969. | 765 |
| In the Marietta municipal court, one full-time judge shall be | 766 |
| elected in 1957. | 767 |
| In the Marion municipal court, one full-time judge shall be | 768 |
| elected in 1951. | 769 |
| In the Marysville municipal court, one part-time judge shall | 770 |
| be elected in 1963. | 771 |
| In the Mason municipal court, one part-time judge shall be | 772 |
| elected in 1965. | 773 |
| In the Massillon municipal court, one full-time judge shall | 774 |
| be elected in 1953, and one full-time judge shall be elected in | 775 |
| 1971. | 776 |
| In the Maumee municipal court, one full-time judge shall be | 777 |
| elected in 1963. | 778 |
| In the Medina municipal court, one full-time judge shall be | 779 |
| elected in 1957. | 780 |
| In the Mentor municipal court, one full-time judge shall be | 781 |
| elected in 1971. | 782 |
| In the Miami county municipal court, one full-time judge | 783 |
| shall be elected in 1975, and one full-time judge shall be elected | 784 |
| in 1979. | 785 |
| In the Miamisburg municipal court, one part-time judge shall | 786 |
| be elected in 1951. | 787 |
| In the Middletown municipal court, one full-time judge shall | 788 |
| be elected in 1953. | 789 |
| In the Morrow county municipal court, one full-time judge | 790 |
| shall be elected in 2005. Beginning January 1, 2003, the part-time | 791 |
| judge of the Morrow county county court that existed prior to that | 792 |
| date shall serve as the full-time judge of the Morrow county | 793 |
| municipal court until December 31, 2005. | 794 |
| In the Mount Vernon municipal court, one full-time judge | 795 |
| shall be elected in 1951. | 796 |
| In the Napoleon municipal court, one part-time judge shall be | 797 |
| elected in 1963. | 798 |
| In the New Philadelphia municipal court, one full-time judge | 799 |
| shall be elected in 1975. | 800 |
| In the Newton Falls municipal court, one full-time judge | 801 |
| shall be elected in 1963. | 802 |
| In the Niles municipal court, one full-time judge shall be | 803 |
| elected in 1951. | 804 |
| In the Norwalk municipal court, one full-time judge shall be | 805 |
| elected in 1975. | 806 |
| In the Oakwood municipal court, one part-time judge shall be | 807 |
| elected in 1953. | 808 |
| In the Oberlin municipal court, one full-time judge shall be | 809 |
| elected in 1989. | 810 |
| In the Oregon municipal court, one full-time judge shall be | 811 |
| elected in 1963. | 812 |
| In the Ottawa county municipal court, one full-time judge | 813 |
| shall be elected in 1995, and the full-time judge of the Port | 814 |
| Clinton municipal court who is elected in 1989 shall serve as the | 815 |
| judge of the Ottawa county municipal court from February 4, 1994, | 816 |
| until the end of that judge's term. | 817 |
| In the Painesville municipal court, one full-time judge shall | 818 |
| be elected in 1951. | 819 |
| In the Parma municipal court, one full-time judge shall be | 820 |
| elected in 1951, one full-time judge shall be elected in 1967, and | 821 |
| one full-time judge shall be elected in 1971. | 822 |
| In the Perrysburg municipal court, one full-time judge shall | 823 |
| be elected in 1977. | 824 |
| In the Portage county municipal court, two full-time judges | 825 |
| shall be elected in 1979, and one full-time judge shall be elected | 826 |
| in 1971. | 827 |
| In the Port Clinton municipal court, one full-time judge | 828 |
| shall be elected in 1953. The full-time judge of the Port Clinton | 829 |
| municipal court who is elected in 1989 shall serve as the judge of | 830 |
| the Ottawa county municipal court from February 4, 1994, until the | 831 |
| end of that judge's term. | 832 |
| In the Portsmouth municipal court, one full-time judge shall | 833 |
| be elected in 1951, and one full-time judge shall be elected in | 834 |
| 1985. | 835 |
| In the Rocky River municipal court, one full-time judge shall | 836 |
| be elected in 1957, and one full-time judge shall be elected in | 837 |
| 1971. | 838 |
| In the Sandusky municipal court, one full-time judge shall be | 839 |
| elected in 1953. | 840 |
| In the Shaker Heights municipal court, one full-time judge | 841 |
| shall be elected in 1957. | 842 |
| In the Shelby municipal court, one part-time judge shall be | 843 |
| elected in 1957. | 844 |
| In the Sidney municipal court, one full-time judge shall be | 845 |
| elected in 1995. | 846 |
| In the South Euclid municipal court, one full-time judge | 847 |
| shall be elected in 1999. The part-time judge elected in 1993, | 848 |
| whose term commenced on January 1, 1994, shall serve until | 849 |
| December 31, 1999, and the office of that judge is abolished on | 850 |
| January 1, 2000. | 851 |
| In the Springfield municipal court, two full-time judges | 852 |
| shall be elected in 1985, and one full-time judge shall be elected | 853 |
| in 1983, all of whom shall serve as the judges of the Springfield | 854 |
| municipal court through December 31, 1987, and as the judges of | 855 |
| the Clark county municipal court from January 1, 1988, until the | 856 |
| end of their respective terms. | 857 |
| In the Steubenville municipal court, one full-time judge | 858 |
| shall be elected in 1953. | 859 |
| In the Struthers municipal court, one part-time judge shall | 860 |
| be elected in 1963. | 861 |
| In the Sylvania municipal court, one full-time judge shall be | 862 |
| elected in 1963. | 863 |
| In the Tiffin municipal court, one full-time judge shall be | 864 |
| elected in 1953. | 865 |
| In the Toledo municipal court, two full-time judges shall be | 866 |
| elected in 1971, four full-time judges shall be elected in 1975, | 867 |
| and one full-time judge shall be elected in 1973. | 868 |
| In the Upper Sandusky municipal court, one part-time judge | 869 |
| shall be elected in 1957. | 870 |
| In the Vandalia municipal court, one full-time judge shall be | 871 |
| elected in 1959. | 872 |
| In the Van Wert municipal court, one full-time judge shall be | 873 |
| elected in 1957. | 874 |
| In the Vermilion municipal court, one part-time judge shall | 875 |
| be elected in 1965. | 876 |
| In the Wadsworth municipal court, one full-time judge shall | 877 |
| be elected in 1981. | 878 |
| In the Warren municipal court, one full-time judge shall be | 879 |
| elected in 1951, and one full-time judge shall be elected in 1971. | 880 |
| In the Washington Court House municipal court, one full-time | 881 |
| judge shall be elected in 1999. The part-time judge elected in | 882 |
| 1993, whose term commenced on January 1, 1994, shall serve until | 883 |
| December 31, 1999, and the office of that judge is abolished on | 884 |
| January 1, 2000. | 885 |
| In the Wayne county municipal court, one full-time judge | 886 |
| shall be elected in 1975, and one full-time judge shall be elected | 887 |
| in 1979. | 888 |
| In the Willoughby municipal court, one full-time judge shall | 889 |
| be elected in 1951. | 890 |
| In the Wilmington municipal court, one full-time judge shall | 891 |
| be elected in 1991, who shall serve as the judge of the Wilmington | 892 |
| municipal court through June 30, 1992, and as the judge of the | 893 |
| Clinton county municipal court from July 1, 1992, until the end of | 894 |
| that judge's term on December 31, 1997. | 895 |
| In the Xenia municipal court, one full-time judge shall be | 896 |
| elected in 1977. | 897 |
| In the Youngstown municipal court, one full-time judge shall | 898 |
| be elected in 1951, and two full-time judges shall be elected in | 899 |
| 1953. | 900 |
| In the Zanesville municipal court, one full-time judge shall | 901 |
| be elected in 1953. | 902 |
| Sec. 1901.31. The clerk and deputy clerks of a municipal | 903 |
| court shall be selected, be compensated, give bond, and have | 904 |
| powers and duties as follows: | 905 |
| (A) There shall be a clerk of the court who is appointed or | 906 |
| elected as follows: | 907 |
| (1)(a) Except in the Akron, Barberton, Cuyahoga Falls, | 908 |
| Medina, Toledo, Clermont county, Hamilton county, Portage county, | 909 |
| and Wayne county municipal courts, if the population of the | 910 |
| territory equals or exceeds one hundred thousand at the regular | 911 |
| municipal election immediately preceding the expiration of the | 912 |
| term of the present clerk, the clerk shall be nominated and | 913 |
| elected by the qualified electors of the territory in the manner | 914 |
| that is provided for the nomination and election of judges in | 915 |
| section 1901.07 of the Revised Code. | 916 |
| The clerk so elected shall hold office for a term of six | 917 |
| years, which term shall commence on the first day of January | 918 |
| following the clerk's election and continue until the clerk's | 919 |
| successor is elected and qualified. | 920 |
| (b) In the Hamilton county municipal court, the clerk of | 921 |
| courts of Hamilton county shall be the clerk of the municipal | 922 |
| court and may appoint an assistant clerk who shall receive the | 923 |
| compensation, payable out of the treasury of Hamilton county in | 924 |
| semimonthly installments, that the board of county commissioners | 925 |
| prescribes. The clerk of courts of Hamilton county, acting as the | 926 |
| clerk of the Hamilton county municipal court and assuming the | 927 |
| duties of that office, shall receive compensation at one-fourth | 928 |
| the rate that is prescribed for the clerks of courts of common | 929 |
| pleas as determined in accordance with the population of the | 930 |
| county and the rates set forth in sections 325.08 and 325.18 of | 931 |
| the Revised Code. This compensation shall be paid from the county | 932 |
| treasury in semimonthly installments and is in addition to the | 933 |
| annual compensation that is received for the performance of the | 934 |
| duties of the clerk of courts of Hamilton county, as provided in | 935 |
| sections 325.08 and 325.18 of the Revised Code. | 936 |
| (c) In the Portage county and Wayne county municipal courts, | 937 |
| the clerks of courts of Portage county and Wayne county shall be | 938 |
| the clerks, respectively, of the Portage county and Wayne county | 939 |
| municipal courts and may appoint a chief deputy clerk for each | 940 |
| branch that is established pursuant to section 1901.311 of the | 941 |
| Revised Code and assistant clerks as the judges of the municipal | 942 |
| court determine are necessary, all of whom shall receive the | 943 |
| compensation that the legislative authority prescribes. The | 944 |
| clerks of courts of Portage county and Wayne county, acting as the | 945 |
| clerks of the Portage county and Wayne county municipal courts and | 946 |
| assuming the duties of these offices, shall receive compensation | 947 |
| payable from the county treasury in semimonthly installments at | 948 |
| one-fourth the rate that is prescribed for the clerks of courts of | 949 |
| common pleas as determined in accordance with the population of | 950 |
| the county and the rates set forth in sections 325.08 and 325.18 | 951 |
| of the Revised Code. | 952 |
| (d) Except as otherwise provided in division (A)(1)(d) of | 953 |
| this section, in the Akron municipal court, candidates for | 954 |
| election to the office of clerk of the court shall be nominated by | 955 |
| primary election. The primary election shall be held on the day | 956 |
| specified in the charter of the city of Akron for the nomination | 957 |
| of municipal officers. Notwithstanding section 3513.257 of the | 958 |
| Revised Code, the nominating petitions of independent candidates | 959 |
| shall be signed by at least two hundred fifty qualified electors | 960 |
| of the territory of the court. | 961 |
| The candidates shall file a declaration of candidacy and | 962 |
| petition, or a nominating petition, whichever is applicable, not | 963 |
| later than four p.m. of the seventy-fifth day before the day of | 964 |
| the primary election, in the form prescribed by section 3513.07 or | 965 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 966 |
| petition, or the nominating petition, shall conform to the | 967 |
| applicable requirements of section 3513.05 or 3513.257 of the | 968 |
| Revised Code. | 969 |
| If no valid declaration of candidacy and petition is filed by | 970 |
| any person for nomination as a candidate of a particular political | 971 |
| party for election to the office of clerk of the Akron municipal | 972 |
| court, a primary election shall not be held for the purpose of | 973 |
| nominating a candidate of that party for election to that office. | 974 |
| If only one person files a valid declaration of candidacy and | 975 |
| petition for nomination as a candidate of a particular political | 976 |
| party for election to that office, a primary election shall not be | 977 |
| held for the purpose of nominating a candidate of that party for | 978 |
| election to that office, and the candidate shall be issued a | 979 |
| certificate of nomination in the manner set forth in section | 980 |
| 3513.02 of the Revised Code. | 981 |
| Declarations of candidacy and petitions, nominating | 982 |
| petitions, and certificates of nomination for the office of clerk | 983 |
| of the Akron municipal court shall contain a designation of the | 984 |
| term for which the candidate seeks election. At the following | 985 |
| regular municipal election, all candidates for the office shall be | 986 |
| submitted to the qualified electors of the territory of the court | 987 |
| in the manner that is provided in section 1901.07 of the Revised | 988 |
| Code for the election of the judges of the court. The clerk so | 989 |
| elected shall hold office for a term of six years, which term | 990 |
| shall commence on the first day of January following the clerk's | 991 |
| election and continue until the clerk's successor is elected and | 992 |
| qualified. | 993 |
| (e) In the Clermont county municipal court, the clerk of | 994 |
| courts of Clermont county shall be the clerk of the municipal | 995 |
| court. The clerk of courts of Clermont county, acting as the | 996 |
| clerk of the Clermont county municipal court and assuming the | 997 |
| duties of that office, shall receive compensation at one-fourth | 998 |
| the rate that is prescribed for the clerks of courts of common | 999 |
| pleas as determined in accordance with the population of the | 1000 |
| county and the rates set forth in sections 325.08 and 325.18 of | 1001 |
| the Revised Code. This compensation shall be paid from the county | 1002 |
| treasury in semimonthly installments and is in addition to the | 1003 |
| annual compensation that is received for the performance of the | 1004 |
| duties of the clerk of courts of Clermont county, as provided in | 1005 |
| sections 325.08 and 325.18 of the Revised Code. | 1006 |
| (f) Irrespective of the population of the territory of the | 1007 |
| Medina municipal court, the clerk of that court shall be appointed | 1008 |
| pursuant to division (A)(2)(a) of this section by the judges of | 1009 |
| that court, shall hold office until the clerk's successor is | 1010 |
| similarly appointed and qualified, and shall receive pursuant to | 1011 |
| division (C) of this section the annual compensation that the | 1012 |
| legislative authority prescribes and that is payable in | 1013 |
| semimonthly installments from the same sources and in the same | 1014 |
| manner as provided in section 1901.11 of the Revised Code. | 1015 |
| (g) Except as otherwise provided in division (A)(1)(g) of | 1016 |
| this section, in the Barberton municipal court, candidates for | 1017 |
| election to the office of clerk of the court shall be nominated by | 1018 |
| primary election. The primary election shall be held on the day | 1019 |
| specified in the charter of the city of Barberton for the | 1020 |
| nomination of municipal officers. Notwithstanding section | 1021 |
| 3513.257 of the Revised Code, the nominating petitions of | 1022 |
| independent candidates shall be signed by at least two hundred | 1023 |
| fifty qualified electors of the territory of the court. | 1024 |
| The candidates shall file a declaration of candidacy and | 1025 |
| petition, or a nominating petition, whichever is applicable, not | 1026 |
| later than four p.m. of the seventy-fifth day before the day of | 1027 |
| the primary election, in the form prescribed by section 3513.07 or | 1028 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 1029 |
| petition, or the nominating petition, shall conform to the | 1030 |
| applicable requirements of section 3513.05 or 3513.257 of the | 1031 |
| Revised Code. | 1032 |
| If no valid declaration of candidacy and petition is filed by | 1033 |
| any person for nomination as a candidate of a particular political | 1034 |
| party for election to the office of clerk of the Barberton | 1035 |
| municipal court, a primary election shall not be held for the | 1036 |
| purpose of nominating a candidate of that party for election to | 1037 |
| that office. If only one person files a valid declaration of | 1038 |
| candidacy and petition for nomination as a candidate of a | 1039 |
| particular political party for election to that office, a primary | 1040 |
| election shall not be held for the purpose of nominating a | 1041 |
| candidate of that party for election to that office, and the | 1042 |
| candidate shall be issued a certificate of nomination in the | 1043 |
| manner set forth in section 3513.02 of the Revised Code. | 1044 |
| Declarations of candidacy and petitions, nominating | 1045 |
| petitions, and certificates of nomination for the office of clerk | 1046 |
| of the Barberton municipal court shall contain a designation of | 1047 |
| the term for which the candidate seeks election. At the following | 1048 |
| regular municipal election, all candidates for the office shall be | 1049 |
| submitted to the qualified electors of the territory of the court | 1050 |
| in the manner that is provided in section 1901.07 of the Revised | 1051 |
| Code for the election of the judges of the court. The clerk so | 1052 |
| elected shall hold office for a term of six years, which term | 1053 |
| shall commence on the first day of January following the clerk's | 1054 |
| election and continue until the clerk's successor is elected and | 1055 |
| qualified. | 1056 |
| (h) Except as otherwise provided in division (A)(1)(h) of | 1057 |
| this section, in the Cuyahoga Falls municipal court, candidates | 1058 |
| for election to the office of clerk of the court shall be | 1059 |
| nominated by primary election. The primary election shall be held | 1060 |
| on the day specified in the charter of the city of Cuyahoga Falls | 1061 |
| for the nomination of municipal officers. Notwithstanding section | 1062 |
| 3513.257 of the Revised Code, the nominating petitions of | 1063 |
| independent candidates shall be signed by at least two hundred | 1064 |
| fifty qualified electors of the territory of the court. | 1065 |
| The candidates shall file a declaration of candidacy and | 1066 |
| petition, or a nominating petition, whichever is applicable, not | 1067 |
| later than four p.m. of the seventy-fifth day before the day of | 1068 |
| the primary election, in the form prescribed by section 3513.07 or | 1069 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 1070 |
| petition, or the nominating petition, shall conform to the | 1071 |
| applicable requirements of section 3513.05 or 3513.257 of the | 1072 |
| Revised Code. | 1073 |
| If no valid declaration of candidacy and petition is filed by | 1074 |
| any person for nomination as a candidate of a particular political | 1075 |
| party for election to the office of clerk of the Cuyahoga Falls | 1076 |
| municipal court, a primary election shall not be held for the | 1077 |
| purpose of nominating a candidate of that party for election to | 1078 |
| that office. If only one person files a valid declaration of | 1079 |
| candidacy and petition for nomination as a candidate of a | 1080 |
| particular political party for election to that office, a primary | 1081 |
| election shall not be held for the purpose of nominating a | 1082 |
| candidate of that party for election to that office, and the | 1083 |
| candidate shall be issued a certificate of nomination in the | 1084 |
| manner set forth in section 3513.02 of the Revised Code. | 1085 |
| Declarations of candidacy and petitions, nominating | 1086 |
| petitions, and certificates of nomination for the office of clerk | 1087 |
| of the Cuyahoga Falls municipal court shall contain a designation | 1088 |
| of the term for which the candidate seeks election. At the | 1089 |
| following regular municipal election, all candidates for the | 1090 |
| office shall be submitted to the qualified electors of the | 1091 |
| territory of the court in the manner that is provided in section | 1092 |
| 1901.07 of the Revised Code for the election of the judges of the | 1093 |
| court. The clerk so elected shall hold office for a term of six | 1094 |
| years, which term shall commence on the first day of January | 1095 |
| following the clerk's election and continue until the clerk's | 1096 |
| successor is elected and qualified. | 1097 |
| (i) Except as otherwise provided in division (A)(1)(i) of | 1098 |
| this section, in the Toledo municipal court, candidates for | 1099 |
| election to the office of clerk of the court shall be nominated by | 1100 |
| primary election. The primary election shall be held on the day | 1101 |
| specified in the charter of the city of Toledo for the nomination | 1102 |
| of municipal officers. Notwithstanding section 3513.257 of the | 1103 |
| Revised Code, the nominating petitions of independent candidates | 1104 |
| shall be signed by at least two hundred fifty qualified electors | 1105 |
| of the territory of the court. | 1106 |
| The candidates shall file a declaration of candidacy and | 1107 |
| petition, or a nominating petition, whichever is applicable, not | 1108 |
| later than four p.m. of the seventy-fifth day before the day of | 1109 |
| the primary election, in the form prescribed by section 3513.07 or | 1110 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 1111 |
| petition, or the nominating petition, shall conform to the | 1112 |
| applicable requirements of section 3513.05 or 3513.257 of the | 1113 |
| Revised Code. | 1114 |
| If no valid declaration of candidacy and petition is filed by | 1115 |
| any person for nomination as a candidate of a particular political | 1116 |
| party for election to the office of clerk of the Toledo municipal | 1117 |
| court, a primary election shall not be held for the purpose of | 1118 |
| nominating a candidate of that party for election to that office. | 1119 |
| If only one person files a valid declaration of candidacy and | 1120 |
| petition for nomination as a candidate of a particular political | 1121 |
| party for election to that office, a primary election shall not be | 1122 |
| held for the purpose of nominating a candidate of that party for | 1123 |
| election to that office, and the candidate shall be issued a | 1124 |
| certificate of nomination in the manner set forth in section | 1125 |
| 3513.02 of the Revised Code. | 1126 |
| Declarations of candidacy and petitions, nominating | 1127 |
| petitions, and certificates of nomination for the office of clerk | 1128 |
| of the Toledo municipal court shall contain a designation of the | 1129 |
| term for which the candidate seeks election. At the following | 1130 |
| regular municipal election, all candidates for the office shall be | 1131 |
| submitted to the qualified electors of the territory of the court | 1132 |
| in the manner that is provided in section 1901.07 of the Revised | 1133 |
| Code for the election of the judges of the court. The clerk so | 1134 |
| elected shall hold office for a term of six years, which term | 1135 |
| shall commence on the first day of January following the clerk's | 1136 |
| election and continue until the clerk's successor is elected and | 1137 |
| qualified. | 1138 |
| (2)(a) Except for the Alliance, Auglaize county, Brown | 1139 |
| county, Columbiana county, Lorain, Massillon, and Youngstown | 1140 |
| municipal courts, in a municipal court for which the population of | 1141 |
| the territory is less than one hundred thousand and in the Medina | 1142 |
| municipal court, the clerk shall be appointed by the court, and | 1143 |
| the clerk shall hold office until the clerk's successor is | 1144 |
| appointed and qualified. | 1145 |
| (b) In the Alliance, Lorain, Massillon, and Youngstown | 1146 |
| municipal courts, the clerk shall be elected for a term of office | 1147 |
| as described in division (A)(1)(a) of this section. | 1148 |
| (c) In the Auglaize county
and Brown county
municipal
| 1149 |
| courts, the
| 1150 |
|
county
shall be the
| 1151 |
|
county and
Brown county municipal
| 1152 |
| chief deputy clerk for each branch that is established pursuant to | 1153 |
| section 1901.311 of the Revised Code, and assistant clerks as the | 1154 |
| judge of the court determines are necessary, all of whom shall | 1155 |
| receive the compensation that the legislative authority | 1156 |
|
prescribes. The
| 1157 |
|
Brown county, acting as
the
| 1158 |
| and Brown
county
municipal
| 1159 |
| 1160 | |
| the county treasury in semimonthly installments at one-fourth the | 1161 |
| rate that is prescribed for the clerks of courts of common pleas | 1162 |
| as determined in accordance with the population of the county and | 1163 |
| the rates set forth in sections 325.08 and 325.18 of the Revised | 1164 |
| Code. | 1165 |
| (d) In the Columbiana county municipal court, the clerk of | 1166 |
| courts of Columbiana county shall be the clerk of the municipal | 1167 |
| court, may appoint a chief deputy clerk for each branch office | 1168 |
| that is established pursuant to section 1901.311 of the Revised | 1169 |
| Code, and may appoint any assistant clerks that the judges of the | 1170 |
| court determine are necessary. All of the chief deputy clerks and | 1171 |
| assistant clerks shall receive the compensation that the | 1172 |
| legislative authority prescribes. The clerk of courts of | 1173 |
| Columbiana county, acting as the clerk of the Columbiana county | 1174 |
| municipal court and assuming the duties of that office, shall | 1175 |
| receive compensation payable from the county treasury in | 1176 |
| semimonthly installments at one-fourth the rate that is prescribed | 1177 |
| for the clerks of courts of common pleas as determined in | 1178 |
| accordance with the population of the county and the rates set | 1179 |
| forth in sections 325.08 and 325.18 of the Revised Code. | 1180 |
| (3) During the temporary absence of the clerk due to | 1181 |
| illness, vacation, or other proper cause, the court may appoint a | 1182 |
| temporary clerk, who shall be paid the same compensation, have the | 1183 |
| same authority, and perform the same duties as the clerk. | 1184 |
| (B) Except in the Clermont county, Hamilton county, Medina, | 1185 |
| Portage county, and Wayne county municipal courts, if a vacancy | 1186 |
| occurs in the office of the clerk of the Alliance, Lorain, | 1187 |
| Massillon, or Youngstown municipal court or occurs in the office | 1188 |
| of the clerk of a municipal court for which the population of the | 1189 |
| territory equals or exceeds one hundred thousand because the clerk | 1190 |
| ceases to hold the office before the end of the clerk's term or | 1191 |
| because a clerk-elect fails to take office, the vacancy shall be | 1192 |
| filled, until a successor is elected and qualified, by a person | 1193 |
| chosen by the residents of the territory of the court who are | 1194 |
| members of the county central committee of the political party by | 1195 |
| which the last occupant of that office or the clerk-elect was | 1196 |
| nominated. Not less than five nor more than fifteen days after a | 1197 |
| vacancy occurs, those members of that county central committee | 1198 |
| shall meet to make an appointment to fill the vacancy. At least | 1199 |
| four days before the date of the meeting, the chairperson or a | 1200 |
| secretary of the county central committee shall notify each such | 1201 |
| member of that county central committee by first class mail of the | 1202 |
| date, time, and place of the meeting and its purpose. A majority | 1203 |
| of all such members of that county central committee constitutes a | 1204 |
| quorum, and a majority of the quorum is required to make the | 1205 |
| appointment. If the office so vacated was occupied or was to be | 1206 |
| occupied by a person not nominated at a primary election, or if | 1207 |
| the appointment was not made by the committee members in | 1208 |
| accordance with this division, the court shall make an appointment | 1209 |
| to fill the vacancy. A successor shall be elected to fill the | 1210 |
| office for the unexpired term at the first municipal election that | 1211 |
| is held more than one hundred twenty days after the vacancy | 1212 |
| occurred. | 1213 |
| (C)(1) In a municipal court, other than the Auglaize county, | 1214 |
| the Brown county, the Columbiana county, and the Lorain municipal | 1215 |
| courts, for which the population of the territory is less than one | 1216 |
| hundred thousand and in the Medina municipal court, the clerk of | 1217 |
| the municipal court shall receive the annual compensation that the | 1218 |
| presiding judge of the court prescribes, if the revenue of the | 1219 |
| court for the preceding calendar year, as certified by the auditor | 1220 |
| or chief fiscal officer of the municipal corporation in which the | 1221 |
| court is located or, in the case of a county-operated municipal | 1222 |
| court, the county auditor, is equal to or greater than the | 1223 |
| expenditures, including any debt charges, for the operation of the | 1224 |
| court payable under this chapter from the city treasury or, in the | 1225 |
| case of a county-operated municipal court, the county treasury for | 1226 |
| that calendar year, as also certified by the auditor or chief | 1227 |
| fiscal officer. If the revenue of a municipal court, other than | 1228 |
| the Auglaize county, the Brown county, the Columbiana county, and | 1229 |
| the Lorain municipal courts, for which the population of the | 1230 |
| territory is less than one hundred thousand or the revenue of the | 1231 |
| Medina municipal court for the preceding calendar year as so | 1232 |
| certified is not equal to or greater than those expenditures for | 1233 |
| the operation of the court for that calendar year as so certified, | 1234 |
| the clerk of a municipal court shall receive the annual | 1235 |
| compensation that the legislative authority prescribes. As used | 1236 |
| in this division, "revenue" means the total of all costs and fees | 1237 |
| that are collected and paid to the city treasury or, in a | 1238 |
| county-operated municipal court, the county treasury by the clerk | 1239 |
| of the municipal court under division (F) of this section and all | 1240 |
| interest received and paid to the city treasury or, in a | 1241 |
| county-operated municipal court, the county treasury in relation | 1242 |
| to the costs and fees under division (G) of this section. | 1243 |
| (2) In a municipal court, other than the Clermont county, | 1244 |
| Hamilton county, Medina, Portage county, and Wayne county | 1245 |
| municipal courts, for which the population of the territory is one | 1246 |
| hundred thousand or more, and in the Lorain municipal court, the | 1247 |
| clerk of the municipal court shall receive annual compensation in | 1248 |
| a sum equal to eighty-five per cent of the salary of a judge of | 1249 |
| the court. | 1250 |
| (3) The compensation of a clerk described in division (C)(1) | 1251 |
| or (2) of this section is payable in semimonthly installments from | 1252 |
| the same sources and in the same manner as provided in section | 1253 |
| 1901.11 of the Revised Code. | 1254 |
| (D) Before entering upon the duties of the clerk's office, | 1255 |
| the clerk of a municipal court shall give bond of not less than | 1256 |
| six thousand dollars to be determined by the judges of the court, | 1257 |
| conditioned upon the faithful performance of the clerk's duties. | 1258 |
| (E) The clerk of a municipal court may do all of the | 1259 |
| following: administer oaths, take affidavits, and issue | 1260 |
| executions upon any judgment rendered in the court, including a | 1261 |
| judgment for unpaid costs; issue, sign, and attach the seal of the | 1262 |
| court to all writs, process, subpoenas, and papers issuing out of | 1263 |
| the court; and approve all bonds, sureties, recognizances, and | 1264 |
| undertakings fixed by any judge of the court or by law. The clerk | 1265 |
| may refuse to accept for filing any pleading or paper submitted | 1266 |
| for filing by a person who has been found to be a vexatious | 1267 |
| litigator under section 2323.52 of the Revised Code and who has | 1268 |
| failed to obtain leave to proceed under that section. The clerk | 1269 |
| shall do all of the following: file and safely keep all journals, | 1270 |
| records, books, and papers belonging or appertaining to the court; | 1271 |
| record the proceedings of the court; perform all other duties that | 1272 |
| the judges of the court may prescribe; and keep a book showing all | 1273 |
| receipts and disbursements, which book shall be open for public | 1274 |
| inspection at all times. | 1275 |
| The clerk shall prepare and maintain a general index, a | 1276 |
| docket, and other records that the court, by rule, requires, all | 1277 |
| of which shall be the public records of the court. In the docket, | 1278 |
| the clerk shall enter, at the time of the commencement of an | 1279 |
| action, the names of the parties in full, the names of the | 1280 |
| counsel, and the nature of the proceedings. Under proper dates, | 1281 |
| the clerk shall note the filing of the complaint, issuing of | 1282 |
| summons or other process, returns, and any subsequent pleadings. | 1283 |
| The clerk also shall enter all reports, verdicts, orders, | 1284 |
| judgments, and proceedings of the court, clearly specifying the | 1285 |
| relief granted or orders made in each action. The court may order | 1286 |
| an extended record of any of the above to be made and entered, | 1287 |
| under the proper action heading, upon the docket at the request of | 1288 |
| any party to the case, the expense of which record may be taxed as | 1289 |
| costs in the case or may be required to be prepaid by the party | 1290 |
| demanding the record, upon order of the court. | 1291 |
| (F) The clerk of a municipal court shall receive, collect, | 1292 |
| and issue receipts for all costs, fees, fines, bail, and other | 1293 |
| moneys payable to the office or to any officer of the court. The | 1294 |
| clerk shall each month disburse to the proper persons or officers, | 1295 |
| and take receipts for, all costs, fees, fines, bail, and other | 1296 |
| moneys that the clerk collects. Subject to sections 3375.50 and | 1297 |
| 4511.193 of the Revised Code and to any other section of the | 1298 |
| Revised Code that requires a specific manner of disbursement of | 1299 |
| any moneys received by a municipal court and except for the | 1300 |
| Hamilton county, Lawrence county, and Ottawa county municipal | 1301 |
| courts, the clerk shall pay all fines received for violation of | 1302 |
| municipal ordinances into the treasury of the municipal | 1303 |
| corporation the ordinance of which was violated and shall pay all | 1304 |
| fines received for violation of township resolutions adopted | 1305 |
| pursuant to Chapter 504. of the Revised Code into the treasury of | 1306 |
| the township the resolution of which was violated. Subject to | 1307 |
| sections 1901.024 and 4511.193 of the Revised Code, in the | 1308 |
| Hamilton county, Lawrence county, and Ottawa county municipal | 1309 |
| courts, the clerk shall pay fifty per cent of the fines received | 1310 |
| for violation of municipal ordinances and fifty per cent of the | 1311 |
| fines received for violation of township resolutions adopted | 1312 |
| pursuant to Chapter 504. of the Revised Code into the treasury of | 1313 |
| the county. Subject to sections 3375.50, 3375.53, 4511.99, and | 1314 |
| 5503.04 of the Revised Code and to any other section of the | 1315 |
| Revised Code that requires a specific manner of disbursement of | 1316 |
| any moneys received by a municipal court, the clerk shall pay all | 1317 |
| fines collected for the violation of state laws into the county | 1318 |
| treasury. Except in a county-operated municipal court, the clerk | 1319 |
| shall pay all costs and fees the disbursement of which is not | 1320 |
| otherwise provided for in the Revised Code into the city treasury. | 1321 |
| The clerk of a county-operated municipal court shall pay the costs | 1322 |
| and fees the disbursement of which is not otherwise provided for | 1323 |
| in the Revised Code into the county treasury. Moneys deposited as | 1324 |
| security for costs shall be retained pending the litigation. The | 1325 |
| clerk shall keep a separate account of all receipts and | 1326 |
| disbursements in civil and criminal cases, which shall be a | 1327 |
| permanent public record of the office. On the expiration of the | 1328 |
| term of the clerk, the clerk shall deliver the records to the | 1329 |
| clerk's successor. The clerk shall have other powers and duties | 1330 |
| as are prescribed by rule or order of the court. | 1331 |
| (G) All moneys paid into a municipal court shall be noted on | 1332 |
| the record of the case in which they are paid and shall be | 1333 |
| deposited in a state or national bank, or a domestic savings and | 1334 |
| loan association, as defined in section 1151.01 of the Revised | 1335 |
| Code, that is selected by the clerk. Any interest received upon | 1336 |
| the deposits shall be paid into the city treasury, except that, in | 1337 |
| a county-operated municipal court, the interest shall be paid into | 1338 |
| the treasury of the county in which the court is located. | 1339 |
| On the first Monday in January of each year, the clerk shall | 1340 |
| make a list of the titles of all cases in the court that were | 1341 |
| finally determined more than one year past in which there remains | 1342 |
| unclaimed in the possession of the clerk any funds, or any part of | 1343 |
| a deposit for security of costs not consumed by the costs in the | 1344 |
| case. The clerk shall give notice of the moneys to the parties | 1345 |
| who are entitled to the moneys or to their attorneys of record. | 1346 |
| All the moneys remaining unclaimed on the first day of April of | 1347 |
| each year shall be paid by the clerk to the city treasurer, except | 1348 |
| that, in a county-operated municipal court, the moneys shall be | 1349 |
| paid to the treasurer of the county in which the court is located. | 1350 |
| The treasurer shall pay any part of the moneys at any time to the | 1351 |
| person who has the right to the moneys upon proper certification | 1352 |
| of the clerk. | 1353 |
| (H) Deputy clerks may be appointed by the clerk and shall | 1354 |
| receive the compensation, payable in semimonthly installments out | 1355 |
| of the city treasury, that the clerk may prescribe, except that | 1356 |
| the compensation of any deputy clerk of a county-operated | 1357 |
| municipal court shall be paid out of the treasury of the county in | 1358 |
| which the court is located. Each deputy clerk shall take an oath | 1359 |
| of office before entering upon the duties of the deputy clerk's | 1360 |
| office and, when so qualified, may perform the duties appertaining | 1361 |
| to the office of the clerk. The clerk may require any of the | 1362 |
| deputy clerks to give bond of not less than three thousand | 1363 |
| dollars, conditioned for the faithful performance of the deputy | 1364 |
| clerk's duties. | 1365 |
| (I) For the purposes of this section, whenever the | 1366 |
| population of the territory of a municipal court falls below one | 1367 |
| hundred thousand but not below ninety thousand, and the population | 1368 |
| of the territory prior to the most recent regular federal census | 1369 |
| exceeded one hundred thousand, the legislative authority of the | 1370 |
| municipal corporation may declare, by resolution, that the | 1371 |
| territory shall be considered to have a population of at least one | 1372 |
| hundred thousand. | 1373 |
| (J) The clerk or a deputy clerk shall be in attendance at | 1374 |
| all sessions of the municipal court, although not necessarily in | 1375 |
| the courtroom, and may administer oaths to witnesses and jurors | 1376 |
| and receive verdicts. | 1377 |
| Sec. 1901.34. (A) Except as provided in divisions (B) and | 1378 |
| (D) of this section, the village solicitor, city director of law, | 1379 |
| or similar chief legal officer for each municipal corporation | 1380 |
| within the territory of a municipal court shall prosecute all | 1381 |
| cases brought before the municipal court for criminal offenses | 1382 |
| occurring within the municipal corporation for which that person | 1383 |
| is the solicitor, director of law, or similar chief legal officer. | 1384 |
| Except as provided in division (B) of this section, the village | 1385 |
| solicitor, city director of law, or similar chief legal officer of | 1386 |
| the municipal corporation in which a municipal court is located | 1387 |
| shall prosecute all criminal cases brought before the court | 1388 |
| arising in the unincorporated areas within the territory of the | 1389 |
| municipal court. | 1390 |
| (B) The Auglaize county, Brown county, Clermont county, | 1391 |
| Hocking county, Jackson county, Morrow county, Ottawa county, and | 1392 |
| Portage county prosecuting attorneys shall prosecute in municipal | 1393 |
| court all violations of state law arising in their respective | 1394 |
| counties. The Crawford county, Hamilton county, Madison county, | 1395 |
| and Wayne county prosecuting attorneys shall prosecute all | 1396 |
| violations of state law arising within the unincorporated areas of | 1397 |
| their respective counties. The Columbiana county prosecuting | 1398 |
| attorney shall prosecute in the Columbiana county municipal court | 1399 |
| all violations of state law arising in the county, except for | 1400 |
| violations arising in the municipal corporation of East Liverpool, | 1401 |
| Liverpool township, or St. Clair township. | 1402 |
| The prosecuting attorney of any county given the duty of | 1403 |
| prosecuting in municipal court violations of state law shall | 1404 |
| receive no additional compensation for assuming these additional | 1405 |
| duties, except that the prosecuting attorney of Hamilton, Portage, | 1406 |
| and Wayne counties shall receive compensation at the rate of four | 1407 |
| thousand eight hundred dollars per year, and the prosecuting | 1408 |
| attorney of Auglaize county shall receive compensation at the rate | 1409 |
| of one thousand eight hundred dollars per year, each payable from | 1410 |
| the county treasury of the respective counties in semimonthly | 1411 |
| installments. | 1412 |
| (C) The village solicitor, city director of law, or similar | 1413 |
| chief legal officer shall perform the same duties, insofar as they | 1414 |
| are applicable to the village solicitor, city director of law, or | 1415 |
| similar chief legal officer, as are required of the prosecuting | 1416 |
| attorney of the county. The village solicitor, city director of | 1417 |
| law, similar chief legal officer or any assistants who may be | 1418 |
| appointed shall receive for such services additional compensation | 1419 |
| to be paid from the treasury of the county as the board of county | 1420 |
| commissioners prescribes. | 1421 |
| (D) The prosecuting attorney of any county, other than | 1422 |
| Auglaize, Brown, Clermont, Hocking, Jackson, Morrow, Ottawa, or | 1423 |
| Portage county, may enter into an agreement with any municipal | 1424 |
| corporation in the county in which the prosecuting attorney serves | 1425 |
| pursuant to which the prosecuting attorney prosecutes all criminal | 1426 |
| cases brought before the municipal court that has territorial | 1427 |
| jurisdiction over that municipal corporation for criminal offenses | 1428 |
| occurring within the municipal corporation. The prosecuting | 1429 |
| attorney of Auglaize, Brown, Clermont, Hocking, Jackson, Morrow, | 1430 |
| Ottawa, or Portage county may enter into an agreement with any | 1431 |
| municipal corporation in the county in which the prosecuting | 1432 |
| attorney serves pursuant to which the respective prosecuting | 1433 |
| attorney prosecutes all cases brought before the Auglaize county, | 1434 |
| Brown county, Clermont county, Hocking county, Jackson county, | 1435 |
| Morrow county, Ottawa county, or Portage county municipal court | 1436 |
| for violations of the ordinances of the municipal corporation or | 1437 |
| for criminal offenses other than violations of state law occurring | 1438 |
| within the municipal corporation. For prosecuting these cases, | 1439 |
| the prosecuting attorney and the municipal corporation may agree | 1440 |
| upon a fee to be paid by the municipal corporation, which fee | 1441 |
| shall be paid into the county treasury, to be used to cover | 1442 |
| expenses of the office of the prosecuting attorney. | 1443 |
| Sec. 1905.01. (A) In Georgetown in Brown county, in Mount | 1444 |
| Gilead in Morrow county, and in all other municipal corporations, | 1445 |
| other than Batavia in Clermont county, not being the site of a | 1446 |
| municipal court nor a place where a judge of the Auglaize county, | 1447 |
| Crawford county, Jackson county, Miami county, Portage county, or | 1448 |
| Wayne county municipal court sits as required pursuant to section | 1449 |
| 1901.021 of the Revised Code or by designation of the judges | 1450 |
| pursuant to section 1901.021 of the Revised Code, the mayor of the | 1451 |
| municipal corporation has jurisdiction, except as provided in | 1452 |
| divisions (B), (C), and (E) of this section and subject to the | 1453 |
| limitation contained in section 1905.03 and the limitation | 1454 |
| contained in section 1905.031 of the Revised Code, to hear and | 1455 |
| determine any prosecution for the violation of an ordinance of the | 1456 |
| municipal corporation, to hear and determine any case involving a | 1457 |
| violation of a vehicle parking or standing ordinance of the | 1458 |
| municipal corporation unless the violation is required to be | 1459 |
| handled by a parking violations bureau or joint parking violations | 1460 |
| bureau pursuant to Chapter 4521. of the Revised Code, and to hear | 1461 |
| and determine all criminal causes involving any moving traffic | 1462 |
| violation occurring on a state highway located within the | 1463 |
| boundaries of the municipal corporation, subject to the | 1464 |
| limitations of sections 2937.08 and 2938.04 of the Revised Code. | 1465 |
| (B)(1) In Georgetown in Brown county, in Mount Gilead in | 1466 |
| Morrow county, and in all other municipal corporations, other than | 1467 |
| Batavia in Clermont county, not being the site of a municipal | 1468 |
| court nor a place where a judge of a court listed in division (A) | 1469 |
| of this section sits as required pursuant to section 1901.021 of | 1470 |
| the Revised Code or by designation of the judges pursuant to | 1471 |
| section 1901.021 of the Revised Code, the mayor of the municipal | 1472 |
| corporation has jurisdiction, subject to the limitation contained | 1473 |
| in section 1905.03 of the Revised Code, to hear and determine | 1474 |
| prosecutions involving a violation of an ordinance of the | 1475 |
| municipal corporation relating to operating a vehicle while under | 1476 |
| the influence of alcohol, a drug of abuse, or alcohol and a drug | 1477 |
| of abuse or relating to operating a vehicle with a prohibited | 1478 |
| concentration of alcohol in the blood, breath, or urine, and to | 1479 |
| hear and determine criminal causes involving a violation of | 1480 |
| section 4511.19 of the Revised Code that occur on a state highway | 1481 |
| located within the boundaries of the municipal corporation, | 1482 |
| subject to the limitations of sections 2937.08 and 2938.04 of the | 1483 |
| Revised Code, only if the person charged with the violation, | 1484 |
| within six years of the date of the violation charged, has not | 1485 |
| been convicted of or pleaded guilty to any of the following: | 1486 |
| (a) A violation of an ordinance of any municipal corporation | 1487 |
| relating to operating a vehicle while under the influence of | 1488 |
| alcohol, a drug of abuse, or alcohol and a drug of abuse or | 1489 |
| relating to operating a vehicle with a prohibited concentration of | 1490 |
| alcohol in the blood, breath, or urine; | 1491 |
| (b) A violation of section 4511.19 of the Revised Code; | 1492 |
| (c) A violation of any ordinance of any municipal | 1493 |
| corporation or of any section of the Revised Code that regulates | 1494 |
| the operation of vehicles, streetcars, and trackless trolleys upon | 1495 |
| the highways or streets, in relation to which all of the following | 1496 |
| apply: | 1497 |
| (i) The person, in the case in which the conviction was | 1498 |
| obtained or the plea of guilty was entered, had been charged with | 1499 |
| a violation of an ordinance of any municipal corporation relating | 1500 |
| to operating a vehicle while under the influence of alcohol, a | 1501 |
| drug of abuse, or alcohol and a drug of abuse or relating to | 1502 |
| operating a vehicle with a prohibited concentration of alcohol in | 1503 |
| the blood, breath, or urine, or with a violation of section | 1504 |
| 4511.19 of the Revised Code; | 1505 |
| (ii) The charge of the violation described in division | 1506 |
| (B)(1)(c)(i) of this section was dismissed or reduced; | 1507 |
| (iii) The violation of which the person was convicted or to | 1508 |
| which the person pleaded guilty arose out of the same facts and | 1509 |
| circumstances and the same act as did the charge that was | 1510 |
| dismissed or reduced. | 1511 |
| (d) A violation of a statute of the United States or of any | 1512 |
| other state or a municipal ordinance of a municipal corporation | 1513 |
| located in any other state that is substantially similar to | 1514 |
| section 4511.19 of the Revised Code. | 1515 |
| (2) The mayor of a municipal corporation does not have | 1516 |
| jurisdiction to hear and determine any prosecution or criminal | 1517 |
| cause involving a violation described in division (B)(1)(a) or (b) | 1518 |
| of this section, regardless of where the violation occurred, if | 1519 |
| the person charged with the violation, within six years of the | 1520 |
| violation charged, has been convicted of or pleaded guilty to any | 1521 |
| violation listed in division (B)(1)(a), (b), (c), or (d) of this | 1522 |
| section. | 1523 |
| If the mayor of a municipal corporation, in hearing a | 1524 |
| prosecution involving a violation of an ordinance of the municipal | 1525 |
| corporation the mayor serves relating to operating a vehicle while | 1526 |
| under the influence of alcohol, a drug of abuse, or alcohol and a | 1527 |
| drug of abuse or relating to operating a vehicle with a prohibited | 1528 |
| concentration of alcohol in the blood, breath, or urine, or in | 1529 |
| hearing a criminal cause involving a violation of section 4511.19 | 1530 |
| of the Revised Code, determines that the person charged, within | 1531 |
| six years of the violation charged, has been convicted of or | 1532 |
| pleaded guilty to any violation listed in division (B)(1)(a), (b), | 1533 |
| (c), or (d) of this section, the mayor immediately shall transfer | 1534 |
| the case to the county court or municipal court with jurisdiction | 1535 |
| over the violation charged, in accordance with section 1905.032 of | 1536 |
| the Revised Code. | 1537 |
| (C)(1) In Georgetown in Brown county, in Mount Gilead in | 1538 |
| Morrow county, and in all other municipal corporations, other than | 1539 |
| Batavia in Clermont county, not being the site of a municipal | 1540 |
| court and not being a place where a judge of a court listed in | 1541 |
| division (A) of this section sits as required pursuant to section | 1542 |
| 1901.021 of the Revised Code or by designation of the judges | 1543 |
| pursuant to section 1901.021 of the Revised Code, the mayor of the | 1544 |
| municipal corporation, subject to sections 1901.031, 2937.08, and | 1545 |
| 2938.04 of the Revised Code, has jurisdiction to hear and | 1546 |
| determine prosecutions involving a violation of a municipal | 1547 |
| ordinance that is substantially equivalent to division (B)(1) or | 1548 |
| (D)(2) of section 4507.02 of the Revised Code and to hear and | 1549 |
| determine criminal causes that involve a moving traffic violation, | 1550 |
| that involve a violation of division (B)(1) or (D)(2) of section | 1551 |
| 4507.02 of the Revised Code, and that occur on a state highway | 1552 |
| located within the boundaries of the municipal corporation only if | 1553 |
| all of the following apply regarding the violation and the person | 1554 |
| charged: | 1555 |
| (a) Regarding a violation of division (B)(1) of section | 1556 |
| 4507.02 of the Revised Code or a violation of a municipal | 1557 |
| ordinance that is substantially equivalent to that division, the | 1558 |
| person charged with the violation, within five years of the date | 1559 |
| of the violation charged, has not been convicted of or pleaded | 1560 |
| guilty to any of the following: | 1561 |
| (i) A violation of division (B)(1) of section 4507.02 of the | 1562 |
| Revised Code; | 1563 |
| (ii) A violation of a municipal ordinance that is | 1564 |
| substantially equivalent to division (B)(1) of section 4507.02 of | 1565 |
| the Revised Code; | 1566 |
| (iii) A violation of any municipal ordinance or section of | 1567 |
| the Revised Code that regulates the operation of vehicles, | 1568 |
| streetcars, and trackless trolleys upon the highways or streets, | 1569 |
| in a case in which, after a charge against the person of a | 1570 |
| violation of a type described in division (C)(1)(a)(i) or (ii) of | 1571 |
| this section was dismissed or reduced, the person is convicted of | 1572 |
| or pleads guilty to a violation that arose out of the same facts | 1573 |
| and circumstances and the same act as did the charge that was | 1574 |
| dismissed or reduced. | 1575 |
| (b) Regarding a violation of division (D)(2) of section | 1576 |
| 4507.02 of the Revised Code or a violation of a municipal | 1577 |
| ordinance that is substantially equivalent to that division, the | 1578 |
| person charged with the violation, within five years of the date | 1579 |
| of the violation charged, has not been convicted of or pleaded | 1580 |
| guilty to any of the following: | 1581 |
| (i) A violation of division (D)(2) of section 4507.02 of the | 1582 |
| Revised Code; | 1583 |
| (ii) A violation of a municipal ordinance that is | 1584 |
| substantially equivalent to division (D)(2) of section 4507.02 of | 1585 |
| the Revised Code; | 1586 |
| (iii) A violation of any municipal ordinance or section of | 1587 |
| the Revised Code that regulates the operation of vehicles, | 1588 |
| streetcars, and trackless trolleys upon the highways or streets in | 1589 |
| a case in which, after a charge against the person of a violation | 1590 |
| of a type described in division (C)(1)(b)(i) or (ii) of this | 1591 |
| section was dismissed or reduced, the person is convicted of or | 1592 |
| pleads guilty to a violation that arose out of the same facts and | 1593 |
| circumstances and the same act as did the charge that was | 1594 |
| dismissed or reduced. | 1595 |
| (2) The mayor of a municipal corporation does not have | 1596 |
| jurisdiction to hear and determine any prosecution or criminal | 1597 |
| cause involving a violation described in division (C)(1)(a)(i) or | 1598 |
| (ii) of this section if the person charged with the violation, | 1599 |
| within five years of the violation charged, has been convicted of | 1600 |
| or pleaded guilty to any violation listed in division | 1601 |
| (C)(1)(a)(i), (ii), or (iii) of this section and does not have | 1602 |
| jurisdiction to hear and determine any prosecution or criminal | 1603 |
| cause involving a violation described in division (C)(1)(b)(i) or | 1604 |
| (ii) of this section if the person charged with the violation, | 1605 |
| within five years of the violation charged, has been convicted of | 1606 |
| or pleaded guilty to any violation listed in division | 1607 |
| (C)(1)(b)(i), (ii), or (iii) of this section. | 1608 |
| (3) If the mayor of a municipal corporation, in hearing a | 1609 |
| prosecution involving a violation of an ordinance of the municipal | 1610 |
| corporation the mayor serves that is substantially equivalent to | 1611 |
| division (B)(1) or (D)(2) of section 4507.02 of the Revised Code | 1612 |
| or a violation of division (B)(1) or (D)(2) of section 4507.02 of | 1613 |
| the Revised Code, determines that, under division (C)(2) of this | 1614 |
| section, mayors do not have jurisdiction of the prosecution, the | 1615 |
| mayor immediately shall transfer the case to the county court or | 1616 |
| municipal court with jurisdiction over the violation in accordance | 1617 |
| with section 1905.032 of the Revised Code. | 1618 |
| (D) If the mayor of a municipal corporation has jurisdiction | 1619 |
| pursuant to division (B)(1) of this section to hear and determine | 1620 |
| a prosecution or criminal cause involving a violation described in | 1621 |
| division (B)(1)(a) or (b) of this section, the authority of the | 1622 |
| mayor to hear or determine the prosecution or cause is subject to | 1623 |
| the limitation contained in division (C) of section 1905.03 of the | 1624 |
| Revised Code. If the mayor of a municipal corporation has | 1625 |
| jurisdiction pursuant to division (A) or (C) of this section to | 1626 |
| hear and determine a prosecution or criminal cause involving a | 1627 |
| violation other than a violation described in division (B)(1)(a) | 1628 |
| or (b) of this section, the authority of the mayor to hear or | 1629 |
| determine the prosecution or cause is subject to the limitation | 1630 |
| contained in division (C) of section 1905.031 of the Revised Code. | 1631 |
| (E)(1) The mayor of a municipal corporation does not have | 1632 |
| jurisdiction to hear and determine any prosecution or criminal | 1633 |
| cause involving any of the following: | 1634 |
| (a) A violation of section 2919.25 or 2919.27 of the Revised | 1635 |
| Code; | 1636 |
| (b) A violation of section 2903.11, 2903.12, 2903.13, | 1637 |
| 2903.211, or 2911.211 of the Revised Code that involves a person | 1638 |
| who was a family or household member of the defendant at the time | 1639 |
| of the violation; | 1640 |
| (c) A violation of a municipal ordinance that is | 1641 |
| substantially equivalent to an offense described in division | 1642 |
| (E)(1)(a) or (b) of this section and that involves a person who | 1643 |
| was a family or household member of the defendant at the time of | 1644 |
| the violation. | 1645 |
| (2) The mayor of a municipal corporation does not have | 1646 |
| jurisdiction to hear and determine a motion filed pursuant to | 1647 |
| section 2919.26 of the Revised Code or filed pursuant to a | 1648 |
| municipal ordinance that is substantially equivalent to that | 1649 |
| section or to issue a protection order pursuant to that section or | 1650 |
| a substantially equivalent municipal ordinance. | 1651 |
| (3) As used in this section, "family or household member" | 1652 |
| has the same meaning as in section 2919.25 of the Revised Code. | 1653 |
| (F) In keeping a docket and files, the mayor, and a mayor's | 1654 |
| court magistrate appointed under section 1905.05 of the Revised | 1655 |
| Code, shall be governed by the laws pertaining to county courts. | 1656 |
| Sec. 1907.011. In addition to the territorial jurisdiction | 1657 |
| conferred by section 1907.01 of the Revised Code, the county | 1658 |
|
courts of Adams, Belmont,
| 1659 |
| counties have jurisdiction beyond the north or northwest shore of | 1660 |
| the Ohio river extending to the opposite shore line, between the | 1661 |
| boundary lines of any adjacent municipal courts or adjacent county | 1662 |
| courts. Each of the county courts that is given jurisdiction on | 1663 |
| the Ohio river by this section has concurrent jurisdiction on the | 1664 |
| Ohio river with any adjacent municipal courts or adjacent county | 1665 |
| courts that border on that river and with any court of Kentucky or | 1666 |
| of West Virginia that borders on the Ohio river and that has | 1667 |
| jurisdiction on the Ohio river under the law of Kentucky or the | 1668 |
| law of West Virginia, whichever is applicable, or under federal | 1669 |
| law. | 1670 |
| Sec. 1907.11. (A) Each county court district shall have the | 1671 |
| following county court judges, to be elected as follows: | 1672 |
| In the Adams county county court, one part-time judge shall | 1673 |
| be elected in 1982. | 1674 |
| In the Ashtabula county county court, one part-time judge | 1675 |
| shall be elected in 1980, and one part-time judge shall be elected | 1676 |
| in 1982. | 1677 |
| In the Belmont county county court, one part-time judge shall | 1678 |
| be elected in 1992, term to commence on January 1, 1993, and two | 1679 |
| part-time judges shall be elected in 1994, terms to commence on | 1680 |
| January 1, 1995, and January 2, 1995, respectively. | 1681 |
| | 1682 |
| 1683 | |
| 1684 |
| In the Butler county county court, one part-time judge shall | 1685 |
| be elected in 1992, term to commence on January 1, 1993, and two | 1686 |
| part-time judges shall be elected in 1994, terms to commence on | 1687 |
| January 1, 1995, and January 2, 1995, respectively. | 1688 |
| In the Carroll county county court, one part-time judge shall | 1689 |
| be elected in 1982. | 1690 |
| In the Darke county county court, one part-time judge shall | 1691 |
| be elected in 1980, and one part-time judge shall be elected in | 1692 |
| 1982. | 1693 |
| In the Erie county county court, one part-time judge shall be | 1694 |
| elected in 1982. | 1695 |
| In the Fulton county county court, one part-time judge shall | 1696 |
| be elected in 1980, and one part-time judge shall be elected in | 1697 |
| 1982. | 1698 |
| In the Harrison county county court, one part-time judge | 1699 |
| shall be elected in 1982. | 1700 |
| In the Highland county county court, one part-time judge | 1701 |
| shall be elected in 1982. | 1702 |
| In the Holmes county county court, one part-time judge shall | 1703 |
| be elected in 1982. | 1704 |
| In the Jefferson county county court, one part-time judge | 1705 |
| shall be elected in 1992, term to commence on January 1, 1993, and | 1706 |
| two part-time judges shall be elected in 1994, terms to commence | 1707 |
| on January 1, 1995, and January 2, 1995, respectively. | 1708 |
| In the Mahoning county county court, one part-time judge | 1709 |
| shall be elected in 1992, term to commence on January 1, 1993, and | 1710 |
| three part-time judges shall be elected in 1994, terms to commence | 1711 |
| on January 1, 1995, January 2, 1995, and January 3, 1995, | 1712 |
| respectively. | 1713 |
| In the Meigs county county court, one part-time judge shall | 1714 |
| be elected in 1982. | 1715 |
| In the Monroe county county court, one part-time judge shall | 1716 |
| be elected in 1982. | 1717 |
| In the Montgomery county county court, three part-time judges | 1718 |
| shall be elected in 1998, terms to commence on January 1, 1999, | 1719 |
| January 2, 1999, and January 3, 1999, respectively, and two | 1720 |
| part-time judges shall be elected in 1994, terms to commence on | 1721 |
| January 1, 1995, and January 2, 1995, respectively. | 1722 |
| In the Morgan county county court, one part-time judge shall | 1723 |
| be elected in 1982. | 1724 |
| | 1725 |
| 1726 |
| In the Muskingum county county court, one part-time judge | 1727 |
| shall be elected in 1980, and one part-time judge shall be elected | 1728 |
| in 1982. | 1729 |
| In the Noble county county court, one part-time judge shall | 1730 |
| be elected in 1982. | 1731 |
| In the Paulding county county court, one part-time judge | 1732 |
| shall be elected in 1982. | 1733 |
| In the Perry county county court, one part-time judge shall | 1734 |
| be elected in 1982. | 1735 |
| In the Pike county county court, one part-time judge shall be | 1736 |
| elected in 1982. | 1737 |
| In the Putnam county county court, one part-time judge shall | 1738 |
| be elected in 1980, and one part-time judge shall be elected in | 1739 |
| 1982. | 1740 |
| In the Sandusky county county court, two part-time judges | 1741 |
| shall be elected in 1994, terms to commence on January 1, 1995, | 1742 |
| and January 2, 1995, respectively. | 1743 |
| In the Trumbull county county court, one part-time judge | 1744 |
| shall be elected in 1992, and one part-time judge shall be elected | 1745 |
| in 1994. | 1746 |
| In the Tuscarawas county county court, one part-time judge | 1747 |
| shall be elected in 1982. | 1748 |
| In the Vinton county county court, one part-time judge shall | 1749 |
| be elected in 1982. | 1750 |
| In the Warren county county court, one part-time judge shall | 1751 |
| be elected in 1980, and one part-time judge shall be elected in | 1752 |
| 1982. | 1753 |
| (B)(1) Additional judges shall be elected at the next | 1754 |
| regular election for a county court judge as provided in section | 1755 |
| 1907.13 of the Revised Code. | 1756 |
| (2) Vacancies caused by the death or the resignation from, | 1757 |
| forfeiture of, or removal from office of a judge shall be filled | 1758 |
| in accordance with section 107.08 of the Revised Code, except as | 1759 |
| provided in section 1907.15 of the Revised Code. | 1760 |
| Sec. 2313.13. (A) The court of common pleas
| 1761 |
| 1762 | |
| 1763 | |
| 1764 | |
| 1765 | |
| 1766 | |
| 1767 | |
| 1768 | |
|
county may
| 1769 |
|
a term
of a court,
| 1770 |
|
jurors
| 1771 |
|
required for the trial of issues
at that term or part of a term | 1772 |
| 1773 |
| (B)(1) The court of common pleas of a county or a judge of | 1774 |
| the court of common pleas of a county may postpone the whole or a | 1775 |
| part of a juror's time of service on jury duty, after summoning | 1776 |
| the juror for jury duty, to either of the following: | 1777 |
| (a) To a later date during the same term of court or part of | 1778 |
| a term of court; | 1779 |
| (b) To a subsequent term of court or part of a term of court | 1780 |
| of the same jury year. | 1781 |
| (2) Each juror
| 1782 |
|
duty is postponed until a
| 1783 |
|
required to attend
| 1784 |
| 1785 | |
|
discharged, without
| 1786 |
| court. | 1787 |
| (C) The court of common pleas of a county, or a judge of the | 1788 |
| court of common pleas of a county, may excuse until a specified | 1789 |
| date one or more jurors summoned for jury duty whose attendance is | 1790 |
| not required for the trial of issues until that day. Each juror | 1791 |
| excused until a specified date may be required to attend the | 1792 |
| opening of court on that day and on each day after that day until | 1793 |
| the juror is discharged, without additional summons from the | 1794 |
| court. | 1795 |
| (D) The court of common pleas of a county or a judge of the | 1796 |
| court of common pleas of a county may excuse a juror, after | 1797 |
| summoning the juror for jury duty, from service on jury duty at | 1798 |
| that term of court for not more than three days at a time, if the | 1799 |
| exigencies of the juror's business require the juror's temporary | 1800 |
| excuse. | 1801 |
| Sec. 2313.24. (A) The court of common pleas of a county, or | 1802 |
|
a judge
| 1803 |
| specify by written order the number of jurors to be drawn for each | 1804 |
|
term
of that court, or part of a
term | 1805 |
| is divided into parts, to comply with sections 2313.01 to 2313.46 | 1806 |
|
of the Revised Code.
| 1807 |
| (B) A portion of the number of jurors ordered
| 1808 |
| 1809 | |
|
section shall be
| 1810 |
| for duty during the first three consecutive calendar weeks of the | 1811 |
|
term or part
of a term | 1812 |
| 1813 | |
|
the next three consecutive calendar weeks | 1814 |
| 1815 | |
|
three weeks
of the term of court.
| 1816 |
| 1817 |
| (C) Divisions (A) and (B) of this section shall not apply to | 1818 |
|
counties
with a population of less than
| 1819 |
|
thousand
| 1820 |
| of this section do not apply to a county, the court of common | 1821 |
| pleas of that county or a judge of the court of common pleas of | 1822 |
|
that county shall make rules
| 1823 |
| 1824 |
| (D) The commissioners of jurors may send
| 1825 |
|
to a juror whose
name is drawn, a printed notice | 1826 |
| the juror that
| 1827 |
|
be
| 1828 |
|
contain copies of
| 1829 |
|
of the Revised Code | 1830 |
| advisable. | 1831 |
| Section 2. That existing sections 1901.01, 1901.02, 1901.027, | 1832 |
| 1901.03, 1901.04, 1901.08, 1901.31, 1901.34, 1905.01, 1907.011, | 1833 |
| 1907.11, 2313.13, and 2313.24 of the Revised Code are hereby | 1834 |
| repealed. | 1835 |
| Section 3. That the versions of sections 1901.31 and 1905.01 | 1836 |
| of the Revised Code that are scheduled to take effect on January | 1837 |
| 1, 2004, be amended to read as follows: | 1838 |
| Sec. 1901.31. The clerk and deputy clerks of a municipal | 1839 |
| court shall be selected, be compensated, give bond, and have | 1840 |
| powers and duties as follows: | 1841 |
| (A) There shall be a clerk of the court who is appointed or | 1842 |
| elected as follows: | 1843 |
| (1)(a) Except in the Akron, Barberton, Cuyahoga Falls, | 1844 |
| Medina, Toledo, Clermont county, Hamilton county, Portage county, | 1845 |
| and Wayne county municipal courts, if the population of the | 1846 |
| territory equals or exceeds one hundred thousand at the regular | 1847 |
| municipal election immediately preceding the expiration of the | 1848 |
| term of the present clerk, the clerk shall be nominated and | 1849 |
| elected by the qualified electors of the territory in the manner | 1850 |
| that is provided for the nomination and election of judges in | 1851 |
| section 1901.07 of the Revised Code. | 1852 |
| The clerk so elected shall hold office for a term of six | 1853 |
| years, which term shall commence on the first day of January | 1854 |
| following the clerk's election and continue until the clerk's | 1855 |
| successor is elected and qualified. | 1856 |
| (b) In the Hamilton county municipal court, the clerk of | 1857 |
| courts of Hamilton county shall be the clerk of the municipal | 1858 |
| court and may appoint an assistant clerk who shall receive the | 1859 |
| compensation, payable out of the treasury of Hamilton county in | 1860 |
| semimonthly installments, that the board of county commissioners | 1861 |
| prescribes. The clerk of courts of Hamilton county, acting as the | 1862 |
| clerk of the Hamilton county municipal court and assuming the | 1863 |
| duties of that office, shall receive compensation at one-fourth | 1864 |
| the rate that is prescribed for the clerks of courts of common | 1865 |
| pleas as determined in accordance with the population of the | 1866 |
| county and the rates set forth in sections 325.08 and 325.18 of | 1867 |
| the Revised Code. This compensation shall be paid from the county | 1868 |
| treasury in semimonthly installments and is in addition to the | 1869 |
| annual compensation that is received for the performance of the | 1870 |
| duties of the clerk of courts of Hamilton county, as provided in | 1871 |
| sections 325.08 and 325.18 of the Revised Code. | 1872 |
| (c) In the Portage county and Wayne county municipal courts, | 1873 |
| the clerks of courts of Portage county and Wayne county shall be | 1874 |
| the clerks, respectively, of the Portage county and Wayne county | 1875 |
| municipal courts and may appoint a chief deputy clerk for each | 1876 |
| branch that is established pursuant to section 1901.311 of the | 1877 |
| Revised Code and assistant clerks as the judges of the municipal | 1878 |
| court determine are necessary, all of whom shall receive the | 1879 |
| compensation that the legislative authority prescribes. The | 1880 |
| clerks of courts of Portage county and Wayne county, acting as the | 1881 |
| clerks of the Portage county and Wayne county municipal courts and | 1882 |
| assuming the duties of these offices, shall receive compensation | 1883 |
| payable from the county treasury in semimonthly installments at | 1884 |
| one-fourth the rate that is prescribed for the clerks of courts of | 1885 |
| common pleas as determined in accordance with the population of | 1886 |
| the county and the rates set forth in sections 325.08 and 325.18 | 1887 |
| of the Revised Code. | 1888 |
| (d) Except as otherwise provided in division (A)(1)(d) of | 1889 |
| this section, in the Akron municipal court, candidates for | 1890 |
| election to the office of clerk of the court shall be nominated by | 1891 |
| primary election. The primary election shall be held on the day | 1892 |
| specified in the charter of the city of Akron for the nomination | 1893 |
| of municipal officers. Notwithstanding section 3513.257 of the | 1894 |
| Revised Code, the nominating petitions of independent candidates | 1895 |
| shall be signed by at least two hundred fifty qualified electors | 1896 |
| of the territory of the court. | 1897 |
| The candidates shall file a declaration of candidacy and | 1898 |
| petition, or a nominating petition, whichever is applicable, not | 1899 |
| later than four p.m. of the seventy-fifth day before the day of | 1900 |
| the primary election, in the form prescribed by section 3513.07 or | 1901 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 1902 |
| petition, or the nominating petition, shall conform to the | 1903 |
| applicable requirements of section 3513.05 or 3513.257 of the | 1904 |
| Revised Code. | 1905 |
| If no valid declaration of candidacy and petition is filed by | 1906 |
| any person for nomination as a candidate of a particular political | 1907 |
| party for election to the office of clerk of the Akron municipal | 1908 |
| court, a primary election shall not be held for the purpose of | 1909 |
| nominating a candidate of that party for election to that office. | 1910 |
| If only one person files a valid declaration of candidacy and | 1911 |
| petition for nomination as a candidate of a particular political | 1912 |
| party for election to that office, a primary election shall not be | 1913 |
| held for the purpose of nominating a candidate of that party for | 1914 |
| election to that office, and the candidate shall be issued a | 1915 |
| certificate of nomination in the manner set forth in section | 1916 |
| 3513.02 of the Revised Code. | 1917 |
| Declarations of candidacy and petitions, nominating | 1918 |
| petitions, and certificates of nomination for the office of clerk | 1919 |
| of the Akron municipal court shall contain a designation of the | 1920 |
| term for which the candidate seeks election. At the following | 1921 |
| regular municipal election, all candidates for the office shall be | 1922 |
| submitted to the qualified electors of the territory of the court | 1923 |
| in the manner that is provided in section 1901.07 of the Revised | 1924 |
| Code for the election of the judges of the court. The clerk so | 1925 |
| elected shall hold office for a term of six years, which term | 1926 |
| shall commence on the first day of January following the clerk's | 1927 |
| election and continue until the clerk's successor is elected and | 1928 |
| qualified. | 1929 |
| (e) In the Clermont county municipal court, the clerk of | 1930 |
| courts of Clermont county shall be the clerk of the municipal | 1931 |
| court. The clerk of courts of Clermont county, acting as the | 1932 |
| clerk of the Clermont county municipal court and assuming the | 1933 |
| duties of that office, shall receive compensation at one-fourth | 1934 |
| the rate that is prescribed for the clerks of courts of common | 1935 |
| pleas as determined in accordance with the population of the | 1936 |
| county and the rates set forth in sections 325.08 and 325.18 of | 1937 |
| the Revised Code. This compensation shall be paid from the county | 1938 |
| treasury in semimonthly installments and is in addition to the | 1939 |
| annual compensation that is received for the performance of the | 1940 |
| duties of the clerk of courts of Clermont county, as provided in | 1941 |
| sections 325.08 and 325.18 of the Revised Code. | 1942 |
| (f) Irrespective of the population of the territory of the | 1943 |
| Medina municipal court, the clerk of that court shall be appointed | 1944 |
| pursuant to division (A)(2)(a) of this section by the judges of | 1945 |
| that court, shall hold office until the clerk's successor is | 1946 |
| similarly appointed and qualified, and shall receive pursuant to | 1947 |
| division (C) of this section the annual compensation that the | 1948 |
| legislative authority prescribes and that is payable in | 1949 |
| semimonthly installments from the same sources and in the same | 1950 |
| manner as provided in section 1901.11 of the Revised Code. | 1951 |
| (g) Except as otherwise provided in division (A)(1)(g) of | 1952 |
| this section, in the Barberton municipal court, candidates for | 1953 |
| election to the office of clerk of the court shall be nominated by | 1954 |
| primary election. The primary election shall be held on the day | 1955 |
| specified in the charter of the city of Barberton for the | 1956 |
| nomination of municipal officers. Notwithstanding section | 1957 |
| 3513.257 of the Revised Code, the nominating petitions of | 1958 |
| independent candidates shall be signed by at least two hundred | 1959 |
| fifty qualified electors of the territory of the court. | 1960 |
| The candidates shall file a declaration of candidacy and | 1961 |
| petition, or a nominating petition, whichever is applicable, not | 1962 |
| later than four p.m. of the seventy-fifth day before the day of | 1963 |
| the primary election, in the form prescribed by section 3513.07 or | 1964 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 1965 |
| petition, or the nominating petition, shall conform to the | 1966 |
| applicable requirements of section 3513.05 or 3513.257 of the | 1967 |
| Revised Code. | 1968 |
| If no valid declaration of candidacy and petition is filed by | 1969 |
| any person for nomination as a candidate of a particular political | 1970 |
| party for election to the office of clerk of the Barberton | 1971 |
| municipal court, a primary election shall not be held for the | 1972 |
| purpose of nominating a candidate of that party for election to | 1973 |
| that office. If only one person files a valid declaration of | 1974 |
| candidacy and petition for nomination as a candidate of a | 1975 |
| particular political party for election to that office, a primary | 1976 |
| election shall not be held for the purpose of nominating a | 1977 |
| candidate of that party for election to that office, and the | 1978 |
| candidate shall be issued a certificate of nomination in the | 1979 |
| manner set forth in section 3513.02 of the Revised Code. | 1980 |
| Declarations of candidacy and petitions, nominating | 1981 |
| petitions, and certificates of nomination for the office of clerk | 1982 |
| of the Barberton municipal court shall contain a designation of | 1983 |
| the term for which the candidate seeks election. At the following | 1984 |
| regular municipal election, all candidates for the office shall be | 1985 |
| submitted to the qualified electors of the territory of the court | 1986 |
| in the manner that is provided in section 1901.07 of the Revised | 1987 |
| Code for the election of the judges of the court. The clerk so | 1988 |
| elected shall hold office for a term of six years, which term | 1989 |
| shall commence on the first day of January following the clerk's | 1990 |
| election and continue until the clerk's successor is elected and | 1991 |
| qualified. | 1992 |
| (h) Except as otherwise provided in division (A)(1)(h) of | 1993 |
| this section, in the Cuyahoga Falls municipal court, candidates | 1994 |
| for election to the office of clerk of the court shall be | 1995 |
| nominated by primary election. The primary election shall be held | 1996 |
| on the day specified in the charter of the city of Cuyahoga Falls | 1997 |
| for the nomination of municipal officers. Notwithstanding section | 1998 |
| 3513.257 of the Revised Code, the nominating petitions of | 1999 |
| independent candidates shall be signed by at least two hundred | 2000 |
| fifty qualified electors of the territory of the court. | 2001 |
| The candidates shall file a declaration of candidacy and | 2002 |
| petition, or a nominating petition, whichever is applicable, not | 2003 |
| later than four p.m. of the seventy-fifth day before the day of | 2004 |
| the primary election, in the form prescribed by section 3513.07 or | 2005 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 2006 |
| petition, or the nominating petition, shall conform to the | 2007 |
| applicable requirements of section 3513.05 or 3513.257 of the | 2008 |
| Revised Code. | 2009 |
| If no valid declaration of candidacy and petition is filed by | 2010 |
| any person for nomination as a candidate of a particular political | 2011 |
| party for election to the office of clerk of the Cuyahoga Falls | 2012 |
| municipal court, a primary election shall not be held for the | 2013 |
| purpose of nominating a candidate of that party for election to | 2014 |
| that office. If only one person files a valid declaration of | 2015 |
| candidacy and petition for nomination as a candidate of a | 2016 |
| particular political party for election to that office, a primary | 2017 |
| election shall not be held for the purpose of nominating a | 2018 |
| candidate of that party for election to that office, and the | 2019 |
| candidate shall be issued a certificate of nomination in the | 2020 |
| manner set forth in section 3513.02 of the Revised Code. | 2021 |
| Declarations of candidacy and petitions, nominating | 2022 |
| petitions, and certificates of nomination for the office of clerk | 2023 |
| of the Cuyahoga Falls municipal court shall contain a designation | 2024 |
| of the term for which the candidate seeks election. At the | 2025 |
| following regular municipal election, all candidates for the | 2026 |
| office shall be submitted to the qualified electors of the | 2027 |
| territory of the court in the manner that is provided in section | 2028 |
| 1901.07 of the Revised Code for the election of the judges of the | 2029 |
| court. The clerk so elected shall hold office for a term of six | 2030 |
| years, which term shall commence on the first day of January | 2031 |
| following the clerk's election and continue until the clerk's | 2032 |
| successor is elected and qualified. | 2033 |
| (i) Except as otherwise provided in division (A)(1)(i) of | 2034 |
| this section, in the Toledo municipal court, candidates for | 2035 |
| election to the office of clerk of the court shall be nominated by | 2036 |
| primary election. The primary election shall be held on the day | 2037 |
| specified in the charter of the city of Toledo for the nomination | 2038 |
| of municipal officers. Notwithstanding section 3513.257 of the | 2039 |
| Revised Code, the nominating petitions of independent candidates | 2040 |
| shall be signed by at least two hundred fifty qualified electors | 2041 |
| of the territory of the court. | 2042 |
| The candidates shall file a declaration of candidacy and | 2043 |
| petition, or a nominating petition, whichever is applicable, not | 2044 |
| later than four p.m. of the seventy-fifth day before the day of | 2045 |
| the primary election, in the form prescribed by section 3513.07 or | 2046 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 2047 |
| petition, or the nominating petition, shall conform to the | 2048 |
| applicable requirements of section 3513.05 or 3513.257 of the | 2049 |
| Revised Code. | 2050 |
| If no valid declaration of candidacy and petition is filed by | 2051 |
| any person for nomination as a candidate of a particular political | 2052 |
| party for election to the office of clerk of the Toledo municipal | 2053 |
| court, a primary election shall not be held for the purpose of | 2054 |
| nominating a candidate of that party for election to that office. | 2055 |
| If only one person files a valid declaration of candidacy and | 2056 |
| petition for nomination as a candidate of a particular political | 2057 |
| party for election to that office, a primary election shall not be | 2058 |
| held for the purpose of nominating a candidate of that party for | 2059 |
| election to that office, and the candidate shall be issued a | 2060 |
| certificate of nomination in the manner set forth in section | 2061 |
| 3513.02 of the Revised Code. | 2062 |
| Declarations of candidacy and petitions, nominating | 2063 |
| petitions, and certificates of nomination for the office of clerk | 2064 |
| of the Toledo municipal court shall contain a designation of the | 2065 |
| term for which the candidate seeks election. At the following | 2066 |
| regular municipal election, all candidates for the office shall be | 2067 |
| submitted to the qualified electors of the territory of the court | 2068 |
| in the manner that is provided in section 1901.07 of the Revised | 2069 |
| Code for the election of the judges of the court. The clerk so | 2070 |
| elected shall hold office for a term of six years, which term | 2071 |
| shall commence on the first day of January following the clerk's | 2072 |
| election and continue until the clerk's successor is elected and | 2073 |
| qualified. | 2074 |
| (2)(a) Except for the Alliance, Auglaize county, Brown | 2075 |
| county, Columbiana county, Lorain, Massillon, and Youngstown | 2076 |
| municipal courts, in a municipal court for which the population of | 2077 |
| the territory is less than one hundred thousand and in the Medina | 2078 |
| municipal court, the clerk shall be appointed by the court, and | 2079 |
| the clerk shall hold office until the clerk's successor is | 2080 |
| appointed and qualified. | 2081 |
| (b) In the Alliance, Lorain, Massillon, and Youngstown | 2082 |
| municipal courts, the clerk shall be elected for a term of office | 2083 |
| as described in division (A)(1)(a) of this section. | 2084 |
| (c) In the Auglaize county
and Brown county
municipal
| 2085 |
| courts, the
| 2086 |
| county shall be the
| 2087 |
| county and Brown county municipal
| 2088 |
| chief deputy clerk for each branch that is established pursuant to | 2089 |
| section 1901.311 of the Revised Code, and assistant clerks as the | 2090 |
| judge of the court determines are necessary, all of whom shall | 2091 |
| receive the compensation that the legislative authority | 2092 |
| prescribes. The
| 2093 |
| Brown county, acting as the
| 2094 |
| and Brown
county
municipal
| 2095 |
| 2096 | |
| the county treasury in semimonthly installments at one-fourth the | 2097 |
| rate that is prescribed for the clerks of courts of common pleas | 2098 |
| as determined in accordance with the population of the county and | 2099 |
| the rates set forth in sections 325.08 and 325.18 of the Revised | 2100 |
| Code. | 2101 |
| (d) In the Columbiana county municipal court, the clerk of | 2102 |
| courts of Columbiana county shall be the clerk of the municipal | 2103 |
| court, may appoint a chief deputy clerk for each branch office | 2104 |
| that is established pursuant to section 1901.311 of the Revised | 2105 |
| Code, and may appoint any assistant clerks that the judges of the | 2106 |
| court determine are necessary. All of the chief deputy clerks and | 2107 |
| assistant clerks shall receive the compensation that the | 2108 |
| legislative authority prescribes. The clerk of courts of | 2109 |
| Columbiana county, acting as the clerk of the Columbiana county | 2110 |
| municipal court and assuming the duties of that office, shall | 2111 |
| receive compensation payable from the county treasury in | 2112 |
| semimonthly installments at one-fourth the rate that is prescribed | 2113 |
| for the clerks of courts of common pleas as determined in | 2114 |
| accordance with the population of the county and the rates set | 2115 |
| forth in sections 325.08 and 325.18 of the Revised Code. | 2116 |
| (3) During the temporary absence of the clerk due to | 2117 |
| illness, vacation, or other proper cause, the court may appoint a | 2118 |
| temporary clerk, who shall be paid the same compensation, have the | 2119 |
| same authority, and perform the same duties as the clerk. | 2120 |
| (B) Except in the Clermont county, Hamilton county, Medina, | 2121 |
| Portage county, and Wayne county municipal courts, if a vacancy | 2122 |
| occurs in the office of the clerk of the Alliance, Lorain, | 2123 |
| Massillon, or Youngstown municipal court or occurs in the office | 2124 |
| of the clerk of a municipal court for which the population of the | 2125 |
| territory equals or exceeds one hundred thousand because the clerk | 2126 |
| ceases to hold the office before the end of the clerk's term or | 2127 |
| because a clerk-elect fails to take office, the vacancy shall be | 2128 |
| filled, until a successor is elected and qualified, by a person | 2129 |
| chosen by the residents of the territory of the court who are | 2130 |
| members of the county central committee of the political party by | 2131 |
| which the last occupant of that office or the clerk-elect was | 2132 |
| nominated. Not less than five nor more than fifteen days after a | 2133 |
| vacancy occurs, those members of that county central committee | 2134 |
| shall meet to make an appointment to fill the vacancy. At least | 2135 |
| four days before the date of the meeting, the chairperson or a | 2136 |
| secretary of the county central committee shall notify each such | 2137 |
| member of that county central committee by first class mail of the | 2138 |
| date, time, and place of the meeting and its purpose. A majority | 2139 |
| of all such members of that county central committee constitutes a | 2140 |
| quorum, and a majority of the quorum is required to make the | 2141 |
| appointment. If the office so vacated was occupied or was to be | 2142 |
| occupied by a person not nominated at a primary election, or if | 2143 |
| the appointment was not made by the committee members in | 2144 |
| accordance with this division, the court shall make an appointment | 2145 |
| to fill the vacancy. A successor shall be elected to fill the | 2146 |
| office for the unexpired term at the first municipal election that | 2147 |
| is held more than one hundred twenty days after the vacancy | 2148 |
| occurred. | 2149 |
| (C)(1) In a municipal court, other than the Auglaize county, | 2150 |
| the Brown county, the Columbiana county, and the Lorain municipal | 2151 |
| courts, for which the population of the territory is less than one | 2152 |
| hundred thousand and in the Medina municipal court, the clerk of | 2153 |
| the municipal court shall receive the annual compensation that the | 2154 |
| presiding judge of the court prescribes, if the revenue of the | 2155 |
| court for the preceding calendar year, as certified by the auditor | 2156 |
| or chief fiscal officer of the municipal corporation in which the | 2157 |
| court is located or, in the case of a county-operated municipal | 2158 |
| court, the county auditor, is equal to or greater than the | 2159 |
| expenditures, including any debt charges, for the operation of the | 2160 |
| court payable under this chapter from the city treasury or, in the | 2161 |
| case of a county-operated municipal court, the county treasury for | 2162 |
| that calendar year, as also certified by the auditor or chief | 2163 |
| fiscal officer. If the revenue of a municipal court, other than | 2164 |
| the Auglaize county, the Brown county, the Columbiana county, and | 2165 |
| the Lorain municipal courts, for which the population of the | 2166 |
| territory is less than one hundred thousand or the revenue of the | 2167 |
| Medina municipal court for the preceding calendar year as so | 2168 |
| certified is not equal to or greater than those expenditures for | 2169 |
| the operation of the court for that calendar year as so certified, | 2170 |
| the clerk of a municipal court shall receive the annual | 2171 |
| compensation that the legislative authority prescribes. As used | 2172 |
| in this division, "revenue" means the total of all costs and fees | 2173 |
| that are collected and paid to the city treasury or, in a | 2174 |
| county-operated municipal court, the county treasury by the clerk | 2175 |
| of the municipal court under division (F) of this section and all | 2176 |
| interest received and paid to the city treasury or, in a | 2177 |
| county-operated municipal court, the county treasury in relation | 2178 |
| to the costs and fees under division (G) of this section. | 2179 |
| (2) In a municipal court, other than the Clermont county, | 2180 |
| Hamilton county, Medina, Portage county, and Wayne county | 2181 |
| municipal courts, for which the population of the territory is one | 2182 |
| hundred thousand or more, and in the Lorain municipal court, the | 2183 |
| clerk of the municipal court shall receive annual compensation in | 2184 |
| a sum equal to eighty-five per cent of the salary of a judge of | 2185 |
| the court. | 2186 |
| (3) The compensation of a clerk described in division (C)(1) | 2187 |
| or (2) of this section is payable in semimonthly installments from | 2188 |
| the same sources and in the same manner as provided in section | 2189 |
| 1901.11 of the Revised Code. | 2190 |
| (D) Before entering upon the duties of the clerk's office, | 2191 |
| the clerk of a municipal court shall give bond of not less than | 2192 |
| six thousand dollars to be determined by the judges of the court, | 2193 |
| conditioned upon the faithful performance of the clerk's duties. | 2194 |
| (E) The clerk of a municipal court may do all of the | 2195 |
| following: administer oaths, take affidavits, and issue | 2196 |
| executions upon any judgment rendered in the court, including a | 2197 |
| judgment for unpaid costs; issue, sign, and attach the seal of the | 2198 |
| court to all writs, process, subpoenas, and papers issuing out of | 2199 |
| the court; and approve all bonds, sureties, recognizances, and | 2200 |
| undertakings fixed by any judge of the court or by law. The clerk | 2201 |
| may refuse to accept for filing any pleading or paper submitted | 2202 |
| for filing by a person who has been found to be a vexatious | 2203 |
| litigator under section 2323.52 of the Revised Code and who has | 2204 |
| failed to obtain leave to proceed under that section. The clerk | 2205 |
| shall do all of the following: file and safely keep all journals, | 2206 |
| records, books, and papers belonging or appertaining to the court; | 2207 |
| record the proceedings of the court; perform all other duties that | 2208 |
| the judges of the court may prescribe; and keep a book showing all | 2209 |
| receipts and disbursements, which book shall be open for public | 2210 |
| inspection at all times. | 2211 |
| The clerk shall prepare and maintain a general index, a | 2212 |
| docket, and other records that the court, by rule, requires, all | 2213 |
| of which shall be the public records of the court. In the docket, | 2214 |
| the clerk shall enter, at the time of the commencement of an | 2215 |
| action, the names of the parties in full, the names of the | 2216 |
| counsel, and the nature of the proceedings. Under proper dates, | 2217 |
| the clerk shall note the filing of the complaint, issuing of | 2218 |
| summons or other process, returns, and any subsequent pleadings. | 2219 |
| The clerk also shall enter all reports, verdicts, orders, | 2220 |
| judgments, and proceedings of the court, clearly specifying the | 2221 |
| relief granted or orders made in each action. The court may order | 2222 |
| an extended record of any of the above to be made and entered, | 2223 |
| under the proper action heading, upon the docket at the request of | 2224 |
| any party to the case, the expense of which record may be taxed as | 2225 |
| costs in the case or may be required to be prepaid by the party | 2226 |
| demanding the record, upon order of the court. | 2227 |
| (F) The clerk of a municipal court shall receive, collect, | 2228 |
| and issue receipts for all costs, fees, fines, bail, and other | 2229 |
| moneys payable to the office or to any officer of the court. The | 2230 |
| clerk shall each month disburse to the proper persons or officers, | 2231 |
| and take receipts for, all costs, fees, fines, bail, and other | 2232 |
| moneys that the clerk collects. Subject to sections 3375.50 and | 2233 |
| 4511.193 of the Revised Code and to any other section of the | 2234 |
| Revised Code that requires a specific manner of disbursement of | 2235 |
| any moneys received by a municipal court and except for the | 2236 |
| Hamilton county, Lawrence county, and Ottawa county municipal | 2237 |
| courts, the clerk shall pay all fines received for violation of | 2238 |
| municipal ordinances into the treasury of the municipal | 2239 |
| corporation the ordinance of which was violated and shall pay all | 2240 |
| fines received for violation of township resolutions adopted | 2241 |
| pursuant to Chapter 504. of the Revised Code into the treasury of | 2242 |
| the township the resolution of which was violated. Subject to | 2243 |
| sections 1901.024 and 4511.193 of the Revised Code, in the | 2244 |
| Hamilton county, Lawrence county, and Ottawa county municipal | 2245 |
| courts, the clerk shall pay fifty per cent of the fines received | 2246 |
| for violation of municipal ordinances and fifty per cent of the | 2247 |
| fines received for violation of township resolutions adopted | 2248 |
| pursuant to Chapter 504. of the Revised Code into the treasury of | 2249 |
| the county. Subject to sections 3375.50, 3375.53, 4511.19, and | 2250 |
| 5503.04 of the Revised Code and to any other section of the | 2251 |
| Revised Code that requires a specific manner of disbursement of | 2252 |
| any moneys received by a municipal court, the clerk shall pay all | 2253 |
| fines collected for the violation of state laws into the county | 2254 |
| treasury. Except in a county-operated municipal court, the clerk | 2255 |
| shall pay all costs and fees the disbursement of which is not | 2256 |
| otherwise provided for in the Revised Code into the city treasury. | 2257 |
| The clerk of a county-operated municipal court shall pay the costs | 2258 |
| and fees the disbursement of which is not otherwise provided for | 2259 |
| in the Revised Code into the county treasury. Moneys deposited as | 2260 |
| security for costs shall be retained pending the litigation. The | 2261 |
| clerk shall keep a separate account of all receipts and | 2262 |
| disbursements in civil and criminal cases, which shall be a | 2263 |
| permanent public record of the office. On the expiration of the | 2264 |
| term of the clerk, the clerk shall deliver the records to the | 2265 |
| clerk's successor. The clerk shall have other powers and duties | 2266 |
| as are prescribed by rule or order of the court. | 2267 |
| (G) All moneys paid into a municipal court shall be noted on | 2268 |
| the record of the case in which they are paid and shall be | 2269 |
| deposited in a state or national bank, or a domestic savings and | 2270 |
| loan association, as defined in section 1151.01 of the Revised | 2271 |
| Code, that is selected by the clerk. Any interest received upon | 2272 |
| the deposits shall be paid into the city treasury, except that, in | 2273 |
| a county-operated municipal court, the interest shall be paid into | 2274 |
| the treasury of the county in which the court is located. | 2275 |
| On the first Monday in January of each year, the clerk shall | 2276 |
| make a list of the titles of all cases in the court that were | 2277 |
| finally determined more than one year past in which there remains | 2278 |
| unclaimed in the possession of the clerk any funds, or any part of | 2279 |
| a deposit for security of costs not consumed by the costs in the | 2280 |
| case. The clerk shall give notice of the moneys to the parties | 2281 |
| who are entitled to the moneys or to their attorneys of record. | 2282 |
| All the moneys remaining unclaimed on the first day of April of | 2283 |
| each year shall be paid by the clerk to the city treasurer, except | 2284 |
| that, in a county-operated municipal court, the moneys shall be | 2285 |
| paid to the treasurer of the county in which the court is located. | 2286 |
| The treasurer shall pay any part of the moneys at any time to the | 2287 |
| person who has the right to the moneys upon proper certification | 2288 |
| of the clerk. | 2289 |
| (H) Deputy clerks may be appointed by the clerk and shall | 2290 |
| receive the compensation, payable in semimonthly installments out | 2291 |
| of the city treasury, that the clerk may prescribe, except that | 2292 |
| the compensation of any deputy clerk of a county-operated | 2293 |
| municipal court shall be paid out of the treasury of the county in | 2294 |
| which the court is located. Each deputy clerk shall take an oath | 2295 |
| of office before entering upon the duties of the deputy clerk's | 2296 |
| office and, when so qualified, may perform the duties appertaining | 2297 |
| to the office of the clerk. The clerk may require any of the | 2298 |
| deputy clerks to give bond of not less than three thousand | 2299 |
| dollars, conditioned for the faithful performance of the deputy | 2300 |
| clerk's duties. | 2301 |
| (I) For the purposes of this section, whenever the | 2302 |
| population of the territory of a municipal court falls below one | 2303 |
| hundred thousand but not below ninety thousand, and the population | 2304 |
| of the territory prior to the most recent regular federal census | 2305 |
| exceeded one hundred thousand, the legislative authority of the | 2306 |
| municipal corporation may declare, by resolution, that the | 2307 |
| territory shall be considered to have a population of at least one | 2308 |
| hundred thousand. | 2309 |
| (J) The clerk or a deputy clerk shall be in attendance at | 2310 |
| all sessions of the municipal court, although not necessarily in | 2311 |
| the courtroom, and may administer oaths to witnesses and jurors | 2312 |
| and receive verdicts. | 2313 |
| Sec. 1905.01. (A) In Georgetown in Brown county, in Mount | 2314 |
| Gilead in Morrow county, and in all other municipal corporations, | 2315 |
| other than Batavia in Clermont county, not being the site of a | 2316 |
| municipal court nor a place where a judge of the Auglaize county, | 2317 |
| Crawford county, Jackson county, Miami county, Portage county, or | 2318 |
| Wayne county municipal court sits as required pursuant to section | 2319 |
| 1901.021 of the Revised Code or by designation of the judges | 2320 |
| pursuant to section 1901.021 of the Revised Code, the mayor of the | 2321 |
| municipal corporation has jurisdiction, except as provided in | 2322 |
| divisions (B), (C), and (E) of this section and subject to the | 2323 |
| limitation contained in section 1905.03 and the limitation | 2324 |
| contained in section 1905.031 of the Revised Code, to hear and | 2325 |
| determine any prosecution for the violation of an ordinance of the | 2326 |
| municipal corporation, to hear and determine any case involving a | 2327 |
| violation of a vehicle parking or standing ordinance of the | 2328 |
| municipal corporation unless the violation is required to be | 2329 |
| handled by a parking violations bureau or joint parking violations | 2330 |
| bureau pursuant to Chapter 4521. of the Revised Code, and to hear | 2331 |
| and determine all criminal causes involving any moving traffic | 2332 |
| violation occurring on a state highway located within the | 2333 |
| boundaries of the municipal corporation, subject to the | 2334 |
| limitations of sections 2937.08 and 2938.04 of the Revised Code. | 2335 |
| (B)(1) In Georgetown in Brown county, in Mount Gilead in | 2336 |
| Morrow county, and in all other municipal corporations, other than | 2337 |
| Batavia in Clermont county, not being the site of a municipal | 2338 |
| court nor a place where a judge of a court listed in division (A) | 2339 |
| of this section sits as required pursuant to section 1901.021 of | 2340 |
| the Revised Code or by designation of the judges pursuant to | 2341 |
| section 1901.021 of the Revised Code, the mayor of the municipal | 2342 |
| corporation has jurisdiction, subject to the limitation contained | 2343 |
| in section 1905.03 of the Revised Code, to hear and determine | 2344 |
| prosecutions involving a violation of an ordinance of the | 2345 |
| municipal corporation relating to operating a vehicle while under | 2346 |
| the influence of alcohol, a drug of abuse, or a combination of | 2347 |
| them or relating to operating a vehicle with a prohibited | 2348 |
| concentration of alcohol in the whole blood, blood serum or | 2349 |
| plasma, breath, or urine, and to hear and determine criminal | 2350 |
| causes involving a violation of section 4511.19 of the Revised | 2351 |
| Code that occur on a state highway located within the boundaries | 2352 |
| of the municipal corporation, subject to the limitations of | 2353 |
| sections 2937.08 and 2938.04 of the Revised Code, only if the | 2354 |
| person charged with the violation, within six years of the date of | 2355 |
| the violation charged, has not been convicted of or pleaded guilty | 2356 |
| to any of the following: | 2357 |
| (a) A violation of an ordinance of any municipal corporation | 2358 |
| relating to operating a vehicle while under the influence of | 2359 |
| alcohol, a drug of abuse, or a combination of them or relating | 2360 |
| to operating a vehicle with a prohibited concentration of alcohol | 2361 |
| in the whole blood, blood serum or plasma, breath, or urine; | 2362 |
| (b) A violation of section 4511.19 of the Revised Code; | 2363 |
| (c) A violation of any ordinance of any municipal | 2364 |
| corporation or of any section of the Revised Code that regulates | 2365 |
| the operation of vehicles, streetcars, and trackless trolleys upon | 2366 |
| the highways or streets, to which all of the following apply: | 2367 |
| (i) The person, in the case in which the conviction was | 2368 |
| obtained or the plea of guilty was entered, had been charged with | 2369 |
| a violation of an ordinance of a type described in division | 2370 |
| (B)(1)(a) of this section, or with a violation of section 4511.19 | 2371 |
| of the Revised Code; | 2372 |
| (ii) The charge of the violation described in division | 2373 |
| (B)(1)(c)(i) of this section was dismissed or reduced; | 2374 |
| (iii) The violation of which the person was convicted or to | 2375 |
| which the person pleaded guilty arose out of the same facts and | 2376 |
| circumstances and the same act as did the charge that was | 2377 |
| dismissed or reduced. | 2378 |
| (d) A violation of a statute of the United States or of any | 2379 |
| other state or a municipal ordinance of a municipal corporation | 2380 |
| located in any other state that is substantially similar to | 2381 |
| section 4511.19 of the Revised Code. | 2382 |
| (2) The mayor of a municipal corporation does not have | 2383 |
| jurisdiction to hear and determine any prosecution or criminal | 2384 |
| cause involving a violation described in division (B)(1)(a) or (b) | 2385 |
| of this section, regardless of where the violation occurred, if | 2386 |
| the person charged with the violation, within six years of the | 2387 |
| violation charged, has been convicted of or pleaded guilty to any | 2388 |
| violation listed in division (B)(1)(a), (b), (c), or (d) of this | 2389 |
| section. | 2390 |
| If the mayor of a municipal corporation, in hearing a | 2391 |
| prosecution involving a violation of an ordinance of the municipal | 2392 |
| corporation the mayor serves relating to operating a vehicle while | 2393 |
| under the influence of alcohol, a drug of abuse, or a | 2394 |
| combination of them or relating to operating a vehicle with a | 2395 |
| prohibited concentration of alcohol in the whole blood, blood | 2396 |
| serum or plasma, breath, or urine, or in hearing a criminal cause | 2397 |
| involving a violation of section 4511.19 of the Revised Code, | 2398 |
| determines that the person charged, within six years of the | 2399 |
| violation charged, has been convicted of or pleaded guilty to any | 2400 |
| violation listed in division (B)(1)(a), (b), (c), or (d) of this | 2401 |
| section, the mayor immediately shall transfer the case to the | 2402 |
| county court or municipal court with jurisdiction over the | 2403 |
| violation charged, in accordance with section 1905.032 of the | 2404 |
| Revised Code. | 2405 |
| (C)(1) In Georgetown in Brown county, in Mount Gilead in | 2406 |
| Morrow county, and in all other municipal corporations, other than | 2407 |
| Batavia in Clermont county, not being the site of a municipal | 2408 |
| court and not being a place where a judge of a court listed in | 2409 |
| division (A) of this section sits as required pursuant to section | 2410 |
| 1901.021 of the Revised Code or by designation of the judges | 2411 |
| pursuant to section 1901.021 of the Revised Code, the mayor of the | 2412 |
| municipal corporation, subject to sections 1901.031, 2937.08, and | 2413 |
| 2938.04 of the Revised Code, has jurisdiction to hear and | 2414 |
| determine prosecutions involving a violation of a municipal | 2415 |
| ordinance that is substantially equivalent to division (A) of | 2416 |
| section 4510.14 or section 4510.16 of the Revised Code and to | 2417 |
| hear and determine criminal causes that involve a moving traffic | 2418 |
| violation, that involve a violation of division (A) of section | 2419 |
| 4510.14 or section 4510.16 of the Revised Code, and that occur on | 2420 |
| a state highway located within the boundaries of the municipal | 2421 |
| corporation only if all of the following apply regarding the | 2422 |
| violation and the person charged: | 2423 |
| (a) Regarding a violation of section 4510.16 of the | 2424 |
| Revised Code or a violation of a municipal ordinance that is | 2425 |
| substantially equivalent to that division, the person charged with | 2426 |
| the violation, within six years of the date of the violation | 2427 |
| charged, has not been convicted of or pleaded guilty to any of the | 2428 |
| following: | 2429 |
| (i) A violation of section 4510.16 of the Revised Code; | 2430 |
| (ii) A violation of a municipal ordinance that is | 2431 |
| substantially equivalent to section 4510.16 of the Revised Code; | 2432 |
| (iii) A violation of any municipal ordinance or section of | 2433 |
| the Revised Code that regulates the operation of vehicles, | 2434 |
| streetcars, and trackless trolleys upon the highways or streets, | 2435 |
| in a case in which, after a charge against the person of a | 2436 |
| violation of a type described in division (C)(1)(a)(i) or (ii) of | 2437 |
| this section was dismissed or reduced, the person is convicted of | 2438 |
| or pleads guilty to a violation that arose out of the same facts | 2439 |
| and circumstances and the same act as did the charge that was | 2440 |
| dismissed or reduced. | 2441 |
| (b) Regarding a violation of division (A) of section | 2442 |
| 4510.14 of the Revised Code or a violation of a municipal | 2443 |
| ordinance that is substantially equivalent to that division, the | 2444 |
| person charged with the violation, within six years of the date | 2445 |
| of the violation charged, has not been convicted of or pleaded | 2446 |
| guilty to any of the following: | 2447 |
| (i) A violation of division (A) of section 4510.14 of the | 2448 |
| Revised Code; | 2449 |
| (ii) A violation of a municipal ordinance that is | 2450 |
| substantially equivalent to division (A) of section 4510.14 of | 2451 |
| the Revised Code; | 2452 |
| (iii) A violation of any municipal ordinance or section of | 2453 |
| the Revised Code that regulates the operation of vehicles, | 2454 |
| streetcars, and trackless trolleys upon the highways or streets in | 2455 |
| a case in which, after a charge against the person of a violation | 2456 |
| of a type described in division (C)(1)(b)(i) or (ii) of this | 2457 |
| section was dismissed or reduced, the person is convicted of or | 2458 |
| pleads guilty to a violation that arose out of the same facts and | 2459 |
| circumstances and the same act as did the charge that was | 2460 |
| dismissed or reduced. | 2461 |
| (2) The mayor of a municipal corporation does not have | 2462 |
| jurisdiction to hear and determine any prosecution or criminal | 2463 |
| cause involving a violation described in division (C)(1)(a)(i) or | 2464 |
| (ii) of this section if the person charged with the violation, | 2465 |
| within six years of the violation charged, has been convicted of | 2466 |
| or pleaded guilty to any violation listed in division | 2467 |
| (C)(1)(a)(i), (ii), or (iii) of this section and does not have | 2468 |
| jurisdiction to hear and determine any prosecution or criminal | 2469 |
| cause involving a violation described in division (C)(1)(b)(i) or | 2470 |
| (ii) of this section if the person charged with the violation, | 2471 |
| within six years of the violation charged, has been convicted of | 2472 |
| or pleaded guilty to any violation listed in division | 2473 |
| (C)(1)(b)(i), (ii), or (iii) of this section. | 2474 |
| (3) If the mayor of a municipal corporation, in hearing a | 2475 |
| prosecution involving a violation of an ordinance of the municipal | 2476 |
| corporation the mayor serves that is substantially equivalent to | 2477 |
| division (A) of section 4510.14 or section 4510.16 of the | 2478 |
| Revised Code or a violation of division (A) of section 4510.14 or | 2479 |
| section 4510.16 of the Revised Code, determines that, under | 2480 |
| division (C)(2) of this section, mayors do not have jurisdiction | 2481 |
| of the prosecution, the mayor immediately shall transfer the case | 2482 |
| to the county court or municipal court with jurisdiction over the | 2483 |
| violation in accordance with section 1905.032 of the Revised Code. | 2484 |
| (D) If the mayor of a municipal corporation has jurisdiction | 2485 |
| pursuant to division (B)(1) of this section to hear and determine | 2486 |
| a prosecution or criminal cause involving a violation described in | 2487 |
| division (B)(1)(a) or (b) of this section, the authority of the | 2488 |
| mayor to hear or determine the prosecution or cause is subject to | 2489 |
| the limitation contained in division (C) of section 1905.03 of the | 2490 |
| Revised Code. If the mayor of a municipal corporation has | 2491 |
| jurisdiction pursuant to division (A) or (C) of this section to | 2492 |
| hear and determine a prosecution or criminal cause involving a | 2493 |
| violation other than a violation described in division (B)(1)(a) | 2494 |
| or (b) of this section, the authority of the mayor to hear or | 2495 |
| determine the prosecution or cause is subject to the limitation | 2496 |
| contained in division (C) of section 1905.031 of the Revised Code. | 2497 |
| (E)(1) The mayor of a municipal corporation does not have | 2498 |
| jurisdiction to hear and determine any prosecution or criminal | 2499 |
| cause involving any of the following: | 2500 |
| (a) A violation of section 2919.25 or 2919.27 of the Revised | 2501 |
| Code; | 2502 |
| (b) A violation of section 2903.11, 2903.12, 2903.13, | 2503 |
| 2903.211, or 2911.211 of the Revised Code that involves a person | 2504 |
| who was a family or household member of the defendant at the time | 2505 |
| of the violation; | 2506 |
| (c) A violation of a municipal ordinance that is | 2507 |
| substantially equivalent to an offense described in division | 2508 |
| (E)(1)(a) or (b) of this section and that involves a person who | 2509 |
| was a family or household member of the defendant at the time of | 2510 |
| the violation. | 2511 |
| (2) The mayor of a municipal corporation does not have | 2512 |
| jurisdiction to hear and determine a motion filed pursuant to | 2513 |
| section 2919.26 of the Revised Code or filed pursuant to a | 2514 |
| municipal ordinance that is substantially equivalent to that | 2515 |
| section or to issue a protection order pursuant to that section or | 2516 |
| a substantially equivalent municipal ordinance. | 2517 |
| (3) As used in this section, "family or household member" | 2518 |
| has the same meaning as in section 2919.25 of the Revised Code. | 2519 |
| (F) In keeping a docket and files, the mayor, and a mayor's | 2520 |
| court magistrate appointed under section 1905.05 of the Revised | 2521 |
| Code, shall be governed by the laws pertaining to county courts. | 2522 |
| Section 4. That the existing versions of sections 1901.31 and | 2523 |
| 1905.01 of the Revised Code that are scheduled to take effect on | 2524 |
| January 1, 2004, are hereby repealed. | 2525 |
| Section 5. Sections 3 and 4 of this act shall take effect on | 2526 |
| January 1, 2004. | 2527 |
| Section 6. (A)(1) Effective February 9, 2003, the Brown | 2528 |
| County County Court is abolished. | 2529 |
| (2) All causes, executions, and other proceedings pending in | 2530 |
| the Brown County County Court at the close of business on February | 2531 |
| 8, 2003, shall be transferred to and proceed in the Brown County | 2532 |
| Municipal Court on February 9, 2003, as if originally instituted | 2533 |
| in the Brown County Municipal Court. Parties to those causes, | 2534 |
| judgments, executions, and proceedings may make any amendments to | 2535 |
| their pleadings that are required to conform them to the rules of | 2536 |
| the Brown County Municipal Court. The Clerk of the Brown County | 2537 |
| County Court or other custodian shall transfer to the Brown County | 2538 |
| Municipal Court all pleadings, orders, entries, dockets, bonds, | 2539 |
| papers, records, books, exhibits, files, moneys, property, and | 2540 |
| persons that belong to, are in the possession of, or are subject | 2541 |
| to the jurisdiction of the Brown County County Court, or any | 2542 |
| officer of that court, at the close of business on February 8, | 2543 |
| 2003, and that pertain to those causes, judgments, executions, and | 2544 |
| proceedings. | 2545 |
| (3) All employees of the Brown County County Court shall be | 2546 |
| transferred to and shall become employees of the Brown County | 2547 |
| Municipal Court on February 9, 2003. | 2548 |
| (4) Effective February 9, 2003, both part-time judgeships in | 2549 |
| the Brown County County Court are abolished; however, the | 2550 |
| part-time judge of that court who is not elected in the general | 2551 |
| election of November 2002 as the judge of the probate division of | 2552 |
| the Brown County Court of Common Pleas shall serve from February | 2553 |
| 9, 2003, to December 31, 2005, as the full-time judge of the Brown | 2554 |
| County Municipal Court, who is deemed to be the successor to that | 2555 |
| part-time judge. | 2556 |
| (B)(1) Effective January 1, 2003, the Morrow County County | 2557 |
| Court is abolished. | 2558 |
| (2) All causes, executions, and other proceedings pending in | 2559 |
| the Morrow County County Court at the close of business on | 2560 |
| December 31, 2002, shall be transferred to and proceed in the | 2561 |
| Morrow County Municipal Court on January 1, 2003, as if originally | 2562 |
| instituted in the Morrow County Municipal Court. Parties to those | 2563 |
| causes, judgments, executions, and proceedings may make any | 2564 |
| amendments to their pleadings that are required to conform them to | 2565 |
| the rules of the Morrow County Municipal Court. The Clerk of the | 2566 |
| Morrow County County Court or other custodian shall transfer to | 2567 |
| the Morrow County Municipal Court all pleadings, orders, entries, | 2568 |
| dockets, bonds, papers, records, books, exhibits, files, moneys, | 2569 |
| property, and persons that belong to, are in the possession of, or | 2570 |
| are subject to the jurisdiction of the Morrow County County Court, | 2571 |
| or any officer of that court, at the close of business on December | 2572 |
| 31, 2002, and that pertain to those causes, judgments, executions, | 2573 |
| and proceedings. | 2574 |
| (3) All employees of the Morrow County County Court shall be | 2575 |
| transferred to and shall become employees of the Morrow County | 2576 |
| Municipal Court on January 1, 2003. | 2577 |
| (4) Effective January 1, 2003, the part-time judgeship in the | 2578 |
| Morrow County County Court is abolished; however, the part-time | 2579 |
| judge of that court shall serve from January 1, 2003, to December | 2580 |
| 31, 2005, as the full-time judge of the Morrow County Municipal | 2581 |
| Court, who is deemed to be the successor to that part-time judge. | 2582 |
| Section 7. This act is hereby declared to be an emergency | 2583 |
| measure necessary for the immediate preservation of the public | 2584 |
| peace, health, and safety. The reason for such necessity is that | 2585 |
| the Brown County Municipal Court and the Morrow County Municipal | 2586 |
| Court created by this act and the designation by this act of the | 2587 |
| specified current county court judges to serve as judges in those | 2588 |
| created courts are crucial for the proper, timely, and efficient | 2589 |
| administration of justice in Brown County and Morrow County. | 2590 |
| Therefore, this act shall go into immediate effect. | 2591 |