| (3) "Vexatious litigator" means any person who has | 22 |
|
habitually,
persistently, and without reasonable grounds engaged | 23 |
|
in vexatious conduct in a
civil action or actions, whether in the | 24 |
|
court of claims or in a
court of appeals, court of
common
pleas, | 25 |
|
municipal court,
or county court,
whether the person or another | 26 |
|
person instituted the civil action
or actions, and whether the | 27 |
|
vexatious
conduct was against the same
party or
against different | 28 |
|
parties in the civil action or actions.
"Vexatious
litigator"
does | 29 |
|
not include a person who is authorized
to practice law in the | 30 |
|
courts of
this state under the Ohio Supreme
Court
Rules for the | 31 |
|
Government of the Bar of
Ohio unless that
person is representing | 32 |
|
or has represented self pro
se in the civil
action or actions. | 33 |
| (B) A person, the office of the attorney general, or a | 34 |
|
prosecuting attorney, city director of law,
village solicitor, or | 35 |
|
similar chief legal officer of a municipal corporation
who has | 36 |
|
defended against habitual and persistent vexatious conduct in the | 37 |
|
court of claims or in a
court of appeals, court
of common
pleas, | 38 |
|
municipal court,
or county court may
commence a civil action
in a | 39 |
|
court of common pleas with
jurisdiction over the person who | 40 |
|
allegedly
engaged in the habitual
and
persistent vexatious conduct | 41 |
|
to have that person declared a
vexatious
litigator. The person, | 42 |
|
office of the attorney general,
prosecuting attorney,
city | 43 |
|
director of law, village solicitor, or
similar chief legal officer | 44 |
|
of a
municipal corporation may
commence this civil action while | 45 |
|
the civil action or
actions in
which the habitual and persistent | 46 |
|
vexatious
conduct occurred are
still pending or within one year | 47 |
|
after the termination of
the
civil action or actions in which the | 48 |
|
habitual and persistent
vexatious conduct occurred. | 49 |
| (2) If the court of common pleas finds a person who is | 72 |
|
authorized to
practice law in the courts of this state under the | 73 |
|
Ohio Supreme
Court Rules for the Government of the Bar
of
Ohio to | 74 |
|
be a vexatious litigator and enters an order described in
division | 75 |
|
(D)(1) of this section in connection with that finding, the
order | 76 |
|
shall apply to the person only insofar as the person would seek to | 77 |
|
institute proceedings described in division (D)(1)(a) of
this | 78 |
|
section on a pro se basis, continue proceedings described in | 79 |
|
division
(D)(1)(b) of this section on a pro se basis, or make an | 80 |
|
application described in division (D)(1)(c) of this section
on a | 81 |
|
pro se basis. The order shall not apply to the person insofar as | 82 |
|
the person
represents one or more other persons in the person's | 83 |
|
capacity as a licensed
and
registered attorney in a civil or | 84 |
|
criminal action or proceeding or other
matter
in a court of common | 85 |
|
pleas, municipal court,
or county court or in
the court
of
claims. | 86 |
|
Division (D)(2) of this
section does not affect any remedy
that
is | 87 |
|
available to a court or
an adversely affected party under section | 88 |
|
2323.51
or
another
section of the Revised Code, under Civil
Rule | 89 |
|
11 or another
provision of the Ohio Rules of
Civil Procedure, or | 90 |
|
under the
common law of this state as a
result of frivolous | 91 |
|
conduct or other
inappropriate conduct by an attorney who | 92 |
|
represents one or more
clients in connection with a civil or | 93 |
|
criminal action
or
proceeding or other matter in a court of common | 94 |
|
pleas, municipal
court,
or
county court or in the court of | 95 |
|
claims. | 96 |
| (3) A person who is subject to an order entered pursuant to | 97 |
|
division (D)(1) of this section may not institute legal | 98 |
|
proceedings in a court of appeals, continue any legal proceedings | 99 |
|
that the vexatious litigator had instituted in a court of appeals | 100 |
|
prior to entry of the order, or make any application, other than | 101 |
|
the application for leave to proceed allowed by division (F)(2) of | 102 |
|
this section, in any legal proceedings instituted by the vexatious | 103 |
|
litigator or another person in a court of appeals without first | 104 |
|
obtaining leave of the court of appeals to proceed pursuant to | 105 |
|
division (F)(2) of this section. | 106 |
| (F)(1) A court of common pleas that entered an order under | 110 |
|
division
(D)(1) of this section shall not grant a person found to | 111 |
|
be a
vexatious
litigator leave for the institution or continuance | 112 |
|
of, or the making of an
application in, legal proceedings in the | 113 |
|
court of claims or in a court of
common
pleas, municipal
court,
or | 114 |
|
county court
unless the court of common pleas that entered that | 115 |
|
order is
satisfied that the proceedings or application are not an | 116 |
|
abuse of
process of the court in question and that there are | 117 |
|
reasonable
grounds for the
proceedings or application.
If a | 118 |
|
person who has
been found to be a
vexatious litigator under this | 119 |
|
section requests
the court of common pleas that
entered an order | 120 |
|
under division
(D)(1) of this section to grant the
person
leave to | 121 |
proceed as
described in
this division
(F)(1) of this section, the | 122 |
|
period of time commencing
with the
filing with that court of an | 123 |
|
application for the issuance of an
order
granting leave to proceed | 124 |
|
and ending with the issuance of an
order of that
nature shall not | 125 |
|
be computed as a part of an
applicable period of limitations | 126 |
|
within which the legal
proceedings or application involved | 127 |
|
generally must be
instituted
or made. | 128 |
| (2) A person who is subject to an order entered pursuant to | 129 |
|
division (D)(1) of this section and who seeks to institute or | 130 |
|
continue any legal proceedings in a court of appeals or to make an | 131 |
|
application, other than an application for leave to proceed under | 132 |
|
division (F)(2) of this section, in any legal proceedings in a | 133 |
|
court of appeals shall file an application for leave to proceed in | 134 |
|
the court of appeals in which the legal proceedings would be | 135 |
|
instituted or are pending. The court of appeals shall not grant a | 136 |
|
person found to be a vexatious litigator leave for the institution | 137 |
|
or continuance of, or the making of an application in, legal | 138 |
|
proceedings in the court of appeals unless the court of appeals is | 139 |
|
satisfied that the proceedings or application are not an abuse of | 140 |
|
process of the court and that there are reasonable grounds for the | 141 |
|
proceedings or application. If a person who has been found to be | 142 |
|
a vexatious litigator under this section requests the court of | 143 |
|
appeals to grant the person leave to proceed as described in | 144 |
|
division (F)(2) of this section, the period of time commencing | 145 |
|
with the filing with the court of an application for the issuance | 146 |
|
of an order granting leave to proceed and ending with the issuance | 147 |
|
of an order of that nature shall not be computed as a part of an | 148 |
|
applicable period of limitations within which the legal | 149 |
|
proceedings or application involved generally must be instituted | 150 |
|
or made. | 151 |
| (G) During the period of time that the order entered under | 152 |
|
division (D)(1) of this section is in force, no appeal by the | 153 |
|
person who is the subject of that order shall lie from a decision | 154 |
|
of the court
of common pleas
or court of appeals under division | 155 |
|
(F) of this section
that denies that
person leave for the | 156 |
|
institution or continuance
of, or the making of an
application in, | 157 |
|
legal proceedings in the
court of claims or in a
court of
appeals, | 158 |
|
court of
common
pleas, municipal court,
or county court. | 159 |
| (H) The clerk of the court of common pleas that enters an | 160 |
|
order
under division
(D)(1) of this section shall send a certified | 161 |
|
copy of the order to
the
supreme court for publication in a manner | 162 |
|
that the supreme court
determines is appropriate and that will | 163 |
|
facilitate the clerk of the court of
claims
and a clerk of a
court | 164 |
|
of appeals, court of common pleas, municipal court,
or county | 165 |
|
court in refusing to accept pleadings or
other papers submitted | 166 |
|
for filing by
persons who have been found
to be a vexatious | 167 |
|
litigator under this section and
who have failed
to obtain leave | 168 |
|
to proceed under this section. | 169 |
| (I) Whenever it appears by suggestion of the parties or | 170 |
|
otherwise
that a person found to be a vexatious litigator under | 171 |
|
this section has
instituted, continued, or made an application in | 172 |
|
legal
proceedings without obtaining leave to proceed from the | 173 |
|
appropriate court of
common pleas
or court of appeals to do so | 174 |
|
under division
(F) of
this section, the court in which the legal | 175 |
|
proceedings are
pending
shall dismiss the proceedings or | 176 |
|
application of the vexatious
litigator. | 177 |
| The clerk of the court of common pleas, acting as the clerk | 182 |
|
of the court of appeals for the county, shall perform the
duties | 183 |
|
otherwise performed and collect the fees otherwise collected by | 184 |
|
the clerk of the court of common pleas, as set forth in section | 185 |
|
2303.03 of the Revised Code, and shall maintain the files and | 186 |
|
records of the court.
The clerk of the court of common pleas, | 187 |
|
acting as the clerk of the court of appeals for the county, may | 188 |
|
refuse to accept for filing any pleading or paper submitted for | 189 |
|
filing by a person who has been found to be a vexatious litigator | 190 |
|
under section 2323.52 of the Revised Code and who has failed to | 191 |
|
obtain leave from the court of appeals to proceed under that | 192 |
|
section. The overhead expenses
pertaining to the
office of the | 193 |
|
clerk of the court of common pleas
that result from
the clerk's | 194 |
|
acting as clerk of the court of
appeals for
the county, other
than | 195 |
|
wages and salaries, shall be
paid from the funds provided
under | 196 |
|
sections 2501.18 and 2501.181
of the Revised Code. | 197 |
| Each officer and employee appointed pursuant to this
section | 198 |
|
shall take an oath of office, serve at the pleasure of
the court, | 199 |
|
and perform any duties that the court directs. Each
shorthand | 200 |
|
reporter shall have the powers that are vested in
official | 201 |
|
shorthand reporters of the court of common pleas under
sections | 202 |
|
2301.18 to 2301.26 of the Revised Code. Whenever an
opinion, per | 203 |
|
curiam, or report of a case has been prepared in
accordance with | 204 |
|
section 2503.20 of the Revised Code, the official
shorthand | 205 |
|
reporter immediately shall forward one copy of the
opinion, per | 206 |
|
curiam, or report to the reporter of the supreme
court, without | 207 |
|
expense to the reporter. | 208 |
| (B) The court of appeals may determine that, for the | 209 |
|
efficient
operation of the court, additional funds are necessary | 210 |
|
to acquire and pay for
special projects of the court, including, | 211 |
|
but not limited to, the acquisition
of additional facilities or | 212 |
|
the rehabilitation of existing facilities, the
acquisition of | 213 |
|
equipment, the hiring and training of staff, the employment of | 214 |
|
magistrates, the training and
education of judges, acting judges, | 215 |
|
and magistrates, community service
programs, and other
related | 216 |
|
services. Upon that determination, the court by rule may charge a | 217 |
|
fee, in addition to all other court costs, on the filing of each | 218 |
|
case or cause
over which the court has jurisdiction. | 219 |
| If the court of appeals offers a special program or service | 220 |
|
in cases of a
specific type, the court by rule may assess an | 221 |
|
additional charge in a case of
that type, over and above court | 222 |
|
costs, to cover the special program or
service. The court shall | 223 |
|
adjust the special assessment periodically, but not
retroactively, | 224 |
|
so that the amount assessed in those cases does not exceed the | 225 |
|
actual cost of providing the service or program. | 226 |
| All moneys collected under division (B) of this section shall | 227 |
|
be
paid to the county treasurer of the county selected as the | 228 |
|
principal seat of
that court of appeals for deposit into either a | 229 |
|
general special projects fund
or a fund established for a specific | 230 |
|
special project. Moneys from a fund of
that nature shall be | 231 |
|
disbursed upon an order of the court in an amount no
greater than | 232 |
|
the actual cost to the court of a project. If a specific fund is | 233 |
|
terminated because of the discontinuance of a program or service | 234 |
|
established
under division (B) of this section, the court may | 235 |
|
order that moneys
remaining in the fund be transferred to an | 236 |
|
account established under this
division for a similar purpose. | 237 |
| Sec. 2503.17. (A) Except as provided in division (B) and | 238 |
|
subject to
division (C) of this section, the clerk of the supreme | 239 |
|
court
shall charge and
collect forty dollars, as a filing fee, for | 240 |
|
each case entered
upon the minute book, including, but not limited | 241 |
|
to, original
actions in the court, appeals filed as of right, and | 242 |
|
cases
certified by the courts of appeals for review on the ground | 243 |
|
of
conflict of decisions; and for each motion to certify the | 244 |
|
record
of a court of appeals or for leave to file a notice of | 245 |
|
appeal in
criminal cases. The filing fees so charged and | 246 |
|
collected shall
be in full for docketing the cases or motions, | 247 |
|
making dockets
from term to term, indexing and entering | 248 |
|
appearances, issuing
process, filing papers, entering rules, | 249 |
|
motions, orders,
continuances, decrees, and judgments, making | 250 |
|
lists of causes on
the regular docket for publication each year, | 251 |
|
making and
certifying orders, decrees, and judgments of the court | 252 |
|
to other
tribunals, and the issuing of mandates. Except as | 253 |
|
provided in
division (B) of this section, the party invoking the | 254 |
|
action of
the court shall pay the filing fee to the clerk before | 255 |
|
the case
or motion is docketed, and it shall be taxed as costs and | 256 |
|
recovered from the other party if the party invoking the action
of | 257 |
|
the court succeeds, unless the court otherwise directs. | 258 |
| (2) "Civil action or appeal against a governmental entity or | 305 |
|
employee"
does not include any civil action that an inmate | 306 |
|
commences against the state,
a political subdivision, or an | 307 |
|
employee of the state or a political
subdivision
in the court of | 308 |
|
claims
or the supreme court or an appeal of the judgment or order | 309 |
|
entered by the
court of claims in a civil action of that nature, | 310 |
|
that an inmate files in a
court of appeals or the supreme court. | 311 |
| (F) "Political subdivision" means a county, township, city, | 325 |
|
or
village; the office of an elected officer of a county, | 326 |
|
township, city, or
village; or a department, board, office, | 327 |
|
commission, agency, institution, or
other instrumentality of a | 328 |
|
county, township, city, or village. | 329 |
| (a) The clerk of the court in which the civil action or | 342 |
|
appeal is
filed shall notify the inmate and either the department | 343 |
|
of rehabilitation and
correction, the
sheriff
or other | 344 |
|
administrator of the jail or workhouse, or the
administrator of | 345 |
|
the violation sanction center, whichever has physical custody
of | 346 |
|
the inmate, of the deductions and
procedures required by divisions | 347 |
|
(A) to (D) of this section,
and shall identify in the notice the | 348 |
|
civil action or appeal by case
name, case number, name of each | 349 |
|
party, and the court in which the civil action
or appeal was | 350 |
|
brought. | 351 |
| (b) The clerk of the court in which the civil action or | 352 |
|
appeal is
filed shall charge to the inmate either the total | 353 |
|
payment of the requisite
fees that are described in section | 354 |
|
2303.20 of the Revised Code or that
otherwise are
applicable to | 355 |
|
actions or appeals filed in that court or, if the inmate has | 356 |
|
submitted an affidavit of indigency, all funds in the
inmate | 357 |
|
account of that inmate in excess of ten dollars, and shall notify | 358 |
|
the
inmate of the charge. | 359 |
| (c) Unless the amount charged under division
(A)(1)(b) of | 360 |
|
this section constitutes the
total amount of the requisite fees, | 361 |
|
all income in the inmate account of the
inmate shall be forwarded | 362 |
|
to the clerk of the court during each calendar month
following the | 363 |
|
month in which the inmate filed the civil action or appeal until | 364 |
|
the total payment of the requisite fees occurs. The first ten | 365 |
|
dollars in the
inmate account of the inmate each month
shall be | 366 |
|
excluded from that forwarding requirement. If multiple charges | 367 |
|
are
assessed to an inmate account under this division, charges | 368 |
|
shall be calculated
on the basis of the inmate's total income and | 369 |
|
shall be paid as described in
this division until the charges | 370 |
|
exceed one hundred per cent of nonexcluded
funds in the inmate | 371 |
|
account; thereafter, all unpaid fees
shall be paid simultaneously | 372 |
|
from the inmate account of the inmate to the
appropriate court or | 373 |
|
courts pro rata. | 374 |
| (d) Upon receipt of the notice of the requisite fees payable | 375 |
|
pursuant to divisions (A)(1)(a) to (c) of
this section, the | 376 |
|
department, sheriff or other
administrator of the jail or | 377 |
|
workhouse, or the administrator of the
violation sanction center | 378 |
|
shall deduct from the inmate account of
the inmate and transmit to | 379 |
|
the clerk of the appropriate court the appropriate
amounts of the | 380 |
|
requisite fees as described in divisions
(A)(1)(b) and (c) of this | 381 |
|
section. | 382 |
| (3) This section does not limit the clerk of a court of | 386 |
|
common pleas,
court of appeals, county court, or municipal court | 387 |
or the clerk of the supreme
court from considering any other | 388 |
|
inmate resources separate and apart from an
inmate account of an | 389 |
|
inmate in evaluating the inmate's ability to pay court
costs, | 390 |
|
fees, awards, or other amounts. | 391 |
| (B) An inmate who commences a civil action or appeal against | 392 |
|
a
governmental entity or employee on or after October 17,
1996, | 393 |
|
shall be considered to have authorized payment as the plaintiff in | 394 |
|
the civil
action or the appellant in the appeal of the requisite | 395 |
|
fees that are described
in section 2303.20 of the Revised Code or | 396 |
|
that otherwise are
applicable to actions or appeals filed in the | 397 |
|
court in which the action or
appeal is filed, using the procedures | 398 |
|
set forth in this section, until total
payment of the requisite | 399 |
|
fees. | 400 |
| (C)(1) If an inmate files a civil action or appeal against
a | 401 |
|
government entity or employee on or after October 17,
1996, upon | 402 |
|
the
termination of the civil action or
appeal, the
clerk of the | 403 |
|
court in which the action or appeal was filed shall notify the | 404 |
|
department of rehabilitation and
correction, the sheriff or other | 405 |
|
administrator
of the jail or
workhouse, or the administrator of | 406 |
|
the violation sanction center
of the outcome of the civil action | 407 |
|
or appeal and shall identify the civil
action or appeal by case | 408 |
|
name, case number, name of each party, and the court
in which the | 409 |
|
civil action or appeal was brought. | 410 |
| (D) If an inmate is to be released from confinement prior to | 416 |
|
the
total payment of the
requisite fees as provided in divisions | 417 |
|
(A) and
(B) of this section, the
department of rehabilitation and | 418 |
|
correction, the
sheriff or other administrator
of the jail or | 419 |
|
workhouse, or the administrator of the violation sanction center, | 420 |
|
whichever has physical custody of the inmate, shall inform the | 421 |
|
clerk of the
court of common pleas, court of appeals, county | 422 |
court,
or municipal court, or
supreme court of the release. The | 423 |
|
department, sheriff or other
administrator
of the jail or | 424 |
|
workhouse, or administrator of the violation sanction
center shall | 425 |
|
deduct from the
inmate account of the inmate in
the month of the | 426 |
|
inmate's release from custody an amount sufficient to pay the | 427 |
|
remainder of the
requisite fees owed and transmit that amount to | 428 |
|
the clerk. If there are
insufficient funds in the inmate account | 429 |
|
of the inmate to totally pay the
requisite fees, the department, | 430 |
|
sheriff or other administrator of the
jail or
workhouse, or | 431 |
|
administrator of the violation sanction center
shall deduct the | 432 |
|
balance of the account and
transmit that amount to the clerk. The | 433 |
|
clerk shall inform the
court of the amount of the requisite fees | 434 |
|
still owed. | 435 |
| (4) The outcome of the civil action or appeal,
including | 448 |
|
whether the court dismissed the civil action or appeal as | 449 |
|
frivolous or malicious under state or federal law or rule of | 450 |
|
court, whether
the court made
an award against the inmate or the | 451 |
|
inmate's counsel of
record for frivolous conduct under section | 452 |
|
2323.51 of the
Revised Code, another statute, or a rule of court, | 453 |
|
and, if
the
court so dismissed the action or appeal or made an | 454 |
|
award of that nature, the
date of the final order affirming the | 455 |
|
dismissal or award. | 456 |
| (B) If an inmate who files a civil
action in a court of | 457 |
|
common pleas, court of appeals, county court, or
municipal court | 458 |
or in the supreme court or an inmate who files an appeal from
a | 459 |
|
judgment or order in a civil action in any of those courts has | 460 |
|
filed three
or more civil actions or appeals of civil actions in a | 461 |
|
court of
record in this state in the preceding twelve months or | 462 |
|
previously has been
subject to the review procedure described in | 463 |
|
this division, the court may
appoint a member of the bar to review | 464 |
|
the claim that is the basis of the civil
action or the issues of | 465 |
|
law that are the basis of the appeal and to make a
recommendation | 466 |
|
regarding whether the claim asserted in the action or the
issues | 467 |
|
of law raised in the appeal are frivolous or malicious under | 468 |
|
section
2969.24 of the
Revised Code, any other provision of law, | 469 |
|
or rule of court. | 470 |
| (C) If an inmate who files a civil
action or appeal against | 471 |
|
a government entity or employee seeks a waiver
of the prepayment | 472 |
|
of the full filing fees assessed by the court in which the
action | 473 |
|
or appeal is filed, the inmate shall file with the complaint or | 474 |
|
notice of
appeal an affidavit that the inmate is seeking a waiver | 475 |
|
of the prepayment of
the court's full filing fees and an affidavit | 476 |
|
of indigency. The affidavit of
waiver and the affidavit of | 477 |
|
indigency shall contain all of the following: | 478 |