SENATOR Schuring

To amend sections 1901.31 and 2501.011 of the Revised

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Code to add one additional judge for the Fifth

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District Court of Appeals, to create the separate

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office of clerk of the Clermont County Municipal

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Court, to amend the version of section 1901.31 of

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the Revised Code that is scheduled to take effect

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January 1, 2004, to continue the provisions of

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this act on and after that effective date, and to

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declare an emergency.

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

Section 1. That sections 1901.31 and 2501.011 of the Revised	10
Code be amended to read as follows:	11

Sec. 1901.31.  The clerk and deputy clerks of a municipal	12
court shall be selected, be compensated, give bond, and have	13
powers and duties as follows:	14

(A) There shall be a clerk of the court who is appointed or	15
elected as follows:	16

(1)(a) Except in the Akron, Barberton, Cuyahoga Falls,	17
Medina, Toledo, Clermont county, Hamilton county, Portage county,	18
and Wayne county municipal courts, if the population of the	19
territory equals or exceeds one hundred thousand at the regular	20
municipal election immediately preceding the expiration of the	21
term of the present clerk, the clerk shall be nominated and	22
elected by the qualified electors of the territory in the manner	23
that is provided for the nomination and election of judges in	24
section 1901.07 of the Revised Code.	25

The clerk so elected shall hold office for a term of six	26
years, which term shall commence on the first day of January	27
following the clerk's election and continue until the clerk's	28
successor is elected and qualified.	29

(b) In the Hamilton county municipal court, the clerk of	30
courts of Hamilton county shall be the clerk of the municipal	31
court and may appoint an assistant clerk who shall receive the	32
compensation, payable out of the treasury of Hamilton county in	33
semimonthly installments, that the board of county commissioners	34
prescribes. The clerk of courts of Hamilton county, acting as the	35
clerk of the Hamilton county municipal court and assuming the	36
duties of that office, shall receive compensation at one-fourth	37
the rate that is prescribed for the clerks of courts of common	38
pleas as determined in accordance with the population of the	39
county and the rates set forth in sections 325.08 and 325.18 of	40
the Revised Code. This compensation shall be paid from the county	41
treasury in semimonthly installments and is in addition to the	42
annual compensation that is received for the performance of the	43
duties of the clerk of courts of Hamilton county, as provided in	44
sections 325.08 and 325.18 of the Revised Code.	45

(c) In the Portage county and Wayne county municipal courts,	46
the clerks of courts of Portage county and Wayne county shall be	47
the clerks, respectively, of the Portage county and Wayne county	48
municipal courts and may appoint a chief deputy clerk for each	49
branch that is established pursuant to section 1901.311 of the	50
Revised Code and assistant clerks as the judges of the municipal	51
court determine are necessary, all of whom shall receive the	52
compensation that the legislative authority prescribes. The clerks	53
of courts of Portage county and Wayne county, acting as the clerks	54
of the Portage county and Wayne county municipal courts and	55
assuming the duties of these offices, shall receive compensation	56
payable from the county treasury in semimonthly installments at	57
one-fourth the rate that is prescribed for the clerks of courts of	58
common pleas as determined in accordance with the population of	59
the county and the rates set forth in sections 325.08 and 325.18	60
of the Revised Code.	61

(d) Except as otherwise provided in division (A)(1)(d) of	62
this section, in the Akron municipal court, candidates for	63
election to the office of clerk of the court shall be nominated by	64
primary election. The primary election shall be held on the day	65
specified in the charter of the city of Akron for the nomination	66
of municipal officers. Notwithstanding section 3513.257 of the	67
Revised Code, the nominating petitions of independent candidates	68
shall be signed by at least two hundred fifty qualified electors	69
of the territory of the court.	70

The candidates shall file a declaration of candidacy and	71
petition, or a nominating petition, whichever is applicable, not	72
later than four p.m. of the seventy-fifth day before the day of	73
the primary election, in the form prescribed by section 3513.07 or	74
3513.261 of the Revised Code. The declaration of candidacy and	75
petition, or the nominating petition, shall conform to the	76
applicable requirements of section 3513.05 or 3513.257 of the	77
Revised Code.	78

If no valid declaration of candidacy and petition is filed by	79
any person for nomination as a candidate of a particular political	80
party for election to the office of clerk of the Akron municipal	81
court, a primary election shall not be held for the purpose of	82
nominating a candidate of that party for election to that office.	83
If only one person files a valid declaration of candidacy and	84
petition for nomination as a candidate of a particular political	85
party for election to that office, a primary election shall not be	86
held for the purpose of nominating a candidate of that party for	87
election to that office, and the candidate shall be issued a	88
certificate of nomination in the manner set forth in section	89
3513.02 of the Revised Code.	90

Declarations of candidacy and petitions, nominating	91
petitions, and certificates of nomination for the office of clerk	92
of the Akron municipal court shall contain a designation of the	93
term for which the candidate seeks election. At the following	94
regular municipal election, all candidates for the office shall be	95
submitted to the qualified electors of the territory of the court	96
in the manner that is provided in section 1901.07 of the Revised	97
Code for the election of the judges of the court. The clerk so	98
elected shall hold office for a term of six years, which term	99
shall commence on the first day of January following the clerk's	100
election and continue until the clerk's successor is elected and	101
qualified.	102

(e) In the Clermont county municipal court, the clerk of	103
courts of Clermont county shall be the clerk of the municipal	104
court. The clerk of courts of Clermont county, acting as the clerk	105
of the Clermont county municipal court and assuming the duties of	106
that office, shall receive compensation at one-fourth the rate	107
that is prescribed for the clerks of courts of common pleas as	108
determined in accordance with the population of the county and the	109
rates set forth in sections 325.08 and 325.18 of the Revised Code.	110
This compensation shall be paid from the county treasury in	111
semimonthly installments and is in addition to the annual	112
compensation that is received for the performance of the duties of	113
the clerk of courts of Clermont county, as provided in sections	114
325.08 and 325.18 of the Revised Code.	115

(f) Irrespective of the population of the territory of the	116
Medina municipal court, the clerk of that court shall be appointed	117
pursuant to division (A)(2)(a) of this section by the judges of	118
that court, shall hold office until the clerk's successor is	119
similarly appointed and qualified, and shall receive pursuant to	120
division (C) of this section the annual compensation that the	121
legislative authority prescribes and that is payable in	122
semimonthly installments from the same sources and in the same	123
manner as provided in section 1901.11 of the Revised Code.	124

(g)(f) Except as otherwise provided in division (A)(1)(g)(f)	125
of this section, in the Barberton municipal court, candidates for	126
election to the office of clerk of the court shall be nominated by	127
primary election. The primary election shall be held on the day	128
specified in the charter of the city of Barberton for the	129
nomination of municipal officers. Notwithstanding section 3513.257	130
of the Revised Code, the nominating petitions of independent	131
candidates shall be signed by at least two hundred fifty qualified	132
electors of the territory of the court.	133

The candidates shall file a declaration of candidacy and	134
petition, or a nominating petition, whichever is applicable, not	135
later than four p.m. of the seventy-fifth day before the day of	136
the primary election, in the form prescribed by section 3513.07 or	137
3513.261 of the Revised Code. The declaration of candidacy and	138
petition, or the nominating petition, shall conform to the	139
applicable requirements of section 3513.05 or 3513.257 of the	140
Revised Code.	141

If no valid declaration of candidacy and petition is filed by	142
any person for nomination as a candidate of a particular political	143
party for election to the office of clerk of the Barberton	144
municipal court, a primary election shall not be held for the	145
purpose of nominating a candidate of that party for election to	146
that office. If only one person files a valid declaration of	147
candidacy and petition for nomination as a candidate of a	148
particular political party for election to that office, a primary	149
election shall not be held for the purpose of nominating a	150
candidate of that party for election to that office, and the	151
candidate shall be issued a certificate of nomination in the	152
manner set forth in section 3513.02 of the Revised Code.	153

Declarations of candidacy and petitions, nominating	154
petitions, and certificates of nomination for the office of clerk	155
of the Barberton municipal court shall contain a designation of	156
the term for which the candidate seeks election. At the following	157
regular municipal election, all candidates for the office shall be	158
submitted to the qualified electors of the territory of the court	159
in the manner that is provided in section 1901.07 of the Revised	160
Code for the election of the judges of the court. The clerk so	161
elected shall hold office for a term of six years, which term	162
shall commence on the first day of January following the clerk's	163
election and continue until the clerk's successor is elected and	164
qualified.	165

(h)(g) Except as otherwise provided in division (A)(1)(h)(g)	166
of this section, in the Cuyahoga Falls municipal court, candidates	167
for election to the office of clerk of the court shall be	168
nominated by primary election. The primary election shall be held	169
on the day specified in the charter of the city of Cuyahoga Falls	170
for the nomination of municipal officers. Notwithstanding section	171
3513.257 of the Revised Code, the nominating petitions of	172
independent candidates shall be signed by at least two hundred	173
fifty qualified electors of the territory of the court.	174

The candidates shall file a declaration of candidacy and	175
petition, or a nominating petition, whichever is applicable, not	176
later than four p.m. of the seventy-fifth day before the day of	177
the primary election, in the form prescribed by section 3513.07 or	178
3513.261 of the Revised Code. The declaration of candidacy and	179
petition, or the nominating petition, shall conform to the	180
applicable requirements of section 3513.05 or 3513.257 of the	181
Revised Code.	182

If no valid declaration of candidacy and petition is filed by	183
any person for nomination as a candidate of a particular political	184
party for election to the office of clerk of the Cuyahoga Falls	185
municipal court, a primary election shall not be held for the	186
purpose of nominating a candidate of that party for election to	187
that office. If only one person files a valid declaration of	188
candidacy and petition for nomination as a candidate of a	189
particular political party for election to that office, a primary	190
election shall not be held for the purpose of nominating a	191
candidate of that party for election to that office, and the	192
candidate shall be issued a certificate of nomination in the	193
manner set forth in section 3513.02 of the Revised Code.	194

Declarations of candidacy and petitions, nominating	195
petitions, and certificates of nomination for the office of clerk	196
of the Cuyahoga Falls municipal court shall contain a designation	197
of the term for which the candidate seeks election. At the	198
following regular municipal election, all candidates for the	199
office shall be submitted to the qualified electors of the	200
territory of the court in the manner that is provided in section	201
1901.07 of the Revised Code for the election of the judges of the	202
court. The clerk so elected shall hold office for a term of six	203
years, which term shall commence on the first day of January	204
following the clerk's election and continue until the clerk's	205
successor is elected and qualified.	206

(i)(h) Except as otherwise provided in division (A)(1)(i)(h)	207
of this section, in the Toledo municipal court, candidates for	208
election to the office of clerk of the court shall be nominated by	209
primary election. The primary election shall be held on the day	210
specified in the charter of the city of Toledo for the nomination	211
of municipal officers. Notwithstanding section 3513.257 of the	212
Revised Code, the nominating petitions of independent candidates	213
shall be signed by at least two hundred fifty qualified electors	214
of the territory of the court.	215

The candidates shall file a declaration of candidacy and	216
petition, or a nominating petition, whichever is applicable, not	217
later than four p.m. of the seventy-fifth day before the day of	218
the primary election, in the form prescribed by section 3513.07 or	219
3513.261 of the Revised Code. The declaration of candidacy and	220
petition, or the nominating petition, shall conform to the	221
applicable requirements of section 3513.05 or 3513.257 of the	222
Revised Code.	223

If no valid declaration of candidacy and petition is filed by	224
any person for nomination as a candidate of a particular political	225
party for election to the office of clerk of the Toledo municipal	226
court, a primary election shall not be held for the purpose of	227
nominating a candidate of that party for election to that office.	228
If only one person files a valid declaration of candidacy and	229
petition for nomination as a candidate of a particular political	230
party for election to that office, a primary election shall not be	231
held for the purpose of nominating a candidate of that party for	232
election to that office, and the candidate shall be issued a	233
certificate of nomination in the manner set forth in section	234
3513.02 of the Revised Code.	235

Declarations of candidacy and petitions, nominating	236
petitions, and certificates of nomination for the office of clerk	237
of the Toledo municipal court shall contain a designation of the	238
term for which the candidate seeks election. At the following	239
regular municipal election, all candidates for the office shall be	240
submitted to the qualified electors of the territory of the court	241
in the manner that is provided in section 1901.07 of the Revised	242
Code for the election of the judges of the court. The clerk so	243
elected shall hold office for a term of six years, which term	244
shall commence on the first day of January following the clerk's	245
election and continue until the clerk's successor is elected and	246
qualified.	247

(2)(a) Except for the Alliance, Auglaize county, Brown	248
county, Columbiana county, Lorain, Massillon, and Youngstown	249
municipal courts, in a municipal court for which the population of	250
the territory is less than one hundred thousand and in the Medina	251
municipal court, the clerk shall be appointed by the court, and	252
the clerk shall hold office until the clerk's successor is	253
appointed and qualified.	254

(b) In the Alliance, Lorain, Massillon, and Youngstown	255
municipal courts, the clerk shall be elected for a term of office	256
as described in division (A)(1)(a) of this section.	257

(c) In the Auglaize county and Brown county municipal courts,	258
the clerks of courts of Auglaize county and Brown county shall be	259
the clerks, respectively, of the Auglaize county and Brown county	260
municipal courts and may appoint a chief deputy clerk for each	261
branch that is established pursuant to section 1901.311 of the	262
Revised Code, and assistant clerks as the judge of the court	263
determines are necessary, all of whom shall receive the	264
compensation that the legislative authority prescribes. The clerks	265
of courts of Auglaize county and Brown county, acting as the	266
clerks of the Auglaize county and Brown county municipal courts	267
and assuming the duties of these offices, shall receive	268
compensation payable from the county treasury in semimonthly	269
installments at one-fourth the rate that is prescribed for the	270
clerks of courts of common pleas as determined in accordance with	271
the population of the county and the rates set forth in sections	272
325.08 and 325.18 of the Revised Code.	273

(d) In the Columbiana county municipal court, the clerk of	274
courts of Columbiana county shall be the clerk of the municipal	275
court, may appoint a chief deputy clerk for each branch office	276
that is established pursuant to section 1901.311 of the Revised	277
Code, and may appoint any assistant clerks that the judges of the	278
court determine are necessary. All of the chief deputy clerks and	279
assistant clerks shall receive the compensation that the	280
legislative authority prescribes. The clerk of courts of	281
Columbiana county, acting as the clerk of the Columbiana county	282
municipal court and assuming the duties of that office, shall	283
receive compensation payable from the county treasury in	284
semimonthly installments at one-fourth the rate that is prescribed	285
for the clerks of courts of common pleas as determined in	286
accordance with the population of the county and the rates set	287
forth in sections 325.08 and 325.18 of the Revised Code.	288

(3) During the temporary absence of the clerk due to illness,	289
vacation, or other proper cause, the court may appoint a temporary	290
clerk, who shall be paid the same compensation, have the same	291
authority, and perform the same duties as the clerk.	292

(B) Except in the Clermont county, Hamilton county, Medina,	293
Portage county, and Wayne county municipal courts, if a vacancy	294
occurs in the office of the clerk of the Alliance, Lorain,	295
Massillon, or Youngstown municipal court or occurs in the office	296
of the clerk of a municipal court for which the population of the	297
territory equals or exceeds one hundred thousand because the clerk	298
ceases to hold the office before the end of the clerk's term or	299
because a clerk-elect fails to take office, the vacancy shall be	300
filled, until a successor is elected and qualified, by a person	301
chosen by the residents of the territory of the court who are	302
members of the county central committee of the political party by	303
which the last occupant of that office or the clerk-elect was	304
nominated. Not less than five nor more than fifteen days after a	305
vacancy occurs, those members of that county central committee	306
shall meet to make an appointment to fill the vacancy. At least	307
four days before the date of the meeting, the chairperson or a	308
secretary of the county central committee shall notify each such	309
member of that county central committee by first class mail of the	310
date, time, and place of the meeting and its purpose. A majority	311
of all such members of that county central committee constitutes a	312
quorum, and a majority of the quorum is required to make the	313
appointment. If the office so vacated was occupied or was to be	314
occupied by a person not nominated at a primary election, or if	315
the appointment was not made by the committee members in	316
accordance with this division, the court shall make an appointment	317
to fill the vacancy. A successor shall be elected to fill the	318
office for the unexpired term at the first municipal election that	319
is held more than one hundred twenty days after the vacancy	320
occurred.	321

(C)(1) In a municipal court, other than the Auglaize county,	322
the Brown county, the Columbiana county, and the Lorain municipal	323
courts, for which the population of the territory is less than one	324
hundred thousand and in the Medina municipal court, the clerk of	325
the municipal court shall receive the annual compensation that the	326
presiding judge of the court prescribes, if the revenue of the	327
court for the preceding calendar year, as certified by the auditor	328
or chief fiscal officer of the municipal corporation in which the	329
court is located or, in the case of a county-operated municipal	330
court, the county auditor, is equal to or greater than the	331
expenditures, including any debt charges, for the operation of the	332
court payable under this chapter from the city treasury or, in the	333
case of a county-operated municipal court, the county treasury for	334
that calendar year, as also certified by the auditor or chief	335
fiscal officer. If the revenue of a municipal court, other than	336
the Auglaize county, the Brown county, the Columbiana county, and	337
the Lorain municipal courts, for which the population of the	338
territory is less than one hundred thousand or the revenue of the	339
Medina municipal court for the preceding calendar year as so	340
certified is not equal to or greater than those expenditures for	341
the operation of the court for that calendar year as so certified,	342
the clerk of a municipal court shall receive the annual	343
compensation that the legislative authority prescribes. As used in	344
this division, "revenue" means the total of all costs and fees	345
that are collected and paid to the city treasury or, in a	346
county-operated municipal court, the county treasury by the clerk	347
of the municipal court under division (F) of this section and all	348
interest received and paid to the city treasury or, in a	349
county-operated municipal court, the county treasury in relation	350
to the costs and fees under division (G) of this section.	351

(2) In a municipal court, other than the Clermont county,	352
Hamilton county, Medina, Portage county, and Wayne county	353
municipal courts, for which the population of the territory is one	354
hundred thousand or more, and in the Lorain municipal court, the	355
clerk of the municipal court shall receive annual compensation in	356
a sum equal to eighty-five per cent of the salary of a judge of	357
the court.	358

(3) The compensation of a clerk described in division (C)(1)	359
or (2) of this section is payable in semimonthly installments from	360
the same sources and in the same manner as provided in section	361
1901.11 of the Revised Code.	362

(D) Before entering upon the duties of the clerk's office,	363
the clerk of a municipal court shall give bond of not less than	364
six thousand dollars to be determined by the judges of the court,	365
conditioned upon the faithful performance of the clerk's duties.	366

(E) The clerk of a municipal court may do all of the	367
following: administer oaths, take affidavits, and issue executions	368
upon any judgment rendered in the court, including a judgment for	369
unpaid costs; issue, sign, and attach the seal of the court to all	370
writs, process, subpoenas, and papers issuing out of the court;	371
and approve all bonds, sureties, recognizances, and undertakings	372
fixed by any judge of the court or by law. The clerk may refuse to	373
accept for filing any pleading or paper submitted for filing by a	374
person who has been found to be a vexatious litigator under	375
section 2323.52 of the Revised Code and who has failed to obtain	376
leave to proceed under that section. The clerk shall do all of the	377
following: file and safely keep all journals, records, books, and	378
papers belonging or appertaining to the court; record the	379
proceedings of the court; perform all other duties that the judges	380
of the court may prescribe; and keep a book showing all receipts	381
and disbursements, which book shall be open for public inspection	382
at all times.	383

The clerk shall prepare and maintain a general index, a	384
docket, and other records that the court, by rule, requires, all	385
of which shall be the public records of the court. In the docket,	386
the clerk shall enter, at the time of the commencement of an	387
action, the names of the parties in full, the names of the	388
counsel, and the nature of the proceedings. Under proper dates,	389
the clerk shall note the filing of the complaint, issuing of	390
summons or other process, returns, and any subsequent pleadings.	391
The clerk also shall enter all reports, verdicts, orders,	392
judgments, and proceedings of the court, clearly specifying the	393
relief granted or orders made in each action. The court may order	394
an extended record of any of the above to be made and entered,	395
under the proper action heading, upon the docket at the request of	396
any party to the case, the expense of which record may be taxed as	397
costs in the case or may be required to be prepaid by the party	398
demanding the record, upon order of the court.	399

(F) The clerk of a municipal court shall receive, collect,	400
and issue receipts for all costs, fees, fines, bail, and other	401
moneys payable to the office or to any officer of the court. The	402
clerk shall each month disburse to the proper persons or officers,	403
and take receipts for, all costs, fees, fines, bail, and other	404
moneys that the clerk collects. Subject to sections 3375.50 and	405
4511.193 of the Revised Code and to any other section of the	406
Revised Code that requires a specific manner of disbursement of	407
any moneys received by a municipal court and except for the	408
Hamilton county, Lawrence county, and Ottawa county municipal	409
courts, the clerk shall pay all fines received for violation of	410
municipal ordinances into the treasury of the municipal	411
corporation the ordinance of which was violated and shall pay all	412
fines received for violation of township resolutions adopted	413
pursuant to Chapter 504. of the Revised Code into the treasury of	414
the township the resolution of which was violated. Subject to	415
sections 1901.024 and 4511.193 of the Revised Code, in the	416
Hamilton county, Lawrence county, and Ottawa county municipal	417
courts, the clerk shall pay fifty per cent of the fines received	418
for violation of municipal ordinances and fifty per cent of the	419
fines received for violation of township resolutions adopted	420
pursuant to Chapter 504. of the Revised Code into the treasury of	421
the county. Subject to sections 3375.50, 3375.53, 4511.99, and	422
5503.04 of the Revised Code and to any other section of the	423
Revised Code that requires a specific manner of disbursement of	424
any moneys received by a municipal court, the clerk shall pay all	425
fines collected for the violation of state laws into the county	426
treasury. Except in a county-operated municipal court, the clerk	427
shall pay all costs and fees the disbursement of which is not	428
otherwise provided for in the Revised Code into the city treasury.	429
The clerk of a county-operated municipal court shall pay the costs	430
and fees the disbursement of which is not otherwise provided for	431
in the Revised Code into the county treasury. Moneys deposited as	432
security for costs shall be retained pending the litigation. The	433
clerk shall keep a separate account of all receipts and	434
disbursements in civil and criminal cases, which shall be a	435
permanent public record of the office. On the expiration of the	436
term of the clerk, the clerk shall deliver the records to the	437
clerk's successor. The clerk shall have other powers and duties as	438
are prescribed by rule or order of the court.	439

(G) All moneys paid into a municipal court shall be noted on	440
the record of the case in which they are paid and shall be	441
deposited in a state or national bank, or a domestic savings and	442
loan association, as defined in section 1151.01 of the Revised	443
Code, that is selected by the clerk. Any interest received upon	444
the deposits shall be paid into the city treasury, except that, in	445
a county-operated municipal court, the interest shall be paid into	446
the treasury of the county in which the court is located.	447

On the first Monday in January of each year, the clerk shall	448
make a list of the titles of all cases in the court that were	449
finally determined more than one year past in which there remains	450
unclaimed in the possession of the clerk any funds, or any part of	451
a deposit for security of costs not consumed by the costs in the	452
case. The clerk shall give notice of the moneys to the parties who	453
are entitled to the moneys or to their attorneys of record. All	454
the moneys remaining unclaimed on the first day of April of each	455
year shall be paid by the clerk to the city treasurer, except	456
that, in a county-operated municipal court, the moneys shall be	457
paid to the treasurer of the county in which the court is located.	458
The treasurer shall pay any part of the moneys at any time to the	459
person who has the right to the moneys upon proper certification	460
of the clerk.	461

(H) Deputy clerks may be appointed by the clerk and shall	462
receive the compensation, payable in semimonthly installments out	463
of the city treasury, that the clerk may prescribe, except that	464
the compensation of any deputy clerk of a county-operated	465
municipal court shall be paid out of the treasury of the county in	466
which the court is located. Each deputy clerk shall take an oath	467
of office before entering upon the duties of the deputy clerk's	468
office and, when so qualified, may perform the duties appertaining	469
to the office of the clerk. The clerk may require any of the	470
deputy clerks to give bond of not less than three thousand	471
dollars, conditioned for the faithful performance of the deputy	472
clerk's duties.	473

(I) For the purposes of this section, whenever the population	474
of the territory of a municipal court falls below one hundred	475
thousand but not below ninety thousand, and the population of the	476
territory prior to the most recent regular federal census exceeded	477
one hundred thousand, the legislative authority of the municipal	478
corporation may declare, by resolution, that the territory shall	479
be considered to have a population of at least one hundred	480
thousand.	481

(J) The clerk or a deputy clerk shall be in attendance at all	482
sessions of the municipal court, although not necessarily in the	483
courtroom, and may administer oaths to witnesses and jurors and	484
receive verdicts.	485

Sec. 2501.011.  (A) Except as otherwise provided in this	486
division, thereThere shall be twothree additional judges of the	487
court of appeals of the fifth district, composed of Ashland,	488
Coshocton, Delaware, Fairfield, Guernsey, Holmes, Knox, Licking,	489
Morgan, Morrow, Muskingum, Perry, Richland, Stark, and Tuscarawas	490
counties. From February 11, 2001, through February 10, 2007, there	491
shall be three additional judges of the court of appeals of the	492
fifth district.	493

One of the additional judges of the fifth district court of	494
appeals shall be elected at the general election in 1980 for a	495
term of six years beginning February 10, 1981. One of the	496
additional judges of the fifth district court of appeals shall be	497
elected at the general election in 1982 for a term of six years	498
beginning February 10, 1983. One of the additional judges of the	499
fifth district court of appeals shall be elected at the general	500
election in 2000 for a term of six years beginning February 11,	501
2001. The two additional judges whose terms begin on February 10	502
shall thereafter be elected to hold terms of six years.	503

In the fifth district, any three judges shall comprise the	504
court of appeals in the hearing and disposition of cases in	505
accordance with any local rules of practice and procedure that may	506
be adopted by the judges of the court.	507

(B) There shall be two additional judges of the court of	508
appeals of the sixth district, composed of Erie, Fulton, Huron,	509
Lucas, Ottawa, Sandusky, Williams, and Wood counties.	510

One of the additional judges of the sixth district court of	511
appeals shall be elected at the general election in 1980 for a	512
term of six years beginning February 10, 1981. One of the	513
additional judges of the sixth district court of appeals shall be	514
elected at the general election in 1990 for a term of six years	515
beginning on February 10, 1991. The additional judges shall	516
thereafter be elected to hold terms of six years.	517

In the sixth district, any three judges shall comprise the	518
court of appeals in the hearing and disposition of cases in	519
accordance with any llocal rules of practice and procedure that	520
may be adopted by the judges of the court.	521

(C) There shall be one additional judge of the court of	522
appeals of the seventh district, composed of Belmont, Carroll,	523
Columbiana, Harrison, Jefferson, Mahoning, Monroe, and Noble	524
counties.	525

The additional judge shall be elected at the general election	526
in 1996 for a term of six years beginning February 10, 1997. The	527
additional judge thereafter shall be elected to hold terms of six	528
years.	529

In the seventh district, any three judges shall comprise the	530
court of appeals in the hearing and disposition of cases in	531
accordance with any local rules of practice and procedure that may	532
be adopted by the judges of the court.	533

(D) The judges provided for in this section and sections	534
2501.012 and 2501.013 of the Revised Code shall exercise the same	535
powers and jurisdiction and perform the same duties as the judges	536
of the courts of appeals; and shall receive the same compensation,	537
as provided by law, for the judges of the courts of appeals.	538

Section 2. That existing sections 1901.31 and 2501.011 of the	539
Revised Code are hereby repealed.	540

Section 3. That the version of section 1901.31 of the Revised	541
Code that is scheduled to take effect January 1, 2004, be amended	542
to read as follows:	543

Sec. 1901.31.  The clerk and deputy clerks of a municipal	544
court shall be selected, be compensated, give bond, and have	545
powers and duties as follows:	546

(A) There shall be a clerk of the court who is appointed or	547
elected as follows:	548

(1)(a) Except in the Akron, Barberton, Cuyahoga Falls,	549
Medina, Toledo, Clermont county, Hamilton county, Portage county,	550
and Wayne county municipal courts, if the population of the	551
territory equals or exceeds one hundred thousand at the regular	552
municipal election immediately preceding the expiration of the	553
term of the present clerk, the clerk shall be nominated and	554
elected by the qualified electors of the territory in the manner	555
that is provided for the nomination and election of judges in	556
section 1901.07 of the Revised Code.	557

The clerk so elected shall hold office for a term of six	558
years, which term shall commence on the first day of January	559
following the clerk's election and continue until the clerk's	560
successor is elected and qualified.	561

(b) In the Hamilton county municipal court, the clerk of	562
courts of Hamilton county shall be the clerk of the municipal	563
court and may appoint an assistant clerk who shall receive the	564
compensation, payable out of the treasury of Hamilton county in	565
semimonthly installments, that the board of county commissioners	566
prescribes. The clerk of courts of Hamilton county, acting as the	567
clerk of the Hamilton county municipal court and assuming the	568
duties of that office, shall receive compensation at one-fourth	569
the rate that is prescribed for the clerks of courts of common	570
pleas as determined in accordance with the population of the	571
county and the rates set forth in sections 325.08 and 325.18 of	572
the Revised Code. This compensation shall be paid from the county	573
treasury in semimonthly installments and is in addition to the	574
annual compensation that is received for the performance of the	575
duties of the clerk of courts of Hamilton county, as provided in	576
sections 325.08 and 325.18 of the Revised Code.	577

(c) In the Portage county and Wayne county municipal courts,	578
the clerks of courts of Portage county and Wayne county shall be	579
the clerks, respectively, of the Portage county and Wayne county	580
municipal courts and may appoint a chief deputy clerk for each	581
branch that is established pursuant to section 1901.311 of the	582
Revised Code and assistant clerks as the judges of the municipal	583
court determine are necessary, all of whom shall receive the	584
compensation that the legislative authority prescribes. The clerks	585
of courts of Portage county and Wayne county, acting as the clerks	586
of the Portage county and Wayne county municipal courts and	587
assuming the duties of these offices, shall receive compensation	588
payable from the county treasury in semimonthly installments at	589
one-fourth the rate that is prescribed for the clerks of courts of	590
common pleas as determined in accordance with the population of	591
the county and the rates set forth in sections 325.08 and 325.18	592
of the Revised Code.	593

(d) Except as otherwise provided in division (A)(1)(d) of	594
this section, in the Akron municipal court, candidates for	595
election to the office of clerk of the court shall be nominated by	596
primary election. The primary election shall be held on the day	597
specified in the charter of the city of Akron for the nomination	598
of municipal officers. Notwithstanding section 3513.257 of the	599
Revised Code, the nominating petitions of independent candidates	600
shall be signed by at least two hundred fifty qualified electors	601
of the territory of the court.	602

The candidates shall file a declaration of candidacy and	603
petition, or a nominating petition, whichever is applicable, not	604
later than four p.m. of the seventy-fifth day before the day of	605
the primary election, in the form prescribed by section 3513.07 or	606
3513.261 of the Revised Code. The declaration of candidacy and	607
petition, or the nominating petition, shall conform to the	608
applicable requirements of section 3513.05 or 3513.257 of the	609
Revised Code.	610

If no valid declaration of candidacy and petition is filed by	611
any person for nomination as a candidate of a particular political	612
party for election to the office of clerk of the Akron municipal	613
court, a primary election shall not be held for the purpose of	614
nominating a candidate of that party for election to that office.	615
If only one person files a valid declaration of candidacy and	616
petition for nomination as a candidate of a particular political	617
party for election to that office, a primary election shall not be	618
held for the purpose of nominating a candidate of that party for	619
election to that office, and the candidate shall be issued a	620
certificate of nomination in the manner set forth in section	621
3513.02 of the Revised Code.	622

Declarations of candidacy and petitions, nominating	623
petitions, and certificates of nomination for the office of clerk	624
of the Akron municipal court shall contain a designation of the	625
term for which the candidate seeks election. At the following	626
regular municipal election, all candidates for the office shall be	627
submitted to the qualified electors of the territory of the court	628
in the manner that is provided in section 1901.07 of the Revised	629
Code for the election of the judges of the court. The clerk so	630
elected shall hold office for a term of six years, which term	631
shall commence on the first day of January following the clerk's	632
election and continue until the clerk's successor is elected and	633
qualified.	634

(e) In the Clermont county municipal court, the clerk of	635
courts of Clermont county shall be the clerk of the municipal	636
court. The clerk of courts of Clermont county, acting as the clerk	637
of the Clermont county municipal court and assuming the duties of	638
that office, shall receive compensation at one-fourth the rate	639
that is prescribed for the clerks of courts of common pleas as	640
determined in accordance with the population of the county and the	641
rates set forth in sections 325.08 and 325.18 of the Revised Code.	642
This compensation shall be paid from the county treasury in	643
semimonthly installments and is in addition to the annual	644
compensation that is received for the performance of the duties of	645
the clerk of courts of Clermont county, as provided in sections	646
325.08 and 325.18 of the Revised Code.	647

(f) Irrespective of the population of the territory of the	648
Medina municipal court, the clerk of that court shall be appointed	649
pursuant to division (A)(2)(a) of this section by the judges of	650
that court, shall hold office until the clerk's successor is	651
similarly appointed and qualified, and shall receive pursuant to	652
division (C) of this section the annual compensation that the	653
legislative authority prescribes and that is payable in	654
semimonthly installments from the same sources and in the same	655
manner as provided in section 1901.11 of the Revised Code.	656

(g)(f) Except as otherwise provided in division (A)(1)(g)(f)	657
of this section, in the Barberton municipal court, candidates for	658
election to the office of clerk of the court shall be nominated by	659
primary election. The primary election shall be held on the day	660
specified in the charter of the city of Barberton for the	661
nomination of municipal officers. Notwithstanding section 3513.257	662
of the Revised Code, the nominating petitions of independent	663
candidates shall be signed by at least two hundred fifty qualified	664
electors of the territory of the court.	665

The candidates shall file a declaration of candidacy and	666
petition, or a nominating petition, whichever is applicable, not	667
later than four p.m. of the seventy-fifth day before the day of	668
the primary election, in the form prescribed by section 3513.07 or	669
3513.261 of the Revised Code. The declaration of candidacy and	670
petition, or the nominating petition, shall conform to the	671
applicable requirements of section 3513.05 or 3513.257 of the	672
Revised Code.	673

If no valid declaration of candidacy and petition is filed by	674
any person for nomination as a candidate of a particular political	675
party for election to the office of clerk of the Barberton	676
municipal court, a primary election shall not be held for the	677
purpose of nominating a candidate of that party for election to	678
that office. If only one person files a valid declaration of	679
candidacy and petition for nomination as a candidate of a	680
particular political party for election to that office, a primary	681
election shall not be held for the purpose of nominating a	682
candidate of that party for election to that office, and the	683
candidate shall be issued a certificate of nomination in the	684
manner set forth in section 3513.02 of the Revised Code.	685

Declarations of candidacy and petitions, nominating	686
petitions, and certificates of nomination for the office of clerk	687
of the Barberton municipal court shall contain a designation of	688
the term for which the candidate seeks election. At the following	689
regular municipal election, all candidates for the office shall be	690
submitted to the qualified electors of the territory of the court	691
in the manner that is provided in section 1901.07 of the Revised	692
Code for the election of the judges of the court. The clerk so	693
elected shall hold office for a term of six years, which term	694
shall commence on the first day of January following the clerk's	695
election and continue until the clerk's successor is elected and	696
qualified.	697

(h)(g) Except as otherwise provided in division (A)(1)(h)(g)	698
of this section, in the Cuyahoga Falls municipal court, candidates	699
for election to the office of clerk of the court shall be	700
nominated by primary election. The primary election shall be held	701
on the day specified in the charter of the city of Cuyahoga Falls	702
for the nomination of municipal officers. Notwithstanding section	703
3513.257 of the Revised Code, the nominating petitions of	704
independent candidates shall be signed by at least two hundred	705
fifty qualified electors of the territory of the court.	706

The candidates shall file a declaration of candidacy and	707
petition, or a nominating petition, whichever is applicable, not	708
later than four p.m. of the seventy-fifth day before the day of	709
the primary election, in the form prescribed by section 3513.07 or	710
3513.261 of the Revised Code. The declaration of candidacy and	711
petition, or the nominating petition, shall conform to the	712
applicable requirements of section 3513.05 or 3513.257 of the	713
Revised Code.	714

If no valid declaration of candidacy and petition is filed by	715
any person for nomination as a candidate of a particular political	716
party for election to the office of clerk of the Cuyahoga Falls	717
municipal court, a primary election shall not be held for the	718
purpose of nominating a candidate of that party for election to	719
that office. If only one person files a valid declaration of	720
candidacy and petition for nomination as a candidate of a	721
particular political party for election to that office, a primary	722
election shall not be held for the purpose of nominating a	723
candidate of that party for election to that office, and the	724
candidate shall be issued a certificate of nomination in the	725
manner set forth in section 3513.02 of the Revised Code.	726

Declarations of candidacy and petitions, nominating	727
petitions, and certificates of nomination for the office of clerk	728
of the Cuyahoga Falls municipal court shall contain a designation	729
of the term for which the candidate seeks election. At the	730
following regular municipal election, all candidates for the	731
office shall be submitted to the qualified electors of the	732
territory of the court in the manner that is provided in section	733
1901.07 of the Revised Code for the election of the judges of the	734
court. The clerk so elected shall hold office for a term of six	735
years, which term shall commence on the first day of January	736
following the clerk's election and continue until the clerk's	737
successor is elected and qualified.	738

(i)(h) Except as otherwise provided in division (A)(1)(i)(h)	739
of this section, in the Toledo municipal court, candidates for	740
election to the office of clerk of the court shall be nominated by	741
primary election. The primary election shall be held on the day	742
specified in the charter of the city of Toledo for the nomination	743
of municipal officers. Notwithstanding section 3513.257 of the	744
Revised Code, the nominating petitions of independent candidates	745
shall be signed by at least two hundred fifty qualified electors	746
of the territory of the court.	747

The candidates shall file a declaration of candidacy and	748
petition, or a nominating petition, whichever is applicable, not	749
later than four p.m. of the seventy-fifth day before the day of	750
the primary election, in the form prescribed by section 3513.07 or	751
3513.261 of the Revised Code. The declaration of candidacy and	752
petition, or the nominating petition, shall conform to the	753
applicable requirements of section 3513.05 or 3513.257 of the	754
Revised Code.	755

If no valid declaration of candidacy and petition is filed by	756
any person for nomination as a candidate of a particular political	757
party for election to the office of clerk of the Toledo municipal	758
court, a primary election shall not be held for the purpose of	759
nominating a candidate of that party for election to that office.	760
If only one person files a valid declaration of candidacy and	761
petition for nomination as a candidate of a particular political	762
party for election to that office, a primary election shall not be	763
held for the purpose of nominating a candidate of that party for	764
election to that office, and the candidate shall be issued a	765
certificate of nomination in the manner set forth in section	766
3513.02 of the Revised Code.	767

Declarations of candidacy and petitions, nominating	768
petitions, and certificates of nomination for the office of clerk	769
of the Toledo municipal court shall contain a designation of the	770
term for which the candidate seeks election. At the following	771
regular municipal election, all candidates for the office shall be	772
submitted to the qualified electors of the territory of the court	773
in the manner that is provided in section 1901.07 of the Revised	774
Code for the election of the judges of the court. The clerk so	775
elected shall hold office for a term of six years, which term	776
shall commence on the first day of January following the clerk's	777
election and continue until the clerk's successor is elected and	778
qualified.	779

(2)(a) Except for the Alliance, Auglaize county, Brown	780
county, Columbiana county, Lorain, Massillon, and Youngstown	781
municipal courts, in a municipal court for which the population of	782
the territory is less than one hundred thousand and in the Medina	783
municipal court, the clerk shall be appointed by the court, and	784
the clerk shall hold office until the clerk's successor is	785
appointed and qualified.	786

(b) In the Alliance, Lorain, Massillon, and Youngstown	787
municipal courts, the clerk shall be elected for a term of office	788
as described in division (A)(1)(a) of this section.	789

(c) In the Auglaize county and Brown county municipal courts,	790
the clerks of courts of Auglaize county and Brown county shall be	791
the clerks, respectively, of the Auglaize county and Brown county	792
municipal courts and may appoint a chief deputy clerk for each	793
branch that is established pursuant to section 1901.311 of the	794
Revised Code, and assistant clerks as the judge of the court	795
determines are necessary, all of whom shall receive the	796
compensation that the legislative authority prescribes. The clerks	797
of courts of Auglaize county and Brown county, acting as the	798
clerks of the Auglaize county and Brown county municipal courts	799
and assuming the duties of these offices, shall receive	800
compensation payable from the county treasury in semimonthly	801
installments at one-fourth the rate that is prescribed for the	802
clerks of courts of common pleas as determined in accordance with	803
the population of the county and the rates set forth in sections	804
325.08 and 325.18 of the Revised Code.	805

(d) In the Columbiana county municipal court, the clerk of	806
courts of Columbiana county shall be the clerk of the municipal	807
court, may appoint a chief deputy clerk for each branch office	808
that is established pursuant to section 1901.311 of the Revised	809
Code, and may appoint any assistant clerks that the judges of the	810
court determine are necessary. All of the chief deputy clerks and	811
assistant clerks shall receive the compensation that the	812
legislative authority prescribes. The clerk of courts of	813
Columbiana county, acting as the clerk of the Columbiana county	814
municipal court and assuming the duties of that office, shall	815
receive compensation payable from the county treasury in	816
semimonthly installments at one-fourth the rate that is prescribed	817
for the clerks of courts of common pleas as determined in	818
accordance with the population of the county and the rates set	819
forth in sections 325.08 and 325.18 of the Revised Code.	820

(3) During the temporary absence of the clerk due to illness,	821
vacation, or other proper cause, the court may appoint a temporary	822
clerk, who shall be paid the same compensation, have the same	823
authority, and perform the same duties as the clerk.	824

(B) Except in the Clermont county, Hamilton county, Medina,	825
Portage county, and Wayne county municipal courts, if a vacancy	826
occurs in the office of the clerk of the Alliance, Lorain,	827
Massillon, or Youngstown municipal court or occurs in the office	828
of the clerk of a municipal court for which the population of the	829
territory equals or exceeds one hundred thousand because the clerk	830
ceases to hold the office before the end of the clerk's term or	831
because a clerk-elect fails to take office, the vacancy shall be	832
filled, until a successor is elected and qualified, by a person	833
chosen by the residents of the territory of the court who are	834
members of the county central committee of the political party by	835
which the last occupant of that office or the clerk-elect was	836
nominated. Not less than five nor more than fifteen days after a	837
vacancy occurs, those members of that county central committee	838
shall meet to make an appointment to fill the vacancy. At least	839
four days before the date of the meeting, the chairperson or a	840
secretary of the county central committee shall notify each such	841
member of that county central committee by first class mail of the	842
date, time, and place of the meeting and its purpose. A majority	843
of all such members of that county central committee constitutes a	844
quorum, and a majority of the quorum is required to make the	845
appointment. If the office so vacated was occupied or was to be	846
occupied by a person not nominated at a primary election, or if	847
the appointment was not made by the committee members in	848
accordance with this division, the court shall make an appointment	849
to fill the vacancy. A successor shall be elected to fill the	850
office for the unexpired term at the first municipal election that	851
is held more than one hundred twenty days after the vacancy	852
occurred.	853

(C)(1) In a municipal court, other than the Auglaize county,	854
the Brown county, the Columbiana county, and the Lorain municipal	855
courts, for which the population of the territory is less than one	856
hundred thousand and in the Medina municipal court, the clerk of	857
the municipal court shall receive the annual compensation that the	858
presiding judge of the court prescribes, if the revenue of the	859
court for the preceding calendar year, as certified by the auditor	860
or chief fiscal officer of the municipal corporation in which the	861
court is located or, in the case of a county-operated municipal	862
court, the county auditor, is equal to or greater than the	863
expenditures, including any debt charges, for the operation of the	864
court payable under this chapter from the city treasury or, in the	865
case of a county-operated municipal court, the county treasury for	866
that calendar year, as also certified by the auditor or chief	867
fiscal officer. If the revenue of a municipal court, other than	868
the Auglaize county, the Brown county, the Columbiana county, and	869
the Lorain municipal courts, for which the population of the	870
territory is less than one hundred thousand or the revenue of the	871
Medina municipal court for the preceding calendar year as so	872
certified is not equal to or greater than those expenditures for	873
the operation of the court for that calendar year as so certified,	874
the clerk of a municipal court shall receive the annual	875
compensation that the legislative authority prescribes. As used in	876
this division, "revenue" means the total of all costs and fees	877
that are collected and paid to the city treasury or, in a	878
county-operated municipal court, the county treasury by the clerk	879
of the municipal court under division (F) of this section and all	880
interest received and paid to the city treasury or, in a	881
county-operated municipal court, the county treasury in relation	882
to the costs and fees under division (G) of this section.	883

(2) In a municipal court, other than the Clermont county,	884
Hamilton county, Medina, Portage county, and Wayne county	885
municipal courts, for which the population of the territory is one	886
hundred thousand or more, and in the Lorain municipal court, the	887
clerk of the municipal court shall receive annual compensation in	888
a sum equal to eighty-five per cent of the salary of a judge of	889
the court.	890

(3) The compensation of a clerk described in division (C)(1)	891
or (2) of this section is payable in semimonthly installments from	892
the same sources and in the same manner as provided in section	893
1901.11 of the Revised Code.	894

(D) Before entering upon the duties of the clerk's office,	895
the clerk of a municipal court shall give bond of not less than	896
six thousand dollars to be determined by the judges of the court,	897
conditioned upon the faithful performance of the clerk's duties.	898

(E) The clerk of a municipal court may do all of the	899
following: administer oaths, take affidavits, and issue executions	900
upon any judgment rendered in the court, including a judgment for	901
unpaid costs; issue, sign, and attach the seal of the court to all	902
writs, process, subpoenas, and papers issuing out of the court;	903
and approve all bonds, sureties, recognizances, and undertakings	904
fixed by any judge of the court or by law. The clerk may refuse to	905
accept for filing any pleading or paper submitted for filing by a	906
person who has been found to be a vexatious litigator under	907
section 2323.52 of the Revised Code and who has failed to obtain	908
leave to proceed under that section. The clerk shall do all of the	909
following: file and safely keep all journals, records, books, and	910
papers belonging or appertaining to the court; record the	911
proceedings of the court; perform all other duties that the judges	912
of the court may prescribe; and keep a book showing all receipts	913
and disbursements, which book shall be open for public inspection	914
at all times.	915

The clerk shall prepare and maintain a general index, a	916
docket, and other records that the court, by rule, requires, all	917
of which shall be the public records of the court. In the docket,	918
the clerk shall enter, at the time of the commencement of an	919
action, the names of the parties in full, the names of the	920
counsel, and the nature of the proceedings. Under proper dates,	921
the clerk shall note the filing of the complaint, issuing of	922
summons or other process, returns, and any subsequent pleadings.	923
The clerk also shall enter all reports, verdicts, orders,	924
judgments, and proceedings of the court, clearly specifying the	925
relief granted or orders made in each action. The court may order	926
an extended record of any of the above to be made and entered,	927
under the proper action heading, upon the docket at the request of	928
any party to the case, the expense of which record may be taxed as	929
costs in the case or may be required to be prepaid by the party	930
demanding the record, upon order of the court.	931

(F) The clerk of a municipal court shall receive, collect,	932
and issue receipts for all costs, fees, fines, bail, and other	933
moneys payable to the office or to any officer of the court. The	934
clerk shall each month disburse to the proper persons or officers,	935
and take receipts for, all costs, fees, fines, bail, and other	936
moneys that the clerk collects. Subject to sections 3375.50 and	937
4511.193 of the Revised Code and to any other section of the	938
Revised Code that requires a specific manner of disbursement of	939
any moneys received by a municipal court and except for the	940
Hamilton county, Lawrence county, and Ottawa county municipal	941
courts, the clerk shall pay all fines received for violation of	942
municipal ordinances into the treasury of the municipal	943
corporation the ordinance of which was violated and shall pay all	944
fines received for violation of township resolutions adopted	945
pursuant to Chapter 504. of the Revised Code into the treasury of	946
the township the resolution of which was violated. Subject to	947
sections 1901.024 and 4511.193 of the Revised Code, in the	948
Hamilton county, Lawrence county, and Ottawa county municipal	949
courts, the clerk shall pay fifty per cent of the fines received	950
for violation of municipal ordinances and fifty per cent of the	951
fines received for violation of township resolutions adopted	952
pursuant to Chapter 504. of the Revised Code into the treasury of	953
the county. Subject to sections 3375.50, 3375.53, 4511.19, and	954
5503.04 of the Revised Code and to any other section of the	955
Revised Code that requires a specific manner of disbursement of	956
any moneys received by a municipal court, the clerk shall pay all	957
fines collected for the violation of state laws into the county	958
treasury. Except in a county-operated municipal court, the clerk	959
shall pay all costs and fees the disbursement of which is not	960
otherwise provided for in the Revised Code into the city treasury.	961
The clerk of a county-operated municipal court shall pay the costs	962
and fees the disbursement of which is not otherwise provided for	963
in the Revised Code into the county treasury. Moneys deposited as	964
security for costs shall be retained pending the litigation. The	965
clerk shall keep a separate account of all receipts and	966
disbursements in civil and criminal cases, which shall be a	967
permanent public record of the office. On the expiration of the	968
term of the clerk, the clerk shall deliver the records to the	969
clerk's successor. The clerk shall have other powers and duties as	970
are prescribed by rule or order of the court.	971

(G) All moneys paid into a municipal court shall be noted on	972
the record of the case in which they are paid and shall be	973
deposited in a state or national bank, or a domestic savings and	974
loan association, as defined in section 1151.01 of the Revised	975
Code, that is selected by the clerk. Any interest received upon	976
the deposits shall be paid into the city treasury, except that, in	977
a county-operated municipal court, the interest shall be paid into	978
the treasury of the county in which the court is located.	979

On the first Monday in January of each year, the clerk shall	980
make a list of the titles of all cases in the court that were	981
finally determined more than one year past in which there remains	982
unclaimed in the possession of the clerk any funds, or any part of	983
a deposit for security of costs not consumed by the costs in the	984
case. The clerk shall give notice of the moneys to the parties who	985
are entitled to the moneys or to their attorneys of record. All	986
the moneys remaining unclaimed on the first day of April of each	987
year shall be paid by the clerk to the city treasurer, except	988
that, in a county-operated municipal court, the moneys shall be	989
paid to the treasurer of the county in which the court is located.	990
The treasurer shall pay any part of the moneys at any time to the	991
person who has the right to the moneys upon proper certification	992
of the clerk.	993

(H) Deputy clerks may be appointed by the clerk and shall	994
receive the compensation, payable in semimonthly installments out	995
of the city treasury, that the clerk may prescribe, except that	996
the compensation of any deputy clerk of a county-operated	997
municipal court shall be paid out of the treasury of the county in	998
which the court is located. Each deputy clerk shall take an oath	999
of office before entering upon the duties of the deputy clerk's	1000
office and, when so qualified, may perform the duties appertaining	1001
to the office of the clerk. The clerk may require any of the	1002
deputy clerks to give bond of not less than three thousand	1003
dollars, conditioned for the faithful performance of the deputy	1004
clerk's duties.	1005

(I) For the purposes of this section, whenever the population	1006
of the territory of a municipal court falls below one hundred	1007
thousand but not below ninety thousand, and the population of the	1008
territory prior to the most recent regular federal census exceeded	1009
one hundred thousand, the legislative authority of the municipal	1010
corporation may declare, by resolution, that the territory shall	1011
be considered to have a population of at least one hundred	1012
thousand.	1013

(J) The clerk or a deputy clerk shall be in attendance at all	1014
sessions of the municipal court, although not necessarily in the	1015
courtroom, and may administer oaths to witnesses and jurors and	1016
receive verdicts.	1017

Section 4. That the existing version of section 1901.31 of	1018
the Revised Code that is scheduled to take effect January 1, 2004,	1019
is hereby repealed.	1020

Section 5. Sections 3 and 4 of this act shall take effect	1021
January 1, 2004.	1022

Section 6. (A) Notwithstanding the requirements of section	1023
1901.31 of the Revised Code, as amended by Section 1 of this act,	1024
candidates for the office of Clerk of the Clermont County	1025
Municipal Court in 2003 shall be nonpartisan candidates only and	1026
shall file nominating petitions with the board of elections not	1027
later than four p.m. of the seventy-fifth day before the day of	1028
the general election.	1029

(B) Notwithstanding section 1901.31 of the Revised Code, as	1030
amended by Section 1 of this act, the Clerk of Courts of Clermont	1031
County shall continue to serve as Clerk of the Clermont County	1032
Municipal Court, as provided in section 1901.31 of the Revised	1033
Code before its amendment by this act, through December 31, 2003.	1034

Section 7. This act is hereby declared to be an emergency	1035
measure necessary for the immediate preservation of the public	1036
peace, health, and safety. The reason for such necessity is that	1037
Clermont County urgently needs to revise the method by which it	1038
selects the clerk of its municipal court, and the county will be	1039
adversely affected if this change does not take immediate effect.	1040
Therefore, this act shall go into immediate effect.	1041