| Section 1. That sections 124.38, 1901.08, 1901.141, 2301.02, | 36 |
| 2313.08, 2313.10, 2313.11, 2313.12, 2313.13, 2313.15, 2313.16, | 37 |
| 2313.18, 2313.25, 2313.26, 2313.30, 2313.34, 2313.99, 2335.28, | 38 |
| 2945.28, and 2947.23 be amended and section 2313.251 of the | 39 |
| Revised Code be enacted to read as follows: | 40 |
| Employees may use sick leave, upon approval of the | 52 |
| responsible
administrative officer of the employing unit, for | 53 |
| absence due to
personal illness, pregnancy, injury, exposure to | 54 |
| contagious
disease that could be communicated to other
employees, | 55 |
| and
illness, injury, or death in the employee's immediate family. | 56 |
|
Unused sick leave shall be cumulative without limit. When sick | 57 |
|
leave is used, it shall be deducted from the employee's credit on | 58 |
|
the basis of one hour for every one hour of absence from | 59 |
|
previously scheduled work. | 60 |
| The previously accumulated sick leave
of an employee who has | 61 |
| been separated from the public service
shall be placed to the | 62 |
| employee's credit upon
the employee's re-employment in the
public | 63 |
| service, provided that such re-employment takes place
within ten | 64 |
| years of the date on which the employee was last
terminated from | 65 |
public service. AnThis ten-year period shall be tolled for any | 66 |
| period during which the employee holds elective public office, | 67 |
| whether by election or by appointment. | 68 |
| The appointing authority of each
employing unit shall require | 81 |
| an employee to furnish a
satisfactory written, signed statement to | 82 |
| justify the use of sick
leave. If medical attention is required, a | 83 |
| certificate stating
the nature of the illness from a licensed | 84 |
| physician shall be
required to justify the use of sick leave. | 85 |
| Falsification of
either a written, signed statement or a | 86 |
| physician's certificate
shall be grounds for disciplinary action, | 87 |
| including dismissal. | 88 |
| Notwithstanding this section or any other section of the | 93 |
|
Revised Code, any appointing authority of a county office, | 94 |
|
department, commission, board, or body may, upon notification to | 95 |
|
the board of county commissioners, establish alternative
schedules | 96 |
| of sick leave for employees of the appointing authority
for whom | 97 |
| the state employment relations board has not established
an | 98 |
| appropriate bargaining unit pursuant to section 4117.06 of the | 99 |
|
Revised Code, provided that the alternative schedules are not | 100 |
|
inconsistent with the provisions of a collective bargaining | 101 |
|
agreement covering other employees of that appointing authority. | 102 |
In the Berea municipal court, one part-timefull-time judge | 131 |
shall be
elected in 1957, term to commence on the first day of | 132 |
January next
after election, and one part-time judge shall be | 133 |
elected in 1981,
term to commence on the second day of January | 134 |
next after election.
The part-time judge elected in 1987 whose | 135 |
term commenced on
January 1, 1988, shall serve until December 31, | 136 |
1993, and the
office of that judge is abolished, effective on the | 137 |
earlier of
December 31, 1993, or the date on which that judge | 138 |
resigns,
retires, or otherwise vacates judicial office2005. | 139 |
| In the Hamilton county municipal court, five full-time judges | 254 |
|
shall be elected in 1967, five full-time judges shall be elected | 255 |
|
in 1971, two full-time judges shall be elected in 1981, and two | 256 |
|
full-time judges shall be elected in 1983. All terms of judges of | 257 |
|
the Hamilton county municipal court shall commence on the first | 258 |
|
day of January next after their election, except that the terms of | 259 |
|
the additional judges to be elected in 1981 shall commence on | 260 |
|
January 2, 1982, and January 3, 1982, and that the terms of the | 261 |
|
additional judges to be elected in 1983 shall commence on January | 262 |
|
4, 1984, and January 5, 1984. | 263 |
| In the Springfield municipal court, two full-time judges | 394 |
|
shall be elected in 1985, and one full-time judge shall be elected | 395 |
|
in 1983, all of whom shall serve as the judges of the Springfield | 396 |
|
municipal court through December 31, 1987, and as the judges of | 397 |
|
the Clark county municipal court from January 1, 1988, until the | 398 |
|
end of their respective terms. | 399 |
| (a) The territory within the jurisdiction of
the municipal | 450 |
| court served by the municipal court judge is
contiguous to | 451 |
territory within the jurisdiction of a county
court, where the | 452 |
judge of that county court judge has appointed a special
constable | 453 |
| to guard and protect territory abutting territory in
the municipal | 454 |
| court's jurisdiction, and the abutting territory
within the | 455 |
| municipal court's jurisdiction is the property within
the | 456 |
application for which a special constable is being sought.
In | 457 |
| The special constables shall guard and protect from
unlawful | 466 |
| acts the property of the state specified in the
application or the | 467 |
| property of the applicant-freeholders and any
property of the | 468 |
| state under lease to the applicant-freeholders
specified in the | 469 |
| application. To the extent necessary to carry
out the | 470 |
| responsibility to guard and protect the property
involved, a | 471 |
| special constable shall have the same authority and
shall be | 472 |
| subject to the same obligations as a peace officer, as
defined in | 473 |
| section 2935.01 of the Revised Code. | 474 |
| (B) A municipal judge who appoints a special constable | 475 |
|
pursuant to division (A) of this section shall make a memorandum | 476 |
|
of the appointment upon the docket of the court. The appointment | 477 |
|
shall continue in force for one year unless the judge revokes it | 478 |
|
before the expiration of that one-year period. The | 479 |
|
applicant-freeholders for whose benefit a special constable is | 480 |
|
appointed shall pay the special constable in full for the
special | 481 |
| constable's
services, and the special constable shall receive no | 482 |
| compensation
except from those applicant-freeholders. | 483 |
| (C) A municipal judge who appoints a special constable | 491 |
|
pursuant to division (A) of this section, the municipal court on | 492 |
|
which the judge sits, the legislative authority associated with | 493 |
|
that court, and all political subdivisions within the territory
of | 494 |
| that court are not liable in damages in any tort or other
civil | 495 |
| action for injury, death, or loss to person or property
allegedly | 496 |
| caused by any act or omission of the special constable
that | 497 |
| relates to the special constable's official
responsibility to | 498 |
| guard and protect
property. | 499 |
| (D) A special constable appointed pursuant to division (A)
of | 500 |
| this section is not liable in damages in any tort or other
civil | 501 |
| action for injury, death, or loss to person or property
allegedly | 502 |
| caused by an act or omission of the special constable
that relates | 503 |
| to the special constable's official
responsibility to guard and | 504 |
| protect
property, unless the act or omission was committed or | 505 |
| omitted
with malicious purpose, in bad faith, or in a wanton or | 506 |
| reckless
manner. The state, if the director of administrative | 507 |
| services
requested the appointment of the special constable, or | 508 |
| the
applicant-freeholders, if freeholders requested the | 509 |
| appointment
of the special constable, shall be jointly and | 510 |
| severally liable
in damages in any tort or other civil action for | 511 |
| injury, death,
or loss to person or property caused by an act or | 512 |
| omission of the
special constable that was committed or omitted | 513 |
| with malicious
purpose, in bad faith, or in a wanton or reckless | 514 |
| manner. The
state or the applicant-freeholders are not liable in | 515 |
| damages in
any tort or other civil action for injury, death, or | 516 |
| loss to
person or property caused by any other act or omission of | 517 |
| the
special constable. | 518 |
| (E) This section does not affect any immunities from civil | 519 |
|
liability or defenses established or recognized by Chapter 2744. | 520 |
|
or any other chapter of the Revised Code, or available at common | 521 |
|
law, to which the state or a municipal judge, municipal court, | 522 |
|
legislative authority, political subdivision, special constable | 523 |
|
appointed pursuant to division (A) of this section, or | 524 |
|
applicant-freeholder may be entitled under circumstances not | 525 |
|
covered by this section. | 526 |
| In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin, | 538 |
|
Jackson, Knox, Madison, Mercer, Monroe, Morrow, Paulding,
Vinton, | 539 |
| and Wyandot counties, one judge, to be elected in 1956,
term to | 540 |
| begin January 1, 1957; | 541 |
| In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway, | 545 |
|
Preble, Shelby, Van Wert, and Williams counties, one judge, to be | 546 |
|
elected in 1952, term to begin January 1, 1953; | 547 |
| (B) In Allen county, three judges, one to be elected in
1956, | 562 |
| term to begin February 9, 1957, the second to be elected in
1958, | 563 |
| term to begin January 1, 1959, and the third to be elected
in | 564 |
| 1992, term to begin January 1, 1993; | 565 |
| In Erie county, four judges, one to be elected in 1956, term | 573 |
|
to begin January 1, 1957, the second to be elected in 1970,
term | 574 |
| to begin January 2, 1971, the third to be elected in 2004, term to | 575 |
| begin January 2, 2005, and the fourth to be elected in 2008, term | 576 |
| to begin February 9, 2009; | 577 |
| In Fairfield county, three judges, one to be elected in
1954, | 578 |
|
term to begin February 9, 1955, the second to be elected in
1970, | 579 |
|
term to begin January 1, 1971, and the third to be elected
in | 580 |
|
1994, term to begin January 2, 1995; | 581 |
| In Greene county, four judges, one to be elected in 1956, | 585 |
|
term to begin February 9, 1957, the second to be elected in 1960, | 586 |
|
term to begin January 1, 1961, the third to be elected in 1978, | 587 |
|
term to begin January 2, 1979, and the fourth to be elected in | 588 |
|
1994, term to begin January 1, 1995; | 589 |
| In Marion county, three judges, one to be elected in 1952, | 596 |
|
term to begin January 1, 1953, the second to be elected in
1976, | 597 |
|
term to begin January 2, 1977, and the third to be elected in | 598 |
|
1998, term
to begin February 9, 1999; | 599 |
| In Medina county, three judges, one to be elected in 1956, | 600 |
|
term to begin January 1, 1957, the second to be elected in 1966, | 601 |
|
term to begin January 1, 1967, and the third to be elected in | 602 |
|
1994, term to begin January 1, 1995; | 603 |
| In Portage county, three judges, one to be elected in 1956, | 611 |
|
term to begin January 1, 1957, the second to be elected in 1960, | 612 |
|
term to begin January 1, 1961, and the third to be elected in | 613 |
|
1986, term to begin January 2, 1987; | 614 |
| In Scioto county, three judges, one to be elected in 1954, | 618 |
|
term to begin February 10, 1955, the second to be elected in
1960, | 619 |
|
term to begin January 1, 1961, and the third to be elected
in | 620 |
|
1994, term to begin January 2, 1995; | 621 |
| In Warren county,
four judges, one to be elected in
1954, | 625 |
|
term to begin February 9, 1955, the second to be elected in
1970, | 626 |
|
term to begin January 1, 1971,
the third to be elected
in
1986, | 627 |
| term to begin January 1, 1987, and the fourth to be
elected in | 628 |
| 2004, term to begin January 2, 2005; | 629 |
| In Wood county, three judges, one to be elected in 1968,
term | 633 |
|
beginning January 1, 1969, the second to be elected in 1970,
term | 634 |
|
to begin January 2, 1971, and the third to be elected in
1990, | 635 |
|
term to begin January 1, 1991; | 636 |
| In Clark county, four judges, one to be elected in 1952,
term | 640 |
|
to begin January 1, 1953, the second to be elected in 1956,
term | 641 |
|
to begin January 2, 1957, the third to be elected in 1986,
term to | 642 |
|
begin January 3, 1987, and the fourth to be elected in
1994, term | 643 |
|
to begin January 2, 1995. | 644 |
In Clermont county, fourfive judges, one to be elected in | 645 |
| 1956,
term to begin January 1, 1957, the second to be elected in | 646 |
| 1964,
term to begin January 1, 1965, the third to be elected in | 647 |
1982,
term to begin January 2, 1983, and the fourth to be elected | 648 |
| in
1986, term to begin January 2, 1987; and the fifth to be | 649 |
| elected in 2006, term to begin January 3, 2007; | 650 |
| In Lake county, six judges, one to be elected in 1958,
term | 657 |
|
to begin January 1, 1959, the second to be elected in 1960,
term | 658 |
|
to begin January 2, 1961, the third to be elected in 1964,
term to | 659 |
|
begin January 3, 1965, the fourth and fifth to be
elected in 1978, | 660 |
|
terms to begin January 4, 1979, and January
5, 1979, respectively, | 661 |
|
and the sixth to be elected in 2000, term to
begin January 6, | 662 |
|
2001; | 663 |
| In Licking county, four judges, one to be elected in 1954, | 664 |
|
term to begin February 9, 1955, one to be elected in 1964, term
to | 665 |
|
begin January 1, 1965, one to be elected in 1990, term to
begin | 666 |
| January 1, 1991, and one to be elected in 2004, term to begin | 667 |
| January 1, 2005; | 668 |
| In Lorain county, eight judges, two to be elected in 1952, | 669 |
|
terms to begin January 1, 1953, and January 2, 1953,
respectively, | 670 |
|
one to be elected in 1958, term to begin January 3,
1959, one to | 671 |
|
be elected in 1968, term to begin January 1, 1969,
two to be | 672 |
|
elected in 1988, terms to begin January 4, 1989,
and January 5, | 673 |
|
1989, respectively, and two to be elected in 1998, terms to
begin | 674 |
|
January 2, 1999, and January 3, 1999, respectively; | 675 |
| In Butler county,
ten judges, one to be elected in
1956,
term | 676 |
| to begin January 1, 1957; two to be elected in 1954,
terms
to | 677 |
|
begin January 1, 1955, and February 9, 1955,
respectively; one
to | 678 |
|
be elected in 1968, term to begin January 2,
1969; one to be | 679 |
|
elected in 1986, term to begin January 3, 1987;
two to be elected | 680 |
|
in 1988, terms to begin January 1, 1989, and
January 2, 1989, | 681 |
|
respectively;
one to be elected in 1992, term
to begin
January 4, | 682 |
|
1993;
and
two to be elected in 2002,
terms to
begin
January
2, | 683 |
|
2003, and January 3, 2003, respectively; | 684 |
| In Richland county, four judges, one to be elected in
1956, | 685 |
|
term to begin January 1, 1957, the second to be elected in
1960, | 686 |
|
term to begin February 9, 1961, the third to be elected
in
1968, | 687 |
| term to begin January 2, 1969, and the fourth to be elected in | 688 |
| 2004, term to begin January 3, 2005; | 689 |
| In Trumbull county, six judges, one to be elected in 1952, | 696 |
|
term to begin January 1, 1953, the second to be elected in 1954, | 697 |
|
term to begin January 1, 1955, the third to be elected in 1956, | 698 |
|
term to begin January 1, 1957, the fourth to be elected in 1964, | 699 |
|
term to begin January 1, 1965, the fifth to be elected in 1976, | 700 |
|
term to begin January 2, 1977, and the sixth to be elected
in | 701 |
|
1994, term to begin January 3, 1995; | 702 |
| (C) In Cuyahoga county, thirty-nine judges; eight to be | 703 |
|
elected in 1954, terms to begin on successive days beginning from | 704 |
|
January 1, 1955, to January 7, 1955, and February 9, 1955, | 705 |
|
respectively; eight to be elected in 1956, terms to begin on | 706 |
|
successive days beginning from January 1, 1957, to January 8, | 707 |
|
1957; three to be elected in 1952, terms to begin from January 1, | 708 |
|
1953, to January 3, 1953; two to be elected in 1960, terms to | 709 |
|
begin on January 8, 1961, and January 9, 1961, respectively; two | 710 |
|
to be elected in 1964, terms to begin January 4, 1965, and
January | 711 |
|
5, 1965, respectively; one to be elected in 1966, term to
begin on | 712 |
|
January 10, 1967; four to be elected in 1968, terms to
begin on | 713 |
|
successive days beginning from January 9, 1969, to
January 12, | 714 |
|
1969; two to be elected in 1974, terms to begin on
January 18, | 715 |
|
1975, and January 19, 1975, respectively; five to be
elected in | 716 |
|
1976, terms to begin on successive days beginning
January 6, 1977, | 717 |
|
to January 10, 1977; two to be elected in 1982,
terms to begin | 718 |
|
January 11, 1983, and January 12, 1983,
respectively; and two to | 719 |
|
be elected in 1986, terms to begin
January 13, 1987, and January | 720 |
|
14, 1987, respectively; | 721 |
| In Franklin county, twenty-two judges; two to be elected
in | 722 |
|
1954, terms to begin January 1, 1955, and February 9, 1955, | 723 |
|
respectively; four to be elected in 1956, terms to begin January | 724 |
|
1, 1957, to January 4, 1957; four to be elected in 1958, terms to | 725 |
|
begin January 1, 1959, to January 4, 1959; three to be elected in | 726 |
|
1968, terms to begin January 5, 1969, to January 7, 1969; three
to | 727 |
|
be elected in 1976, terms to begin on successive days
beginning | 728 |
|
January 5, 1977, to January 7, 1977; one to be elected
in 1982, | 729 |
|
term to begin January 8, 1983; one to be elected in
1986, term to | 730 |
|
begin January 9, 1987; two to be elected in
1990, terms to begin | 731 |
|
July 1, 1991, and July 2, 1991,
respectively; one to be
elected in | 732 |
| 1996, term to begin
January 2, 1997; and one to be elected in | 733 |
| 2004, term to begin July 1, 2005; | 734 |
| In Hamilton county, twenty-one judges; eight to be
elected in | 735 |
|
1966, terms to begin January 1, 1967, January 2, 1967, and from | 736 |
|
February 9, 1967, to February 14, 1967, respectively; five to be | 737 |
|
elected in 1956, terms to begin from January 1, 1957, to January | 738 |
|
5, 1957; one to be elected in 1964, term to begin January 1,
1965; | 739 |
|
one to be elected in 1974, term to begin January 15, 1975;
one to | 740 |
|
be elected in 1980, term to begin January 16, 1981; two to
be | 741 |
|
elected at large in the general election in 1982, terms to
begin | 742 |
|
April 1, 1983; one to be elected in 1990, term to begin
July 1, | 743 |
|
1991; and two to be elected in 1996, terms to begin
January 3, | 744 |
|
1997, and January 4, 1997, respectively; | 745 |
| In Lucas county, fourteen judges; two to be elected in
1954, | 746 |
|
terms to begin January 1, 1955, and February 9, 1955, | 747 |
|
respectively; two to be elected in 1956, terms to begin January
1, | 748 |
|
1957, and October 29, 1957, respectively; two to be elected in | 749 |
|
1952, terms to begin January 1, 1953, and January 2, 1953, | 750 |
|
respectively; one to be elected in 1964, term to begin January 3, | 751 |
|
1965; one to be elected in 1968, term to begin January 4, 1969; | 752 |
|
two to be elected in 1976, terms to begin January 4, 1977, and | 753 |
|
January 5, 1977, respectively; one to be elected in 1982, term to | 754 |
|
begin January 6, 1983; one to be elected in 1988, term to begin | 755 |
|
January 7, 1989; one to be elected in 1990, term to begin January | 756 |
|
2, 1991; and one to be elected in 1992, term to begin January 2, | 757 |
|
1993; | 758 |
| In Mahoning county, seven judges; three to be elected in | 759 |
|
1954, terms to begin January 1, 1955, January 2, 1955, and | 760 |
|
February 9, 1955, respectively; one to be elected in 1956, term
to | 761 |
|
begin January 1, 1957; one to be elected in 1952, term to
begin | 762 |
|
January 1, 1953; one to be elected in 1968, term to begin
January | 763 |
|
2, 1969; and one to be elected in 1990, term to begin
July 1, | 764 |
|
1991; | 765 |
| In Montgomery county, fifteen judges; three to be elected
in | 766 |
|
1954, terms to begin January 1, 1955, January 2, 1955, and
January | 767 |
|
3, 1955, respectively; four to be elected in 1952, terms
to begin | 768 |
|
January 1, 1953, January 2, 1953, July 1, 1953, July 2,
1953, | 769 |
|
respectively; one to be elected in 1964, term to begin
January 3, | 770 |
|
1965; one to be elected in 1968, term to begin January
3, 1969; | 771 |
|
three to be elected in 1976, terms to begin on
successive days | 772 |
|
beginning January 4, 1977, to January 6, 1977;
two to be elected | 773 |
|
in 1990, terms to begin July 1, 1991, and July
2, 1991, | 774 |
|
respectively; and one to be elected in 1992, term to
begin January | 775 |
|
1, 1993. | 776 |
| In Stark county, eight judges; one to be elected in 1958, | 777 |
|
term to begin on January 2, 1959; two to be elected in 1954,
terms | 778 |
|
to begin on January 1, 1955, and February 9, 1955,
respectively; | 779 |
|
two to be elected in 1952, terms to begin January
1, 1953, and | 780 |
|
April 16, 1953, respectively; one to be elected in
1966, term to | 781 |
|
begin on January 4, 1967; and two to be elected in
1992, terms to | 782 |
|
begin January 1, 1993, and January 2, 1993,
respectively; | 783 |
| In Summit county, eleven judges; four to be elected in
1954, | 784 |
|
terms to begin January 1, 1955, January 2, 1955, January 3,
1955, | 785 |
|
and February 9, 1955, respectively; three to be elected in
1958, | 786 |
|
terms to begin January 1, 1959, January 2, 1959, and May
17, 1959, | 787 |
|
respectively; one to be elected in 1966, term to begin
January 4, | 788 |
|
1967; one to be elected in 1968, term to begin January
5, 1969; | 789 |
|
one to be elected in 1990, term to begin May 1, 1991;
and one to | 790 |
|
be elected in 1992, term to begin January 6, 1993. | 791 |
| Notwithstanding the foregoing provisions, in any county | 792 |
|
having two or more judges of the court of common pleas, in which | 793 |
|
more than one-third of the judges plus one were previously
elected | 794 |
|
at the same election, if the office of one of those
judges so | 795 |
|
elected becomes vacant more than forty days prior to
the second | 796 |
|
general election preceding the expiration of that
judge's term, | 797 |
|
the office that that judge had filled shall be
abolished as of the | 798 |
|
date of the next general election, and a new
office of judge of | 799 |
|
the court of common pleas shall be created. The judge who
is to | 800 |
|
fill that new office shall be elected for a
six-year term at the | 801 |
|
next general election, and the term
of that judge shall commence | 802 |
|
on the first day of the year following
that general
election, on | 803 |
|
which day no other judge's term begins, so that the
number of | 804 |
|
judges that the county shall elect shall
not be
reduced. | 805 |
| Judges of the probate division of the court of common pleas | 806 |
|
are judges of the court of common pleas but shall be elected | 807 |
|
pursuant to sections 2101.02 and 2101.021 of the Revised Code, | 808 |
|
except in Adams, Harrison, Henry, Morgan, Morrow, Noble, and | 809 |
|
Wyandot counties in which the judge of the court of common pleas | 810 |
|
elected pursuant to this section also shall serve as judge
of the | 811 |
|
probate division. | 812 |
| Sec. 2313.08. (A) The jury year in each county shall
begin | 813 |
| on the first Monday of August of each year, provided the
court of | 814 |
| common pleas may designate otherwise. A new and
complete jury list | 815 |
| shall be made up annually by the commissioners
of jurors, and | 816 |
| shall be certified by them and filed in their
office before the | 817 |
| beginning of each jury year. The names shall
be entered in a | 818 |
| suitable book or record, to be known as the
"annual jury list," | 819 |
| shall be arranged alphabetically so far as
practicable and under | 820 |
| convenient divisions by precincts,
districts, and townships, and | 821 |
| shall be properly indexed. With
each name shall be recorded the | 822 |
| occupation, place of business,
place of residence, duration of | 823 |
| residence in this state,
citizenship status, date of birth, and | 824 |
| social security number of
the person, as nearly as they can be | 825 |
| ascertained. A duplicate of
the list shall be certified by the | 826 |
| commissioners and filed in the
office of the clerk of the court of | 827 |
| common pleas. The
commissioners may, by order of the court, add to | 828 |
| the list, or
enter on a supplementary list, the names of persons | 829 |
| who shall
thereafter be discovered to be qualified to serve as | 830 |
| jurors. | 831 |
| (B) In the selection of names for the annual jury list,
the | 832 |
| commissioners may select all names other than names of persons | 833 |
| excused from service permanently pursuant to section 2313.16 of | 834 |
| the Revised Code from the list of electors
certified by the board | 835 |
| of elections pursuant to section 2313.06
of the Revised Code or | 836 |
| may select all names other than names of persons excused from | 837 |
| service permanently pursuant to section 2313.16 of the Revised | 838 |
| Code from the list of
qualified driver licensees certified by the | 839 |
| registrar of motor
vehicles pursuant to section 2313.06 of the | 840 |
| Revised Code and from
the list of electors certified by the board | 841 |
| of elections pursuant
to section 2313.06 of the Revised Code. The | 842 |
| commissioners may not select for the annual jury list names of | 843 |
| persons who are excused from service permanently pursuant to | 844 |
| section 2313.16 of the Revised Code. | 845 |
| In the selection of the names for the annual jury list, | 846 |
|
unless otherwise ordered by the court, the commissioners shall | 847 |
|
assign a consecutive number to each name, starting with one, and | 848 |
|
shall use a key number that shall be designated by the court.
The | 849 |
| commissioners shall select the name of each prospective
juror, | 850 |
| starting with the name that corresponds to a randomly
selected | 851 |
| number that may range from the number one to the key
number, and | 852 |
| proceeding accordingly in the numerical sequence of
the key number | 853 |
| so designated, until the required number of
prospective jurors has | 854 |
| been selected. | 855 |
| Sec. 2313.10. (A) The commissioners of jurors may serve | 859 |
| personally or by mail on
any person within the county, a notice | 860 |
requiring himthe person
to attend before a
commissioner at a | 861 |
| specified time, not less than five days after service of the | 862 |
notice, for the purpose of testifying concerning histhe
person's | 863 |
| own qualifications or
liability, or those of any other person, to | 864 |
| serve as a juror. A person so
notified must attend and testify | 865 |
| accordingly. | 866 |
| Sec. 2313.11. (A) If a prospective juror fails to attend as | 869 |
| specified in the
notice referred to in section 2313.10 of the | 870 |
Revised Code, for any cause
except physical disability, or if hea | 871 |
prospective juror refuses
to be sworn, or to answer any
legal and | 872 |
pertinent question put to himthe prospective juror by
a | 873 |
commissioner of jurors, such fact
shall be reported by the | 874 |
commissioner shall report that fact to the court and such person | 875 |
shall be
dealt with as for contempt of court. One or more | 876 |
successive notices may be
served upon the same person when hethe | 877 |
person fails to attend
as required by the former
notice and he | 878 |
shall be liable to punishment as for
contempt of court for each | 879 |
failure to attend. A commissioner may dispense with the personal | 880 |
attendance
of a person so notified, when another person cognizant | 881 |
of the facts is
produced and testifies in his stead. When a person | 882 |
has so attended twice for
examination, hethe person cannot be | 883 |
| required to attend again in
the same jury year. | 884 |
| (C) The court shall inform a prospective juror that the | 887 |
| prospective juror has the right to request an in-camera hearing, | 888 |
| on the record and with an attorney present, regarding any legal | 889 |
| and pertinent question put to the prospective juror by the court. | 890 |
| The court is not required to hold an in-camera hearing under this | 891 |
| division unless the information that is contained in the response | 892 |
| to the question put to the prospective juror by the court is | 893 |
| requested by any person, and the prospective juror requests that | 894 |
| the information should not be released. | 895 |
| Sec. 2313.12. It is the policy of this state that all | 896 |
| qualified citizens have an obligation to serve on petit juries | 897 |
| when summoned by the courts of this state unless the citizen is | 898 |
| excused as provided in sections 2313.01 to 2313.46 of the Revised | 899 |
| Code. The granting of an
excuse or postponement to a juror shall | 900 |
| be permitted
as prescribed by sections 2313.01 to 2313.46 of the | 901 |
| Revised
Code and the general statutes of the state. The | 902 |
| commissioners of
jurors, upon request, shall issue to a person who | 903 |
| is granted an excuse or
postponement a certificate of that fact, | 904 |
| and
the certificate shall excuse the person to whom it is
granted | 905 |
| from jury service during the time specified
in the certificate or | 906 |
| shall postpone the time for jury
service of the person to whom it | 907 |
| is granted to the time specified in the
certificate. The | 908 |
| commissioners shall keep a record of
all proceedings before them | 909 |
| or in their office, of all persons
who are granted an excuse or | 910 |
| postponement, and
of the time of and reasons for the excuse or | 911 |
| postponement. | 912 |
(B)(1) The court of common pleas of a county or a judge of | 918 |
the court of common pleas of a county may, upon a request made at | 919 |
| least two business days before the juror's initial appearance by a | 920 |
| juror who appears in person or contacts the appropriate court | 921 |
| employee appointed by the court by telephone, in writing, or by | 922 |
electronic mail, shall postpone the whole or a
part of a juror's | 923 |
time of service onthe juror's initial appearance for jury duty, | 924 |
after summoning
the juror for jury duty, to eitherif both of the | 925 |
| following apply: | 926 |
| (2) The juror and the appropriate court employee appointed by | 933 |
| the court agree to a specified date on which the juror will appear | 934 |
| for jury service. The specified date shall be one on which the | 935 |
| court is in session and, unless extraordinary circumstances exist, | 936 |
| that is not more than six months after the date for which the | 937 |
| juror was originally called to serve. If extraordinary | 938 |
| circumstances exist, the court may, at the court's discretion, | 939 |
| specify a date on which the juror will appear for jury service | 940 |
| that is more than six months after the date for which the juror | 941 |
| was originally called to serve. | 942 |
| (B) The court of common pleas of a county or the judge of the | 943 |
| court of common pleas of a county may grant a second or subsequent | 944 |
| postponement of jury service to a juror only in the event of an | 945 |
| extreme emergency, such as a death in the juror's family, a sudden | 946 |
| illness of the juror, or a natural disaster or national emergency | 947 |
| in which the juror is personally involved, that could not have | 948 |
| been anticipated at the time the initial postponement was granted. | 949 |
| Before receiving a second or subsequent postponement, the juror | 950 |
| shall agree to a specified date on which the juror will appear for | 951 |
| jury service. The specified date shall be one on which the court | 952 |
| is in session and that is not more than six months after the date | 953 |
| of the postponement. | 954 |
| (C) The court of common pleas of a county, or a judge of the | 959 |
|
court of common pleas of a county, may excuse until a specified | 960 |
|
date one or more jurors summoned for jury duty whose attendance is | 961 |
|
not required for the trial of issues until that day. Each juror | 962 |
|
excused until a specified date may be required to attend the | 963 |
|
opening of court on that day and on each day after that day until | 964 |
|
the juror is discharged, without additional summons from the | 965 |
|
court. | 966 |
| Sec. 2313.15. The commissioners of jurors shall report the | 973 |
| names of all
jurors granted a postponement or temporarily excused | 974 |
| to a subsequent part of a term or to a subsequent term as
provided | 975 |
in section 2313.13 of the Revised Code, to the officers attending | 976 |
| the
drawing of the jurors for that term or part of a term, and | 977 |
| each such name
shall be placed upon the list of jurors drawn as | 978 |
| provided by sections 2313.01
to 2313.46 of the Revised Code. Such | 979 |
| juror shall be made one of the total
number directed to be drawn | 980 |
| for that term or part of a term, and no more names
shall be drawn | 981 |
| from the jury wheel, or drawn by use of the automation data | 982 |
|
processing equipment and procedures described in section 2313.07 | 983 |
| of the
Revised Code, than are sufficient to make up the number | 984 |
| ordered by adding the
names of the jurors so excused to the names | 985 |
| then drawn. | 986 |
| (4) The prospective juror has a mental or physical condition | 1004 |
| that causes the prospective juror to be incapable of performing | 1005 |
| jury service. The prospective juror, or the prospective juror's | 1006 |
| personal representative, must provide the court with documentation | 1007 |
| from a physician licensed to practice medicine verifying that a | 1008 |
| mental or physical condition renders the prospective juror unfit | 1009 |
| for jury service for a period of up to twenty-four months. | 1010 |
| (2) A prospective juror who requests to be excused as | 1029 |
| provided in division (A)(6) of this section shall inform the | 1030 |
| appropriate court employee appointed by the court of the | 1031 |
| prospective juror's request to be so excused by not later than the | 1032 |
| date on which the prospective juror is scheduled to appear for | 1033 |
| jury duty. The prospective juror shall inform that court employee | 1034 |
| of the request to be so excused by appearing in person before the | 1035 |
| employee or contacting the employee by telephone, in writing, or | 1036 |
| by electronic mail. | 1037 |
(E) When a personprospective juror who is liable to serve is | 1062 |
| excused in a case
specified in this section, the prospective juror | 1063 |
| can be excused only by the judge
presiding in the case or a | 1064 |
| representative of the judge. An excuse, including whether or not | 1065 |
| it is a permanent excuse, approved
pursuant to this section shall | 1066 |
| not extend beyond that term. Every approved
excuse shall be | 1067 |
| recorded and filed with the
commissioners of jurors. After | 1068 |
| twenty-four months, a person excused from jury service shall | 1069 |
| become eligible once again for qualification as a juror unless the | 1070 |
| person was excused from service permanently. A person is excused | 1071 |
| from jury service permanently only when the deciding judge | 1072 |
| determines that the underlying grounds for being excused are of a | 1073 |
| permanent nature. | 1074 |
Sec. 2313.18. (A) No employer shall discharge or, threaten | 1075 |
| to discharge, or take any disciplinary action that could lead to | 1076 |
| the discharge of any
permanent employee who is summoned to serve | 1077 |
| as a juror pursuant to Chapter
2313. of the Revised Code if the | 1078 |
| employee gives reasonable notice to the
employer of the summons | 1079 |
| prior to the commencement of the employee's service as
a juror and | 1080 |
| if the employee is absent from employment because of the actual | 1081 |
|
jury service. | 1082 |
| (B) No employer shall require or request an employee to use | 1083 |
| annual, vacation, or sick leave for time spent responding to a | 1084 |
| summons for jury duty, time spent participating in the jury | 1085 |
| selection process, or for time spent actually serving on a jury. | 1086 |
| Nothing in this division requires an employer to provide annual, | 1087 |
| vacation, or sick leave to employees under the provisions of this | 1088 |
| section who otherwise are not entitled to those benefits under the | 1089 |
| employer's policies. | 1090 |
| (C) A court shall automatically postpone and reschedule the | 1091 |
| service of a summoned juror of an employer with twenty-five or | 1092 |
| fewer full-time employees, or their equivalent, if another | 1093 |
| employee of that employer has previously been summoned to appear | 1094 |
| during the same term or part of a term of that court for which | 1095 |
| that juror has been summoned and if that employer or employee | 1096 |
| demonstrates to the sufficiency of the court that the other | 1097 |
| employee has been so summoned. A postponement under this division | 1098 |
| does not constitute the excused individual's right to one | 1099 |
| automatic postponement pursuant to section 2313.13 of the Revised | 1100 |
| Code. | 1101 |
| Sec. 2313.25. (A) The clerk of the court of common pleas | 1104 |
| shall deliver to the
sheriff venires containing the names and | 1105 |
addresses of the jurors drawn, and
specifying when the jurors | 1106 |
shall appear. The sheriff shall notify each juror
named thereinin | 1107 |
| the venires to attend, in person or electronically, as specified | 1108 |
| in division (B) of this section, the term or part of a term for | 1109 |
which hethe
juror was drawn, by serving upon him,the juror at | 1110 |
least six
days before the commencement thereof,of the term or | 1111 |
part of a term a notice addressed to him,the
juror stating that | 1112 |
hethe juror has been drawn as a juror
for, and is required to | 1113 |
| attend, in person or electronically, as specified in division (B) | 1114 |
| of this section, the term or part of a term specified in the | 1115 |
notice. SuchThe sheriff shall serve the notice may be served | 1116 |
personally, by mail, or by leaving it at
the juror's residence, or | 1117 |
at histhe juror's usual place of
business. Before the | 1118 |
commencement of a term, or part of a term, the sheriff
shall | 1119 |
return the venires for that term or part of a term, with histhe | 1120 |
sheriff's services thereon, and suchthe return and service shall | 1121 |
| be
presumptive evidence of the fact of such service. | 1122 |
| Sec. 2313.251. The commissioners of jurors may establish an | 1129 |
| electronic notification system to allow a person who has been | 1130 |
| drawn as a juror to be notified electronically that the juror | 1131 |
| shall attend in person the term or part of the term specified in | 1132 |
| the notice. The types of electronic notification include, but are | 1133 |
| not limited to, cellular telephone, pager, or other forms of | 1134 |
| telecommunication. If the commissioners of jurors establish an | 1135 |
| electronic notification system, the commissioners shall establish | 1136 |
| a procedure for implementing the system, a procedure for the juror | 1137 |
| to select the method of electronic notification that is applicable | 1138 |
| to the juror, and a procedure for the juror to opt in or opt out | 1139 |
| of the electronic notification system, whichever is applicable. | 1140 |
| Sec. 2313.26. At any time, during the term of a court of | 1141 |
|
record, the court may order an additional number of jurors to be | 1142 |
|
drawn by the commissioners of jurors for the term, or for part of | 1143 |
|
a term, at which the order is made, or for immediate service in a | 1144 |
|
particular case. The order shall specify the number to be drawn, | 1145 |
|
and the time of drawing. The drawing may be made either in open | 1146 |
|
court, under the direction of the judge, or in the ordinary
manner | 1147 |
| prescribed in sections 2313.01 to 2313.46, inclusive, of
the | 1148 |
| Revised Code, except that notice of the drawing is not
required to | 1149 |
| be given, provided that the required officers are
present. The | 1150 |
| sheriff shall forthwith notify the jurors so drawn,
in the same | 1151 |
| manner as other jurors are notified, to attend the
term, or part | 1152 |
| of a term, in person or electronically, as specified in section | 1153 |
| 2313.25 of the Revised Code, at the time specified in the order, | 1154 |
and
make due and proper return of the venires with histhe | 1155 |
| sheriff's
service thereon. Such return shall be presumptive | 1156 |
| evidence of the fact
of such service. | 1157 |
Sec. 2313.30. When aNo person whose name is drawn and who | 1160 |
is notified, failsshall fail to
attend and serve as a juror at a | 1161 |
term of a court of record, without having
been excused, the court, | 1162 |
besides imposing a fine as prescribed in section
2313.29 of the | 1163 |
Revised Code, may direct the sheriff to arrest him
and bring him | 1164 |
before the court; and
when he has been so brought in, it may | 1165 |
compel
him to serve, or it may punish him as for contempt of | 1166 |
court. | 1167 |
| (2) After ten days of actual service, except as otherwise | 1178 |
| authorized by
division (B)(2) of this section, the compensation of | 1179 |
| a juror shall be fixed
for each additional day of actual service | 1180 |
| at an amount equal to the
greater of fifteen dollars or one and | 1181 |
| one-half times the compensation fixed
pursuant to division (B)(1) | 1182 |
| of this section. The board of county
commissioners by resolution | 1183 |
| may set the compensation at a greater amount that
shall not exceed | 1184 |
| two times the compensation fixed pursuant to division (B)(1)
of | 1185 |
| this section. | 1186 |
| (D) Whenever the certificates of the clerk of the court of | 1199 |
|
common pleas show that a person is entitled to a discharge as | 1200 |
|
prescribed in this section, the commissioners of jurors,
upon | 1201 |
| request, shall certify to that fact. No person shall be
exempted | 1202 |
| from jury service for any reason, but a person may be excused from | 1203 |
|
jury service or have the person's jury service postponed in | 1204 |
| accordance
with sections 2313.01 to 2313.46 of the Revised Code | 1205 |
| and the
general statutes of the state. | 1206 |
Sec. 2335.28. (A) Except as provided in
divisionsdivision | 1218 |
(B)
and
(E) of this section, in any civil action in a court of | 1219 |
|
common
pleas in which a jury is sworn, the fees of the jurors | 1220 |
|
sworn
shall be taxed as costs unless the court determines that the | 1221 |
|
payment of the fees by a party against whom they are proposed to | 1222 |
|
be taxed would cause significant financial hardship to that party | 1223 |
|
or would not be in the interest of justice. | 1224 |
| (B) If a civil action in a court of common pleas is
settled | 1225 |
|
after jurors are sworn, the fees of the jurors sworn
shall be paid | 1226 |
|
in accordance with the settlement agreement. If
the agreement
does | 1227 |
| not provide for the payment of the fees, the
court shall
order | 1228 |
| that the fees be paid by any party, allocated
among the
parties, | 1229 |
| or paid by the county. In making this
determination, the
court | 1230 |
| shall consider whether the payment of
the fees by a party
against | 1231 |
| whom they are proposed to be taxed
would cause significant | 1232 |
|
financial hardship to that party or would
not be in the interest | 1233 |
|
of justice. | 1234 |
| Sec. 2945.28. (A) In criminal cases jurors and the jury shall | 1247 |
| take the following
oath to be administered by the trial court or | 1248 |
| the clerk of the court of common
pleas, and the jurors shall | 1249 |
respond to the oath "I do swear" or "I do affirm": "You shall well | 1250 |
and truly try, and true deliverance make between the
State of Ohio | 1251 |
and the defendant (giving his
name).Do you swear or affirm that | 1252 |
| you will diligently inquire into and carefully deliberate all | 1253 |
| matters between the State of Ohio and the defendant (giving the | 1254 |
| defendant's name)? Do you swear or affirm you will do this to the | 1255 |
| best of your skill and understanding, without bias or prejudice? | 1256 |
| So help you God." | 1257 |
| (B) If a judge or magistrate has reason to believe that a | 1297 |
|
defendant has failed to pay the judgment described in
division (A) | 1298 |
|
of this section or has failed to timely make payments
towards that | 1299 |
|
judgment under a payment schedule approved by the
judge or | 1300 |
|
magistrate, the judge or magistrate shall hold a hearing to | 1301 |
|
determine whether to order the offender to perform community | 1302 |
|
service for that failure. The judge or magistrate shall notify | 1303 |
|
both the defendant and the prosecuting attorney of the place, | 1304 |
|
time, and date of the hearing and shall give each an opportunity | 1305 |
|
to present evidence. If, after the hearing, the judge or | 1306 |
|
magistrate determines that the defendant has failed to pay the | 1307 |
| judgment or to timely make payments under the payment schedule and | 1308 |
| that imposition of community service for the
failure is | 1309 |
| appropriate, the judge or magistrate may order the
offender to | 1310 |
| perform community
service in an amount of not more
than forty | 1311 |
| hours per month until
the judgment is paid or until the
judge or | 1312 |
| magistrate is satisfied that the
offender is in
compliance with | 1313 |
| the approved payment schedule.
If the judge or magistrate orders | 1314 |
| the defendant to perform community service under this division, | 1315 |
| the defendant shall receive credit upon the judgment at the | 1316 |
| specified hourly credit rate per hour of community service | 1317 |
| performed, and each hour of community service performed shall | 1318 |
| reduce the judgment by that amount. Except for the credit and | 1319 |
| reduction provided in this division, ordering an
offender to | 1320 |
| perform community service under this
division does not
lessen the | 1321 |
| amount of the judgment and does not
preclude the state
from taking | 1322 |
| any other action to execute the
judgment. | 1323 |
| Section 2. That existing sections 124.38, 1901.08, 1901.141, | 1330 |
| 2301.02, 2313.08, 2313.10, 2313.11, 2313.12, 2313.13, 2313.15, | 1331 |
| 2313.16, 2313.18, 2313.25, 2313.26, 2313.30, 2313.34, 2313.99, | 1332 |
| 2335.28, 2945.28, and 2947.23 of the Revised Code are hereby | 1333 |
| repealed. | 1334 |