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To amend sections 109.57, 109.60, 1901.01, 1901.02, | 1 |
1901.03, 1901.07, 1901.08, 1901.31, 1901.34, | 2 |
1907.11, and 2501.012 and to enact sections | 3 |
1901.43, 1907.181, and 2301.10 of the Revised | 4 |
Code, to create the Carroll County Municipal Court | 5 |
and abolish the Carroll County County Court on | 6 |
January 1, 2007, to provide one full-time judge | 7 |
for the Carroll County Municipal Court to be | 8 |
elected in 2009, to create the Erie County | 9 |
Municipal court on January 1, 2008, to establish | 10 |
one full-time judgeship in that court, to abolish | 11 |
the Erie County County Court on that date, to | 12 |
provide for the election for the Erie County | 13 |
Municipal Court of one full-time judge in 2007, to | 14 |
add one additional judge to the Twelfth District | 15 |
Court of Appeals to be elected at the 2008 general | 16 |
election, to abolish the Cuyahoga Falls Municipal | 17 |
Court and to create the Stow Municipal Court as | 18 |
its replacement effective January 1, 2009, to | 19 |
clarify when a court must order a person to be | 20 |
fingerprinted, to clarify that the former township | 21 |
of Northampton is no longer within the | 22 |
jurisdiction of the Akron Municipal Court, to | 23 |
amend the versions of sections 1901.01, 1901.02, | 24 |
1901.03, 1901.08, 1901.31, 1901.34, and 1907.11 of | 25 |
the Revised Code that are scheduled to take effect | 26 |
January 18, 2007, to continue the provisions of | 27 |
this act on and after that effective date, and to | 28 |
declare an emergency. | 29 |
Section 1. That sections 109.57, 109.60, 1901.01, 1901.02, | 30 |
1901.03, 1901.07, 1901.08, 1901.31, 1901.34, 1907.11, and 2501.012 | 31 |
be amended and sections 1901.43, 1907.181, and 2301.10 of the | 32 |
Revised Code be enacted to read as follows: | 33 |
Sec. 109.57. (A)(1) The superintendent of the bureau of | 34 |
criminal identification and investigation shall procure from | 35 |
wherever procurable and file for record photographs, pictures, | 36 |
descriptions, fingerprints, measurements, and other information | 37 |
that may be pertinent of all persons who have been convicted of | 38 |
committing within this state a felony, any crime constituting a | 39 |
misdemeanor on the first offense and a felony on subsequent | 40 |
offenses, or any misdemeanor described in division (A)(1)(a) or | 41 |
(A)(10)(a) of section 109.572 of the Revised Code, of all children | 42 |
under eighteen years of age who have been adjudicated delinquent | 43 |
children for committing within this state an act that would be a | 44 |
felony or an offense of violence if committed by an adult or who | 45 |
have been convicted of or pleaded guilty to committing within this | 46 |
state a felony or an offense of violence, and of all well-known | 47 |
and habitual criminals. The person in charge of any county, | 48 |
multicounty, municipal, municipal-county, or multicounty-municipal | 49 |
jail or workhouse, community-based correctional facility, halfway | 50 |
house, alternative residential facility, or state correctional | 51 |
institution and the person in charge of any state institution | 52 |
having custody of a person suspected of having committed a felony, | 53 |
any crime constituting a misdemeanor on the first offense and a | 54 |
felony on subsequent offenses, or any misdemeanor described in | 55 |
division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised | 56 |
Code or having custody of a child under eighteen years of age with | 57 |
respect to whom there is probable cause to believe that the child | 58 |
may have committed an act that would be a felony or an offense of | 59 |
violence if committed by an adult shall furnish such material to | 60 |
the superintendent of the bureau. Fingerprints, photographs, or | 61 |
other descriptive information of a child who is under eighteen | 62 |
years of age, has not been arrested or otherwise taken into | 63 |
custody for committing an act that would be a felony or an offense | 64 |
of violence if committed by an adult, has not been adjudicated a | 65 |
delinquent child for committing an act that would be a felony or | 66 |
an offense of violence if committed by an adult, has not been | 67 |
convicted of or pleaded guilty to committing a felony or an | 68 |
offense of violence, and is not a child with respect to whom there | 69 |
is probable cause to believe that the child may have committed an | 70 |
act that would be a felony or an offense of violence if committed | 71 |
by an adult shall not be procured by the superintendent or | 72 |
furnished by any person in charge of any county, multicounty, | 73 |
municipal, municipal-county, or multicounty-municipal jail or | 74 |
workhouse, community-based correctional facility, halfway house, | 75 |
alternative residential facility, or state correctional | 76 |
institution, except as authorized in section 2151.313 of the | 77 |
Revised Code. | 78 |
(2) Every clerk of a court of record in this state, other | 79 |
than the supreme court or a court of appeals, shall send to the | 80 |
superintendent of the bureau a weekly report containing a summary | 81 |
of each case involving a felony, involving any crime constituting | 82 |
a misdemeanor on the first offense and a felony on subsequent | 83 |
offenses, involving a misdemeanor described in division (A)(1)(a) | 84 |
or (A)(10)(a) of section 109.572 of the Revised Code, or involving | 85 |
an adjudication in a case in which a child under eighteen years of | 86 |
age was alleged to be a delinquent child for committing an act | 87 |
that would be a felony or an offense of violence if committed by | 88 |
an adult. The clerk of the court of common pleas shall include in | 89 |
the report and summary the clerk sends under this division all | 90 |
information described in divisions (A)(2)(a) to (f) of this | 91 |
section regarding a case before the court of appeals that is | 92 |
served by that clerk. The summary shall be written on the standard | 93 |
forms furnished by the superintendent pursuant to division (B) of | 94 |
this section and shall include the following information: | 95 |
(a) The incident tracking number contained on the standard | 96 |
forms furnished by the superintendent pursuant to division (B) of | 97 |
this section; | 98 |
(b) The style and number of the case; | 99 |
(c) The date of arrest, offense, summons, or arraignment; | 100 |
(d) The date that the person was convicted of or pleaded | 101 |
guilty to the offense, adjudicated a delinquent child for | 102 |
committing the act that would be a felony or an offense of | 103 |
violence if committed by an adult, found not guilty of the | 104 |
offense, or found not to be a delinquent child for committing an | 105 |
act that would be a felony or an offense of violence if committed | 106 |
by an adult, the date of an entry dismissing the charge, an entry | 107 |
declaring a mistrial of the offense in which the person is | 108 |
discharged, an entry finding that the person or child is not | 109 |
competent to stand trial, or an entry of a nolle prosequi, or the | 110 |
date of any other determination that constitutes final resolution | 111 |
of the case; | 112 |
(e) A statement of the original charge with the section of | 113 |
the Revised Code that was alleged to be violated; | 114 |
(f) If the person or child was convicted, pleaded guilty, or | 115 |
was adjudicated a delinquent child, the sentence or terms of | 116 |
probation imposed or any other disposition of the offender or the | 117 |
delinquent child. | 118 |
If the offense involved the disarming of a law enforcement | 119 |
officer or an attempt to disarm a law enforcement officer, the | 120 |
clerk shall clearly state that fact in the summary, and the | 121 |
superintendent shall ensure that a clear statement of that fact is | 122 |
placed in the bureau's records. | 123 |
(3) The superintendent shall cooperate with and assist | 124 |
sheriffs, chiefs of police, and other law enforcement officers in | 125 |
the establishment of a complete system of criminal identification | 126 |
and in obtaining fingerprints and other means of identification of | 127 |
all persons arrested on a charge of a felony, any crime | 128 |
constituting a misdemeanor on the first offense and a felony on | 129 |
subsequent offenses, or a misdemeanor described in division | 130 |
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and | 131 |
of all children under eighteen years of age arrested or otherwise | 132 |
taken into custody for committing an act that would be a felony or | 133 |
an offense of violence if committed by an adult. The | 134 |
superintendent also shall file for record the fingerprint | 135 |
impressions of all persons confined in a county, multicounty, | 136 |
municipal, municipal-county, or multicounty-municipal jail or | 137 |
workhouse, community-based correctional facility, halfway house, | 138 |
alternative residential facility, or state correctional | 139 |
institution for the violation of state laws and of all children | 140 |
under eighteen years of age who are confined in a county, | 141 |
multicounty, municipal, municipal-county, or multicounty-municipal | 142 |
jail or workhouse, community-based correctional facility, halfway | 143 |
house, alternative residential facility, or state correctional | 144 |
institution or in any facility for delinquent children for | 145 |
committing an act that would be a felony or an offense of violence | 146 |
if committed by an adult, and any other information that the | 147 |
superintendent may receive from law enforcement officials of the | 148 |
state and its political subdivisions. | 149 |
(4) The superintendent shall carry out Chapter 2950. of the | 150 |
Revised Code with respect to the registration of persons who are | 151 |
convicted of or plead guilty to either a sexually oriented offense | 152 |
that is not a registration-exempt sexually oriented offense or a | 153 |
child-victim oriented offense and with respect to all other duties | 154 |
imposed on the bureau under that chapter. | 155 |
(5) The bureau shall perform centralized recordkeeping | 156 |
functions for criminal history records and services in this state | 157 |
for purposes of the national crime prevention and privacy compact | 158 |
set forth in section 109.571 of the Revised Code and is the | 159 |
criminal history record repository as defined in that section for | 160 |
purposes of that compact. The superintendent or the | 161 |
superintendent's designee is the compact officer for purposes of | 162 |
that compact and shall carry out the responsibilities of the | 163 |
compact officer specified in that compact. | 164 |
(B) The superintendent shall prepare and furnish to every | 165 |
county, multicounty, municipal, municipal-county, or | 166 |
multicounty-municipal jail or workhouse, community-based | 167 |
correctional facility, halfway house, alternative residential | 168 |
facility, or state correctional institution and to every clerk of | 169 |
a court in this state specified in division (A)(2) of this section | 170 |
standard forms for reporting the information required under | 171 |
division (A) of this section. The standard forms that the | 172 |
superintendent prepares pursuant to this division may be in a | 173 |
tangible format, in an electronic format, or in both tangible | 174 |
formats and electronic formats. | 175 |
(C) The superintendent may operate a center for electronic, | 176 |
automated, or other data processing for the storage and retrieval | 177 |
of information, data, and statistics pertaining to criminals and | 178 |
to children under eighteen years of age who are adjudicated | 179 |
delinquent children for committing an act that would be a felony | 180 |
or an offense of violence if committed by an adult, criminal | 181 |
activity, crime prevention, law enforcement, and criminal justice, | 182 |
and may establish and operate a statewide communications network | 183 |
to gather and disseminate information, data, and statistics for | 184 |
the use of law enforcement agencies. The superintendent may | 185 |
gather, store, retrieve, and disseminate information, data, and | 186 |
statistics that pertain to children who are under eighteen years | 187 |
of age and that are gathered pursuant to sections 109.57 to 109.61 | 188 |
of the Revised Code together with information, data, and | 189 |
statistics that pertain to adults and that are gathered pursuant | 190 |
to those sections. In addition to any other authorized use of | 191 |
information, data, and statistics of that nature, the | 192 |
superintendent or the superintendent's designee may provide and | 193 |
exchange the information, data, and statistics pursuant to the | 194 |
national crime prevention and privacy compact as described in | 195 |
division (A)(5) of this section. | 196 |
(D) The information and materials furnished to the | 197 |
superintendent pursuant to division (A) of this section and | 198 |
information and materials furnished to any board or person under | 199 |
division (F) or (G) of this section are not public records under | 200 |
section 149.43 of the Revised Code. | 201 |
(E) The attorney general shall adopt rules, in accordance | 202 |
with Chapter 119. of the Revised Code, setting forth the procedure | 203 |
by which a person may receive or release information gathered by | 204 |
the superintendent pursuant to division (A) of this section. A | 205 |
reasonable fee may be charged for this service. If a temporary | 206 |
employment service submits a request for a determination of | 207 |
whether a person the service plans to refer to an employment | 208 |
position has been convicted of or pleaded guilty to an offense | 209 |
listed in division (A)(1), (3), (4), (5), or (6) of section | 210 |
109.572 of the Revised Code, the request shall be treated as a | 211 |
single request and only one fee shall be charged. | 212 |
(F)(1) As used in division (F)(2) of this section, "head | 213 |
start agency" means an entity in this state that has been approved | 214 |
to be an agency for purposes of subchapter II of the "Community | 215 |
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 216 |
as amended. | 217 |
(2)(a) In addition to or in conjunction with any request that | 218 |
is required to be made under section 109.572, 2151.86, 3301.32, | 219 |
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, | 220 |
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of | 221 |
education of any school district; the director of mental | 222 |
retardation and developmental disabilities; any county board of | 223 |
mental retardation and developmental disabilities; any entity | 224 |
under contract with a county board of mental retardation and | 225 |
developmental disabilities; the chief administrator of any | 226 |
chartered nonpublic school; the chief administrator of any home | 227 |
health agency; the chief administrator of or person operating any | 228 |
child day-care center, type A family day-care home, or type B | 229 |
family day-care home licensed or certified under Chapter 5104. of | 230 |
the Revised Code; the administrator of any type C family day-care | 231 |
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st | 232 |
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st | 233 |
general assembly; the chief administrator of any head start | 234 |
agency; or the executive director of a public children services | 235 |
agency may request that the superintendent of the bureau | 236 |
investigate and determine, with respect to any individual who has | 237 |
applied for employment in any position after October 2, 1989, or | 238 |
any individual wishing to apply for employment with a board of | 239 |
education may request, with regard to the individual, whether the | 240 |
bureau has any information gathered under division (A) of this | 241 |
section that pertains to that individual. On receipt of the | 242 |
request, the superintendent shall determine whether that | 243 |
information exists and, upon request of the person, board, or | 244 |
entity requesting information, also shall request from the federal | 245 |
bureau of investigation any criminal records it has pertaining to | 246 |
that individual. The superintendent or the superintendent's | 247 |
designee also may request criminal history records from other | 248 |
states or the federal government pursuant to the national crime | 249 |
prevention and privacy compact set forth in section 109.571 of the | 250 |
Revised Code. Within thirty days of the date that the | 251 |
superintendent receives a request, the superintendent shall send | 252 |
to the board, entity, or person a report of any information that | 253 |
the superintendent determines exists, including information | 254 |
contained in records that have been sealed under section 2953.32 | 255 |
of the Revised Code, and, within thirty days of its receipt, shall | 256 |
send the board, entity, or person a report of any information | 257 |
received from the federal bureau of investigation, other than | 258 |
information the dissemination of which is prohibited by federal | 259 |
law. | 260 |
(b) When a board of education is required to receive | 261 |
information under this section as a prerequisite to employment of | 262 |
an individual pursuant to section 3319.39 of the Revised Code, it | 263 |
may accept a certified copy of records that were issued by the | 264 |
bureau of criminal identification and investigation and that are | 265 |
presented by an individual applying for employment with the | 266 |
district in lieu of requesting that information itself. In such a | 267 |
case, the board shall accept the certified copy issued by the | 268 |
bureau in order to make a photocopy of it for that individual's | 269 |
employment application documents and shall return the certified | 270 |
copy to the individual. In a case of that nature, a district only | 271 |
shall accept a certified copy of records of that nature within one | 272 |
year after the date of their issuance by the bureau. | 273 |
(3) The state board of education may request, with respect to | 274 |
any individual who has applied for employment after October 2, | 275 |
1989, in any position with the state board or the department of | 276 |
education, any information that a school district board of | 277 |
education is authorized to request under division (F)(2) of this | 278 |
section, and the superintendent of the bureau shall proceed as if | 279 |
the request has been received from a school district board of | 280 |
education under division (F)(2) of this section. | 281 |
(4) When the superintendent of the bureau receives a request | 282 |
for information under section 3319.291 of the Revised Code, the | 283 |
superintendent shall proceed as if the request has been received | 284 |
from a school district board of education under division (F)(2) of | 285 |
this section. | 286 |
(5) When a recipient of a classroom reading improvement grant | 287 |
paid under section 3301.86 of the Revised Code requests, with | 288 |
respect to any individual who applies to participate in providing | 289 |
any program or service funded in whole or in part by the grant, | 290 |
the information that a school district board of education is | 291 |
authorized to request under division (F)(2)(a) of this section, | 292 |
the superintendent of the bureau shall proceed as if the request | 293 |
has been received from a school district board of education under | 294 |
division (F)(2)(a) of this section. | 295 |
(G) In addition to or in conjunction with any request that is | 296 |
required to be made under section 3701.881, 3712.09, 3721.121, or | 297 |
3722.151 of the Revised Code with respect to an individual who has | 298 |
applied for employment in a position that involves providing | 299 |
direct care to an older adult, the chief administrator of a home | 300 |
health agency, hospice care program, home licensed under Chapter | 301 |
3721. of the Revised Code, adult day-care program operated | 302 |
pursuant to rules adopted under section 3721.04 of the Revised | 303 |
Code, or adult care facility may request that the superintendent | 304 |
of the bureau investigate and determine, with respect to any | 305 |
individual who has applied after January 27, 1997, for employment | 306 |
in a position that does not involve providing direct care to an | 307 |
older adult, whether the bureau has any information gathered under | 308 |
division (A) of this section that pertains to that individual. | 309 |
In addition to or in conjunction with any request that is | 310 |
required to be made under section 173.27 of the Revised Code with | 311 |
respect to an individual who has applied for employment in a | 312 |
position that involves providing ombudsperson services to | 313 |
residents of long-term care facilities or recipients of | 314 |
community-based long-term care services, the state long-term care | 315 |
ombudsperson, ombudsperson's designee, or director of health may | 316 |
request that the superintendent investigate and determine, with | 317 |
respect to any individual who has applied for employment in a | 318 |
position that does not involve providing such ombudsperson | 319 |
services, whether the bureau has any information gathered under | 320 |
division (A) of this section that pertains to that applicant. | 321 |
In addition to or in conjunction with any request that is | 322 |
required to be made under section 173.394 of the Revised Code with | 323 |
respect to an individual who has applied for employment in a | 324 |
position that involves providing direct care to an individual, the | 325 |
chief administrator of a community-based long-term care agency may | 326 |
request that the superintendent investigate and determine, with | 327 |
respect to any individual who has applied for employment in a | 328 |
position that does not involve providing direct care, whether the | 329 |
bureau has any information gathered under division (A) of this | 330 |
section that pertains to that applicant. | 331 |
On receipt of a request under this division, the | 332 |
superintendent shall determine whether that information exists | 333 |
and, on request of the individual requesting information, shall | 334 |
also request from the federal bureau of investigation any criminal | 335 |
records it has pertaining to the applicant. The superintendent or | 336 |
the superintendent's designee also may request criminal history | 337 |
records from other states or the federal government pursuant to | 338 |
the national crime prevention and privacy compact set forth in | 339 |
section 109.571 of the Revised Code. Within thirty days of the | 340 |
date a request is received, the superintendent shall send to the | 341 |
requester a report of any information determined to exist, | 342 |
including information contained in records that have been sealed | 343 |
under section 2953.32 of the Revised Code, and, within thirty days | 344 |
of its receipt, shall send the requester a report of any | 345 |
information received from the federal bureau of investigation, | 346 |
other than information the dissemination of which is prohibited by | 347 |
federal law. | 348 |
(H) Information obtained by a government entity or person | 349 |
under this section is confidential and shall not be released or | 350 |
disseminated. | 351 |
(I) The superintendent may charge a reasonable fee for | 352 |
providing information or criminal records under division (F)(2) or | 353 |
(G) of this section. | 354 |
Sec. 109.60. (A)(1) The sheriffs of the several counties and | 355 |
the chiefs of police of cities, immediately upon the arrest of any | 356 |
person for any felony, on suspicion of any felony, for a crime | 357 |
constituting a misdemeanor on the first offense and a felony on | 358 |
subsequent offenses, or for any misdemeanor described in division | 359 |
(A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code, | 360 |
and immediately upon the arrest or taking into custody of any | 361 |
child under eighteen years of age for committing an act that would | 362 |
be a felony or an offense of violence if committed by an adult or | 363 |
upon probable cause to believe that a child of that age may have | 364 |
committed an act that would be a felony or an offense of violence | 365 |
if committed by an adult, shall take the person's or child's | 366 |
fingerprints, or cause the same to be taken, according to the | 367 |
fingerprint system of identification on the forms furnished by the | 368 |
superintendent of the bureau of criminal identification and | 369 |
investigation, and immediately shall forward copies of the | 370 |
completed forms, any other description that may be required, and | 371 |
the history of the offense committed to the bureau to be | 372 |
classified and filed and to the clerk of the court having | 373 |
jurisdiction over the prosecution of the offense or over the | 374 |
adjudication relative to the act. | 375 |
(2) | 376 |
a person or child has not been arrested and first appears before a | 377 |
court or magistrate in response to a summons, or if a sheriff or | 378 |
chief of police has not taken, or caused to be taken, a person's | 379 |
or child's fingerprints in accordance with division (A)(1) of this | 380 |
section by the time of the arraignment or first appearance of the | 381 |
person or child, the court shall order the person or child to | 382 |
appear before the sheriff or chief of police within twenty-four | 383 |
hours to have the person's or child's fingerprints taken. The | 384 |
sheriff or chief of police shall take the person's or child's | 385 |
fingerprints, or cause the fingerprints to be taken, according to | 386 |
the fingerprint system of identification on the forms furnished by | 387 |
the superintendent of the bureau of criminal identification and | 388 |
investigation and, immediately after the person's or child's | 389 |
arraignment or first appearance, forward copies of the completed | 390 |
forms, any other description that may be required, and the history | 391 |
of the offense committed to the bureau to be classified and filed | 392 |
and to the clerk of the court. | 393 |
(3) Every court with jurisdiction over a case involving a | 394 |
person or child with respect to whom division (A)(1) or (2) of | 395 |
this section requires a sheriff or chief of police to take the | 396 |
person's or child's fingerprints shall inquire at the time of the | 397 |
person's or child's sentencing or adjudication whether or not the | 398 |
person or child has been fingerprinted pursuant to division (A)(1) | 399 |
or (2) of this section for the original arrest upon which the | 400 |
sentence or adjudication is based. If the person or child was not | 401 |
fingerprinted for the original arrest or court appearance upon | 402 |
which the sentence or adjudication is based, the court shall order | 403 |
the person or child to appear before the sheriff or chief of | 404 |
police within twenty-four hours to have the person's or child's | 405 |
fingerprints taken. The sheriff or chief of police shall take the | 406 |
person's or child's fingerprints, or cause the fingerprints to be | 407 |
taken, according to the fingerprint system of identification on | 408 |
the forms furnished by the superintendent of the bureau of | 409 |
criminal identification and investigation and immediately forward | 410 |
copies of the completed forms, any other description that may be | 411 |
required, and the history of the offense committed to the bureau | 412 |
to be classified and filed and to the clerk of the court. | 413 |
(4) If a person or child is in the custody of a law | 414 |
enforcement agency or a detention facility, as defined in section | 415 |
2921.01 of the Revised Code, and the chief law enforcement officer | 416 |
or chief administrative officer of the detention facility | 417 |
discovers that a warrant has been issued or a bill of information | 418 |
has been filed alleging the person or child to have committed an | 419 |
offense or act other than the offense or act for which the person | 420 |
or child is in custody, and the other alleged offense or act is | 421 |
one for which fingerprints are to be taken pursuant to division | 422 |
(A)(1) of this section, the law enforcement agency or detention | 423 |
facility shall take the fingerprints of the person or child, or | 424 |
cause the fingerprints to be taken, according to the fingerprint | 425 |
system of identification on the forms furnished by the | 426 |
superintendent of the bureau of criminal identification and | 427 |
investigation and immediately forward copies of the completed | 428 |
forms, any other description that may be required, and the history | 429 |
of the offense committed to the bureau to be classified and filed | 430 |
and to the clerk of the court that issued the warrant or with | 431 |
which the bill of information was filed. | 432 |
(5) If an accused is found not guilty of the offense charged | 433 |
or a nolle prosequi is entered in any case, or if any accused | 434 |
child under eighteen years of age is found not to be a delinquent | 435 |
child for committing an act that would be a felony or an offense | 436 |
of violence if committed by an adult or not guilty of the felony | 437 |
or offense of violence charged or a nolle prosequi is entered in | 438 |
that case, the fingerprints and description shall be given to the | 439 |
accused upon the accused's request. | 440 |
(6) The superintendent shall compare the description received | 441 |
with those already on file in the bureau, and, if the | 442 |
superintendent finds that the person arrested or taken into | 443 |
custody has a criminal record or a record as a delinquent child | 444 |
for having committed an act that would be a felony or an offense | 445 |
of violence if committed by an adult or is a fugitive from justice | 446 |
or wanted by any jurisdiction in this or another state, the United | 447 |
States, or a foreign country for any offense, the superintendent | 448 |
at once shall inform the arresting officer, the officer taking the | 449 |
person into custody, or the chief administrative officer of the | 450 |
county, multicounty, municipal, municipal-county, or | 451 |
multicounty-municipal jail or workhouse, community-based | 452 |
correctional facility, halfway house, alternative residential | 453 |
facility, or state correctional institution in which the person or | 454 |
child is in custody of that fact and give appropriate notice to | 455 |
the proper authorities in the jurisdiction in which the person is | 456 |
wanted, or, if that jurisdiction is a foreign country, give | 457 |
appropriate notice to federal authorities for transmission to the | 458 |
foreign country. The names, under which each person whose | 459 |
identification is filed is known, shall be alphabetically indexed | 460 |
by the superintendent. | 461 |
(B) Division (A) of this section does not apply to a violator | 462 |
of a city ordinance unless the officers have reason to believe | 463 |
that the violator is a past offender or the crime is one | 464 |
constituting a misdemeanor on the first offense and a felony on | 465 |
subsequent offenses, or unless it is advisable for the purpose of | 466 |
subsequent identification. This section does not apply to any | 467 |
child under eighteen years of age who was not arrested or | 468 |
otherwise taken into custody for committing an act that would be a | 469 |
felony or an offense of violence if committed by an adult or upon | 470 |
probable cause to believe that a child of that age may have | 471 |
committed an act that would be a felony or an offense of violence | 472 |
if committed by an adult, except as provided in section 2151.313 | 473 |
of the Revised Code. | 474 |
(C)(1) For purposes of division (C) of this section, a law | 475 |
enforcement agency shall be considered to have arrested a person | 476 |
if any law enforcement officer who is employed by, appointed by, | 477 |
or serves that agency arrests the person. As used in division (C) | 478 |
of this section: | 479 |
(a) "Illegal methamphetamine manufacturing laboratory" has | 480 |
the same meaning as in section 3745.13 of the Revised Code. | 481 |
(b) "Methamphetamine or a methamphetamine product" means | 482 |
methamphetamine, any salt, isomer, or salt of an isomer of | 483 |
methamphetamine, or any compound, mixture, preparation, or | 484 |
substance containing methamphetamine or any salt, isomer, or salt | 485 |
of an isomer of methamphetamine. | 486 |
(2) Each law enforcement agency that, in any calendar year, | 487 |
arrests any person for a violation of section 2925.04 of the | 488 |
Revised Code that is based on the manufacture of methamphetamine | 489 |
or a methamphetamine product, a violation of section 2925.041 of | 490 |
the Revised Code that is based on the possession of chemicals | 491 |
sufficient to produce methamphetamine or a methamphetamine | 492 |
product, or a violation of any other provision of Chapter 2925. or | 493 |
3719. of the Revised Code that is based on the possession of | 494 |
chemicals sufficient to produce methamphetamine or a | 495 |
methamphetamine product shall prepare an annual report covering | 496 |
the calendar year that contains the information specified in | 497 |
division (C)(3) of this section relative to all arrests for | 498 |
violations of those sections committed under those circumstances | 499 |
during that calendar year and relative to illegal methamphetamine | 500 |
manufacturing laboratories, dump sites, and chemical caches as | 501 |
specified in that division and shall send the annual report, not | 502 |
later than the first day of March in the calendar year following | 503 |
the calendar year covered by the report, to the bureau of criminal | 504 |
identification and investigation. | 505 |
The law enforcement agency shall write any annual report | 506 |
prepared and filed under this division on the standard forms | 507 |
furnished by the superintendent of the bureau of criminal | 508 |
identification and investigation pursuant to division (C)(4) of | 509 |
this section. The annual report shall be a statistical report, and | 510 |
nothing in the report or in the information it contains shall | 511 |
identify, or enable the identification of, any person who was | 512 |
arrested and whose arrest is included in the information contained | 513 |
in the report. The annual report in the possession of the bureau | 514 |
and the information it contains are public records for the purpose | 515 |
of section 149.43 of the Revised Code. | 516 |
(3) The annual report prepared and filed by a law enforcement | 517 |
agency under division (C)(2) of this section shall contain all of | 518 |
the following information for the calendar year covered by the | 519 |
report: | 520 |
(a) The total number of arrests made by the agency in that | 521 |
calendar year for a violation of section 2925.04 of the Revised | 522 |
Code that is based on the manufacture of methamphetamine or a | 523 |
methamphetamine product, a violation of section 2925.041 of the | 524 |
Revised Code that is based on the possession of chemicals | 525 |
sufficient to produce methamphetamine or a methamphetamine | 526 |
product, or a violation of any other provision of Chapter 2925. or | 527 |
3719. of the Revised Code that is based on the possession of | 528 |
chemicals sufficient to produce methamphetamine or a | 529 |
methamphetamine product; | 530 |
(b) The total number of illegal methamphetamine manufacturing | 531 |
laboratories at which one or more of the arrests reported under | 532 |
division (C)(3)(a) of this section occurred, or that were | 533 |
discovered in that calendar year within the territory served by | 534 |
the agency but at which none of the arrests reported under | 535 |
division (C)(3)(a) of this section occurred; | 536 |
(c) The total number of dump sites and chemical caches that | 537 |
are, or that are reasonably believed to be, related to illegal | 538 |
methamphetamine manufacturing and that were discovered in that | 539 |
calendar year within the territory served by the agency. | 540 |
(4) The superintendent of the bureau of criminal | 541 |
identification and investigation shall prepare and furnish to each | 542 |
law enforcement agency in this state standard forms for making the | 543 |
annual reports required by division (C)(2) of this section. The | 544 |
standard forms that the superintendent prepares pursuant to this | 545 |
division may be in a tangible format, in an electronic format, or | 546 |
in both a tangible format and an electronic format. | 547 |
(5) The annual report required by division (C)(2) of this | 548 |
section is separate from, and in addition to, any report, | 549 |
materials, or information required under division (A) of this | 550 |
section or under any other provision of sections 109.57 to 109.62 | 551 |
of the Revised Code. | 552 |
Sec. 1901.01. (A) There is hereby established a municipal | 553 |
court in each of the following municipal corporations: | 554 |
Akron, Alliance, Ashland, Ashtabula, Athens, Avon Lake, | 555 |
Barberton, Bedford, Bellefontaine, Bellevue, Berea, Bowling Green, | 556 |
Bryan, Bucyrus, Cambridge, Campbell, Canton, Carrollton, Celina, | 557 |
Chardon, Chesapeake, Chillicothe, Cincinnati, Circleville, | 558 |
Cleveland, Cleveland Heights, Columbus, Conneaut, Coshocton, | 559 |
Cuyahoga Falls, Dayton, Defiance, Delaware, East Cleveland, East | 560 |
Liverpool, Eaton, Elyria, Euclid, Fairborn, Fairfield, Findlay, | 561 |
Fostoria, Franklin, Fremont, Gallipolis, Garfield Heights, | 562 |
Georgetown, Girard, Greenville, Hamilton, Hillsboro, Huron, | 563 |
Ironton, Jackson, Kenton, Kettering, Lakewood, Lancaster, Lebanon, | 564 |
Lima, Logan, London, Lorain, Lyndhurst, Mansfield, Marietta, | 565 |
Marion, Marysville, Mason, Massillon, Maumee, Medina, Mentor, | 566 |
Miamisburg, Middletown, Mount Gilead, Mount Vernon, Napoleon, | 567 |
Newark, New Philadelphia, Newton Falls, Niles, Norwalk, Oakwood, | 568 |
Oberlin, Oregon, Painesville, Parma, Perrysburg, Port Clinton, | 569 |
Portsmouth, Ravenna, Rocky River, Sandusky, Shaker Heights, | 570 |
Shelby, Sidney, South Euclid, Springfield, Steubenville, | 571 |
Struthers, Sylvania, Tiffin, Toledo, Troy, Upper Sandusky, Urbana, | 572 |
Vandalia, Van Wert, Vermilion, Wadsworth, Wapakoneta, Warren, City | 573 |
of Washington in Fayette county, to be known as Washington Court | 574 |
House, Willoughby, Wilmington, Wooster, Xenia, Youngstown, and | 575 |
Zanesville. | 576 |
(B) There is hereby established a municipal court within | 577 |
Clermont county in Batavia or in any other municipal corporation | 578 |
or unincorporated territory within Clermont county that is | 579 |
selected by the legislative authority of the Clermont county | 580 |
municipal court. The municipal court established by this division | 581 |
is a continuation of the municipal court previously established in | 582 |
Batavia by this section before the enactment of this division. | 583 |
(C) There is hereby established a municipal court within | 584 |
Columbiana | 585 |
corporation or unincorporated territory within Columbiana county, | 586 |
except the municipal corporation of East Liverpool or Liverpool or | 587 |
St. Clair township, that is selected by the judges of the | 588 |
municipal court pursuant to division (I) of section 1901.021 of | 589 |
the Revised Code. | 590 |
Sec. 1901.02. (A) The municipal courts established by | 591 |
section 1901.01 of the Revised Code have jurisdiction within the | 592 |
corporate limits of their respective municipal corporations, or, | 593 |
for the Clermont county municipal court, within the municipal | 594 |
corporation or unincorporated territory in which it is | 595 |
established, and are courts of record. Each of the courts shall be | 596 |
styled ".................................. municipal court," | 597 |
inserting the name of the municipal corporation, except the | 598 |
following courts, which shall be styled as set forth below: | 599 |
(1) The municipal court established in Chesapeake that shall | 600 |
be styled and known as the "Lawrence county municipal court"; | 601 |
(2) The municipal court established in Cincinnati that shall | 602 |
be styled and known as the "Hamilton county municipal court"; | 603 |
(3) The municipal court established in Ravenna that shall be | 604 |
styled and known as the "Portage county municipal court"; | 605 |
(4) The municipal court established in Athens that shall be | 606 |
styled and known as the "Athens county municipal court"; | 607 |
(5) The municipal court established in Columbus that shall be | 608 |
styled and known as the "Franklin county municipal court"; | 609 |
(6) The municipal court established in London that shall be | 610 |
styled and known as the "Madison county municipal court"; | 611 |
(7) The municipal court established in Newark that shall be | 612 |
styled and known as the "Licking county municipal court"; | 613 |
(8) The municipal court established in Wooster that shall be | 614 |
styled and known as the "Wayne county municipal court"; | 615 |
(9) The municipal court established in Wapakoneta that shall | 616 |
be styled and known as the "Auglaize county municipal court"; | 617 |
(10) The municipal court established in Troy that shall be | 618 |
styled and known as the "Miami county municipal court"; | 619 |
(11) The municipal court established in Bucyrus that shall be | 620 |
styled and known as the "Crawford county municipal court"; | 621 |
(12) The municipal court established in Logan that shall be | 622 |
styled and known as the "Hocking county municipal court"; | 623 |
(13) The municipal court established in Urbana that shall be | 624 |
styled and known as the "Champaign county municipal court"; | 625 |
(14) The municipal court established in Jackson that shall be | 626 |
styled and known as the "Jackson county municipal court"; | 627 |
(15) The municipal court established in Springfield that | 628 |
shall be styled and known as the "Clark county municipal court"; | 629 |
(16) The municipal court established in Kenton that shall be | 630 |
styled and known as the "Hardin county municipal court"; | 631 |
(17) The municipal court established within Clermont county | 632 |
in Batavia or in any other municipal corporation or unincorporated | 633 |
territory within Clermont county that is selected by the | 634 |
legislative authority of that court that shall be styled and known | 635 |
as the "Clermont county municipal court"; | 636 |
(18) The municipal court established in Wilmington that, | 637 |
beginning July 1, 1992, shall be styled and known as the "Clinton | 638 |
county municipal court"; | 639 |
(19) The municipal court established in Port Clinton that | 640 |
shall be styled and known as "the Ottawa county municipal court"; | 641 |
(20) The municipal court established in Lancaster that, | 642 |
beginning January 2, 2000, shall be styled and known as the | 643 |
"Fairfield county municipal court"; | 644 |
(21) The municipal court established within Columbiana county | 645 |
in Lisbon or in any other municipal corporation or unincorporated | 646 |
territory selected pursuant to division (I) of section 1901.021 of | 647 |
the Revised Code, that shall be styled and known as the | 648 |
"Columbiana county municipal court"; | 649 |
(22) The municipal court established in Georgetown that, | 650 |
beginning February 9, 2003, shall be styled and known as the | 651 |
"Brown county municipal court"; | 652 |
(23) The municipal court established in Mount Gilead that, | 653 |
beginning January 1, 2003, shall be styled and known as the | 654 |
"Morrow county municipal court"; | 655 |
(24) The municipal court established in Greenville that, | 656 |
beginning January 1, 2005, shall be styled and known as the "Darke | 657 |
county municipal court | 658 |
(25) The municipal court established in Carrollton that, | 659 |
beginning January 1, 2007, shall be styled and known as the | 660 |
"Carroll county municipal court." | 661 |
(B) In addition to the jurisdiction set forth in division (A) | 662 |
of this section, the municipal courts established by section | 663 |
1901.01 of the Revised Code have jurisdiction as follows: | 664 |
The Akron municipal court has jurisdiction within Bath, | 665 |
666 | |
municipal corporations of Fairlawn, Lakemore, and Mogadore, in | 667 |
Summit county. | 668 |
The Alliance municipal court has jurisdiction within | 669 |
Lexington, Marlboro, Paris, and Washington townships in Stark | 670 |
county. | 671 |
The Ashland municipal court has jurisdiction within Ashland | 672 |
county. | 673 |
The Ashtabula municipal court has jurisdiction within | 674 |
Ashtabula, Plymouth, and Saybrook townships in Ashtabula county. | 675 |
The Athens county municipal court has jurisdiction within | 676 |
Athens county. | 677 |
The Auglaize county municipal court has jurisdiction within | 678 |
Auglaize county. | 679 |
The Avon Lake municipal court has jurisdiction within the | 680 |
municipal corporations of Avon and Sheffield in Lorain county. | 681 |
The Barberton municipal court has jurisdiction within | 682 |
Coventry, Franklin, and Green townships, within all of Copley | 683 |
township except within the municipal corporation of Fairlawn, and | 684 |
within the municipal corporations of Clinton and Norton, in Summit | 685 |
county. | 686 |
The Bedford municipal court has jurisdiction within the | 687 |
municipal corporations of Bedford Heights, Oakwood, Glenwillow, | 688 |
Solon, Bentleyville, Chagrin Falls, Moreland Hills, Orange, | 689 |
Warrensville Heights, North Randall, and Woodmere, and within | 690 |
Warrensville and Chagrin Falls townships, in Cuyahoga county. | 691 |
The Bellefontaine municipal court has jurisdiction within | 692 |
Logan county. | 693 |
The Bellevue municipal court has jurisdiction within Lyme and | 694 |
Sherman townships in Huron county and within York township in | 695 |
Sandusky county. | 696 |
The Berea municipal court has jurisdiction within the | 697 |
municipal corporations of Strongsville, Middleburgh Heights, Brook | 698 |
Park, Westview, and Olmsted Falls, and within Olmsted township, in | 699 |
Cuyahoga county. | 700 |
The Bowling Green municipal court has jurisdiction within the | 701 |
municipal corporations of Bairdstown, Bloomdale, Bradner, Custar, | 702 |
Cygnet, Grand Rapids, Haskins, Hoytville, Jerry City, Milton | 703 |
Center, North Baltimore, Pemberville, Portage, Rising Sun, | 704 |
Tontogany, Wayne, and Weston, and within Bloom, Center, Freedom, | 705 |
Grand Rapids, Henry, Jackson, Liberty, Middleton, Milton, | 706 |
Montgomery, Plain, Portage, Washington, Webster, and Weston | 707 |
townships in Wood county. | 708 |
Beginning February 9, 2003, the Brown county municipal court | 709 |
has jurisdiction within Brown county. | 710 |
The Bryan municipal court has jurisdiction within Williams | 711 |
county. | 712 |
The Cambridge municipal court has jurisdiction within | 713 |
Guernsey county. | 714 |
The Campbell municipal court has jurisdiction within | 715 |
Coitsville township in Mahoning county. | 716 |
The Canton municipal court has jurisdiction within Canton, | 717 |
Lake, Nimishillen, Osnaburg, Pike, Plain, and Sandy townships in | 718 |
Stark county. | 719 |
The Carroll county municipal court has jurisdiction within | 720 |
Carroll county. | 721 |
The Celina municipal court has jurisdiction within Mercer | 722 |
county. | 723 |
The Champaign county municipal court has jurisdiction within | 724 |
Champaign county. | 725 |
The Chardon municipal court has jurisdiction within Geauga | 726 |
county. | 727 |
The Chillicothe municipal court has jurisdiction within Ross | 728 |
county. | 729 |
The Circleville municipal court has jurisdiction within | 730 |
Pickaway county. | 731 |
The Clark county municipal court has jurisdiction within | 732 |
Clark county. | 733 |
The Clermont county municipal court has jurisdiction within | 734 |
Clermont county. | 735 |
The Cleveland municipal court has jurisdiction within the | 736 |
municipal corporation of Bratenahl in Cuyahoga county. | 737 |
Beginning July 1, 1992, the Clinton county municipal court | 738 |
has jurisdiction within Clinton county. | 739 |
The Columbiana county municipal court has jurisdiction within | 740 |
all of Columbiana county except within the municipal corporation | 741 |
of East Liverpool and except within Liverpool and St. Clair | 742 |
townships. | 743 |
The Coshocton municipal court has jurisdiction within | 744 |
Coshocton county. | 745 |
The Crawford county municipal court has jurisdiction within | 746 |
Crawford county. | 747 |
The Cuyahoga Falls municipal court has jurisdiction within | 748 |
Boston, Hudson, Northfield Center, Sagamore Hills, and Twinsburg | 749 |
townships, and within the municipal corporations of Boston | 750 |
Heights, Hudson, Munroe Falls, Northfield, Peninsula, | 751 |
Reminderville, Silver Lake, Stow, Tallmadge, Twinsburg, and | 752 |
Macedonia, in Summit county. | 753 |
Beginning January 1, 2005, the Darke county municipal court | 754 |
has jurisdiction within Darke county except within the municipal | 755 |
corporation of Bradford. | 756 |
The Defiance municipal court has jurisdiction within Defiance | 757 |
county. | 758 |
The Delaware municipal court has jurisdiction within Delaware | 759 |
county. | 760 |
The East Liverpool municipal court has jurisdiction within | 761 |
Liverpool and St. Clair townships in Columbiana county. | 762 |
The Eaton municipal court has jurisdiction within Preble | 763 |
county. | 764 |
The Elyria municipal court has jurisdiction within the | 765 |
municipal corporations of Grafton, LaGrange, and North Ridgeville, | 766 |
and within Elyria, Carlisle, Eaton, Columbia, Grafton, and | 767 |
LaGrange townships, in Lorain county. | 768 |
The Fairborn municipal court has jurisdiction within the | 769 |
municipal corporation of Beavercreek and within Bath and | 770 |
Beavercreek townships in Greene county. | 771 |
Beginning January 2, 2000, the Fairfield county municipal | 772 |
court has jurisdiction within Fairfield county. | 773 |
The Findlay municipal court has jurisdiction within all of | 774 |
Hancock county except within Washington township. | 775 |
The Fostoria municipal court has jurisdiction within Loudon | 776 |
and Jackson townships in Seneca county, within Washington township | 777 |
in Hancock county, and within Perry township in Wood county. | 778 |
The Franklin municipal court has jurisdiction within Franklin | 779 |
township in Warren county. | 780 |
The Franklin county municipal court has jurisdiction within | 781 |
Franklin county. | 782 |
The Fremont municipal court has jurisdiction within Ballville | 783 |
and Sandusky townships in Sandusky county. | 784 |
The Gallipolis municipal court has jurisdiction within Gallia | 785 |
county. | 786 |
The Garfield Heights municipal court has jurisdiction within | 787 |
the municipal corporations of Maple Heights, Walton Hills, Valley | 788 |
View, Cuyahoga Heights, Newburgh Heights, Independence, and | 789 |
Brecksville in Cuyahoga county. | 790 |
The Girard municipal court has jurisdiction within Liberty, | 791 |
Vienna, and Hubbard townships in Trumbull county. | 792 |
The Hamilton municipal court has jurisdiction within Ross and | 793 |
St. Clair townships in Butler county. | 794 |
The Hamilton county municipal court has jurisdiction within | 795 |
Hamilton county. | 796 |
The Hardin county municipal court has jurisdiction within | 797 |
Hardin county. | 798 |
The Hillsboro municipal court has jurisdiction within all of | 799 |
Highland county except within Madison township. | 800 |
The Hocking county municipal court has jurisdiction within | 801 |
Hocking county. | 802 |
The Huron municipal court has jurisdiction within all of | 803 |
Huron township in Erie county except within the municipal | 804 |
corporation of Sandusky. | 805 |
The Ironton municipal court has jurisdiction within Aid, | 806 |
Decatur, Elizabeth, Hamilton, Lawrence, Upper, and Washington | 807 |
townships in Lawrence county. | 808 |
The Jackson county municipal court has jurisdiction within | 809 |
Jackson county. | 810 |
The Kettering municipal court has jurisdiction within the | 811 |
municipal corporations of Centerville and Moraine, and within | 812 |
Washington township, in Montgomery county. | 813 |
Until January 2, 2000, the Lancaster municipal court has | 814 |
jurisdiction within Fairfield county. | 815 |
The Lawrence county municipal court has jurisdiction within | 816 |
the townships of Fayette, Mason, Perry, Rome, Symmes, Union, and | 817 |
Windsor in Lawrence county. | 818 |
The Lebanon municipal court has jurisdiction within | 819 |
Turtlecreek township in Warren county. | 820 |
The Licking county municipal court has jurisdiction within | 821 |
Licking county. | 822 |
The Lima municipal court has jurisdiction within Allen | 823 |
county. | 824 |
The Lorain municipal court has jurisdiction within the | 825 |
municipal corporation of Sheffield Lake, and within Sheffield | 826 |
township, in Lorain county. | 827 |
The Lyndhurst municipal court has jurisdiction within the | 828 |
municipal corporations of Mayfield Heights, Gates Mills, Mayfield, | 829 |
Highland Heights, and Richmond Heights in Cuyahoga county. | 830 |
The Madison county municipal court has jurisdiction within | 831 |
Madison county. | 832 |
The Mansfield municipal court has jurisdiction within | 833 |
Madison, Springfield, Sandusky, Franklin, Weller, Mifflin, Troy, | 834 |
Washington, Monroe, Perry, Jefferson, and Worthington townships, | 835 |
and within sections 35-36-31 and 32 of Butler township, in | 836 |
Richland county. | 837 |
The Marietta municipal court has jurisdiction within | 838 |
Washington county. | 839 |
The Marion municipal court has jurisdiction within Marion | 840 |
county. | 841 |
The Marysville municipal court has jurisdiction within Union | 842 |
county. | 843 |
The Mason municipal court has jurisdiction within Deerfield | 844 |
township in Warren county. | 845 |
The Massillon municipal court has jurisdiction within | 846 |
Bethlehem, Perry, Sugar Creek, Tuscarawas, Lawrence, and Jackson | 847 |
townships in Stark county. | 848 |
The Maumee municipal court has jurisdiction within the | 849 |
municipal corporations of Waterville and Whitehouse, within | 850 |
Waterville and Providence townships, and within those portions of | 851 |
Springfield, Monclova, and Swanton townships lying south of the | 852 |
northerly boundary line of the Ohio turnpike, in Lucas county. | 853 |
The Medina municipal court has jurisdiction within the | 854 |
municipal corporations of Briarwood Beach, Brunswick, | 855 |
Chippewa-on-the-Lake, and Spencer and within the townships of | 856 |
Brunswick Hills, Chatham, Granger, Hinckley, Lafayette, | 857 |
Litchfield, Liverpool, Medina, Montville, Spencer, and York | 858 |
townships, in Medina county. | 859 |
The Mentor municipal court has jurisdiction within the | 860 |
municipal corporation of Mentor-on-the-Lake in Lake county. | 861 |
The Miami county municipal court has jurisdiction within | 862 |
Miami county and within the part of the municipal corporation of | 863 |
Bradford that is located in Darke county. | 864 |
The Miamisburg municipal court has jurisdiction within the | 865 |
municipal corporations of Germantown and West Carrollton, and | 866 |
within German and Miami townships in Montgomery county. | 867 |
The Middletown municipal court has jurisdiction within | 868 |
Madison township, and within all of Lemon township, except within | 869 |
the municipal corporation of Monroe, in Butler county. | 870 |
Beginning January 1, 2003, the Morrow county municipal court | 871 |
has jurisdiction within Morrow county. | 872 |
The Mount Vernon municipal court has jurisdiction within Knox | 873 |
county. | 874 |
The Napoleon municipal court has jurisdiction within Henry | 875 |
county. | 876 |
The New Philadelphia municipal court has jurisdiction within | 877 |
the municipal corporation of Dover, and within Auburn, Bucks, | 878 |
Fairfield, Goshen, Jefferson, Warren, York, Dover, Franklin, | 879 |
Lawrence, Sandy, Sugarcreek, and Wayne townships in Tuscarawas | 880 |
county. | 881 |
The Newton Falls municipal court has jurisdiction within | 882 |
Bristol, Bloomfield, Lordstown, Newton, Braceville, Southington, | 883 |
Farmington, and Mesopotamia townships in Trumbull county. | 884 |
The Niles municipal court has jurisdiction within the | 885 |
municipal corporation of McDonald, and within Weathersfield | 886 |
township in Trumbull county. | 887 |
The Norwalk municipal court has jurisdiction within all of | 888 |
Huron county except within the municipal corporation of Bellevue | 889 |
and except within Lyme and Sherman townships. | 890 |
The Oberlin municipal court has jurisdiction within the | 891 |
municipal corporations of Amherst, Kipton, Rochester, South | 892 |
Amherst, and Wellington, and within Henrietta, Russia, Camden, | 893 |
Pittsfield, Brighton, Wellington, Penfield, Rochester, and | 894 |
Huntington townships, and within all of Amherst township except | 895 |
within the municipal corporation of Lorain, in Lorain county. | 896 |
The Oregon municipal court has jurisdiction within the | 897 |
municipal corporation of Harbor View, and within Jerusalem | 898 |
township, in Lucas county, and north within Maumee Bay and Lake | 899 |
Erie to the boundary line between Ohio and Michigan between the | 900 |
easterly boundary of the court and the easterly boundary of the | 901 |
Toledo municipal court. | 902 |
The Ottawa county municipal court has jurisdiction within | 903 |
Ottawa county. | 904 |
The Painesville municipal court has jurisdiction within | 905 |
Painesville, Perry, Leroy, Concord, and Madison townships in Lake | 906 |
county. | 907 |
The Parma municipal court has jurisdiction within the | 908 |
municipal corporations of Parma Heights, Brooklyn, Linndale, North | 909 |
Royalton, Broadview Heights, Seven Hills, and Brooklyn Heights in | 910 |
Cuyahoga county. | 911 |
The Perrysburg municipal court has jurisdiction within the | 912 |
municipal corporations of Luckey, Millbury, Northwood, Rossford, | 913 |
and Walbridge, and within Perrysburg, Lake, and Troy townships, in | 914 |
Wood county. | 915 |
The Portage county municipal court has jurisdiction within | 916 |
Portage county. | 917 |
The Portsmouth municipal court has jurisdiction within Scioto | 918 |
county. | 919 |
The Rocky River municipal court has jurisdiction within the | 920 |
municipal corporations of Bay Village, Westlake, Fairview Park, | 921 |
and North Olmsted, and within Riveredge township, in Cuyahoga | 922 |
county. | 923 |
The Sandusky municipal court has jurisdiction within the | 924 |
municipal corporations of Castalia and Bay View, and within | 925 |
Perkins township, in Erie county. | 926 |
The Shaker Heights municipal court has jurisdiction within | 927 |
the municipal corporations of University Heights, Beachwood, | 928 |
Pepper Pike, and Hunting Valley in Cuyahoga county. | 929 |
The Shelby municipal court has jurisdiction within Sharon, | 930 |
Jackson, Cass, Plymouth, and Blooming Grove townships, and within | 931 |
all of Butler township except sections 35-36-31 and 32, in | 932 |
Richland county. | 933 |
The Sidney municipal court has jurisdiction within Shelby | 934 |
county. | 935 |
The Struthers municipal court has jurisdiction within the | 936 |
municipal corporations of Lowellville, New Middleton, and Poland, | 937 |
and within Poland and Springfield townships in Mahoning county. | 938 |
The Sylvania municipal court has jurisdiction within the | 939 |
municipal corporations of Berkey and Holland, and within Sylvania, | 940 |
Richfield, Spencer, and Harding townships, and within those | 941 |
portions of Swanton, Monclova, and Springfield townships lying | 942 |
north of the northerly boundary line of the Ohio turnpike, in | 943 |
Lucas county. | 944 |
The Tiffin municipal court has jurisdiction within Adams, Big | 945 |
Spring, Bloom, Clinton, Eden, Hopewell, Liberty, Pleasant, Reed, | 946 |
Scipio, Seneca, Thompson, and Venice townships in Seneca county. | 947 |
The Toledo municipal court has jurisdiction within Washington | 948 |
township, and within the municipal corporation of Ottawa Hills, in | 949 |
Lucas county. | 950 |
The Upper Sandusky municipal court has jurisdiction within | 951 |
Wyandot county. | 952 |
The Vandalia municipal court has jurisdiction within the | 953 |
municipal corporations of Clayton, Englewood, and Union, and | 954 |
within Butler, Harrison, and Randolph townships, in Montgomery | 955 |
county. | 956 |
The Van Wert municipal court has jurisdiction within Van Wert | 957 |
county. | 958 |
The Vermilion municipal court has jurisdiction within the | 959 |
townships of Vermilion and Florence in Erie county and within all | 960 |
of Brownhelm township except within the municipal corporation of | 961 |
Lorain, in Lorain county. | 962 |
The Wadsworth municipal court has jurisdiction within the | 963 |
municipal corporations of Gloria Glens Park, Lodi, Seville, and | 964 |
Westfield Center, and within Guilford, Harrisville, Homer, Sharon, | 965 |
Wadsworth, and Westfield townships in Medina county. | 966 |
The Warren municipal court has jurisdiction within Warren and | 967 |
Champion townships, and within all of Howland township except | 968 |
within the municipal corporation of Niles, in Trumbull county. | 969 |
The Washington Court House municipal court has jurisdiction | 970 |
within Fayette county. | 971 |
The Wayne county municipal court has jurisdiction within | 972 |
Wayne county. | 973 |
The Willoughby municipal court has jurisdiction within the | 974 |
municipal corporations of Eastlake, Wickliffe, Willowick, | 975 |
Willoughby Hills, Kirtland, Kirtland Hills, Waite Hill, | 976 |
Timberlake, and Lakeline, and within Kirtland township, in Lake | 977 |
county. | 978 |
Through June 30, 1992, the Wilmington municipal court has | 979 |
jurisdiction within Clinton county. | 980 |
The Xenia municipal court has jurisdiction within | 981 |
Caesarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross, | 982 |
Silvercreek, Spring Valley, Sugarcreek, and Xenia townships in | 983 |
Greene county. | 984 |
(C) As used in this section: | 985 |
(1) "Within a township" includes all land, including, but not | 986 |
limited to, any part of any municipal corporation, that is | 987 |
physically located within the territorial boundaries of that | 988 |
township, whether or not that land or municipal corporation is | 989 |
governmentally a part of the township. | 990 |
(2) "Within a municipal corporation" includes all land within | 991 |
the territorial boundaries of the municipal corporation and any | 992 |
townships that are coextensive with the municipal corporation. | 993 |
Sec. 1901.03. As used in this chapter: | 994 |
(A) "Territory" means the geographical areas within which | 995 |
municipal courts have jurisdiction as provided in sections 1901.01 | 996 |
and 1901.02 of the Revised Code. | 997 |
(B) "Legislative authority" means the legislative authority | 998 |
of the municipal corporation in which a municipal court, other | 999 |
than a county-operated municipal court, is located, and means the | 1000 |
respective board of county commissioners of the county in which a | 1001 |
county-operated municipal court is located. | 1002 |
(C) "Chief executive" means the chief executive of the | 1003 |
municipal corporation in which a municipal court, other than a | 1004 |
county-operated municipal court, is located, and means the | 1005 |
respective chairman of the board of county commissioners of the | 1006 |
county in which a county-operated municipal court is located. | 1007 |
(D) "City treasury" means the treasury of the municipal | 1008 |
corporation in which a municipal court, other than a | 1009 |
county-operated municipal court, is located. | 1010 |
(E) "City treasurer" means the treasurer of the municipal | 1011 |
corporation in which a municipal court, other than a | 1012 |
county-operated municipal court, is located. | 1013 |
(F) "County-operated municipal court" means the Auglaize | 1014 |
county, Brown county, Carroll county, Clermont county, Columbiana | 1015 |
county, Crawford county, Darke county, Hamilton county, Hocking | 1016 |
county, Jackson county, Lawrence county, Madison county, Miami | 1017 |
county, Morrow county, Ottawa county, Portage county, or Wayne | 1018 |
county municipal court. | 1019 |
(G) "A municipal corporation in which a municipal court is | 1020 |
located" includes each municipal corporation named in section | 1021 |
1901.01 of the Revised Code, but does not include one in which a | 1022 |
judge sits pursuant to section 1901.021 of the Revised Code. | 1023 |
Sec. 1901.07. (A) All municipal court judges shall be | 1024 |
elected on the nonpartisan ballot for terms of six years. In a | 1025 |
municipal court in which only one judge is to be elected in any | 1026 |
one year, that judge's term commences on the first day of January | 1027 |
after the election. In a municipal court in which two or more | 1028 |
judges are to be elected in any one year, their terms commence on | 1029 |
successive days beginning the first day of January, following the | 1030 |
election, unless otherwise provided by section 1901.08 of the | 1031 |
Revised Code. | 1032 |
(B) All candidates for municipal court judge may be nominated | 1033 |
either by nominating petition or by primary election, except that | 1034 |
if the jurisdiction of a municipal court extends only to the | 1035 |
corporate limits of the municipal corporation in which the court | 1036 |
is located and that municipal corporation operates under a | 1037 |
charter, all candidates shall be nominated in the same manner | 1038 |
provided in the charter for the office of municipal court judge | 1039 |
or, if no specific provisions are made in the charter for the | 1040 |
office of municipal court judge, in the same manner as the charter | 1041 |
prescribes for the nomination and election of the legislative | 1042 |
authority of the municipal corporation. | 1043 |
If the jurisdiction of a municipal court extends beyond the | 1044 |
corporate limits of the municipal corporation in which it is | 1045 |
located or if the jurisdiction of the court does not extend beyond | 1046 |
the corporate limits of the municipal corporation in which it is | 1047 |
located and no charter provisions apply, all candidates for party | 1048 |
nomination to the office of municipal court judge shall file a | 1049 |
declaration of candidacy and petition not later than four p.m. of | 1050 |
the seventy-fifth day before the day of the primary election, or | 1051 |
if the primary election is a presidential primary election, not | 1052 |
later than four p.m. of the sixtieth day before the day of the | 1053 |
presidential primary election, in the form prescribed by section | 1054 |
3513.07 of the Revised Code. The petition shall conform to the | 1055 |
requirements provided for those petitions of candidacy contained | 1056 |
in section 3513.05 of the Revised Code, except that the petition | 1057 |
shall be signed by at least fifty electors of the territory of the | 1058 |
court. If no valid declaration of candidacy is filed for | 1059 |
nomination as a candidate of a political party for election to the | 1060 |
office of municipal court judge, or if the number of persons | 1061 |
filing the declarations of candidacy for nominations as candidates | 1062 |
of one political party for election to the office does not exceed | 1063 |
the number of candidates that that party is entitled to nominate | 1064 |
as its candidates for election to the office, no primary election | 1065 |
shall be held for the purpose of nominating candidates of that | 1066 |
party for election to the office, and the candidates shall be | 1067 |
issued certificates of nomination in the manner set forth in | 1068 |
section 3513.02 of the Revised Code. | 1069 |
If the jurisdiction of a municipal court extends beyond the | 1070 |
corporate limits of the municipal corporation in which it is | 1071 |
located or if the jurisdiction of the court does not extend beyond | 1072 |
the corporate limits of the municipal corporation in which it is | 1073 |
located and no charter provisions apply, nonpartisan candidates | 1074 |
for the office of municipal court judge shall file nominating | 1075 |
petitions not later than four p.m. of the day before the day of | 1076 |
the primary election in the form prescribed by section 3513.261 of | 1077 |
the Revised Code. The petition shall conform to the requirements | 1078 |
provided for those petitions of candidacy contained in section | 1079 |
3513.257 of the Revised Code, except that the petition shall be | 1080 |
signed by at least fifty electors of the territory of the court. | 1081 |
The nominating petition or declaration of candidacy for a | 1082 |
municipal court judge shall contain a designation of the term for | 1083 |
which the candidate seeks election. At the following regular | 1084 |
municipal election, the candidacies of the judges nominated shall | 1085 |
be submitted to the electors of the territory on a nonpartisan, | 1086 |
judicial ballot in the same manner as provided for judges of the | 1087 |
court of common pleas, except that, in a municipal corporation | 1088 |
operating under a charter, all candidates for municipal court | 1089 |
judge shall be elected in conformity with the charter if | 1090 |
provisions are made in the charter for the election of municipal | 1091 |
court judges. | 1092 |
(C) Notwithstanding divisions (A) and (B) of this section, in | 1093 |
the following municipal courts, the judges shall be nominated and | 1094 |
elected as follows: | 1095 |
(1) In the Cleveland municipal court, the judges shall be | 1096 |
nominated only by petition. The petition shall be signed by at | 1097 |
least fifty electors of the territory of the court. It shall be in | 1098 |
the statutory form and shall be filed in the manner and within the | 1099 |
time prescribed by the charter of the city of Cleveland for filing | 1100 |
petitions of candidates for municipal offices. Each elector shall | 1101 |
have the right to sign petitions for as many candidates as are to | 1102 |
be elected, but no more. The judges shall be elected by the | 1103 |
electors of the territory of the court in the manner provided by | 1104 |
law for the election of judges of the court of common pleas. | 1105 |
(2) In the Toledo municipal court, the judges shall be | 1106 |
nominated only by petition. The petition shall be signed by at | 1107 |
least fifty electors of the territory of the court. It shall be in | 1108 |
the statutory form and shall be filed in the manner and within the | 1109 |
time prescribed by the charter of the city of Toledo for filing | 1110 |
nominating petitions for city council. Each elector shall have the | 1111 |
right to sign petitions for as many candidates as are to be | 1112 |
elected, but no more. The judges shall be elected by the electors | 1113 |
of the territory of the court in the manner provided by law for | 1114 |
the election of judges of the court of common pleas. | 1115 |
(3) In the Akron municipal court, the judges shall be | 1116 |
nominated only by petition. The petition shall be signed by at | 1117 |
least fifty electors of the territory of the court. It shall be in | 1118 |
statutory form and shall be filed in the manner and within the | 1119 |
time prescribed by the charter of the city of Akron for filing | 1120 |
nominating petitions of candidates for municipal offices. Each | 1121 |
elector shall have the right to sign petitions for as many | 1122 |
candidates as are to be elected, but no more. The judges shall be | 1123 |
elected by the electors of the territory of the court in the | 1124 |
manner provided by law for the election of judges of the court of | 1125 |
common pleas. | 1126 |
(4) In the Hamilton county municipal court, the judges shall | 1127 |
be nominated only by petition. The petition shall be signed by at | 1128 |
least fifty electors of the territory of the court, which | 1129 |
petitions shall be signed, verified, and filed in the manner and | 1130 |
within the time required by law for nominating petitions for | 1131 |
members of council of the city of Cincinnati. The judges shall be | 1132 |
elected by the electors of the territory of the court at the | 1133 |
regular municipal election and in the manner provided by law for | 1134 |
the election of judges of the court of common pleas. | 1135 |
(5) In the Franklin county municipal court, the judges shall | 1136 |
be nominated only by petition. The petition shall be signed by at | 1137 |
least fifty electors of the territory of the court. The petition | 1138 |
shall be in the statutory form and shall be filed in the manner | 1139 |
and within the time prescribed by the charter of the city of | 1140 |
Columbus for filing petitions of candidates for municipal offices. | 1141 |
The judges shall be elected by the electors of the territory of | 1142 |
the court in the manner provided by law for the election of judges | 1143 |
of the court of common pleas. | 1144 |
(6) In the Auglaize, Brown, Carroll, Clermont, Crawford, | 1145 |
Hocking, Jackson, Lawrence, Madison, Miami, Morrow, Portage, and | 1146 |
Wayne county municipal courts, the judges shall be nominated only | 1147 |
by petition. The petitions shall be signed by at least fifty | 1148 |
electors of the territory of the court and shall conform to the | 1149 |
provisions of this section. | 1150 |
(D) As used in this section, as to an election for either a | 1151 |
full or an unexpired term, "the territory within the jurisdiction | 1152 |
of the court" means that territory as it will be on the first day | 1153 |
of January after the election. | 1154 |
Sec. 1901.08. The number of, and the time for election of, | 1155 |
judges of the following municipal courts and the beginning of | 1156 |
their terms shall be as follows: | 1157 |
In the Akron municipal court, two full-time judges shall be | 1158 |
elected in 1951, two full-time judges shall be elected in 1953, | 1159 |
one full-time judge shall be elected in 1967, and one full-time | 1160 |
judge shall be elected in 1975. | 1161 |
In the Alliance municipal court, one full-time judge shall be | 1162 |
elected in 1953. | 1163 |
In the Ashland municipal court, one full-time judge shall be | 1164 |
elected in 1951. | 1165 |
In the Ashtabula municipal court, one full-time judge shall | 1166 |
be elected in 1953. | 1167 |
In the Athens county municipal court, one full-time judge | 1168 |
shall be elected in 1967. | 1169 |
In the Auglaize county municipal court, one full-time judge | 1170 |
shall be elected in 1975. | 1171 |
In the Avon Lake municipal court, one part-time judge shall | 1172 |
be elected in 1957. | 1173 |
In the Barberton municipal court, one full-time judge shall | 1174 |
be elected in 1969, and one full-time judge shall be elected in | 1175 |
1971. | 1176 |
In the Bedford municipal court, one full-time judge shall be | 1177 |
elected in 1975, and one full-time judge shall be elected in 1979. | 1178 |
In the Bellefontaine municipal court, one full-time judge | 1179 |
shall be elected in 1993. | 1180 |
In the Bellevue municipal court, one part-time judge shall be | 1181 |
elected in 1951. | 1182 |
In the Berea municipal court, one part-time judge shall be | 1183 |
elected in 1957, term to commence on the first day of January next | 1184 |
after election, and one part-time judge shall be elected in 1981, | 1185 |
term to commence on the second day of January next after election. | 1186 |
The part-time judge elected in 1987 whose term commenced on | 1187 |
January 1, 1988, shall serve until December 31, 1993, and the | 1188 |
office of that judge is abolished, effective on the earlier of | 1189 |
December 31, 1993, or the date on which that judge resigns, | 1190 |
retires, or otherwise vacates judicial office. | 1191 |
In the Bowling Green municipal court, one full-time judge | 1192 |
shall be elected in 1983. | 1193 |
In the Brown county municipal court, one full-time judge | 1194 |
shall be elected in 2005. Beginning February 9, 2003, the | 1195 |
part-time judge of the Brown county county court that existed | 1196 |
prior to that date whose term commenced on January 2, 2001, shall | 1197 |
serve as the full-time judge of the Brown county municipal court | 1198 |
until December 31, 2005. | 1199 |
In the Bryan municipal court, one full-time judge shall be | 1200 |
elected in 1965. | 1201 |
In the Cambridge municipal court, one full-time judge shall | 1202 |
be elected in 1951. | 1203 |
In the Campbell municipal court, one part-time judge shall be | 1204 |
elected in 1963. | 1205 |
In the Canton municipal court, one full-time judge shall be | 1206 |
elected in 1951, one full-time judge shall be elected in 1969, and | 1207 |
two full-time judges shall be elected in 1977. | 1208 |
In the Carroll county municipal court, one full-time judge | 1209 |
shall be elected in 2009. Beginning January 1, 2007, the judge | 1210 |
elected in 2006 to the part-time judgeship of the Carroll county | 1211 |
county court that existed prior to that date shall serve as the | 1212 |
full-time judge of the Carroll county municipal court until | 1213 |
December 31, 2009. | 1214 |
In the Celina municipal court, one full-time judge shall be | 1215 |
elected in 1957. | 1216 |
In the Champaign county municipal court, one full-time judge | 1217 |
shall be elected in 2001. | 1218 |
In the Chardon municipal court, one part-time judge shall be | 1219 |
elected in 1963. | 1220 |
In the Chillicothe municipal court, one full-time judge shall | 1221 |
be elected in 1951, and one full-time judge shall be elected in | 1222 |
1977. | 1223 |
In the Circleville municipal court, one full-time judge shall | 1224 |
be elected in 1953. | 1225 |
In the Clark county municipal court, one full-time judge | 1226 |
shall be elected in 1989, and two full-time judges shall be | 1227 |
elected in 1991. The full-time judges of the Springfield municipal | 1228 |
court who were elected in 1983 and 1985 shall serve as the judges | 1229 |
of the Clark county municipal court from January 1, 1988, until | 1230 |
the end of their respective terms. | 1231 |
In the Clermont county municipal court, two full-time judges | 1232 |
shall be elected in 1991, and one full-time judge shall be elected | 1233 |
in 1999. | 1234 |
In the Cleveland municipal court, six full-time judges shall | 1235 |
be elected in 1975, three full-time judges shall be elected in | 1236 |
1953, and four full-time judges shall be elected in 1955. | 1237 |
In the Cleveland Heights municipal court, one full-time judge | 1238 |
shall be elected in 1957. | 1239 |
In the Clinton county municipal court, one full-time judge | 1240 |
shall be elected in 1997. The full-time judge of the Wilmington | 1241 |
municipal court who was elected in 1991 shall serve as the judge | 1242 |
of the Clinton county municipal court from July 1, 1992, until the | 1243 |
end of that judge's term on December 31, 1997. | 1244 |
In the Columbiana county municipal court, two full-time | 1245 |
judges shall be elected in 2001 | 1246 |
In the Conneaut municipal court, one full-time judge shall be | 1247 |
elected in 1953. | 1248 |
In the Coshocton municipal court, one full-time judge shall | 1249 |
be elected in 1951. | 1250 |
In the Crawford county municipal court, one full-time judge | 1251 |
shall be elected in 1977. | 1252 |
In the Cuyahoga Falls municipal court, one full-time judge | 1253 |
shall be elected in 1953, and one full-time judge shall be elected | 1254 |
in 1967. | 1255 |
In the Darke county municipal court, one full-time judge | 1256 |
shall be elected in 2005. Beginning January 1, 2005, the part-time | 1257 |
judge of the Darke county county court that existed prior to that | 1258 |
date whose term began on January 1, 2001, shall serve as the | 1259 |
full-time judge of the Darke county municipal court until December | 1260 |
31, 2005. | 1261 |
In the Dayton municipal court, three full-time judges shall | 1262 |
be elected in 1987, their terms to commence on successive days | 1263 |
beginning on the first day of January next after their election, | 1264 |
and two full-time judges shall be elected in 1955, their terms to | 1265 |
commence on successive days beginning on the second day of January | 1266 |
next after their election. | 1267 |
In the Defiance municipal court, one full-time judge shall be | 1268 |
elected in 1957. | 1269 |
In the Delaware municipal court, one full-time judge shall be | 1270 |
elected in 1953. | 1271 |
In the East Cleveland municipal court, one full-time judge | 1272 |
shall be elected in 1957. | 1273 |
In the East Liverpool municipal court, one full-time judge | 1274 |
shall be elected in 1953. | 1275 |
In the Eaton municipal court, one full-time judge shall be | 1276 |
elected in 1973. | 1277 |
In the Elyria municipal court, one full-time judge shall be | 1278 |
elected in 1955, and one full-time judge shall be elected in 1973. | 1279 |
In the Euclid municipal court, one full-time judge shall be | 1280 |
elected in 1951. | 1281 |
In the Fairborn municipal court, one full-time judge shall be | 1282 |
elected in 1977. | 1283 |
In the Fairfield county municipal court, one full-time judge | 1284 |
shall be elected in 2003, and one full-time judge shall be elected | 1285 |
in 2005. | 1286 |
In the Fairfield municipal court, one full-time judge shall | 1287 |
be elected in 1989. | 1288 |
In the Findlay municipal court, one full-time judge shall be | 1289 |
elected in 1955, and one full-time judge shall be elected in 1993. | 1290 |
In the Fostoria municipal court, one full-time judge shall be | 1291 |
elected in 1975. | 1292 |
In the Franklin municipal court, one part-time judge shall be | 1293 |
elected in 1951. | 1294 |
In the Franklin county municipal court, two full-time judges | 1295 |
shall be elected in 1969, three full-time judges shall be elected | 1296 |
in 1971, seven full-time judges shall be elected in 1967, one | 1297 |
full-time judge shall be elected in 1975, one full-time judge | 1298 |
shall be elected in 1991, and one full-time judge shall be elected | 1299 |
in 1997. | 1300 |
In the Fremont municipal court, one full-time judge shall be | 1301 |
elected in 1975. | 1302 |
In the Gallipolis municipal court, one full-time judge shall | 1303 |
be elected in 1981. | 1304 |
In the Garfield Heights municipal court, one full-time judge | 1305 |
shall be elected in 1951, and one full-time judge shall be elected | 1306 |
in 1981. | 1307 |
In the Girard municipal court, one full-time judge shall be | 1308 |
elected in 1963. | 1309 |
In the Hamilton municipal court, one full-time judge shall be | 1310 |
elected in 1953. | 1311 |
In the Hamilton county municipal court, five full-time judges | 1312 |
shall be elected in 1967, five full-time judges shall be elected | 1313 |
in 1971, two full-time judges shall be elected in 1981, and two | 1314 |
full-time judges shall be elected in 1983. All terms of judges of | 1315 |
the Hamilton county municipal court shall commence on the first | 1316 |
day of January next after their election, except that the terms of | 1317 |
the additional judges to be elected in 1981 shall commence on | 1318 |
January 2, 1982, and January 3, 1982, and that the terms of the | 1319 |
additional judges to be elected in 1983 shall commence on January | 1320 |
4, 1984, and January 5, 1984. | 1321 |
In the Hardin county municipal court, one part-time judge | 1322 |
shall be elected in 1989. | 1323 |
In the Hillsboro municipal court, one part-time judge shall | 1324 |
be elected in 1957. | 1325 |
In the Hocking county municipal court, one full-time judge | 1326 |
shall be elected in 1977. | 1327 |
In the Huron municipal court, one part-time judge shall be | 1328 |
elected in 1967. | 1329 |
In the Ironton municipal court, one full-time judge shall be | 1330 |
elected in 1951. | 1331 |
In the Jackson county municipal court, one full-time judge | 1332 |
shall be elected in 2001. On and after March 31, 1997, the | 1333 |
part-time judge of the Jackson county municipal court who was | 1334 |
elected in 1995 shall serve as a full-time judge of the court | 1335 |
until the end of that judge's term on December 31, 2001. | 1336 |
In the Kettering municipal court, one full-time judge shall | 1337 |
be elected in 1971, and one full-time judge shall be elected in | 1338 |
1975. | 1339 |
In the Lakewood municipal court, one full-time judge shall be | 1340 |
elected in 1955. | 1341 |
In the Lancaster municipal court, one full-time judge shall | 1342 |
be elected in 1951, and one full-time judge shall be elected in | 1343 |
1979. Beginning January 2, 2000, the full-time judges of the | 1344 |
Lancaster municipal court who were elected in 1997 and 1999 shall | 1345 |
serve as judges of the Fairfield county municipal court until the | 1346 |
end of those judges' terms. | 1347 |
In the Lawrence county municipal court, one part-time judge | 1348 |
shall be elected in 1981. | 1349 |
In the Lebanon municipal court, one part-time judge shall be | 1350 |
elected in 1955. | 1351 |
In the Licking county municipal court, one full-time judge | 1352 |
shall be elected in 1951, and one full-time judge shall be elected | 1353 |
in 1971. | 1354 |
In the Lima municipal court, one full-time judge shall be | 1355 |
elected in 1951, and one full-time judge shall be elected in 1967. | 1356 |
In the Lorain municipal court, one full-time judge shall be | 1357 |
elected in 1953, and one full-time judge shall be elected in 1973. | 1358 |
In the Lyndhurst municipal court, one part-time judge shall | 1359 |
be elected in 1957. | 1360 |
In the Madison county municipal court, one full-time judge | 1361 |
shall be elected in 1981. | 1362 |
In the Mansfield municipal court, one full-time judge shall | 1363 |
be elected in 1951, and one full-time judge shall be elected in | 1364 |
1969. | 1365 |
In the Marietta municipal court, one full-time judge shall be | 1366 |
elected in 1957. | 1367 |
In the Marion municipal court, one full-time judge shall be | 1368 |
elected in 1951. | 1369 |
In the Marysville municipal court, one part-time judge shall | 1370 |
be elected in 1963. | 1371 |
In the Mason municipal court, one part-time judge shall be | 1372 |
elected in 1965. | 1373 |
In the Massillon municipal court, one full-time judge shall | 1374 |
be elected in 1953, and one full-time judge shall be elected in | 1375 |
1971. | 1376 |
In the Maumee municipal court, one full-time judge shall be | 1377 |
elected in 1963. | 1378 |
In the Medina municipal court, one full-time judge shall be | 1379 |
elected in 1957. | 1380 |
In the Mentor municipal court, one full-time judge shall be | 1381 |
elected in 1971. | 1382 |
In the Miami county municipal court, one full-time judge | 1383 |
shall be elected in 1975, and one full-time judge shall be elected | 1384 |
in 1979. | 1385 |
In the Miamisburg municipal court, one part-time judge shall | 1386 |
be elected in 1951. | 1387 |
In the Middletown municipal court, one full-time judge shall | 1388 |
be elected in 1953. | 1389 |
In the Morrow county municipal court, one full-time judge | 1390 |
shall be elected in 2005. Beginning January 1, 2003, the part-time | 1391 |
judge of the Morrow county county court that existed prior to that | 1392 |
date shall serve as the full-time judge of the Morrow county | 1393 |
municipal court until December 31, 2005. | 1394 |
In the Mount Vernon municipal court, one full-time judge | 1395 |
shall be elected in 1951. | 1396 |
In the Napoleon municipal court, one full-time judge shall be | 1397 |
elected in 2005. | 1398 |
In the New Philadelphia municipal court, one full-time judge | 1399 |
shall be elected in 1975. | 1400 |
In the Newton Falls municipal court, one full-time judge | 1401 |
shall be elected in 1963. | 1402 |
In the Niles municipal court, one full-time judge shall be | 1403 |
elected in 1951. | 1404 |
In the Norwalk municipal court, one full-time judge shall be | 1405 |
elected in 1975. | 1406 |
In the Oakwood municipal court, one part-time judge shall be | 1407 |
elected in 1953. | 1408 |
In the Oberlin municipal court, one full-time judge shall be | 1409 |
elected in 1989. | 1410 |
In the Oregon municipal court, one full-time judge shall be | 1411 |
elected in 1963. | 1412 |
In the Ottawa county municipal court, one full-time judge | 1413 |
shall be elected in 1995, and the full-time judge of the Port | 1414 |
Clinton municipal court who is elected in 1989 shall serve as the | 1415 |
judge of the Ottawa county municipal court from February 4, 1994, | 1416 |
until the end of that judge's term. | 1417 |
In the Painesville municipal court, one full-time judge shall | 1418 |
be elected in 1951. | 1419 |
In the Parma municipal court, one full-time judge shall be | 1420 |
elected in 1951, one full-time judge shall be elected in 1967, and | 1421 |
one full-time judge shall be elected in 1971. | 1422 |
In the Perrysburg municipal court, one full-time judge shall | 1423 |
be elected in 1977. | 1424 |
In the Portage county municipal court, two full-time judges | 1425 |
shall be elected in 1979, and one full-time judge shall be elected | 1426 |
in 1971. | 1427 |
In the Port Clinton municipal court, one full-time judge | 1428 |
shall be elected in 1953. The full-time judge of the Port Clinton | 1429 |
municipal court who is elected in 1989 shall serve as the judge of | 1430 |
the Ottawa county municipal court from February 4, 1994, until the | 1431 |
end of that judge's term. | 1432 |
In the Portsmouth municipal court, one full-time judge shall | 1433 |
be elected in 1951, and one full-time judge shall be elected in | 1434 |
1985. | 1435 |
In the Rocky River municipal court, one full-time judge shall | 1436 |
be elected in 1957, and one full-time judge shall be elected in | 1437 |
1971. | 1438 |
In the Sandusky municipal court, one full-time judge shall be | 1439 |
elected in 1953. | 1440 |
In the Shaker Heights municipal court, one full-time judge | 1441 |
shall be elected in 1957. | 1442 |
In the Shelby municipal court, one part-time judge shall be | 1443 |
elected in 1957. | 1444 |
In the Sidney municipal court, one full-time judge shall be | 1445 |
elected in 1995. | 1446 |
In the South Euclid municipal court, one full-time judge | 1447 |
shall be elected in 1999. The part-time judge elected in 1993, | 1448 |
whose term commenced on January 1, 1994, shall serve until | 1449 |
December 31, 1999, and the office of that judge is abolished on | 1450 |
January 1, 2000. | 1451 |
In the Springfield municipal court, two full-time judges | 1452 |
shall be elected in 1985, and one full-time judge shall be elected | 1453 |
in 1983, all of whom shall serve as the judges of the Springfield | 1454 |
municipal court through December 31, 1987, and as the judges of | 1455 |
the Clark county municipal court from January 1, 1988, until the | 1456 |
end of their respective terms. | 1457 |
In the Steubenville municipal court, one full-time judge | 1458 |
shall be elected in 1953. | 1459 |
In the Struthers municipal court, one part-time judge shall | 1460 |
be elected in 1963. | 1461 |
In the Sylvania municipal court, one full-time judge shall be | 1462 |
elected in 1963. | 1463 |
In the Tiffin municipal court, one full-time judge shall be | 1464 |
elected in 1953. | 1465 |
In the Toledo municipal court, two full-time judges shall be | 1466 |
elected in 1971, four full-time judges shall be elected in 1975, | 1467 |
and one full-time judge shall be elected in 1973. | 1468 |
In the Upper Sandusky municipal court, one part-time judge | 1469 |
shall be elected in 1957. | 1470 |
In the Vandalia municipal court, one full-time judge shall be | 1471 |
elected in 1959. | 1472 |
In the Van Wert municipal court, one full-time judge shall be | 1473 |
elected in 1957. | 1474 |
In the Vermilion municipal court, one part-time judge shall | 1475 |
be elected in 1965. | 1476 |
In the Wadsworth municipal court, one full-time judge shall | 1477 |
be elected in 1981. | 1478 |
In the Warren municipal court, one full-time judge shall be | 1479 |
elected in 1951, and one full-time judge shall be elected in 1971. | 1480 |
In the Washington Court House municipal court, one full-time | 1481 |
judge shall be elected in 1999. The part-time judge elected in | 1482 |
1993, whose term commenced on January 1, 1994, shall serve until | 1483 |
December 31, 1999, and the office of that judge is abolished on | 1484 |
January 1, 2000. | 1485 |
In the Wayne county municipal court, one full-time judge | 1486 |
shall be elected in 1975, and one full-time judge shall be elected | 1487 |
in 1979. | 1488 |
In the Willoughby municipal court, one full-time judge shall | 1489 |
be elected in 1951. | 1490 |
In the Wilmington municipal court, one full-time judge shall | 1491 |
be elected in 1991, who shall serve as the judge of the Wilmington | 1492 |
municipal court through June 30, 1992, and as the judge of the | 1493 |
Clinton county municipal court from July 1, 1992, until the end of | 1494 |
that judge's term on December 31, 1997. | 1495 |
In the Xenia municipal court, one full-time judge shall be | 1496 |
elected in 1977. | 1497 |
In the Youngstown municipal court, one full-time judge shall | 1498 |
be elected in 1951, and two full-time judges shall be elected in | 1499 |
1953. | 1500 |
In the Zanesville municipal court, one full-time judge shall | 1501 |
be elected in 1953. | 1502 |
Sec. 1901.31. The clerk and deputy clerks of a municipal | 1503 |
court shall be selected, be compensated, give bond, and have | 1504 |
powers and duties as follows: | 1505 |
(A) There shall be a clerk of the court who is appointed or | 1506 |
elected as follows: | 1507 |
(1)(a) Except in the Akron, Barberton, Cuyahoga Falls, | 1508 |
Toledo, Hamilton county, Portage county, and Wayne county | 1509 |
municipal courts, if the population of the territory equals or | 1510 |
exceeds one hundred thousand at the regular municipal election | 1511 |
immediately preceding the expiration of the term of the present | 1512 |
clerk, the clerk shall be nominated and elected by the qualified | 1513 |
electors of the territory in the manner that is provided for the | 1514 |
nomination and election of judges in section 1901.07 of the | 1515 |
Revised Code. | 1516 |
The clerk so elected shall hold office for a term of six | 1517 |
years, which term shall commence on the first day of January | 1518 |
following the clerk's election and continue until the clerk's | 1519 |
successor is elected and qualified. | 1520 |
(b) In the Hamilton county municipal court, the clerk of | 1521 |
courts of Hamilton county shall be the clerk of the municipal | 1522 |
court and may appoint an assistant clerk who shall receive the | 1523 |
compensation, payable out of the treasury of Hamilton county in | 1524 |
semimonthly installments, that the board of county commissioners | 1525 |
prescribes. The clerk of courts of Hamilton county, acting as the | 1526 |
clerk of the Hamilton county municipal court and assuming the | 1527 |
duties of that office, shall receive compensation at one-fourth | 1528 |
the rate that is prescribed for the clerks of courts of common | 1529 |
pleas as determined in accordance with the population of the | 1530 |
county and the rates set forth in sections 325.08 and 325.18 of | 1531 |
the Revised Code. This compensation shall be paid from the county | 1532 |
treasury in semimonthly installments and is in addition to the | 1533 |
annual compensation that is received for the performance of the | 1534 |
duties of the clerk of courts of Hamilton county, as provided in | 1535 |
sections 325.08 and 325.18 of the Revised Code. | 1536 |
(c) In the Portage county and Wayne county municipal courts, | 1537 |
the clerks of courts of Portage county and Wayne county shall be | 1538 |
the clerks, respectively, of the Portage county and Wayne county | 1539 |
municipal courts and may appoint a chief deputy clerk for each | 1540 |
branch that is established pursuant to section 1901.311 of the | 1541 |
Revised Code and assistant clerks as the judges of the municipal | 1542 |
court determine are necessary, all of whom shall receive the | 1543 |
compensation that the legislative authority prescribes. The clerks | 1544 |
of courts of Portage county and Wayne county, acting as the clerks | 1545 |
of the Portage county and Wayne county municipal courts and | 1546 |
assuming the duties of these offices, shall receive compensation | 1547 |
payable from the county treasury in semimonthly installments at | 1548 |
one-fourth the rate that is prescribed for the clerks of courts of | 1549 |
common pleas as determined in accordance with the population of | 1550 |
the county and the rates set forth in sections 325.08 and 325.18 | 1551 |
of the Revised Code. | 1552 |
(d) Except as otherwise provided in division (A)(1)(d) of | 1553 |
this section, in the Akron municipal court, candidates for | 1554 |
election to the office of clerk of the court shall be nominated by | 1555 |
primary election. The primary election shall be held on the day | 1556 |
specified in the charter of the city of Akron for the nomination | 1557 |
of municipal officers. Notwithstanding any contrary provision of | 1558 |
section 3513.05 or 3513.257 of the Revised Code, the declarations | 1559 |
of candidacy and petitions of partisan candidates and the | 1560 |
nominating petitions of independent candidates for the office of | 1561 |
clerk of the Akron municipal court shall be signed by at least | 1562 |
fifty qualified electors of the territory of the court. | 1563 |
The candidates shall file a declaration of candidacy and | 1564 |
petition, or a nominating petition, whichever is applicable, not | 1565 |
later than four p.m. of the seventy-fifth day before the day of | 1566 |
the primary election, in the form prescribed by section 3513.07 or | 1567 |
3513.261 of the Revised Code. The declaration of candidacy and | 1568 |
petition, or the nominating petition, shall conform to the | 1569 |
applicable requirements of section 3513.05 or 3513.257 of the | 1570 |
Revised Code. | 1571 |
If no valid declaration of candidacy and petition is filed by | 1572 |
any person for nomination as a candidate of a particular political | 1573 |
party for election to the office of clerk of the Akron municipal | 1574 |
court, a primary election shall not be held for the purpose of | 1575 |
nominating a candidate of that party for election to that office. | 1576 |
If only one person files a valid declaration of candidacy and | 1577 |
petition for nomination as a candidate of a particular political | 1578 |
party for election to that office, a primary election shall not be | 1579 |
held for the purpose of nominating a candidate of that party for | 1580 |
election to that office, and the candidate shall be issued a | 1581 |
certificate of nomination in the manner set forth in section | 1582 |
3513.02 of the Revised Code. | 1583 |
Declarations of candidacy and petitions, nominating | 1584 |
petitions, and certificates of nomination for the office of clerk | 1585 |
of the Akron municipal court shall contain a designation of the | 1586 |
term for which the candidate seeks election. At the following | 1587 |
regular municipal election, all candidates for the office shall be | 1588 |
submitted to the qualified electors of the territory of the court | 1589 |
in the manner that is provided in section 1901.07 of the Revised | 1590 |
Code for the election of the judges of the court. The clerk so | 1591 |
elected shall hold office for a term of six years, which term | 1592 |
shall commence on the first day of January following the clerk's | 1593 |
election and continue until the clerk's successor is elected and | 1594 |
qualified. | 1595 |
(e) Except as otherwise provided in division (A)(1)(e) of | 1596 |
this section, in the Barberton municipal court, candidates for | 1597 |
election to the office of clerk of the court shall be nominated by | 1598 |
primary election. The primary election shall be held on the day | 1599 |
specified in the charter of the city of Barberton for the | 1600 |
nomination of municipal officers. Notwithstanding any contrary | 1601 |
provision of section 3513.05 or 3513.257 of the Revised Code, the | 1602 |
declarations of candidacy and petitions of partisan candidates and | 1603 |
the nominating petitions of independent candidates for the office | 1604 |
of clerk of the Barberton municipal court shall be signed by at | 1605 |
least fifty qualified electors of the territory of the court. | 1606 |
The candidates shall file a declaration of candidacy and | 1607 |
petition, or a nominating petition, whichever is applicable, not | 1608 |
later than four p.m. of the seventy-fifth day before the day of | 1609 |
the primary election, in the form prescribed by section 3513.07 or | 1610 |
3513.261 of the Revised Code. The declaration of candidacy and | 1611 |
petition, or the nominating petition, shall conform to the | 1612 |
applicable requirements of section 3513.05 or 3513.257 of the | 1613 |
Revised Code. | 1614 |
If no valid declaration of candidacy and petition is filed by | 1615 |
any person for nomination as a candidate of a particular political | 1616 |
party for election to the office of clerk of the Barberton | 1617 |
municipal court, a primary election shall not be held for the | 1618 |
purpose of nominating a candidate of that party for election to | 1619 |
that office. If only one person files a valid declaration of | 1620 |
candidacy and petition for nomination as a candidate of a | 1621 |
particular political party for election to that office, a primary | 1622 |
election shall not be held for the purpose of nominating a | 1623 |
candidate of that party for election to that office, and the | 1624 |
candidate shall be issued a certificate of nomination in the | 1625 |
manner set forth in section 3513.02 of the Revised Code. | 1626 |
Declarations of candidacy and petitions, nominating | 1627 |
petitions, and certificates of nomination for the office of clerk | 1628 |
of the Barberton municipal court shall contain a designation of | 1629 |
the term for which the candidate seeks election. At the following | 1630 |
regular municipal election, all candidates for the office shall be | 1631 |
submitted to the qualified electors of the territory of the court | 1632 |
in the manner that is provided in section 1901.07 of the Revised | 1633 |
Code for the election of the judges of the court. The clerk so | 1634 |
elected shall hold office for a term of six years, which term | 1635 |
shall commence on the first day of January following the clerk's | 1636 |
election and continue until the clerk's successor is elected and | 1637 |
qualified. | 1638 |
(f) Except as otherwise provided in division (A)(1)(f) of | 1639 |
this section, in the Cuyahoga Falls municipal court, candidates | 1640 |
for election to the office of clerk of the court shall be | 1641 |
nominated by primary election. The primary election shall be held | 1642 |
on the day specified in the charter of the city of Cuyahoga Falls | 1643 |
for the nomination of municipal officers. Notwithstanding any | 1644 |
contrary provision of section 3513.05 or 3513.257 of the Revised | 1645 |
Code, the declarations of candidacy and petitions of partisan | 1646 |
candidates and the nominating petitions of independent candidates | 1647 |
for the office of clerk of the Cuyahoga Falls municipal court | 1648 |
shall be signed by at least fifty qualified electors of the | 1649 |
territory of the court. | 1650 |
The candidates shall file a declaration of candidacy and | 1651 |
petition, or a nominating petition, whichever is applicable, not | 1652 |
later than four p.m. of the seventy-fifth day before the day of | 1653 |
the primary election, in the form prescribed by section 3513.07 or | 1654 |
3513.261 of the Revised Code. The declaration of candidacy and | 1655 |
petition, or the nominating petition, shall conform to the | 1656 |
applicable requirements of section 3513.05 or 3513.257 of the | 1657 |
Revised Code. | 1658 |
If no valid declaration of candidacy and petition is filed by | 1659 |
any person for nomination as a candidate of a particular political | 1660 |
party for election to the office of clerk of the Cuyahoga Falls | 1661 |
municipal court, a primary election shall not be held for the | 1662 |
purpose of nominating a candidate of that party for election to | 1663 |
that office. If only one person files a valid declaration of | 1664 |
candidacy and petition for nomination as a candidate of a | 1665 |
particular political party for election to that office, a primary | 1666 |
election shall not be held for the purpose of nominating a | 1667 |
candidate of that party for election to that office, and the | 1668 |
candidate shall be issued a certificate of nomination in the | 1669 |
manner set forth in section 3513.02 of the Revised Code. | 1670 |
Declarations of candidacy and petitions, nominating | 1671 |
petitions, and certificates of nomination for the office of clerk | 1672 |
of the Cuyahoga Falls municipal court shall contain a designation | 1673 |
of the term for which the candidate seeks election. At the | 1674 |
following regular municipal election, all candidates for the | 1675 |
office shall be submitted to the qualified electors of the | 1676 |
territory of the court in the manner that is provided in section | 1677 |
1901.07 of the Revised Code for the election of the judges of the | 1678 |
court. The clerk so elected shall hold office for a term of six | 1679 |
years, which term shall commence on the first day of January | 1680 |
following the clerk's election and continue until the clerk's | 1681 |
successor is elected and qualified. | 1682 |
(g) Except as otherwise provided in division (A)(1)(g) of | 1683 |
this section, in the Toledo municipal court, candidates for | 1684 |
election to the office of clerk of the court shall be nominated by | 1685 |
primary election. The primary election shall be held on the day | 1686 |
specified in the charter of the city of Toledo for the nomination | 1687 |
of municipal officers. Notwithstanding any contrary provision of | 1688 |
section 3513.05 or 3513.257 of the Revised Code, the declarations | 1689 |
of candidacy and petitions of partisan candidates and the | 1690 |
nominating petitions of independent candidates for the office of | 1691 |
clerk of the Toledo municipal court shall be signed by at least | 1692 |
fifty qualified electors of the territory of the court. | 1693 |
The candidates shall file a declaration of candidacy and | 1694 |
petition, or a nominating petition, whichever is applicable, not | 1695 |
later than four p.m. of the seventy-fifth day before the day of | 1696 |
the primary election, in the form prescribed by section 3513.07 or | 1697 |
3513.261 of the Revised Code. The declaration of candidacy and | 1698 |
petition, or the nominating petition, shall conform to the | 1699 |
applicable requirements of section 3513.05 or 3513.257 of the | 1700 |
Revised Code. | 1701 |
If no valid declaration of candidacy and petition is filed by | 1702 |
any person for nomination as a candidate of a particular political | 1703 |
party for election to the office of clerk of the Toledo municipal | 1704 |
court, a primary election shall not be held for the purpose of | 1705 |
nominating a candidate of that party for election to that office. | 1706 |
If only one person files a valid declaration of candidacy and | 1707 |
petition for nomination as a candidate of a particular political | 1708 |
party for election to that office, a primary election shall not be | 1709 |
held for the purpose of nominating a candidate of that party for | 1710 |
election to that office, and the candidate shall be issued a | 1711 |
certificate of nomination in the manner set forth in section | 1712 |
3513.02 of the Revised Code. | 1713 |
Declarations of candidacy and petitions, nominating | 1714 |
petitions, and certificates of nomination for the office of clerk | 1715 |
of the Toledo municipal court shall contain a designation of the | 1716 |
term for which the candidate seeks election. At the following | 1717 |
regular municipal election, all candidates for the office shall be | 1718 |
submitted to the qualified electors of the territory of the court | 1719 |
in the manner that is provided in section 1901.07 of the Revised | 1720 |
Code for the election of the judges of the court. The clerk so | 1721 |
elected shall hold office for a term of six years, which term | 1722 |
shall commence on the first day of January following the clerk's | 1723 |
election and continue until the clerk's successor is elected and | 1724 |
qualified. | 1725 |
(2)(a) Except for the Alliance, Auglaize county, Brown | 1726 |
county, Columbiana county, Lorain, Massillon, and Youngstown | 1727 |
municipal courts, in a municipal court for which the population of | 1728 |
the territory is less than one hundred thousand, the clerk shall | 1729 |
be appointed by the court, and the clerk shall hold office until | 1730 |
the clerk's successor is appointed and qualified. | 1731 |
(b) In the Alliance, Lorain, Massillon, and Youngstown | 1732 |
municipal courts, the clerk shall be elected for a term of office | 1733 |
as described in division (A)(1)(a) of this section. | 1734 |
(c) In the Auglaize county and Brown county municipal courts, | 1735 |
the clerks of courts of Auglaize county and Brown county shall be | 1736 |
the clerks, respectively, of the Auglaize county and Brown county | 1737 |
municipal courts and may appoint a chief deputy clerk for each | 1738 |
branch that is established pursuant to section 1901.311 of the | 1739 |
Revised Code, and assistant clerks as the judge of the court | 1740 |
determines are necessary, all of whom shall receive the | 1741 |
compensation that the legislative authority prescribes. The clerks | 1742 |
of courts of Auglaize county and Brown county, acting as the | 1743 |
clerks of the Auglaize county and Brown county municipal courts | 1744 |
and assuming the duties of these offices, shall receive | 1745 |
compensation payable from the county treasury in semimonthly | 1746 |
installments at one-fourth the rate that is prescribed for the | 1747 |
clerks of courts of common pleas as determined in accordance with | 1748 |
the population of the county and the rates set forth in sections | 1749 |
325.08 and 325.18 of the Revised Code. | 1750 |
(d) In the Columbiana county municipal court, the clerk of | 1751 |
courts of Columbiana county shall be the clerk of the municipal | 1752 |
court, may appoint a chief deputy clerk for each branch office | 1753 |
that is established pursuant to section 1901.311 of the Revised | 1754 |
Code, and may appoint any assistant clerks that the judges of the | 1755 |
court determine are necessary. All of the chief deputy clerks and | 1756 |
assistant clerks shall receive the compensation that the | 1757 |
legislative authority prescribes. The clerk of courts of | 1758 |
Columbiana county, acting as the clerk of the Columbiana county | 1759 |
municipal court and assuming the duties of that office, shall | 1760 |
receive in either biweekly installments or semimonthly | 1761 |
installments, as determined by the payroll administrator, | 1762 |
compensation payable from the county treasury at one-fourth the | 1763 |
rate that is prescribed for the clerks of courts of common pleas | 1764 |
as determined in accordance with the population of the county and | 1765 |
the rates set forth in sections 325.08 and 325.18 of the Revised | 1766 |
Code. | 1767 |
(3) During the temporary absence of the clerk due to illness, | 1768 |
vacation, or other proper cause, the court may appoint a temporary | 1769 |
clerk, who shall be paid the same compensation, have the same | 1770 |
authority, and perform the same duties as the clerk. | 1771 |
(B) Except in the Hamilton county, Portage county, and Wayne | 1772 |
county municipal courts, if a vacancy occurs in the office of the | 1773 |
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal | 1774 |
court or occurs in the office of the clerk of a municipal court | 1775 |
for which the population of the territory equals or exceeds one | 1776 |
hundred thousand because the clerk ceases to hold the office | 1777 |
before the end of the clerk's term or because a clerk-elect fails | 1778 |
to take office, the vacancy shall be filled, until a successor is | 1779 |
elected and qualified, by a person chosen by the residents of the | 1780 |
territory of the court who are members of the county central | 1781 |
committee of the political party by which the last occupant of | 1782 |
that office or the clerk-elect was nominated. Not less than five | 1783 |
nor more than fifteen days after a vacancy occurs, those members | 1784 |
of that county central committee shall meet to make an appointment | 1785 |
to fill the vacancy. At least four days before the date of the | 1786 |
meeting, the chairperson or a secretary of the county central | 1787 |
committee shall notify each such member of that county central | 1788 |
committee by first class mail of the date, time, and place of the | 1789 |
meeting and its purpose. A majority of all such members of that | 1790 |
county central committee constitutes a quorum, and a majority of | 1791 |
the quorum is required to make the appointment. If the office so | 1792 |
vacated was occupied or was to be occupied by a person not | 1793 |
nominated at a primary election, or if the appointment was not | 1794 |
made by the committee members in accordance with this division, | 1795 |
the court shall make an appointment to fill the vacancy. A | 1796 |
successor shall be elected to fill the office for the unexpired | 1797 |
term at the first municipal election that is held more than one | 1798 |
hundred twenty days after the vacancy occurred. | 1799 |
(C)(1) In a municipal court, other than the Auglaize county, | 1800 |
the Brown county, the Columbiana county, and the Lorain municipal | 1801 |
courts, for which the population of the territory is less than one | 1802 |
hundred thousand, the clerk of the municipal court shall receive | 1803 |
the annual compensation that the presiding judge of the court | 1804 |
prescribes, if the revenue of the court for the preceding calendar | 1805 |
year, as certified by the auditor or chief fiscal officer of the | 1806 |
municipal corporation in which the court is located or, in the | 1807 |
case of a county-operated municipal court, the county auditor, is | 1808 |
equal to or greater than the expenditures, including any debt | 1809 |
charges, for the operation of the court payable under this chapter | 1810 |
from the city treasury or, in the case of a county-operated | 1811 |
municipal court, the county treasury for that calendar year, as | 1812 |
also certified by the auditor or chief fiscal officer. If the | 1813 |
revenue of a municipal court, other than the Auglaize county, the | 1814 |
Brown county, the Columbiana county, and the Lorain municipal | 1815 |
courts, for which the population of the territory is less than one | 1816 |
hundred thousand for the preceding calendar year as so certified | 1817 |
is not equal to or greater than those expenditures for the | 1818 |
operation of the court for that calendar year as so certified, the | 1819 |
clerk of a municipal court shall receive the annual compensation | 1820 |
that the legislative authority prescribes. As used in this | 1821 |
division, "revenue" means the total of all costs and fees that are | 1822 |
collected and paid to the city treasury or, in a county-operated | 1823 |
municipal court, the county treasury by the clerk of the municipal | 1824 |
court under division (F) of this section and all interest received | 1825 |
and paid to the city treasury or, in a county-operated municipal | 1826 |
court, the county treasury in relation to the costs and fees under | 1827 |
division (G) of this section. | 1828 |
(2) In a municipal court, other than the Hamilton county, | 1829 |
Portage county, and Wayne county municipal courts, for which the | 1830 |
population of the territory is one hundred thousand or more, and | 1831 |
in the Lorain municipal court, the clerk of the municipal court | 1832 |
shall receive annual compensation in a sum equal to eighty-five | 1833 |
per cent of the salary of a judge of the court. | 1834 |
(3) The compensation of a clerk described in division (C)(1) | 1835 |
or (2) of this section is payable in semimonthly installments from | 1836 |
the same sources and in the same manner as provided in section | 1837 |
1901.11 of the Revised Code, except that the compensation of the | 1838 |
clerk of the Carroll county municipal court is payable in biweekly | 1839 |
installments. | 1840 |
(D) Before entering upon the duties of the clerk's office, | 1841 |
the clerk of a municipal court shall give bond of not less than | 1842 |
six thousand dollars to be determined by the judges of the court, | 1843 |
conditioned upon the faithful performance of the clerk's duties. | 1844 |
(E) The clerk of a municipal court may do all of the | 1845 |
following: administer oaths, take affidavits, and issue executions | 1846 |
upon any judgment rendered in the court, including a judgment for | 1847 |
unpaid costs; issue, sign, and attach the seal of the court to all | 1848 |
writs, process, subpoenas, and papers issuing out of the court; | 1849 |
and approve all bonds, sureties, recognizances, and undertakings | 1850 |
fixed by any judge of the court or by law. The clerk may refuse to | 1851 |
accept for filing any pleading or paper submitted for filing by a | 1852 |
person who has been found to be a vexatious litigator under | 1853 |
section 2323.52 of the Revised Code and who has failed to obtain | 1854 |
leave to proceed under that section. The clerk shall do all of the | 1855 |
following: file and safely keep all journals, records, books, and | 1856 |
papers belonging or appertaining to the court; record the | 1857 |
proceedings of the court; perform all other duties that the judges | 1858 |
of the court may prescribe; and keep a book showing all receipts | 1859 |
and disbursements, which book shall be open for public inspection | 1860 |
at all times. | 1861 |
The clerk shall prepare and maintain a general index, a | 1862 |
docket, and other records that the court, by rule, requires, all | 1863 |
of which shall be the public records of the court. In the docket, | 1864 |
the clerk shall enter, at the time of the commencement of an | 1865 |
action, the names of the parties in full, the names of the | 1866 |
counsel, and the nature of the proceedings. Under proper dates, | 1867 |
the clerk shall note the filing of the complaint, issuing of | 1868 |
summons or other process, returns, and any subsequent pleadings. | 1869 |
The clerk also shall enter all reports, verdicts, orders, | 1870 |
judgments, and proceedings of the court, clearly specifying the | 1871 |
relief granted or orders made in each action. The court may order | 1872 |
an extended record of any of the above to be made and entered, | 1873 |
under the proper action heading, upon the docket at the request of | 1874 |
any party to the case, the expense of which record may be taxed as | 1875 |
costs in the case or may be required to be prepaid by the party | 1876 |
demanding the record, upon order of the court. | 1877 |
(F) The clerk of a municipal court shall receive, collect, | 1878 |
and issue receipts for all costs, fees, fines, bail, and other | 1879 |
moneys payable to the office or to any officer of the court. The | 1880 |
clerk shall each month disburse to the proper persons or officers, | 1881 |
and take receipts for, all costs, fees, fines, bail, and other | 1882 |
moneys that the clerk collects. Subject to sections 3375.50 and | 1883 |
4511.193 of the Revised Code and to any other section of the | 1884 |
Revised Code that requires a specific manner of disbursement of | 1885 |
any moneys received by a municipal court and except for the | 1886 |
Hamilton county, Lawrence county, and Ottawa county municipal | 1887 |
courts, the clerk shall pay all fines received for violation of | 1888 |
municipal ordinances into the treasury of the municipal | 1889 |
corporation the ordinance of which was violated and shall pay all | 1890 |
fines received for violation of township resolutions adopted | 1891 |
pursuant to section 503.52 or 503.53 or Chapter 504. of the | 1892 |
Revised Code into the treasury of the township the resolution of | 1893 |
which was violated. Subject to sections 1901.024 and 4511.193 of | 1894 |
the Revised Code, in the Hamilton county, Lawrence county, and | 1895 |
Ottawa county municipal courts, the clerk shall pay fifty per cent | 1896 |
of the fines received for violation of municipal ordinances and | 1897 |
fifty per cent of the fines received for violation of township | 1898 |
resolutions adopted pursuant to section 503.52 or 503.53 or | 1899 |
Chapter 504. of the Revised Code into the treasury of the county. | 1900 |
Subject to sections 3375.50, 3375.53, 4511.19, and 5503.04 of the | 1901 |
Revised Code and to any other section of the Revised Code that | 1902 |
requires a specific manner of disbursement of any moneys received | 1903 |
by a municipal court, the clerk shall pay all fines collected for | 1904 |
the violation of state laws into the county treasury. Except in a | 1905 |
county-operated municipal court, the clerk shall pay all costs and | 1906 |
fees the disbursement of which is not otherwise provided for in | 1907 |
the Revised Code into the city treasury. The clerk of a | 1908 |
county-operated municipal court shall pay the costs and fees the | 1909 |
disbursement of which is not otherwise provided for in the Revised | 1910 |
Code into the county treasury. Moneys deposited as security for | 1911 |
costs shall be retained pending the litigation. The clerk shall | 1912 |
keep a separate account of all receipts and disbursements in civil | 1913 |
and criminal cases, which shall be a permanent public record of | 1914 |
the office. On the expiration of the term of the clerk, the clerk | 1915 |
shall deliver the records to the clerk's successor. The clerk | 1916 |
shall have other powers and duties as are prescribed by rule or | 1917 |
order of the court. | 1918 |
(G) All moneys paid into a municipal court shall be noted on | 1919 |
the record of the case in which they are paid and shall be | 1920 |
deposited in a state or national bank, or a domestic savings and | 1921 |
loan association, as defined in section 1151.01 of the Revised | 1922 |
Code, that is selected by the clerk. Any interest received upon | 1923 |
the deposits shall be paid into the city treasury, except that, in | 1924 |
a county-operated municipal court, the interest shall be paid into | 1925 |
the treasury of the county in which the court is located. | 1926 |
On the first Monday in January of each year, the clerk shall | 1927 |
make a list of the titles of all cases in the court that were | 1928 |
finally determined more than one year past in which there remains | 1929 |
unclaimed in the possession of the clerk any funds, or any part of | 1930 |
a deposit for security of costs not consumed by the costs in the | 1931 |
case. The clerk shall give notice of the moneys to the parties who | 1932 |
are entitled to the moneys or to their attorneys of record. All | 1933 |
the moneys remaining unclaimed on the first day of April of each | 1934 |
year shall be paid by the clerk to the city treasurer, except | 1935 |
that, in a county-operated municipal court, the moneys shall be | 1936 |
paid to the treasurer of the county in which the court is located. | 1937 |
The treasurer shall pay any part of the moneys at any time to the | 1938 |
person who has the right to the moneys upon proper certification | 1939 |
of the clerk. | 1940 |
(H) Deputy clerks of a municipal court other than the Carroll | 1941 |
county municipal court may be appointed by the clerk and shall | 1942 |
receive the compensation, payable in either biweekly installments | 1943 |
or semimonthly installments, as determined by the payroll | 1944 |
administrator, out of the city treasury, that the clerk may | 1945 |
prescribe, except that the compensation of any deputy clerk of a | 1946 |
county-operated municipal court shall be paid out of the treasury | 1947 |
of the county in which the court is located. The judge of the | 1948 |
Carroll county municipal court may appoint deputy clerks for the | 1949 |
court, and the deputy clerks shall receive the compensation, | 1950 |
payable in biweekly installments out of the county treasury, that | 1951 |
the judge may prescribe. Each deputy clerk shall take an oath of | 1952 |
office before entering upon the duties of the deputy clerk's | 1953 |
office and, when so qualified, may perform the duties appertaining | 1954 |
to the office of the clerk. The clerk may require any of the | 1955 |
deputy clerks to give bond of not less than three thousand | 1956 |
dollars, conditioned for the faithful performance of the deputy | 1957 |
clerk's duties. | 1958 |
(I) For the purposes of this section, whenever the population | 1959 |
of the territory of a municipal court falls below one hundred | 1960 |
thousand but not below ninety thousand, and the population of the | 1961 |
territory prior to the most recent regular federal census exceeded | 1962 |
one hundred thousand, the legislative authority of the municipal | 1963 |
corporation may declare, by resolution, that the territory shall | 1964 |
be considered to have a population of at least one hundred | 1965 |
thousand. | 1966 |
(J) The clerk or a deputy clerk shall be in attendance at all | 1967 |
sessions of the municipal court, although not necessarily in the | 1968 |
courtroom, and may administer oaths to witnesses and jurors and | 1969 |
receive verdicts. | 1970 |
Sec. 1901.34. (A) Except as provided in divisions (B) and | 1971 |
(D) of this section, the village solicitor, city director of law, | 1972 |
or similar chief legal officer for each municipal corporation | 1973 |
within the territory of a municipal court shall prosecute all | 1974 |
cases brought before the municipal court for criminal offenses | 1975 |
occurring within the municipal corporation for which that person | 1976 |
is the solicitor, director of law, or similar chief legal officer. | 1977 |
Except as provided in division (B) of this section, the village | 1978 |
solicitor, city director of law, or similar chief legal officer of | 1979 |
the municipal corporation in which a municipal court is located | 1980 |
shall prosecute all criminal cases brought before the court | 1981 |
arising in the unincorporated areas within the territory of the | 1982 |
municipal court. | 1983 |
(B) The Auglaize county, Brown county, Clermont county, | 1984 |
Hocking county, Jackson county, Morrow county, Ottawa county, and | 1985 |
Portage county prosecuting attorneys shall prosecute in municipal | 1986 |
court all violations of state law arising in their respective | 1987 |
counties. The Carroll county, Crawford county, Hamilton county, | 1988 |
Madison county, and Wayne county prosecuting attorneys shall | 1989 |
prosecute all violations of state law arising within the | 1990 |
unincorporated areas of their respective counties. The Columbiana | 1991 |
county prosecuting attorney shall prosecute in the Columbiana | 1992 |
county municipal court all violations of state law arising in the | 1993 |
county, except for violations arising in the municipal corporation | 1994 |
of East Liverpool, Liverpool township, or St. Clair township. The | 1995 |
Darke county prosecuting attorney shall prosecute in the Darke | 1996 |
county municipal court all violations of state law arising in the | 1997 |
county, except for violations of state law arising in the | 1998 |
municipal corporation of Greenville and violations of state law | 1999 |
arising in the village of Versailles. The Greene county | 2000 |
prosecuting attorney may, with the concurrence of the Greene | 2001 |
county board of county commissioners, prosecute in the Fairborn | 2002 |
municipal court all violations of state law arising within the | 2003 |
unincorporated areas of Bath and Beavercreek townships in Greene | 2004 |
county and prosecute in the Xenia municipal court all violations | 2005 |
of state law arising within the unincorporated areas of | 2006 |
Ceasarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross, | 2007 |
Silvercreek, Spring Valley, Sugarcreek, and Xenia townships in | 2008 |
Greene county. | 2009 |
The prosecuting attorney of any county given the duty of | 2010 |
prosecuting in municipal court violations of state law shall | 2011 |
receive no additional compensation for assuming these additional | 2012 |
duties, except that the prosecuting attorney of Hamilton, Portage, | 2013 |
and Wayne counties shall receive compensation at the rate of four | 2014 |
thousand eight hundred dollars per year, and the prosecuting | 2015 |
attorney of Auglaize county shall receive compensation at the rate | 2016 |
of one thousand eight hundred dollars per year, each payable from | 2017 |
the county treasury of the respective counties in semimonthly | 2018 |
installments. | 2019 |
(C) The village solicitor, city director of law, or similar | 2020 |
chief legal officer shall perform the same duties, insofar as they | 2021 |
are applicable to the village solicitor, city director of law, or | 2022 |
similar chief legal officer, as are required of the prosecuting | 2023 |
attorney of the county. The village solicitor, city director of | 2024 |
law, similar chief legal officer or any assistants who may be | 2025 |
appointed shall receive for such services additional compensation | 2026 |
to be paid from the treasury of the county as the board of county | 2027 |
commissioners prescribes. | 2028 |
(D) The prosecuting attorney of any county, other than | 2029 |
Auglaize, Brown, Clermont, Hocking, Jackson, Morrow, Ottawa, or | 2030 |
Portage county, may enter into an agreement with any municipal | 2031 |
corporation in the county in which the prosecuting attorney serves | 2032 |
pursuant to which the prosecuting attorney prosecutes all criminal | 2033 |
cases brought before the municipal court that has territorial | 2034 |
jurisdiction over that municipal corporation for criminal offenses | 2035 |
occurring within the municipal corporation. The prosecuting | 2036 |
attorney of Auglaize, Brown, Clermont, Hocking, Jackson, Morrow, | 2037 |
Ottawa, or Portage county may enter into an agreement with any | 2038 |
municipal corporation in the county in which the prosecuting | 2039 |
attorney serves pursuant to which the respective prosecuting | 2040 |
attorney prosecutes all cases brought before the Auglaize county, | 2041 |
Brown county, Clermont county, Hocking county, Jackson county, | 2042 |
Morrow county, Ottawa county, or Portage county municipal court | 2043 |
for violations of the ordinances of the municipal corporation or | 2044 |
for criminal offenses other than violations of state law occurring | 2045 |
within the municipal corporation. For prosecuting these cases, the | 2046 |
prosecuting attorney and the municipal corporation may agree upon | 2047 |
a fee to be paid by the municipal corporation, which fee shall be | 2048 |
paid into the county treasury, to be used to cover expenses of the | 2049 |
office of the prosecuting attorney. | 2050 |
Sec. 1901.43. (A) If a sheriff or chief of police has not | 2051 |
taken, or caused to be taken, a person's or child's fingerprints | 2052 |
in accordance with division (A)(1) of section 109.60 of the | 2053 |
Revised Code with respect to a crime or act set forth in that | 2054 |
division by the time of the arraignment or first appearance of the | 2055 |
person or child with respect to that crime or act, the municipal | 2056 |
court shall order the person or child to appear before the sheriff | 2057 |
or chief of police within twenty-four hours of the arraignment or | 2058 |
first appearance to have the person's or child's fingerprints | 2059 |
taken as provided in division (A)(2) of section 109.60 of the | 2060 |
Revised Code. | 2061 |
(B) If the municipal court has jurisdiction over a case | 2062 |
involving a person or child with respect to whom division (A)(1) | 2063 |
or (2) of section 109.60 of the Revised Code requires a sheriff or | 2064 |
chief of police to take the person's or child's fingerprints, the | 2065 |
municipal court shall inquire at the time of the person's or | 2066 |
child's sentencing or adjudication for the crime or act for which | 2067 |
the fingerprints were required to be taken whether or not the | 2068 |
person or child has been fingerprinted pursuant to division (A)(1) | 2069 |
or (2) of section 109.60 of the Revised Code for the original | 2070 |
arrest or court appearance upon which the sentence or adjudication | 2071 |
is based. If a person or child was not fingerprinted for the | 2072 |
original arrest or court appearance, the municipal court shall | 2073 |
order the person or child to appear before the sheriff or chief of | 2074 |
police within twenty-four hours to have the person's or child's | 2075 |
fingerprints taken as provided in division (A)(3) of section | 2076 |
109.60 of the Revised Code. | 2077 |
Sec. 1907.11. (A) Each county court district shall have the | 2078 |
following county court judges, to be elected as follows: | 2079 |
In the Adams county county court, one part-time judge shall | 2080 |
be elected in 1982. | 2081 |
In the Ashtabula county county court, one part-time judge | 2082 |
shall be elected in 1980, and one part-time judge shall be elected | 2083 |
in 1982. | 2084 |
In the Belmont county county court, one part-time judge shall | 2085 |
be elected in 1992, term to commence on January 1, 1993, and two | 2086 |
part-time judges shall be elected in 1994, terms to commence on | 2087 |
January 1, 1995, and January 2, 1995, respectively. | 2088 |
In the Butler county county court, one part-time judge shall | 2089 |
be elected in 1992, term to commence on January 1, 1993, and two | 2090 |
part-time judges shall be elected in 1994, terms to commence on | 2091 |
January 1, 1995, and January 2, 1995, respectively. | 2092 |
| 2093 |
2094 |
In the Erie county county court, one part-time judge shall be | 2095 |
elected in 1982. | 2096 |
In the Fulton county county court, one part-time judge shall | 2097 |
be elected in 1980, and one part-time judge shall be elected in | 2098 |
1982. | 2099 |
In the Harrison county county court, one part-time judge | 2100 |
shall be elected in 1982. | 2101 |
In the Highland county county court, one part-time judge | 2102 |
shall be elected in 1982. | 2103 |
In the Holmes county county court, one part-time judge shall | 2104 |
be elected in 1982. | 2105 |
In the Jefferson county county court, one part-time judge | 2106 |
shall be elected in 1992, term to commence on January 1, 1993, and | 2107 |
two part-time judges shall be elected in 1994, terms to commence | 2108 |
on January 1, 1995, and January 2, 1995, respectively. | 2109 |
In the Mahoning county county court, one part-time judge | 2110 |
shall be elected in 1992, term to commence on January 1, 1993, and | 2111 |
three part-time judges shall be elected in 1994, terms to commence | 2112 |
on January 1, 1995, January 2, 1995, and January 3, 1995, | 2113 |
respectively. | 2114 |
In the Meigs county county court, one part-time judge shall | 2115 |
be elected in 1982. | 2116 |
In the Monroe county county court, one part-time judge shall | 2117 |
be elected in 1982. | 2118 |
In the Montgomery county county court, three part-time judges | 2119 |
shall be elected in 1998, terms to commence on January 1, 1999, | 2120 |
January 2, 1999, and January 3, 1999, respectively, and two | 2121 |
part-time judges shall be elected in 1994, terms to commence on | 2122 |
January 1, 1995, and January 2, 1995, respectively. | 2123 |
In the Morgan county county court, one part-time judge shall | 2124 |
be elected in 1982. | 2125 |
In the Muskingum county county court, one part-time judge | 2126 |
shall be elected in 1980, and one part-time judge shall be elected | 2127 |
in 1982. | 2128 |
In the Noble county county court, one part-time judge shall | 2129 |
be elected in 1982. | 2130 |
In the Paulding county county court, one part-time judge | 2131 |
shall be elected in 1982. | 2132 |
In the Perry county county court, one part-time judge shall | 2133 |
be elected in 1982. | 2134 |
In the Pike county county court, one part-time judge shall be | 2135 |
elected in 1982. | 2136 |
In the Putnam county county court, one part-time judge shall | 2137 |
be elected in 1980, and one part-time judge shall be elected in | 2138 |
1982. | 2139 |
In the Sandusky county county court, two part-time judges | 2140 |
shall be elected in 1994, terms to commence on January 1, 1995, | 2141 |
and January 2, 1995, respectively. | 2142 |
In the Trumbull county county court, one part-time judge | 2143 |
shall be elected in 1992, and one part-time judge shall be elected | 2144 |
in 1994. | 2145 |
In the Tuscarawas county county court, one part-time judge | 2146 |
shall be elected in 1982. | 2147 |
In the Vinton county county court, one part-time judge shall | 2148 |
be elected in 1982. | 2149 |
In the Warren county county court, one part-time judge shall | 2150 |
be elected in 1980, and one part-time judge shall be elected in | 2151 |
1982. | 2152 |
(B)(1) Additional judges shall be elected at the next regular | 2153 |
election for a county court judge as provided in section 1907.13 | 2154 |
of the Revised Code. | 2155 |
(2) Vacancies caused by the death or the resignation from, | 2156 |
forfeiture of, or removal from office of a judge shall be filled | 2157 |
in accordance with section 107.08 of the Revised Code, except as | 2158 |
provided in section 1907.15 of the Revised Code. | 2159 |
Sec. 1907.181. (A) If a sheriff or chief of police has not | 2160 |
taken, or caused to be taken, a person's or child's fingerprints | 2161 |
in accordance with division (A)(1) of section 109.60 of the | 2162 |
Revised Code with respect to a crime or act set forth in that | 2163 |
division by the time of the arraignment or first appearance of the | 2164 |
person or child with respect to that crime or act, the county | 2165 |
court shall order the person or child to appear before the sheriff | 2166 |
or chief of police within twenty-four hours of the arraignment or | 2167 |
first appearance to have the person's or child's fingerprints | 2168 |
taken as provided in division (A)(2) of section 109.60 of the | 2169 |
Revised Code. | 2170 |
(B) If the county court has jurisdiction over a case | 2171 |
involving a person or child with respect to whom division (A)(1) | 2172 |
or (2) of section 109.60 of the Revised Code requires a sheriff or | 2173 |
chief of police to take the person's or child's fingerprints, the | 2174 |
county court shall inquire at the time of the person's or child's | 2175 |
sentencing or adjudication for the crime or act for which the | 2176 |
fingerprints were required to be taken whether or not the person | 2177 |
or child has been fingerprinted pursuant to division (A)(1) or (2) | 2178 |
of section 109.60 of the Revised Code for the original arrest or | 2179 |
court appearance upon which the sentence or adjudication is based. | 2180 |
If a person or child was not fingerprinted for the original arrest | 2181 |
or court appearance, the county court shall order the person or | 2182 |
child to appear before the sheriff or chief of police within | 2183 |
twenty-four hours to have the person's or child's fingerprints | 2184 |
taken as provided in division (A)(3) of section 109.60 of the | 2185 |
Revised Code. | 2186 |
Sec. 2301.10. (A) If a sheriff or chief of police has not | 2187 |
taken, or caused to be taken, a person's or child's fingerprints | 2188 |
in accordance with division (A)(1) of section 109.60 of the | 2189 |
Revised Code with respect to a crime or act set forth in that | 2190 |
division by the time of the arraignment or first appearance of the | 2191 |
person or child with respect to that crime or act, the court of | 2192 |
common pleas shall order the person or child to appear before the | 2193 |
sheriff or chief of police within twenty-four hours of the | 2194 |
arraignment or first appearance to have the person's or child's | 2195 |
fingerprints taken as provided in division (A)(2) of section | 2196 |
109.60 of the Revised Code. | 2197 |
(B) If the court of common pleas has jurisdiction over a case | 2198 |
involving a person or child with respect to whom division (A)(1) | 2199 |
or (2) of section 109.60 of the Revised Code requires a sheriff or | 2200 |
chief of police to take the person's or child's fingerprints, the | 2201 |
court of common pleas shall inquire at the time of the person's or | 2202 |
child's sentencing or adjudication for the crime or act for which | 2203 |
the fingerprints were required to be taken whether or not the | 2204 |
person or child has been fingerprinted pursuant to division (A)(1) | 2205 |
or (2) of section 109.60 of the Revised Code for the original | 2206 |
arrest or court appearance upon which the sentence or adjudication | 2207 |
is based. If a person or child was not fingerprinted for the | 2208 |
original arrest or court appearance, the court of common pleas | 2209 |
shall order the person or child to appear before the sheriff or | 2210 |
chief of police within twenty-four hours to have the person's or | 2211 |
child's fingerprints taken as provided in division (A)(3) of | 2212 |
section 109.60 of the Revised Code. | 2213 |
Sec. 2501.012. (A) There shall be nine additional judges of | 2214 |
the court of appeals of the eighth district, composed of Cuyahoga | 2215 |
county. | 2216 |
Three of the additional judges of the eighth district court | 2217 |
of appeals shall be elected at the general election in 1962 for a | 2218 |
term of six years, their terms to commence on successive days | 2219 |
beginning on the first day of January, 1963. Three of the | 2220 |
additional judges of the eighth district court of appeals shall be | 2221 |
elected at the general election in 1976 for a term of six years, | 2222 |
their terms to commence on successive days beginning on the first | 2223 |
day of January, 1977. Three of the additional judges of the eighth | 2224 |
district court of appeals shall be elected at the general election | 2225 |
in 1990 for a term of six years, their terms to commence on | 2226 |
successive days beginning on February 10, 1991. The additional | 2227 |
judges shall thereafter be elected to hold terms of six years. | 2228 |
In the eighth district, any three judges shall comprise the | 2229 |
court of appeals in the hearing and disposition of cases in | 2230 |
accordance with any local rules of practice and procedure that may | 2231 |
be adopted by the judges of the court. | 2232 |
(B) There shall be two additional judges of the court of | 2233 |
appeals of the ninth district, composed of Lorain, Medina, Summit, | 2234 |
and Wayne counties. | 2235 |
One of the additional judges of the ninth district court of | 2236 |
appeals shall be elected at the general election in 1980 for a | 2237 |
term of six years beginning February 10, 1981. One of the | 2238 |
additional judges of the ninth district court of appeals shall be | 2239 |
elected at the general election in 1986 for a term of six years | 2240 |
beginning February 11, 1987. The additional judges shall | 2241 |
thereafter be elected to hold terms of six years. | 2242 |
In the ninth district, any three judges shall comprise the | 2243 |
court of appeals in the hearing and disposition of cases in | 2244 |
accordance with any local rules of practice and procedure that may | 2245 |
be adopted by the judges of the court. | 2246 |
(C) There shall be five additional judges of the court of | 2247 |
appeals of the tenth district, composed of Franklin county. | 2248 |
One of the additional judges of the tenth district court of | 2249 |
appeals shall be elected at the general election in 1962 for a | 2250 |
term of six years beginning January 1, 1963. One of the additional | 2251 |
judges of the tenth district court of appeals shall be elected at | 2252 |
the general election in 1970 for a term of six years beginning | 2253 |
February 10, 1971. One of the additional judges of the tenth | 2254 |
district court of appeals shall be elected at the general election | 2255 |
in 1980 for a term of six years beginning January 2, 1981. One of | 2256 |
the additional judges of the tenth district court of appeals shall | 2257 |
be elected at the general election in 1986 for a term of six years | 2258 |
beginning January 3, 1987. One of the additional judges of the | 2259 |
tenth district court of appeals shall be elected at the general | 2260 |
election in 1990 for a term of six years beginning July 1, 1991. | 2261 |
The additional judges shall thereafter be elected to hold terms of | 2262 |
six years. | 2263 |
In the tenth district, any three judges shall comprise the | 2264 |
court of appeals in the hearing and disposition of cases in | 2265 |
accordance with any local rules of practice and procedure that may | 2266 |
be adopted by the judges of the court. | 2267 |
(D) There shall be two additional judges of the court of | 2268 |
appeals of the eleventh district, composed of Lake, Ashtabula, | 2269 |
Geauga, Trumbull, and Portage counties. | 2270 |
One of the additional judges of the eleventh district court | 2271 |
of appeals shall be elected at the general election in 1990 for a | 2272 |
term of six years beginning February 10, 1991. One of the | 2273 |
additional judges of the eleventh district court of appeals shall | 2274 |
be elected at the general election in 2000 for a term of six years | 2275 |
beginning February 10, 2001. The additional judges shall | 2276 |
thereafter be elected to hold terms of six years. | 2277 |
In the eleventh district, any three judges shall comprise the | 2278 |
court of appeals in the hearing and disposition of cases in | 2279 |
accordance with any local rules of practice and procedure that may | 2280 |
be adopted by the judges of the court. | 2281 |
(E) There shall be | 2282 |
court of appeals of the twelfth district, composed of Brown, | 2283 |
Butler, Clermont, Clinton, Fayette, Madison, Preble, and Warren | 2284 |
counties. | 2285 |
| 2286 |
district court of appeals shall be elected at the general election | 2287 |
in 1986 for a term of six years beginning February 10, 1987. One | 2288 |
of the additional judges of the twelfth district court of appeals | 2289 |
shall be elected at the general election in 2008 for a term of six | 2290 |
years beginning January 1, 2009. The additional | 2291 |
thereafter be elected to hold terms of six years. | 2292 |
In the twelfth district, any three judges shall comprise the | 2293 |
court of appeals in the hearing and disposition of cases in | 2294 |
accordance with any local rules of practice and procedure that may | 2295 |
be adopted by the judges of the court. | 2296 |
(F) Any judge of the court of appeals may be assigned by the | 2297 |
chief justice of the supreme court to hold court in another | 2298 |
district and shall hold court in the district to which the judge | 2299 |
is assigned. | 2300 |
Section 2. That existing sections 109.57, 109.60, 1901.01, | 2301 |
1901.02, 1901.03, 1901.07, 1901.08, 1901.31, 1901.34, 1907.11, and | 2302 |
2501.012 of the Revised Code are hereby repealed. | 2303 |
Section 3. That the versions of sections 1901.01, 1901.02, | 2304 |
1901.03, 1901.08, 1901.31, 1901.34, and 1907.11 of the Revised | 2305 |
Code that are scheduled to take effect January 18, 2007, be | 2306 |
amended to read as follows: | 2307 |
Sec. 1901.01. (A) There is hereby established a municipal | 2308 |
court in each of the following municipal corporations: | 2309 |
Akron, Alliance, Ashland, Ashtabula, Athens, Avon Lake, | 2310 |
Barberton, Bedford, Bellefontaine, Bellevue, Berea, Bowling Green, | 2311 |
Bryan, Bucyrus, Cambridge, Campbell, Canton, Carrollton, Celina, | 2312 |
Chardon, Chesapeake, Chillicothe, Cincinnati, Circleville, | 2313 |
Cleveland, Cleveland Heights, Columbus, Conneaut, Coshocton, | 2314 |
Cuyahoga Falls, Dayton, Defiance, Delaware, East Cleveland, East | 2315 |
Liverpool, Eaton, Elyria, Euclid, Fairborn, Fairfield, Findlay, | 2316 |
Fostoria, Franklin, Fremont, Gallipolis, Garfield Heights, | 2317 |
Georgetown, Girard, Greenville, Hamilton, Hillsboro, Huron, | 2318 |
Ironton, Jackson, Kenton, Kettering, Lakewood, Lancaster, Lebanon, | 2319 |
Lima, Logan, London, Lorain, Lyndhurst, Mansfield, Marietta, | 2320 |
Marion, Marysville, Mason, Massillon, Maumee, Medina, Mentor, | 2321 |
Miamisburg, Middletown, Millersburg, Mount Gilead, Mount Vernon, | 2322 |
Napoleon, Newark, New Philadelphia, Newton Falls, Niles, Norwalk, | 2323 |
Oakwood, Oberlin, Oregon, Painesville, Parma, Perrysburg, Port | 2324 |
Clinton, Portsmouth, Ravenna, Rocky River, Sandusky, Shaker | 2325 |
Heights, Shelby, Sidney, South Euclid, Springfield, Steubenville, | 2326 |
Struthers, Sylvania, Tiffin, Toledo, Troy, Upper Sandusky, Urbana, | 2327 |
Vandalia, Van Wert, Vermilion, Wadsworth, Wapakoneta, Warren, City | 2328 |
of Washington in Fayette county, to be known as Washington Court | 2329 |
House, Willoughby, Wilmington, Wooster, Xenia, Youngstown, and | 2330 |
Zanesville. | 2331 |
(B) There is hereby established a municipal court within | 2332 |
Clermont county in Batavia or in any other municipal corporation | 2333 |
or unincorporated territory within Clermont county that is | 2334 |
selected by the legislative authority of the Clermont county | 2335 |
municipal court. The municipal court established by this division | 2336 |
is a continuation of the municipal court previously established in | 2337 |
Batavia by this section before the enactment of this division. | 2338 |
(C) There is hereby established a municipal court within | 2339 |
Columbiana | 2340 |
corporation or unincorporated territory within Columbiana county, | 2341 |
except the municipal corporation of East Liverpool or Liverpool or | 2342 |
St. Clair township, that is selected by the judges of the | 2343 |
municipal court pursuant to division (I) of section 1901.021 of | 2344 |
the Revised Code. | 2345 |
(D) Effective January 1, 2008, there is hereby established a | 2346 |
municipal court within Erie county in Milan or in any other | 2347 |
municipal corporation or unincorporated territory within Erie | 2348 |
county that is within the territorial jurisdiction of the Erie | 2349 |
county municipal court and is selected by the legislative | 2350 |
authority of that court. | 2351 |
(E) The Cuyahoga Falls municipal court shall remain in | 2352 |
existence until December 31, 2008, and shall be replaced by the | 2353 |
Stow municipal court on January 1, 2009. | 2354 |
(F) Effective January 1, 2009, there is hereby established a | 2355 |
municipal court in the municipal corporation of Stow. | 2356 |
Sec. 1901.02. (A) The municipal courts established by | 2357 |
section 1901.01 of the Revised Code have jurisdiction within the | 2358 |
corporate limits of their respective municipal corporations, or, | 2359 |
for the Clermont county municipal court, the Columbiana county | 2360 |
municipal court, and, effective January 1, 2008, the Erie county | 2361 |
municipal court, within the municipal corporation or | 2362 |
unincorporated territory in which | 2363 |
are courts of record. Each of the courts shall be styled | 2364 |
".................................. municipal court," inserting | 2365 |
the name of the municipal corporation, except the following | 2366 |
courts, which shall be styled as set forth below: | 2367 |
(1) The municipal court established in Chesapeake that shall | 2368 |
be styled and known as the "Lawrence county municipal court"; | 2369 |
(2) The municipal court established in Cincinnati that shall | 2370 |
be styled and known as the "Hamilton county municipal court"; | 2371 |
(3) The municipal court established in Ravenna that shall be | 2372 |
styled and known as the "Portage county municipal court"; | 2373 |
(4) The municipal court established in Athens that shall be | 2374 |
styled and known as the "Athens county municipal court"; | 2375 |
(5) The municipal court established in Columbus that shall be | 2376 |
styled and known as the "Franklin county municipal court"; | 2377 |
(6) The municipal court established in London that shall be | 2378 |
styled and known as the "Madison county municipal court"; | 2379 |
(7) The municipal court established in Newark that shall be | 2380 |
styled and known as the "Licking county municipal court"; | 2381 |
(8) The municipal court established in Wooster that shall be | 2382 |
styled and known as the "Wayne county municipal court"; | 2383 |
(9) The municipal court established in Wapakoneta that shall | 2384 |
be styled and known as the "Auglaize county municipal court"; | 2385 |
(10) The municipal court established in Troy that shall be | 2386 |
styled and known as the "Miami county municipal court"; | 2387 |
(11) The municipal court established in Bucyrus that shall be | 2388 |
styled and known as the "Crawford county municipal court"; | 2389 |
(12) The municipal court established in Logan that shall be | 2390 |
styled and known as the "Hocking county municipal court"; | 2391 |
(13) The municipal court established in Urbana that shall be | 2392 |
styled and known as the "Champaign county municipal court"; | 2393 |
(14) The municipal court established in Jackson that shall be | 2394 |
styled and known as the "Jackson county municipal court"; | 2395 |
(15) The municipal court established in Springfield that | 2396 |
shall be styled and known as the "Clark county municipal court"; | 2397 |
(16) The municipal court established in Kenton that shall be | 2398 |
styled and known as the "Hardin county municipal court"; | 2399 |
(17) The municipal court established within Clermont county | 2400 |
in Batavia or in any other municipal corporation or unincorporated | 2401 |
territory within Clermont county that is selected by the | 2402 |
legislative authority of that court that shall be styled and known | 2403 |
as the "Clermont county municipal court"; | 2404 |
(18) The municipal court established in Wilmington that, | 2405 |
beginning July 1, 1992, shall be styled and known as the "Clinton | 2406 |
county municipal court"; | 2407 |
(19) The municipal court established in Port Clinton that | 2408 |
shall be styled and known as "the Ottawa county municipal court"; | 2409 |
(20) The municipal court established in Lancaster that, | 2410 |
beginning January 2, 2000, shall be styled and known as the | 2411 |
"Fairfield county municipal court"; | 2412 |
(21) The municipal court established within Columbiana county | 2413 |
in Lisbon or in any other municipal corporation or unincorporated | 2414 |
territory selected pursuant to division (I) of section 1901.021 of | 2415 |
the Revised Code, that shall be styled and known as the | 2416 |
"Columbiana county municipal court"; | 2417 |
(22) The municipal court established in Georgetown that, | 2418 |
beginning February 9, 2003, shall be styled and known as the | 2419 |
"Brown county municipal court"; | 2420 |
(23) The municipal court established in Mount Gilead that, | 2421 |
beginning January 1, 2003, shall be styled and known as the | 2422 |
"Morrow county municipal court"; | 2423 |
(24) The municipal court established in Greenville that, | 2424 |
beginning January 1, 2005, shall be styled and known as the "Darke | 2425 |
county municipal court"; | 2426 |
(25) The municipal court established in Millersburg that, | 2427 |
beginning January 1, 2007, shall be styled and known as the | 2428 |
"Holmes county municipal court | 2429 |
(26) The municipal court established in Carrollton that, | 2430 |
beginning January 1, 2007, shall be styled and known as the | 2431 |
"Carroll county municipal court"; | 2432 |
(27) The municipal court established within Erie county in | 2433 |
Milan or established in any other municipal corporation or | 2434 |
unincorporated territory that is within Erie county, is within the | 2435 |
territorial jurisdiction of that court, and is selected by the | 2436 |
legislative authority of that court that, beginning January 1, | 2437 |
2008, shall be styled and known as the "Erie county municipal | 2438 |
court." | 2439 |
(B) In addition to the jurisdiction set forth in division (A) | 2440 |
of this section, the municipal courts established by section | 2441 |
1901.01 of the Revised Code have jurisdiction as follows: | 2442 |
The Akron municipal court has jurisdiction within Bath, | 2443 |
2444 | |
municipal corporations of Fairlawn, Lakemore, and Mogadore, in | 2445 |
Summit county. | 2446 |
The Alliance municipal court has jurisdiction within | 2447 |
Lexington, Marlboro, Paris, and Washington townships in Stark | 2448 |
county. | 2449 |
The Ashland municipal court has jurisdiction within Ashland | 2450 |
county. | 2451 |
The Ashtabula municipal court has jurisdiction within | 2452 |
Ashtabula, Plymouth, and Saybrook townships in Ashtabula county. | 2453 |
The Athens county municipal court has jurisdiction within | 2454 |
Athens county. | 2455 |
The Auglaize county municipal court has jurisdiction within | 2456 |
Auglaize county. | 2457 |
The Avon Lake municipal court has jurisdiction within the | 2458 |
municipal corporations of Avon and Sheffield in Lorain county. | 2459 |
The Barberton municipal court has jurisdiction within | 2460 |
Coventry, Franklin, and Green townships, within all of Copley | 2461 |
township except within the municipal corporation of Fairlawn, and | 2462 |
within the municipal corporations of Clinton and Norton, in Summit | 2463 |
county. | 2464 |
The Bedford municipal court has jurisdiction within the | 2465 |
municipal corporations of Bedford Heights, Oakwood, Glenwillow, | 2466 |
Solon, Bentleyville, Chagrin Falls, Moreland Hills, Orange, | 2467 |
Warrensville Heights, North Randall, and Woodmere, and within | 2468 |
Warrensville and Chagrin Falls townships, in Cuyahoga county. | 2469 |
The Bellefontaine municipal court has jurisdiction within | 2470 |
Logan county. | 2471 |
The Bellevue municipal court has jurisdiction within Lyme and | 2472 |
Sherman townships in Huron county and within York township in | 2473 |
Sandusky county. | 2474 |
The Berea municipal court has jurisdiction within the | 2475 |
municipal corporations of Strongsville, Middleburgh Heights, Brook | 2476 |
Park, Westview, and Olmsted Falls, and within Olmsted township, in | 2477 |
Cuyahoga county. | 2478 |
The Bowling Green municipal court has jurisdiction within the | 2479 |
municipal corporations of Bairdstown, Bloomdale, Bradner, Custar, | 2480 |
Cygnet, Grand Rapids, Haskins, Hoytville, Jerry City, Milton | 2481 |
Center, North Baltimore, Pemberville, Portage, Rising Sun, | 2482 |
Tontogany, Wayne, and Weston, and within Bloom, Center, Freedom, | 2483 |
Grand Rapids, Henry, Jackson, Liberty, Middleton, Milton, | 2484 |
Montgomery, Plain, Portage, Washington, Webster, and Weston | 2485 |
townships in Wood county. | 2486 |
Beginning February 9, 2003, the Brown county municipal court | 2487 |
has jurisdiction within Brown county. | 2488 |
The Bryan municipal court has jurisdiction within Williams | 2489 |
county. | 2490 |
The Cambridge municipal court has jurisdiction within | 2491 |
Guernsey county. | 2492 |
The Campbell municipal court has jurisdiction within | 2493 |
Coitsville township in Mahoning county. | 2494 |
The Canton municipal court has jurisdiction within Canton, | 2495 |
Lake, Nimishillen, Osnaburg, Pike, Plain, and Sandy townships in | 2496 |
Stark county. | 2497 |
The Carroll county municipal court has jurisdiction within | 2498 |
Carroll county. | 2499 |
The Celina municipal court has jurisdiction within Mercer | 2500 |
county. | 2501 |
The Champaign county municipal court has jurisdiction within | 2502 |
Champaign county. | 2503 |
The Chardon municipal court has jurisdiction within Geauga | 2504 |
county. | 2505 |
The Chillicothe municipal court has jurisdiction within Ross | 2506 |
county. | 2507 |
The Circleville municipal court has jurisdiction within | 2508 |
Pickaway county. | 2509 |
The Clark county municipal court has jurisdiction within | 2510 |
Clark county. | 2511 |
The Clermont county municipal court has jurisdiction within | 2512 |
Clermont county. | 2513 |
The Cleveland municipal court has jurisdiction within the | 2514 |
municipal corporation of Bratenahl in Cuyahoga county. | 2515 |
Beginning July 1, 1992, the Clinton county municipal court | 2516 |
has jurisdiction within Clinton county. | 2517 |
The Columbiana county municipal court has jurisdiction within | 2518 |
all of Columbiana county except within the municipal corporation | 2519 |
of East Liverpool and except within Liverpool and St. Clair | 2520 |
townships. | 2521 |
The Coshocton municipal court has jurisdiction within | 2522 |
Coshocton county. | 2523 |
The Crawford county municipal court has jurisdiction within | 2524 |
Crawford county. | 2525 |
| 2526 |
court has jurisdiction within Boston, Hudson, Northfield Center, | 2527 |
Sagamore Hills, and Twinsburg townships, and within the municipal | 2528 |
corporations of Boston Heights, Hudson, Munroe Falls, Northfield, | 2529 |
Peninsula, Reminderville, Silver Lake, Stow, Tallmadge, Twinsburg, | 2530 |
and Macedonia, in Summit county. | 2531 |
Beginning January 1, 2005, the Darke county municipal court | 2532 |
has jurisdiction within Darke county except within the municipal | 2533 |
corporation of Bradford. | 2534 |
The Defiance municipal court has jurisdiction within Defiance | 2535 |
county. | 2536 |
The Delaware municipal court has jurisdiction within Delaware | 2537 |
county. | 2538 |
The East Liverpool municipal court has jurisdiction within | 2539 |
Liverpool and St. Clair townships in Columbiana county. | 2540 |
The Eaton municipal court has jurisdiction within Preble | 2541 |
county. | 2542 |
The Elyria municipal court has jurisdiction within the | 2543 |
municipal corporations of Grafton, LaGrange, and North Ridgeville, | 2544 |
and within Elyria, Carlisle, Eaton, Columbia, Grafton, and | 2545 |
LaGrange townships, in Lorain county. | 2546 |
Beginning January 1, 2008, the Erie county municipal court | 2547 |
has jurisdiction within Erie county except within the townships of | 2548 |
Florence, Huron, Perkins, and Vermilion and the municipal | 2549 |
corporations of Bay View, Castalia, Huron, Sandusky, and | 2550 |
Vermilion. | 2551 |
The Fairborn municipal court has jurisdiction within the | 2552 |
municipal corporation of Beavercreek and within Bath and | 2553 |
Beavercreek townships in Greene county. | 2554 |
Beginning January 2, 2000, the Fairfield county municipal | 2555 |
court has jurisdiction within Fairfield county. | 2556 |
The Findlay municipal court has jurisdiction within all of | 2557 |
Hancock county except within Washington township. | 2558 |
The Fostoria municipal court has jurisdiction within Loudon | 2559 |
and Jackson townships in Seneca county, within Washington township | 2560 |
in Hancock county, and within Perry township in Wood county. | 2561 |
The Franklin municipal court has jurisdiction within Franklin | 2562 |
township in Warren county. | 2563 |
The Franklin county municipal court has jurisdiction within | 2564 |
Franklin county. | 2565 |
The Fremont municipal court has jurisdiction within Ballville | 2566 |
and Sandusky townships in Sandusky county. | 2567 |
The Gallipolis municipal court has jurisdiction within Gallia | 2568 |
county. | 2569 |
The Garfield Heights municipal court has jurisdiction within | 2570 |
the municipal corporations of Maple Heights, Walton Hills, Valley | 2571 |
View, Cuyahoga Heights, Newburgh Heights, Independence, and | 2572 |
Brecksville in Cuyahoga county. | 2573 |
The Girard municipal court has jurisdiction within Liberty, | 2574 |
Vienna, and Hubbard townships in Trumbull county. | 2575 |
The Hamilton municipal court has jurisdiction within Ross and | 2576 |
St. Clair townships in Butler county. | 2577 |
The Hamilton county municipal court has jurisdiction within | 2578 |
Hamilton county. | 2579 |
The Hardin county municipal court has jurisdiction within | 2580 |
Hardin county. | 2581 |
The Hillsboro municipal court has jurisdiction within all of | 2582 |
Highland county except within Madison township. | 2583 |
The Hocking county municipal court has jurisdiction within | 2584 |
Hocking county. | 2585 |
The Holmes county municipal court has jurisdiction within | 2586 |
Holmes county. | 2587 |
The Huron municipal court has jurisdiction within all of | 2588 |
Huron township in Erie county except within the municipal | 2589 |
corporation of Sandusky. | 2590 |
The Ironton municipal court has jurisdiction within Aid, | 2591 |
Decatur, Elizabeth, Hamilton, Lawrence, Upper, and Washington | 2592 |
townships in Lawrence county. | 2593 |
The Jackson county municipal court has jurisdiction within | 2594 |
Jackson county. | 2595 |
The Kettering municipal court has jurisdiction within the | 2596 |
municipal corporations of Centerville and Moraine, and within | 2597 |
Washington township, in Montgomery county. | 2598 |
Until January 2, 2000, the Lancaster municipal court has | 2599 |
jurisdiction within Fairfield county. | 2600 |
The Lawrence county municipal court has jurisdiction within | 2601 |
the townships of Fayette, Mason, Perry, Rome, Symmes, Union, and | 2602 |
Windsor in Lawrence county. | 2603 |
The Lebanon municipal court has jurisdiction within | 2604 |
Turtlecreek township in Warren county. | 2605 |
The Licking county municipal court has jurisdiction within | 2606 |
Licking county. | 2607 |
The Lima municipal court has jurisdiction within Allen | 2608 |
county. | 2609 |
The Lorain municipal court has jurisdiction within the | 2610 |
municipal corporation of Sheffield Lake, and within Sheffield | 2611 |
township, in Lorain county. | 2612 |
The Lyndhurst municipal court has jurisdiction within the | 2613 |
municipal corporations of Mayfield Heights, Gates Mills, Mayfield, | 2614 |
Highland Heights, and Richmond Heights in Cuyahoga county. | 2615 |
The Madison county municipal court has jurisdiction within | 2616 |
Madison county. | 2617 |
The Mansfield municipal court has jurisdiction within | 2618 |
Madison, Springfield, Sandusky, Franklin, Weller, Mifflin, Troy, | 2619 |
Washington, Monroe, Perry, Jefferson, and Worthington townships, | 2620 |
and within sections 35-36-31 and 32 of Butler township, in | 2621 |
Richland county. | 2622 |
The Marietta municipal court has jurisdiction within | 2623 |
Washington county. | 2624 |
The Marion municipal court has jurisdiction within Marion | 2625 |
county. | 2626 |
The Marysville municipal court has jurisdiction within Union | 2627 |
county. | 2628 |
The Mason municipal court has jurisdiction within Deerfield | 2629 |
township in Warren county. | 2630 |
The Massillon municipal court has jurisdiction within | 2631 |
Bethlehem, Perry, Sugar Creek, Tuscarawas, Lawrence, and Jackson | 2632 |
townships in Stark county. | 2633 |
The Maumee municipal court has jurisdiction within the | 2634 |
municipal corporations of Waterville and Whitehouse, within | 2635 |
Waterville and Providence townships, and within those portions of | 2636 |
Springfield, Monclova, and Swanton townships lying south of the | 2637 |
northerly boundary line of the Ohio turnpike, in Lucas county. | 2638 |
The Medina municipal court has jurisdiction within the | 2639 |
municipal corporations of Briarwood Beach, Brunswick, | 2640 |
Chippewa-on-the-Lake, and Spencer and within the townships of | 2641 |
Brunswick Hills, Chatham, Granger, Hinckley, Lafayette, | 2642 |
Litchfield, Liverpool, Medina, Montville, Spencer, and York | 2643 |
townships, in Medina county. | 2644 |
The Mentor municipal court has jurisdiction within the | 2645 |
municipal corporation of Mentor-on-the-Lake in Lake county. | 2646 |
The Miami county municipal court has jurisdiction within | 2647 |
Miami county and within the part of the municipal corporation of | 2648 |
Bradford that is located in Darke county. | 2649 |
The Miamisburg municipal court has jurisdiction within the | 2650 |
municipal corporations of Germantown and West Carrollton, and | 2651 |
within German and Miami townships in Montgomery county. | 2652 |
The Middletown municipal court has jurisdiction within | 2653 |
Madison township, and within all of Lemon township, except within | 2654 |
the municipal corporation of Monroe, in Butler county. | 2655 |
Beginning January 1, 2003, the Morrow county municipal court | 2656 |
has jurisdiction within Morrow county. | 2657 |
The Mount Vernon municipal court has jurisdiction within Knox | 2658 |
county. | 2659 |
The Napoleon municipal court has jurisdiction within Henry | 2660 |
county. | 2661 |
The New Philadelphia municipal court has jurisdiction within | 2662 |
the municipal corporation of Dover, and within Auburn, Bucks, | 2663 |
Fairfield, Goshen, Jefferson, Warren, York, Dover, Franklin, | 2664 |
Lawrence, Sandy, Sugarcreek, and Wayne townships in Tuscarawas | 2665 |
county. | 2666 |
The Newton Falls municipal court has jurisdiction within | 2667 |
Bristol, Bloomfield, Lordstown, Newton, Braceville, Southington, | 2668 |
Farmington, and Mesopotamia townships in Trumbull county. | 2669 |
The Niles municipal court has jurisdiction within the | 2670 |
municipal corporation of McDonald, and within Weathersfield | 2671 |
township in Trumbull county. | 2672 |
The Norwalk municipal court has jurisdiction within all of | 2673 |
Huron county except within the municipal corporation of Bellevue | 2674 |
and except within Lyme and Sherman townships. | 2675 |
The Oberlin municipal court has jurisdiction within the | 2676 |
municipal corporations of Amherst, Kipton, Rochester, South | 2677 |
Amherst, and Wellington, and within Henrietta, Russia, Camden, | 2678 |
Pittsfield, Brighton, Wellington, Penfield, Rochester, and | 2679 |
Huntington townships, and within all of Amherst township except | 2680 |
within the municipal corporation of Lorain, in Lorain county. | 2681 |
The Oregon municipal court has jurisdiction within the | 2682 |
municipal corporation of Harbor View, and within Jerusalem | 2683 |
township, in Lucas county, and north within Maumee Bay and Lake | 2684 |
Erie to the boundary line between Ohio and Michigan between the | 2685 |
easterly boundary of the court and the easterly boundary of the | 2686 |
Toledo municipal court. | 2687 |
The Ottawa county municipal court has jurisdiction within | 2688 |
Ottawa county. | 2689 |
The Painesville municipal court has jurisdiction within | 2690 |
Painesville, Perry, Leroy, Concord, and Madison townships in Lake | 2691 |
county. | 2692 |
The Parma municipal court has jurisdiction within the | 2693 |
municipal corporations of Parma Heights, Brooklyn, Linndale, North | 2694 |
Royalton, Broadview Heights, Seven Hills, and Brooklyn Heights in | 2695 |
Cuyahoga county. | 2696 |
The Perrysburg municipal court has jurisdiction within the | 2697 |
municipal corporations of Luckey, Millbury, Northwood, Rossford, | 2698 |
and Walbridge, and within Perrysburg, Lake, and Troy townships, in | 2699 |
Wood county. | 2700 |
The Portage county municipal court has jurisdiction within | 2701 |
Portage county. | 2702 |
The Portsmouth municipal court has jurisdiction within Scioto | 2703 |
county. | 2704 |
The Rocky River municipal court has jurisdiction within the | 2705 |
municipal corporations of Bay Village, Westlake, Fairview Park, | 2706 |
and North Olmsted, and within Riveredge township, in Cuyahoga | 2707 |
county. | 2708 |
The Sandusky municipal court has jurisdiction within the | 2709 |
municipal corporations of Castalia and Bay View, and within | 2710 |
Perkins township, in Erie county. | 2711 |
The Shaker Heights municipal court has jurisdiction within | 2712 |
the municipal corporations of University Heights, Beachwood, | 2713 |
Pepper Pike, and Hunting Valley in Cuyahoga county. | 2714 |
The Shelby municipal court has jurisdiction within Sharon, | 2715 |
Jackson, Cass, Plymouth, and Blooming Grove townships, and within | 2716 |
all of Butler township except sections 35-36-31 and 32, in | 2717 |
Richland county. | 2718 |
The Sidney municipal court has jurisdiction within Shelby | 2719 |
county. | 2720 |
Beginning January 1, 2009, the Stow municipal court has | 2721 |
jurisdiction within Boston, Hudson, Northfield Center, Sagamore | 2722 |
Hills, and Twinsburg townships, and within the municipal | 2723 |
corporations of Boston Heights, Cuyahoga Falls, Hudson, Munroe | 2724 |
Falls, Northfield, Peninsula, Reminderville, Silver Lake, Stow, | 2725 |
Tallmadge, Twinsburg, and Macedonia, in Summit county. | 2726 |
The Struthers municipal court has jurisdiction within the | 2727 |
municipal corporations of Lowellville, New Middleton, and Poland, | 2728 |
and within Poland and Springfield townships in Mahoning county. | 2729 |
The Sylvania municipal court has jurisdiction within the | 2730 |
municipal corporations of Berkey and Holland, and within Sylvania, | 2731 |
Richfield, Spencer, and Harding townships, and within those | 2732 |
portions of Swanton, Monclova, and Springfield townships lying | 2733 |
north of the northerly boundary line of the Ohio turnpike, in | 2734 |
Lucas county. | 2735 |
The Tiffin municipal court has jurisdiction within Adams, Big | 2736 |
Spring, Bloom, Clinton, Eden, Hopewell, Liberty, Pleasant, Reed, | 2737 |
Scipio, Seneca, Thompson, and Venice townships in Seneca county. | 2738 |
The Toledo municipal court has jurisdiction within Washington | 2739 |
township, and within the municipal corporation of Ottawa Hills, in | 2740 |
Lucas county. | 2741 |
The Upper Sandusky municipal court has jurisdiction within | 2742 |
Wyandot county. | 2743 |
The Vandalia municipal court has jurisdiction within the | 2744 |
municipal corporations of Clayton, Englewood, and Union, and | 2745 |
within Butler, Harrison, and Randolph townships, in Montgomery | 2746 |
county. | 2747 |
The Van Wert municipal court has jurisdiction within Van Wert | 2748 |
county. | 2749 |
The Vermilion municipal court has jurisdiction within the | 2750 |
townships of Vermilion and Florence in Erie county and within all | 2751 |
of Brownhelm township except within the municipal corporation of | 2752 |
Lorain, in Lorain county. | 2753 |
The Wadsworth municipal court has jurisdiction within the | 2754 |
municipal corporations of Gloria Glens Park, Lodi, Seville, and | 2755 |
Westfield Center, and within Guilford, Harrisville, Homer, Sharon, | 2756 |
Wadsworth, and Westfield townships in Medina county. | 2757 |
The Warren municipal court has jurisdiction within Warren and | 2758 |
Champion townships, and within all of Howland township except | 2759 |
within the municipal corporation of Niles, in Trumbull county. | 2760 |
The Washington Court House municipal court has jurisdiction | 2761 |
within Fayette county. | 2762 |
The Wayne county municipal court has jurisdiction within | 2763 |
Wayne county. | 2764 |
The Willoughby municipal court has jurisdiction within the | 2765 |
municipal corporations of Eastlake, Wickliffe, Willowick, | 2766 |
Willoughby Hills, Kirtland, Kirtland Hills, Waite Hill, | 2767 |
Timberlake, and Lakeline, and within Kirtland township, in Lake | 2768 |
county. | 2769 |
Through June 30, 1992, the Wilmington municipal court has | 2770 |
jurisdiction within Clinton county. | 2771 |
The Xenia municipal court has jurisdiction within | 2772 |
Caesarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross, | 2773 |
Silvercreek, Spring Valley, Sugarcreek, and Xenia townships in | 2774 |
Greene county. | 2775 |
(C) As used in this section: | 2776 |
(1) "Within a township" includes all land, including, but not | 2777 |
limited to, any part of any municipal corporation, that is | 2778 |
physically located within the territorial boundaries of that | 2779 |
township, whether or not that land or municipal corporation is | 2780 |
governmentally a part of the township. | 2781 |
(2) "Within a municipal corporation" includes all land within | 2782 |
the territorial boundaries of the municipal corporation and any | 2783 |
townships that are coextensive with the municipal corporation. | 2784 |
Sec. 1901.03. As used in this chapter: | 2785 |
(A) "Territory" means the geographical areas within which | 2786 |
municipal courts have jurisdiction as provided in sections 1901.01 | 2787 |
and 1901.02 of the Revised Code. | 2788 |
(B) "Legislative authority" means the legislative authority | 2789 |
of the municipal corporation in which a municipal court, other | 2790 |
than a county-operated municipal court, is located, and means the | 2791 |
respective board of county commissioners of the county in which a | 2792 |
county-operated municipal court is located. | 2793 |
(C) "Chief executive" means the chief executive of the | 2794 |
municipal corporation in which a municipal court, other than a | 2795 |
county-operated municipal court, is located, and means the | 2796 |
respective chairman of the board of county commissioners of the | 2797 |
county in which a county-operated municipal court is located. | 2798 |
(D) "City treasury" means the treasury of the municipal | 2799 |
corporation in which a municipal court, other than a | 2800 |
county-operated municipal court, is located. | 2801 |
(E) "City treasurer" means the treasurer of the municipal | 2802 |
corporation in which a municipal court, other than a | 2803 |
county-operated municipal court, is located. | 2804 |
(F) "County-operated municipal court" means the Auglaize | 2805 |
county, Brown county, Carroll county, Clermont county, Columbiana | 2806 |
county, Crawford county, Darke county, Hamilton county, Hocking | 2807 |
county, Holmes county, Jackson county, Lawrence county, Madison | 2808 |
county, Miami county, Morrow county, Ottawa county, Portage | 2809 |
county, or Wayne county municipal court and, effective January 1, | 2810 |
2008, also includes the Erie county municipal court. | 2811 |
(G) "A municipal corporation in which a municipal court is | 2812 |
located" includes each municipal corporation named in section | 2813 |
1901.01 of the Revised Code, but does not include one in which a | 2814 |
judge sits pursuant to section 1901.021 of the Revised Code. | 2815 |
Sec. 1901.08. The number of, and the time for election of, | 2816 |
judges of the following municipal courts and the beginning of | 2817 |
their terms shall be as follows: | 2818 |
In the Akron municipal court, two full-time judges shall be | 2819 |
elected in 1951, two full-time judges shall be elected in 1953, | 2820 |
one full-time judge shall be elected in 1967, and one full-time | 2821 |
judge shall be elected in 1975. | 2822 |
In the Alliance municipal court, one full-time judge shall be | 2823 |
elected in 1953. | 2824 |
In the Ashland municipal court, one full-time judge shall be | 2825 |
elected in 1951. | 2826 |
In the Ashtabula municipal court, one full-time judge shall | 2827 |
be elected in 1953. | 2828 |
In the Athens county municipal court, one full-time judge | 2829 |
shall be elected in 1967. | 2830 |
In the Auglaize county municipal court, one full-time judge | 2831 |
shall be elected in 1975. | 2832 |
In the Avon Lake municipal court, one part-time judge shall | 2833 |
be elected in 1957. | 2834 |
In the Barberton municipal court, one full-time judge shall | 2835 |
be elected in 1969, and one full-time judge shall be elected in | 2836 |
1971. | 2837 |
In the Bedford municipal court, one full-time judge shall be | 2838 |
elected in 1975, and one full-time judge shall be elected in 1979. | 2839 |
In the Bellefontaine municipal court, one full-time judge | 2840 |
shall be elected in 1993. | 2841 |
In the Bellevue municipal court, one part-time judge shall be | 2842 |
elected in 1951. | 2843 |
In the Berea municipal court, one full-time judge shall be | 2844 |
elected in 2005. | 2845 |
In the Bowling Green municipal court, one full-time judge | 2846 |
shall be elected in 1983. | 2847 |
In the Brown county municipal court, one full-time judge | 2848 |
shall be elected in 2005. Beginning February 9, 2003, the | 2849 |
part-time judge of the Brown county county court that existed | 2850 |
prior to that date whose term commenced on January 2, 2001, shall | 2851 |
serve as the full-time judge of the Brown county municipal court | 2852 |
until December 31, 2005. | 2853 |
In the Bryan municipal court, one full-time judge shall be | 2854 |
elected in 1965. | 2855 |
In the Cambridge municipal court, one full-time judge shall | 2856 |
be elected in 1951. | 2857 |
In the Campbell municipal court, one part-time judge shall be | 2858 |
elected in 1963. | 2859 |
In the Canton municipal court, one full-time judge shall be | 2860 |
elected in 1951, one full-time judge shall be elected in 1969, and | 2861 |
two full-time judges shall be elected in 1977. | 2862 |
In the Carroll county municipal court, one full-time judge | 2863 |
shall be elected in 2009. Beginning January 1, 2007, the judge | 2864 |
elected in 2006 to the part-time judgeship of the Carroll county | 2865 |
county court that existed prior to that date shall serve as the | 2866 |
full-time judge of the Carroll county municipal court until | 2867 |
December 31, 2009. | 2868 |
In the Celina municipal court, one full-time judge shall be | 2869 |
elected in 1957. | 2870 |
In the Champaign county municipal court, one full-time judge | 2871 |
shall be elected in 2001. | 2872 |
In the Chardon municipal court, one part-time judge shall be | 2873 |
elected in 1963. | 2874 |
In the Chillicothe municipal court, one full-time judge shall | 2875 |
be elected in 1951, and one full-time judge shall be elected in | 2876 |
1977. | 2877 |
In the Circleville municipal court, one full-time judge shall | 2878 |
be elected in 1953. | 2879 |
In the Clark county municipal court, one full-time judge | 2880 |
shall be elected in 1989, and two full-time judges shall be | 2881 |
elected in 1991. The full-time judges of the Springfield municipal | 2882 |
court who were elected in 1983 and 1985 shall serve as the judges | 2883 |
of the Clark county municipal court from January 1, 1988, until | 2884 |
the end of their respective terms. | 2885 |
In the Clermont county municipal court, two full-time judges | 2886 |
shall be elected in 1991, and one full-time judge shall be elected | 2887 |
in 1999. | 2888 |
In the Cleveland municipal court, six full-time judges shall | 2889 |
be elected in 1975, three full-time judges shall be elected in | 2890 |
1953, and four full-time judges shall be elected in 1955. | 2891 |
In the Cleveland Heights municipal court, one full-time judge | 2892 |
shall be elected in 1957. | 2893 |
In the Clinton county municipal court, one full-time judge | 2894 |
shall be elected in 1997. The full-time judge of the Wilmington | 2895 |
municipal court who was elected in 1991 shall serve as the judge | 2896 |
of the Clinton county municipal court from July 1, 1992, until the | 2897 |
end of that judge's term on December 31, 1997. | 2898 |
In the Columbiana county municipal court, two full-time | 2899 |
judges shall be elected in 2001. | 2900 |
In the Conneaut municipal court, one full-time judge shall be | 2901 |
elected in 1953. | 2902 |
In the Coshocton municipal court, one full-time judge shall | 2903 |
be elected in 1951. | 2904 |
In the Crawford county municipal court, one full-time judge | 2905 |
shall be elected in 1977. | 2906 |
In the Cuyahoga Falls municipal court, one full-time judge | 2907 |
shall be elected in 1953, and one full-time judge shall be elected | 2908 |
in 1967. Effective December 31, 2008, the Cuyahoga Falls municipal | 2909 |
court shall cease to exist; however, the judges of the Cuyahoga | 2910 |
Falls municipal court who were elected pursuant to this section in | 2911 |
2003 and 2007 for terms beginning on January 1, 2004, and January | 2912 |
1, 2008, respectively, shall serve as full-time judges of the Stow | 2913 |
municipal court until December 31, 2009, and December 31, 2013, | 2914 |
respectively. | 2915 |
In the Darke county municipal court, one full-time judge | 2916 |
shall be elected in 2005. Beginning January 1, 2005, the part-time | 2917 |
judge of the Darke county county court that existed prior to that | 2918 |
date whose term began on January 1, 2001, shall serve as the | 2919 |
full-time judge of the Darke county municipal court until December | 2920 |
31, 2005. | 2921 |
In the Dayton municipal court, three full-time judges shall | 2922 |
be elected in 1987, their terms to commence on successive days | 2923 |
beginning on the first day of January next after their election, | 2924 |
and two full-time judges shall be elected in 1955, their terms to | 2925 |
commence on successive days beginning on the second day of January | 2926 |
next after their election. | 2927 |
In the Defiance municipal court, one full-time judge shall be | 2928 |
elected in 1957. | 2929 |
In the Delaware municipal court, one full-time judge shall be | 2930 |
elected in 1953, and one full-time judge shall be elected in 2007. | 2931 |
In the East Cleveland municipal court, one full-time judge | 2932 |
shall be elected in 1957. | 2933 |
In the East Liverpool municipal court, one full-time judge | 2934 |
shall be elected in 1953. | 2935 |
In the Eaton municipal court, one full-time judge shall be | 2936 |
elected in 1973. | 2937 |
In the Elyria municipal court, one full-time judge shall be | 2938 |
elected in 1955, and one full-time judge shall be elected in 1973. | 2939 |
In the Erie county municipal court, one full-time judge shall | 2940 |
be elected in 2007. | 2941 |
In the Euclid municipal court, one full-time judge shall be | 2942 |
elected in 1951. | 2943 |
In the Fairborn municipal court, one full-time judge shall be | 2944 |
elected in 1977. | 2945 |
In the Fairfield county municipal court, one full-time judge | 2946 |
shall be elected in 2003, and one full-time judge shall be elected | 2947 |
in 2005. | 2948 |
In the Fairfield municipal court, one full-time judge shall | 2949 |
be elected in 1989. | 2950 |
In the Findlay municipal court, one full-time judge shall be | 2951 |
elected in 1955, and one full-time judge shall be elected in 1993. | 2952 |
In the Fostoria municipal court, one full-time judge shall be | 2953 |
elected in 1975. | 2954 |
In the Franklin municipal court, one part-time judge shall be | 2955 |
elected in 1951. | 2956 |
In the Franklin county municipal court, two full-time judges | 2957 |
shall be elected in 1969, three full-time judges shall be elected | 2958 |
in 1971, seven full-time judges shall be elected in 1967, one | 2959 |
full-time judge shall be elected in 1975, one full-time judge | 2960 |
shall be elected in 1991, and one full-time judge shall be elected | 2961 |
in 1997. | 2962 |
In the Fremont municipal court, one full-time judge shall be | 2963 |
elected in 1975. | 2964 |
In the Gallipolis municipal court, one full-time judge shall | 2965 |
be elected in 1981. | 2966 |
In the Garfield Heights municipal court, one full-time judge | 2967 |
shall be elected in 1951, and one full-time judge shall be elected | 2968 |
in 1981. | 2969 |
In the Girard municipal court, one full-time judge shall be | 2970 |
elected in 1963. | 2971 |
In the Hamilton municipal court, one full-time judge shall be | 2972 |
elected in 1953. | 2973 |
In the Hamilton county municipal court, five full-time judges | 2974 |
shall be elected in 1967, five full-time judges shall be elected | 2975 |
in 1971, two full-time judges shall be elected in 1981, and two | 2976 |
full-time judges shall be elected in 1983. All terms of judges of | 2977 |
the Hamilton county municipal court shall commence on the first | 2978 |
day of January next after their election, except that the terms of | 2979 |
the additional judges to be elected in 1981 shall commence on | 2980 |
January 2, 1982, and January 3, 1982, and that the terms of the | 2981 |
additional judges to be elected in 1983 shall commence on January | 2982 |
4, 1984, and January 5, 1984. | 2983 |
In the Hardin county municipal court, one part-time judge | 2984 |
shall be elected in 1989. | 2985 |
In the Hillsboro municipal court, one part-time judge shall | 2986 |
be elected in 1957. | 2987 |
In the Hocking county municipal court, one full-time judge | 2988 |
shall be elected in 1977. | 2989 |
In the Holmes county municipal court, one full-time judge | 2990 |
shall be elected in 2007. Beginning January 1, 2007, the part-time | 2991 |
judge of the Holmes county county court that existed prior to that | 2992 |
date whose term commenced on January 1, 2007, shall serve as the | 2993 |
full-time judge of the Holmes county municipal court until | 2994 |
December 31, 2007. | 2995 |
In the Huron municipal court, one part-time judge shall be | 2996 |
elected in 1967. | 2997 |
In the Ironton municipal court, one full-time judge shall be | 2998 |
elected in 1951. | 2999 |
In the Jackson county municipal court, one full-time judge | 3000 |
shall be elected in 2001. On and after March 31, 1997, the | 3001 |
part-time judge of the Jackson county municipal court who was | 3002 |
elected in 1995 shall serve as a full-time judge of the court | 3003 |
until the end of that judge's term on December 31, 2001. | 3004 |
In the Kettering municipal court, one full-time judge shall | 3005 |
be elected in 1971, and one full-time judge shall be elected in | 3006 |
1975. | 3007 |
In the Lakewood municipal court, one full-time judge shall be | 3008 |
elected in 1955. | 3009 |
In the Lancaster municipal court, one full-time judge shall | 3010 |
be elected in 1951, and one full-time judge shall be elected in | 3011 |
1979. Beginning January 2, 2000, the full-time judges of the | 3012 |
Lancaster municipal court who were elected in 1997 and 1999 shall | 3013 |
serve as judges of the Fairfield county municipal court until the | 3014 |
end of those judges' terms. | 3015 |
In the Lawrence county municipal court, one part-time judge | 3016 |
shall be elected in 1981. | 3017 |
In the Lebanon municipal court, one part-time judge shall be | 3018 |
elected in 1955. | 3019 |
In the Licking county municipal court, one full-time judge | 3020 |
shall be elected in 1951, and one full-time judge shall be elected | 3021 |
in 1971. | 3022 |
In the Lima municipal court, one full-time judge shall be | 3023 |
elected in 1951, and one full-time judge shall be elected in 1967. | 3024 |
In the Lorain municipal court, one full-time judge shall be | 3025 |
elected in 1953, and one full-time judge shall be elected in 1973. | 3026 |
In the Lyndhurst municipal court, one part-time judge shall | 3027 |
be elected in 1957. | 3028 |
In the Madison county municipal court, one full-time judge | 3029 |
shall be elected in 1981. | 3030 |
In the Mansfield municipal court, one full-time judge shall | 3031 |
be elected in 1951, and one full-time judge shall be elected in | 3032 |
1969. | 3033 |
In the Marietta municipal court, one full-time judge shall be | 3034 |
elected in 1957. | 3035 |
In the Marion municipal court, one full-time judge shall be | 3036 |
elected in 1951. | 3037 |
In the Marysville municipal court, one full-time judge shall | 3038 |
be elected in 2011. On and after | 3039 |
3040 | |
municipal court who was elected in 2005 shall serve as a full-time | 3041 |
judge of the court until the end of that judge's term on December | 3042 |
31, 2011. | 3043 |
In the Mason municipal court, one part-time judge shall be | 3044 |
elected in 1965. | 3045 |
In the Massillon municipal court, one full-time judge shall | 3046 |
be elected in 1953, and one full-time judge shall be elected in | 3047 |
1971. | 3048 |
In the Maumee municipal court, one full-time judge shall be | 3049 |
elected in 1963. | 3050 |
In the Medina municipal court, one full-time judge shall be | 3051 |
elected in 1957. | 3052 |
In the Mentor municipal court, one full-time judge shall be | 3053 |
elected in 1971. | 3054 |
In the Miami county municipal court, one full-time judge | 3055 |
shall be elected in 1975, and one full-time judge shall be elected | 3056 |
in 1979. | 3057 |
In the Miamisburg municipal court, one part-time judge shall | 3058 |
be elected in 1951. | 3059 |
In the Middletown municipal court, one full-time judge shall | 3060 |
be elected in 1953. | 3061 |
In the Morrow county municipal court, one full-time judge | 3062 |
shall be elected in 2005. Beginning January 1, 2003, the part-time | 3063 |
judge of the Morrow county county court that existed prior to that | 3064 |
date shall serve as the full-time judge of the Morrow county | 3065 |
municipal court until December 31, 2005. | 3066 |
In the Mount Vernon municipal court, one full-time judge | 3067 |
shall be elected in 1951. | 3068 |
In the Napoleon municipal court, one full-time judge shall be | 3069 |
elected in 2005. | 3070 |
In the New Philadelphia municipal court, one full-time judge | 3071 |
shall be elected in 1975. | 3072 |
In the Newton Falls municipal court, one full-time judge | 3073 |
shall be elected in 1963. | 3074 |
In the Niles municipal court, one full-time judge shall be | 3075 |
elected in 1951. | 3076 |
In the Norwalk municipal court, one full-time judge shall be | 3077 |
elected in 1975. | 3078 |
In the Oakwood municipal court, one part-time judge shall be | 3079 |
elected in 1953. | 3080 |
In the Oberlin municipal court, one full-time judge shall be | 3081 |
elected in 1989. | 3082 |
In the Oregon municipal court, one full-time judge shall be | 3083 |
elected in 1963. | 3084 |
In the Ottawa county municipal court, one full-time judge | 3085 |
shall be elected in 1995, and the full-time judge of the Port | 3086 |
Clinton municipal court who is elected in 1989 shall serve as the | 3087 |
judge of the Ottawa county municipal court from February 4, 1994, | 3088 |
until the end of that judge's term. | 3089 |
In the Painesville municipal court, one full-time judge shall | 3090 |
be elected in 1951. | 3091 |
In the Parma municipal court, one full-time judge shall be | 3092 |
elected in 1951, one full-time judge shall be elected in 1967, and | 3093 |
one full-time judge shall be elected in 1971. | 3094 |
In the Perrysburg municipal court, one full-time judge shall | 3095 |
be elected in 1977. | 3096 |
In the Portage county municipal court, two full-time judges | 3097 |
shall be elected in 1979, and one full-time judge shall be elected | 3098 |
in 1971. | 3099 |
In the Port Clinton municipal court, one full-time judge | 3100 |
shall be elected in 1953. The full-time judge of the Port Clinton | 3101 |
municipal court who is elected in 1989 shall serve as the judge of | 3102 |
the Ottawa county municipal court from February 4, 1994, until the | 3103 |
end of that judge's term. | 3104 |
In the Portsmouth municipal court, one full-time judge shall | 3105 |
be elected in 1951, and one full-time judge shall be elected in | 3106 |
1985. | 3107 |
In the Rocky River municipal court, one full-time judge shall | 3108 |
be elected in 1957, and one full-time judge shall be elected in | 3109 |
1971. | 3110 |
In the Sandusky municipal court, one full-time judge shall be | 3111 |
elected in 1953. | 3112 |
In the Shaker Heights municipal court, one full-time judge | 3113 |
shall be elected in 1957. | 3114 |
In the Shelby municipal court, one part-time judge shall be | 3115 |
elected in 1957. | 3116 |
In the Sidney municipal court, one full-time judge shall be | 3117 |
elected in 1995. | 3118 |
In the South Euclid municipal court, one full-time judge | 3119 |
shall be elected in 1999. The part-time judge elected in 1993, | 3120 |
whose term commenced on January 1, 1994, shall serve until | 3121 |
December 31, 1999, and the office of that judge is abolished on | 3122 |
January 1, 2000. | 3123 |
In the Springfield municipal court, two full-time judges | 3124 |
shall be elected in 1985, and one full-time judge shall be elected | 3125 |
in 1983, all of whom shall serve as the judges of the Springfield | 3126 |
municipal court through December 31, 1987, and as the judges of | 3127 |
the Clark county municipal court from January 1, 1988, until the | 3128 |
end of their respective terms. | 3129 |
In the Steubenville municipal court, one full-time judge | 3130 |
shall be elected in 1953. | 3131 |
In the Stow municipal court, one full-time judge shall be | 3132 |
elected in 2009, and one full-time judge shall be elected in 2013. | 3133 |
Beginning January 1, 2009, the judge of the Cuyahoga Falls | 3134 |
municipal court that existed prior to that date whose term | 3135 |
commenced on January 1, 2008, shall serve as a full-time judge of | 3136 |
the Stow municipal court until December 31, 2013. Beginning | 3137 |
January 1, 2009, the judge of the Cuyahoga Falls municipal court | 3138 |
that existed prior to that date whose term commenced on January 1, | 3139 |
2004, shall serve as a full-time judge of the Stow municipal court | 3140 |
until December 31, 2009. | 3141 |
In the Struthers municipal court, one part-time judge shall | 3142 |
be elected in 1963. | 3143 |
In the Sylvania municipal court, one full-time judge shall be | 3144 |
elected in 1963. | 3145 |
In the Tiffin municipal court, one full-time judge shall be | 3146 |
elected in 1953. | 3147 |
In the Toledo municipal court, two full-time judges shall be | 3148 |
elected in 1971, four full-time judges shall be elected in 1975, | 3149 |
and one full-time judge shall be elected in 1973. | 3150 |
In the Upper Sandusky municipal court, one part-time judge | 3151 |
shall be elected in 1957. | 3152 |
In the Vandalia municipal court, one full-time judge shall be | 3153 |
elected in 1959. | 3154 |
In the Van Wert municipal court, one full-time judge shall be | 3155 |
elected in 1957. | 3156 |
In the Vermilion municipal court, one part-time judge shall | 3157 |
be elected in 1965. | 3158 |
In the Wadsworth municipal court, one full-time judge shall | 3159 |
be elected in 1981. | 3160 |
In the Warren municipal court, one full-time judge shall be | 3161 |
elected in 1951, and one full-time judge shall be elected in 1971. | 3162 |
In the Washington Court House municipal court, one full-time | 3163 |
judge shall be elected in 1999. The part-time judge elected in | 3164 |
1993, whose term commenced on January 1, 1994, shall serve until | 3165 |
December 31, 1999, and the office of that judge is abolished on | 3166 |
January 1, 2000. | 3167 |
In the Wayne county municipal court, one full-time judge | 3168 |
shall be elected in 1975, and one full-time judge shall be elected | 3169 |
in 1979. | 3170 |
In the Willoughby municipal court, one full-time judge shall | 3171 |
be elected in 1951. | 3172 |
In the Wilmington municipal court, one full-time judge shall | 3173 |
be elected in 1991, who shall serve as the judge of the Wilmington | 3174 |
municipal court through June 30, 1992, and as the judge of the | 3175 |
Clinton county municipal court from July 1, 1992, until the end of | 3176 |
that judge's term on December 31, 1997. | 3177 |
In the Xenia municipal court, one full-time judge shall be | 3178 |
elected in 1977. | 3179 |
In the Youngstown municipal court, one full-time judge shall | 3180 |
be elected in 1951, and two full-time judges shall be elected in | 3181 |
1953. | 3182 |
In the Zanesville municipal court, one full-time judge shall | 3183 |
be elected in 1953. | 3184 |
Sec. 1901.31. The clerk and deputy clerks of a municipal | 3185 |
court shall be selected, be compensated, give bond, and have | 3186 |
powers and duties as follows: | 3187 |
(A) There shall be a clerk of the court who is appointed or | 3188 |
elected as follows: | 3189 |
(1)(a) Except in the Akron, Barberton, | 3190 |
Toledo, Hamilton county, Portage county, and Wayne county | 3191 |
municipal courts and through December 31, 2008, the Cuyahoga Falls | 3192 |
municipal court, if the population of the territory equals or | 3193 |
exceeds one hundred thousand at the regular municipal election | 3194 |
immediately preceding the expiration of the term of the present | 3195 |
clerk, the clerk shall be nominated and elected by the qualified | 3196 |
electors of the territory in the manner that is provided for the | 3197 |
nomination and election of judges in section 1901.07 of the | 3198 |
Revised Code. | 3199 |
The clerk so elected shall hold office for a term of six | 3200 |
years, which term shall commence on the first day of January | 3201 |
following the clerk's election and continue until the clerk's | 3202 |
successor is elected and qualified. | 3203 |
(b) In the Hamilton county municipal court, the clerk of | 3204 |
courts of Hamilton county shall be the clerk of the municipal | 3205 |
court and may appoint an assistant clerk who shall receive the | 3206 |
compensation, payable out of the treasury of Hamilton county in | 3207 |
semimonthly installments, that the board of county commissioners | 3208 |
prescribes. The clerk of courts of Hamilton county, acting as the | 3209 |
clerk of the Hamilton county municipal court and assuming the | 3210 |
duties of that office, shall receive compensation at one-fourth | 3211 |
the rate that is prescribed for the clerks of courts of common | 3212 |
pleas as determined in accordance with the population of the | 3213 |
county and the rates set forth in sections 325.08 and 325.18 of | 3214 |
the Revised Code. This compensation shall be paid from the county | 3215 |
treasury in semimonthly installments and is in addition to the | 3216 |
annual compensation that is received for the performance of the | 3217 |
duties of the clerk of courts of Hamilton county, as provided in | 3218 |
sections 325.08 and 325.18 of the Revised Code. | 3219 |
(c) In the Portage county and Wayne county municipal courts, | 3220 |
the clerks of courts of Portage county and Wayne county shall be | 3221 |
the clerks, respectively, of the Portage county and Wayne county | 3222 |
municipal courts and may appoint a chief deputy clerk for each | 3223 |
branch that is established pursuant to section 1901.311 of the | 3224 |
Revised Code and assistant clerks as the judges of the municipal | 3225 |
court determine are necessary, all of whom shall receive the | 3226 |
compensation that the legislative authority prescribes. The clerks | 3227 |
of courts of Portage county and Wayne county, acting as the clerks | 3228 |
of the Portage county and Wayne county municipal courts and | 3229 |
assuming the duties of these offices, shall receive compensation | 3230 |
payable from the county treasury in semimonthly installments at | 3231 |
one-fourth the rate that is prescribed for the clerks of courts of | 3232 |
common pleas as determined in accordance with the population of | 3233 |
the county and the rates set forth in sections 325.08 and 325.18 | 3234 |
of the Revised Code. | 3235 |
(d) Except as otherwise provided in division (A)(1)(d) of | 3236 |
this section, in the Akron municipal court, candidates for | 3237 |
election to the office of clerk of the court shall be nominated by | 3238 |
primary election. The primary election shall be held on the day | 3239 |
specified in the charter of the city of Akron for the nomination | 3240 |
of municipal officers. Notwithstanding any contrary provision of | 3241 |
section 3513.05 or 3513.257 of the Revised Code, the declarations | 3242 |
of candidacy and petitions of partisan candidates and the | 3243 |
nominating petitions of independent candidates for the office of | 3244 |
clerk of the Akron municipal court shall be signed by at least | 3245 |
fifty qualified electors of the territory of the court. | 3246 |
The candidates shall file a declaration of candidacy and | 3247 |
petition, or a nominating petition, whichever is applicable, not | 3248 |
later than four p.m. of the seventy-fifth day before the day of | 3249 |
the primary election, in the form prescribed by section 3513.07 or | 3250 |
3513.261 of the Revised Code. The declaration of candidacy and | 3251 |
petition, or the nominating petition, shall conform to the | 3252 |
applicable requirements of section 3513.05 or 3513.257 of the | 3253 |
Revised Code. | 3254 |
If no valid declaration of candidacy and petition is filed by | 3255 |
any person for nomination as a candidate of a particular political | 3256 |
party for election to the office of clerk of the Akron municipal | 3257 |
court, a primary election shall not be held for the purpose of | 3258 |
nominating a candidate of that party for election to that office. | 3259 |
If only one person files a valid declaration of candidacy and | 3260 |
petition for nomination as a candidate of a particular political | 3261 |
party for election to that office, a primary election shall not be | 3262 |
held for the purpose of nominating a candidate of that party for | 3263 |
election to that office, and the candidate shall be issued a | 3264 |
certificate of nomination in the manner set forth in section | 3265 |
3513.02 of the Revised Code. | 3266 |
Declarations of candidacy and petitions, nominating | 3267 |
petitions, and certificates of nomination for the office of clerk | 3268 |
of the Akron municipal court shall contain a designation of the | 3269 |
term for which the candidate seeks election. At the following | 3270 |
regular municipal election, all candidates for the office shall be | 3271 |
submitted to the qualified electors of the territory of the court | 3272 |
in the manner that is provided in section 1901.07 of the Revised | 3273 |
Code for the election of the judges of the court. The clerk so | 3274 |
elected shall hold office for a term of six years, which term | 3275 |
shall commence on the first day of January following the clerk's | 3276 |
election and continue until the clerk's successor is elected and | 3277 |
qualified. | 3278 |
(e) Except as otherwise provided in division (A)(1)(e) of | 3279 |
this section, in the Barberton municipal court, candidates for | 3280 |
election to the office of clerk of the court shall be nominated by | 3281 |
primary election. The primary election shall be held on the day | 3282 |
specified in the charter of the city of Barberton for the | 3283 |
nomination of municipal officers. Notwithstanding any contrary | 3284 |
provision of section 3513.05 or 3513.257 of the Revised Code, the | 3285 |
declarations of candidacy and petitions of partisan candidates and | 3286 |
the nominating petitions of independent candidates for the office | 3287 |
of clerk of the Barberton municipal court shall be signed by at | 3288 |
least fifty qualified electors of the territory of the court. | 3289 |
The candidates shall file a declaration of candidacy and | 3290 |
petition, or a nominating petition, whichever is applicable, not | 3291 |
later than four p.m. of the seventy-fifth day before the day of | 3292 |
the primary election, in the form prescribed by section 3513.07 or | 3293 |
3513.261 of the Revised Code. The declaration of candidacy and | 3294 |
petition, or the nominating petition, shall conform to the | 3295 |
applicable requirements of section 3513.05 or 3513.257 of the | 3296 |
Revised Code. | 3297 |
If no valid declaration of candidacy and petition is filed by | 3298 |
any person for nomination as a candidate of a particular political | 3299 |
party for election to the office of clerk of the Barberton | 3300 |
municipal court, a primary election shall not be held for the | 3301 |
purpose of nominating a candidate of that party for election to | 3302 |
that office. If only one person files a valid declaration of | 3303 |
candidacy and petition for nomination as a candidate of a | 3304 |
particular political party for election to that office, a primary | 3305 |
election shall not be held for the purpose of nominating a | 3306 |
candidate of that party for election to that office, and the | 3307 |
candidate shall be issued a certificate of nomination in the | 3308 |
manner set forth in section 3513.02 of the Revised Code. | 3309 |
Declarations of candidacy and petitions, nominating | 3310 |
petitions, and certificates of nomination for the office of clerk | 3311 |
of the Barberton municipal court shall contain a designation of | 3312 |
the term for which the candidate seeks election. At the following | 3313 |
regular municipal election, all candidates for the office shall be | 3314 |
submitted to the qualified electors of the territory of the court | 3315 |
in the manner that is provided in section 1901.07 of the Revised | 3316 |
Code for the election of the judges of the court. The clerk so | 3317 |
elected shall hold office for a term of six years, which term | 3318 |
shall commence on the first day of January following the clerk's | 3319 |
election and continue until the clerk's successor is elected and | 3320 |
qualified. | 3321 |
(f) | 3322 |
provided in division (A)(1)(f)(i) of this section, in the Cuyahoga | 3323 |
Falls municipal court, candidates for election to the office of | 3324 |
clerk of the court shall be nominated by primary election. The | 3325 |
primary election shall be held on the day specified in the charter | 3326 |
of the city of Cuyahoga Falls for the nomination of municipal | 3327 |
officers. Notwithstanding any contrary provision of section | 3328 |
3513.05 or 3513.257 of the Revised Code, the declarations of | 3329 |
candidacy and petitions of partisan candidates and the nominating | 3330 |
petitions of independent candidates for the office of clerk of the | 3331 |
Cuyahoga Falls municipal court shall be signed by at least fifty | 3332 |
qualified electors of the territory of the court. | 3333 |
The candidates shall file a declaration of candidacy and | 3334 |
petition, or a nominating petition, whichever is applicable, not | 3335 |
later than four p.m. of the seventy-fifth day before the day of | 3336 |
the primary election, in the form prescribed by section 3513.07 or | 3337 |
3513.261 of the Revised Code. The declaration of candidacy and | 3338 |
petition, or the nominating petition, shall conform to the | 3339 |
applicable requirements of section 3513.05 or 3513.257 of the | 3340 |
Revised Code. | 3341 |
If no valid declaration of candidacy and petition is filed by | 3342 |
any person for nomination as a candidate of a particular political | 3343 |
party for election to the office of clerk of the Cuyahoga Falls | 3344 |
municipal court, a primary election shall not be held for the | 3345 |
purpose of nominating a candidate of that party for election to | 3346 |
that office. If only one person files a valid declaration of | 3347 |
candidacy and petition for nomination as a candidate of a | 3348 |
particular political party for election to that office, a primary | 3349 |
election shall not be held for the purpose of nominating a | 3350 |
candidate of that party for election to that office, and the | 3351 |
candidate shall be issued a certificate of nomination in the | 3352 |
manner set forth in section 3513.02 of the Revised Code. | 3353 |
Declarations of candidacy and petitions, nominating | 3354 |
petitions, and certificates of nomination for the office of clerk | 3355 |
of the Cuyahoga Falls municipal court shall contain a designation | 3356 |
of the term for which the candidate seeks election. At the | 3357 |
following regular municipal election, all candidates for the | 3358 |
office shall be submitted to the qualified electors of the | 3359 |
territory of the court in the manner that is provided in section | 3360 |
1901.07 of the Revised Code for the election of the judges of the | 3361 |
court. The clerk so elected shall hold office for a term of six | 3362 |
years, which term shall commence on the first day of January | 3363 |
following the clerk's election and continue until the clerk's | 3364 |
successor is elected and qualified. | 3365 |
(ii) Division (A)(1)(f)(i) of this section shall have no | 3366 |
effect after December 31, 2008. | 3367 |
(g) Except as otherwise provided in division (A)(1)(g) of | 3368 |
this section, in the Toledo municipal court, candidates for | 3369 |
election to the office of clerk of the court shall be nominated by | 3370 |
primary election. The primary election shall be held on the day | 3371 |
specified in the charter of the city of Toledo for the nomination | 3372 |
of municipal officers. Notwithstanding any contrary provision of | 3373 |
section 3513.05 or 3513.257 of the Revised Code, the declarations | 3374 |
of candidacy and petitions of partisan candidates and the | 3375 |
nominating petitions of independent candidates for the office of | 3376 |
clerk of the Toledo municipal court shall be signed by at least | 3377 |
fifty qualified electors of the territory of the court. | 3378 |
The candidates shall file a declaration of candidacy and | 3379 |
petition, or a nominating petition, whichever is applicable, not | 3380 |
later than four p.m. of the seventy-fifth day before the day of | 3381 |
the primary election, in the form prescribed by section 3513.07 or | 3382 |
3513.261 of the Revised Code. The declaration of candidacy and | 3383 |
petition, or the nominating petition, shall conform to the | 3384 |
applicable requirements of section 3513.05 or 3513.257 of the | 3385 |
Revised Code. | 3386 |
If no valid declaration of candidacy and petition is filed by | 3387 |
any person for nomination as a candidate of a particular political | 3388 |
party for election to the office of clerk of the Toledo municipal | 3389 |
court, a primary election shall not be held for the purpose of | 3390 |
nominating a candidate of that party for election to that office. | 3391 |
If only one person files a valid declaration of candidacy and | 3392 |
petition for nomination as a candidate of a particular political | 3393 |
party for election to that office, a primary election shall not be | 3394 |
held for the purpose of nominating a candidate of that party for | 3395 |
election to that office, and the candidate shall be issued a | 3396 |
certificate of nomination in the manner set forth in section | 3397 |
3513.02 of the Revised Code. | 3398 |
Declarations of candidacy and petitions, nominating | 3399 |
petitions, and certificates of nomination for the office of clerk | 3400 |
of the Toledo municipal court shall contain a designation of the | 3401 |
term for which the candidate seeks election. At the following | 3402 |
regular municipal election, all candidates for the office shall be | 3403 |
submitted to the qualified electors of the territory of the court | 3404 |
in the manner that is provided in section 1901.07 of the Revised | 3405 |
Code for the election of the judges of the court. The clerk so | 3406 |
elected shall hold office for a term of six years, which term | 3407 |
shall commence on the first day of January following the clerk's | 3408 |
election and continue until the clerk's successor is elected and | 3409 |
qualified. | 3410 |
(2)(a) Except for the Alliance, Auglaize county, Brown | 3411 |
county, Columbiana county, Holmes county, Lorain, Massillon, and | 3412 |
Youngstown municipal courts, in a municipal court for which the | 3413 |
population of the territory is less than one hundred thousand, the | 3414 |
clerk shall be appointed by the court, and the clerk shall hold | 3415 |
office until the clerk's successor is appointed and qualified. | 3416 |
(b) In the Alliance, Lorain, Massillon, and Youngstown | 3417 |
municipal courts, the clerk shall be elected for a term of office | 3418 |
as described in division (A)(1)(a) of this section. | 3419 |
(c) In the Auglaize county, Brown county, and Holmes county | 3420 |
municipal courts, the clerks of courts of Auglaize county, Brown | 3421 |
county, and Holmes county shall be the clerks, respectively, of | 3422 |
the Auglaize county, Brown county, and Holmes county municipal | 3423 |
courts and may appoint a chief deputy clerk for each branch office | 3424 |
that is established pursuant to section 1901.311 of the Revised | 3425 |
Code, and assistant clerks as the judge of the court determines | 3426 |
are necessary, all of whom shall receive the compensation that the | 3427 |
legislative authority prescribes. The clerks of courts of Auglaize | 3428 |
county, Brown county, and Holmes county, acting as the clerks of | 3429 |
the Auglaize county, Brown county, and Holmes county municipal | 3430 |
courts and assuming the duties of these offices, shall receive | 3431 |
compensation payable from the county treasury in semimonthly | 3432 |
installments at one-fourth the rate that is prescribed for the | 3433 |
clerks of courts of common pleas as determined in accordance with | 3434 |
the population of the county and the rates set forth in sections | 3435 |
325.08 and 325.18 of the Revised Code. | 3436 |
(d) In the Columbiana county municipal court, the clerk of | 3437 |
courts of Columbiana county shall be the clerk of the municipal | 3438 |
court, may appoint a chief deputy clerk for each branch office | 3439 |
that is established pursuant to section 1901.311 of the Revised | 3440 |
Code, and may appoint any assistant clerks that the judges of the | 3441 |
court determine are necessary. All of the chief deputy clerks and | 3442 |
assistant clerks shall receive the compensation that the | 3443 |
legislative authority prescribes. The clerk of courts of | 3444 |
Columbiana county, acting as the clerk of the Columbiana county | 3445 |
municipal court and assuming the duties of that office, shall | 3446 |
receive in either biweekly installments or semimonthly | 3447 |
installments, as determined by the payroll administrator, | 3448 |
compensation payable from the county treasury at one-fourth the | 3449 |
rate that is prescribed for the clerks of courts of common pleas | 3450 |
as determined in accordance with the population of the county and | 3451 |
the rates set forth in sections 325.08 and 325.18 of the Revised | 3452 |
Code. | 3453 |
(3) During the temporary absence of the clerk due to illness, | 3454 |
vacation, or other proper cause, the court may appoint a temporary | 3455 |
clerk, who shall be paid the same compensation, have the same | 3456 |
authority, and perform the same duties as the clerk. | 3457 |
(B) Except in the Hamilton county, Portage county, and Wayne | 3458 |
county municipal courts, if a vacancy occurs in the office of the | 3459 |
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal | 3460 |
court or occurs in the office of the clerk of a municipal court | 3461 |
for which the population of the territory equals or exceeds one | 3462 |
hundred thousand because the clerk ceases to hold the office | 3463 |
before the end of the clerk's term or because a clerk-elect fails | 3464 |
to take office, the vacancy shall be filled, until a successor is | 3465 |
elected and qualified, by a person chosen by the residents of the | 3466 |
territory of the court who are members of the county central | 3467 |
committee of the political party by which the last occupant of | 3468 |
that office or the clerk-elect was nominated. Not less than five | 3469 |
nor more than fifteen days after a vacancy occurs, those members | 3470 |
of that county central committee shall meet to make an appointment | 3471 |
to fill the vacancy. At least four days before the date of the | 3472 |
meeting, the chairperson or a secretary of the county central | 3473 |
committee shall notify each such member of that county central | 3474 |
committee by first class mail of the date, time, and place of the | 3475 |
meeting and its purpose. A majority of all such members of that | 3476 |
county central committee constitutes a quorum, and a majority of | 3477 |
the quorum is required to make the appointment. If the office so | 3478 |
vacated was occupied or was to be occupied by a person not | 3479 |
nominated at a primary election, or if the appointment was not | 3480 |
made by the committee members in accordance with this division, | 3481 |
the court shall make an appointment to fill the vacancy. A | 3482 |
successor shall be elected to fill the office for the unexpired | 3483 |
term at the first municipal election that is held more than one | 3484 |
hundred twenty days after the vacancy occurred. | 3485 |
(C)(1) In a municipal court, other than the Auglaize county, | 3486 |
the Brown county, the Columbiana county, the Holmes county, and | 3487 |
the Lorain municipal courts, for which the population of the | 3488 |
territory is less than one hundred thousand, the clerk of the | 3489 |
municipal court shall receive the annual compensation that the | 3490 |
presiding judge of the court prescribes, if the revenue of the | 3491 |
court for the preceding calendar year, as certified by the auditor | 3492 |
or chief fiscal officer of the municipal corporation in which the | 3493 |
court is located or, in the case of a county-operated municipal | 3494 |
court, the county auditor, is equal to or greater than the | 3495 |
expenditures, including any debt charges, for the operation of the | 3496 |
court payable under this chapter from the city treasury or, in the | 3497 |
case of a county-operated municipal court, the county treasury for | 3498 |
that calendar year, as also certified by the auditor or chief | 3499 |
fiscal officer. If the revenue of a municipal court, other than | 3500 |
the Auglaize county, the Brown county, the Columbiana county, and | 3501 |
the Lorain municipal courts, for which the population of the | 3502 |
territory is less than one hundred thousand for the preceding | 3503 |
calendar year as so certified is not equal to or greater than | 3504 |
those expenditures for the operation of the court for that | 3505 |
calendar year as so certified, the clerk of a municipal court | 3506 |
shall receive the annual compensation that the legislative | 3507 |
authority prescribes. As used in this division, "revenue" means | 3508 |
the total of all costs and fees that are collected and paid to the | 3509 |
city treasury or, in a county-operated municipal court, the county | 3510 |
treasury by the clerk of the municipal court under division (F) of | 3511 |
this section and all interest received and paid to the city | 3512 |
treasury or, in a county-operated municipal court, the county | 3513 |
treasury in relation to the costs and fees under division (G) of | 3514 |
this section. | 3515 |
(2) In a municipal court, other than the Hamilton county, | 3516 |
Portage county, and Wayne county municipal courts, for which the | 3517 |
population of the territory is one hundred thousand or more, and | 3518 |
in the Lorain municipal court, the clerk of the municipal court | 3519 |
shall receive annual compensation in a sum equal to eighty-five | 3520 |
per cent of the salary of a judge of the court. | 3521 |
(3) The compensation of a clerk described in division (C)(1) | 3522 |
or (2) of this section is payable in semimonthly installments from | 3523 |
the same sources and in the same manner as provided in section | 3524 |
1901.11 of the Revised Code, except that the compensation of the | 3525 |
clerk of the Carroll county municipal court is payable in biweekly | 3526 |
installments. | 3527 |
(D) Before entering upon the duties of the clerk's office, | 3528 |
the clerk of a municipal court shall give bond of not less than | 3529 |
six thousand dollars to be determined by the judges of the court, | 3530 |
conditioned upon the faithful performance of the clerk's duties. | 3531 |
(E) The clerk of a municipal court may do all of the | 3532 |
following: administer oaths, take affidavits, and issue executions | 3533 |
upon any judgment rendered in the court, including a judgment for | 3534 |
unpaid costs; issue, sign, and attach the seal of the court to all | 3535 |
writs, process, subpoenas, and papers issuing out of the court; | 3536 |
and approve all bonds, sureties, recognizances, and undertakings | 3537 |
fixed by any judge of the court or by law. The clerk may refuse to | 3538 |
accept for filing any pleading or paper submitted for filing by a | 3539 |
person who has been found to be a vexatious litigator under | 3540 |
section 2323.52 of the Revised Code and who has failed to obtain | 3541 |
leave to proceed under that section. The clerk shall do all of the | 3542 |
following: file and safely keep all journals, records, books, and | 3543 |
papers belonging or appertaining to the court; record the | 3544 |
proceedings of the court; perform all other duties that the judges | 3545 |
of the court may prescribe; and keep a book showing all receipts | 3546 |
and disbursements, which book shall be open for public inspection | 3547 |
at all times. | 3548 |
The clerk shall prepare and maintain a general index, a | 3549 |
docket, and other records that the court, by rule, requires, all | 3550 |
of which shall be the public records of the court. In the docket, | 3551 |
the clerk shall enter, at the time of the commencement of an | 3552 |
action, the names of the parties in full, the names of the | 3553 |
counsel, and the nature of the proceedings. Under proper dates, | 3554 |
the clerk shall note the filing of the complaint, issuing of | 3555 |
summons or other process, returns, and any subsequent pleadings. | 3556 |
The clerk also shall enter all reports, verdicts, orders, | 3557 |
judgments, and proceedings of the court, clearly specifying the | 3558 |
relief granted or orders made in each action. The court may order | 3559 |
an extended record of any of the above to be made and entered, | 3560 |
under the proper action heading, upon the docket at the request of | 3561 |
any party to the case, the expense of which record may be taxed as | 3562 |
costs in the case or may be required to be prepaid by the party | 3563 |
demanding the record, upon order of the court. | 3564 |
(F) The clerk of a municipal court shall receive, collect, | 3565 |
and issue receipts for all costs, fees, fines, bail, and other | 3566 |
moneys payable to the office or to any officer of the court. The | 3567 |
clerk shall each month disburse to the proper persons or officers, | 3568 |
and take receipts for, all costs, fees, fines, bail, and other | 3569 |
moneys that the clerk collects. Subject to sections 3375.50 and | 3570 |
4511.193 of the Revised Code and to any other section of the | 3571 |
Revised Code that requires a specific manner of disbursement of | 3572 |
any moneys received by a municipal court and except for the | 3573 |
Hamilton county, Lawrence county, and Ottawa county municipal | 3574 |
courts, the clerk shall pay all fines received for violation of | 3575 |
municipal ordinances into the treasury of the municipal | 3576 |
corporation the ordinance of which was violated and shall pay all | 3577 |
fines received for violation of township resolutions adopted | 3578 |
pursuant to section 503.52 or 503.53 or Chapter 504. of the | 3579 |
Revised Code into the treasury of the township the resolution of | 3580 |
which was violated. Subject to sections 1901.024 and 4511.193 of | 3581 |
the Revised Code, in the Hamilton county, Lawrence county, and | 3582 |
Ottawa county municipal courts, the clerk shall pay fifty per cent | 3583 |
of the fines received for violation of municipal ordinances and | 3584 |
fifty per cent of the fines received for violation of township | 3585 |
resolutions adopted pursuant to section 503.52 or 503.53 or | 3586 |
Chapter 504. of the Revised Code into the treasury of the county. | 3587 |
Subject to sections 3375.50, 3375.53, 4511.19, and 5503.04 of the | 3588 |
Revised Code and to any other section of the Revised Code that | 3589 |
requires a specific manner of disbursement of any moneys received | 3590 |
by a municipal court, the clerk shall pay all fines collected for | 3591 |
the violation of state laws into the county treasury. Except in a | 3592 |
county-operated municipal court, the clerk shall pay all costs and | 3593 |
fees the disbursement of which is not otherwise provided for in | 3594 |
the Revised Code into the city treasury. The clerk of a | 3595 |
county-operated municipal court shall pay the costs and fees the | 3596 |
disbursement of which is not otherwise provided for in the Revised | 3597 |
Code into the county treasury. Moneys deposited as security for | 3598 |
costs shall be retained pending the litigation. The clerk shall | 3599 |
keep a separate account of all receipts and disbursements in civil | 3600 |
and criminal cases, which shall be a permanent public record of | 3601 |
the office. On the expiration of the term of the clerk, the clerk | 3602 |
shall deliver the records to the clerk's successor. The clerk | 3603 |
shall have other powers and duties as are prescribed by rule or | 3604 |
order of the court. | 3605 |
(G) All moneys paid into a municipal court shall be noted on | 3606 |
the record of the case in which they are paid and shall be | 3607 |
deposited in a state or national bank, or a domestic savings and | 3608 |
loan association, as defined in section 1151.01 of the Revised | 3609 |
Code, that is selected by the clerk. Any interest received upon | 3610 |
the deposits shall be paid into the city treasury, except that, in | 3611 |
a county-operated municipal court, the interest shall be paid into | 3612 |
the treasury of the county in which the court is located. | 3613 |
On the first Monday in January of each year, the clerk shall | 3614 |
make a list of the titles of all cases in the court that were | 3615 |
finally determined more than one year past in which there remains | 3616 |
unclaimed in the possession of the clerk any funds, or any part of | 3617 |
a deposit for security of costs not consumed by the costs in the | 3618 |
case. The clerk shall give notice of the moneys to the parties who | 3619 |
are entitled to the moneys or to their attorneys of record. All | 3620 |
the moneys remaining unclaimed on the first day of April of each | 3621 |
year shall be paid by the clerk to the city treasurer, except | 3622 |
that, in a county-operated municipal court, the moneys shall be | 3623 |
paid to the treasurer of the county in which the court is located. | 3624 |
The treasurer shall pay any part of the moneys at any time to the | 3625 |
person who has the right to the moneys upon proper certification | 3626 |
of the clerk. | 3627 |
(H) Deputy clerks of a municipal court other than the Carroll | 3628 |
county municipal court may be appointed by the clerk and shall | 3629 |
receive the compensation, payable in either biweekly installments | 3630 |
or semimonthly installments, as determined by the payroll | 3631 |
administrator, out of the city treasury, that the clerk may | 3632 |
prescribe, except that the compensation of any deputy clerk of a | 3633 |
county-operated municipal court shall be paid out of the treasury | 3634 |
of the county in which the court is located. The judge of the | 3635 |
Carroll county municipal court may appoint deputy clerks for the | 3636 |
court, and the deputy clerks shall receive the compensation, | 3637 |
payable in biweekly installments out of the county treasury, that | 3638 |
the judge may prescribe. Each deputy clerk shall take an oath of | 3639 |
office before entering upon the duties of the deputy clerk's | 3640 |
office and, when so qualified, may perform the duties appertaining | 3641 |
to the office of the clerk. The clerk may require any of the | 3642 |
deputy clerks to give bond of not less than three thousand | 3643 |
dollars, conditioned for the faithful performance of the deputy | 3644 |
clerk's duties. | 3645 |
(I) For the purposes of this section, whenever the population | 3646 |
of the territory of a municipal court falls below one hundred | 3647 |
thousand but not below ninety thousand, and the population of the | 3648 |
territory prior to the most recent regular federal census exceeded | 3649 |
one hundred thousand, the legislative authority of the municipal | 3650 |
corporation may declare, by resolution, that the territory shall | 3651 |
be considered to have a population of at least one hundred | 3652 |
thousand. | 3653 |
(J) The clerk or a deputy clerk shall be in attendance at all | 3654 |
sessions of the municipal court, although not necessarily in the | 3655 |
courtroom, and may administer oaths to witnesses and jurors and | 3656 |
receive verdicts. | 3657 |
Sec. 1901.34. (A) Except as provided in divisions (B) and | 3658 |
(D) of this section, the village solicitor, city director of law, | 3659 |
or similar chief legal officer for each municipal corporation | 3660 |
within the territory of a municipal court shall prosecute all | 3661 |
cases brought before the municipal court for criminal offenses | 3662 |
occurring within the municipal corporation for which that person | 3663 |
is the solicitor, director of law, or similar chief legal officer. | 3664 |
Except as provided in division (B) of this section, the village | 3665 |
solicitor, city director of law, or similar chief legal officer of | 3666 |
the municipal corporation in which a municipal court is located | 3667 |
shall prosecute all criminal cases brought before the court | 3668 |
arising in the unincorporated areas within the territory of the | 3669 |
municipal court. | 3670 |
(B) The Auglaize county, Brown county, Clermont county, | 3671 |
Hocking county, Holmes county, Jackson county, Morrow county, | 3672 |
Ottawa county, and Portage county prosecuting attorneys shall | 3673 |
prosecute in municipal court all violations of state law arising | 3674 |
in their respective counties. The Carroll county, Crawford county, | 3675 |
Hamilton county, Madison county, and Wayne county prosecuting | 3676 |
attorneys and beginning January 1, 2008, the Erie county | 3677 |
prosecuting attorney shall prosecute all violations of state law | 3678 |
arising within the unincorporated areas of their respective | 3679 |
counties. The Columbiana county prosecuting attorney shall | 3680 |
prosecute in the Columbiana county municipal court all violations | 3681 |
of state law arising in the county, except for violations arising | 3682 |
in the municipal corporation of East Liverpool, Liverpool | 3683 |
township, or St. Clair township. The Darke county prosecuting | 3684 |
attorney shall prosecute in the Darke county municipal court all | 3685 |
violations of state law arising in the county, except for | 3686 |
violations of state law arising in the municipal corporation of | 3687 |
Greenville and violations of state law arising in the village of | 3688 |
Versailles. The Greene county prosecuting attorney may, with the | 3689 |
concurrence of the Greene county board of county commissioners, | 3690 |
prosecute in the Fairborn municipal court all violations of state | 3691 |
law arising within the unincorporated areas of Bath and | 3692 |
Beavercreek townships in Greene county and prosecute in the Xenia | 3693 |
municipal court all violations of state law arising within the | 3694 |
unincorporated areas of Ceasarcreek, Cedarville, Jefferson, Miami, | 3695 |
New Jasper, Ross, Silvercreek, Spring Valley, Sugarcreek, and | 3696 |
Xenia townships in Greene county. | 3697 |
The prosecuting attorney of any county given the duty of | 3698 |
prosecuting in municipal court violations of state law shall | 3699 |
receive no additional compensation for assuming these additional | 3700 |
duties, except that the prosecuting attorney of Hamilton, Portage, | 3701 |
and Wayne counties shall receive compensation at the rate of four | 3702 |
thousand eight hundred dollars per year, and the prosecuting | 3703 |
attorney of Auglaize county shall receive compensation at the rate | 3704 |
of one thousand eight hundred dollars per year, each payable from | 3705 |
the county treasury of the respective counties in semimonthly | 3706 |
installments. | 3707 |
(C) The village solicitor, city director of law, or similar | 3708 |
chief legal officer shall perform the same duties, insofar as they | 3709 |
are applicable to the village solicitor, city director of law, or | 3710 |
similar chief legal officer, as are required of the prosecuting | 3711 |
attorney of the county. The village solicitor, city director of | 3712 |
law, similar chief legal officer or any assistants who may be | 3713 |
appointed shall receive for such services additional compensation | 3714 |
to be paid from the treasury of the county as the board of county | 3715 |
commissioners prescribes. | 3716 |
(D) The prosecuting attorney of any county, other than | 3717 |
Auglaize, Brown, Clermont, Hocking, Holmes, Jackson, Morrow, | 3718 |
Ottawa, or Portage county, may enter into an agreement with any | 3719 |
municipal corporation in the county in which the prosecuting | 3720 |
attorney serves pursuant to which the prosecuting attorney | 3721 |
prosecutes all criminal cases brought before the municipal court | 3722 |
that has territorial jurisdiction over that municipal corporation | 3723 |
for criminal offenses occurring within the municipal corporation. | 3724 |
The prosecuting attorney of Auglaize, Brown, Clermont, Hocking, | 3725 |
Holmes, Jackson, Morrow, Ottawa, or Portage county may enter into | 3726 |
an agreement with any municipal corporation in the county in which | 3727 |
the prosecuting attorney serves pursuant to which the respective | 3728 |
prosecuting attorney prosecutes all cases brought before the | 3729 |
Auglaize county, Brown county, Clermont county, Hocking county, | 3730 |
Holmes county, Jackson county, Morrow county, Ottawa county, or | 3731 |
Portage county municipal court for violations of the ordinances of | 3732 |
the municipal corporation or for criminal offenses other than | 3733 |
violations of state law occurring within the municipal | 3734 |
corporation. For prosecuting these cases, the prosecuting attorney | 3735 |
and the municipal corporation may agree upon a fee to be paid by | 3736 |
the municipal corporation, which fee shall be paid into the county | 3737 |
treasury, to be used to cover expenses of the office of the | 3738 |
prosecuting attorney. | 3739 |
Sec. 1907.11. (A) Each county court district shall have the | 3740 |
following county court judges, to be elected as follows: | 3741 |
In the Adams county county court, one part-time judge shall | 3742 |
be elected in 1982. | 3743 |
In the Ashtabula county county court, one part-time judge | 3744 |
shall be elected in 1980, and one part-time judge shall be elected | 3745 |
in 1982. | 3746 |
In the Belmont county county court, one part-time judge shall | 3747 |
be elected in 1992, term to commence on January 1, 1993, and two | 3748 |
part-time judges shall be elected in 1994, terms to commence on | 3749 |
January 1, 1995, and January 2, 1995, respectively. | 3750 |
In the Butler county county court, one part-time judge shall | 3751 |
be elected in 1992, term to commence on January 1, 1993, and two | 3752 |
part-time judges shall be elected in 1994, terms to commence on | 3753 |
January 1, 1995, and January 2, 1995, respectively. | 3754 |
| 3755 |
3756 |
| 3757 |
one part-time judge shall be elected in 1982. Effective January 1, | 3758 |
2008, the Erie county county court shall cease to exist. | 3759 |
In the Fulton county county court, one part-time judge shall | 3760 |
be elected in 1980, and one part-time judge shall be elected in | 3761 |
1982. | 3762 |
In the Harrison county county court, one part-time judge | 3763 |
shall be elected in 1982. | 3764 |
In the Highland county county court, one part-time judge | 3765 |
shall be elected in 1982. | 3766 |
In the Jefferson county county court, one part-time judge | 3767 |
shall be elected in 1992, term to commence on January 1, 1993, and | 3768 |
two part-time judges shall be elected in 1994, terms to commence | 3769 |
on January 1, 1995, and January 2, 1995, respectively. | 3770 |
In the Mahoning county county court, one part-time judge | 3771 |
shall be elected in 1992, term to commence on January 1, 1993, and | 3772 |
three part-time judges shall be elected in 1994, terms to commence | 3773 |
on January 1, 1995, January 2, 1995, and January 3, 1995, | 3774 |
respectively. | 3775 |
In the Meigs county county court, one part-time judge shall | 3776 |
be elected in 1982. | 3777 |
In the Monroe county county court, one part-time judge shall | 3778 |
be elected in 1982. | 3779 |
In the Montgomery county county court, three part-time judges | 3780 |
shall be elected in 1998, terms to commence on January 1, 1999, | 3781 |
January 2, 1999, and January 3, 1999, respectively, and two | 3782 |
part-time judges shall be elected in 1994, terms to commence on | 3783 |
January 1, 1995, and January 2, 1995, respectively. | 3784 |
In the Morgan county county court, one part-time judge shall | 3785 |
be elected in 1982. | 3786 |
In the Muskingum county county court, one part-time judge | 3787 |
shall be elected in 1980, and one part-time judge shall be elected | 3788 |
in 1982. | 3789 |
In the Noble county county court, one part-time judge shall | 3790 |
be elected in 1982. | 3791 |
In the Paulding county county court, one part-time judge | 3792 |
shall be elected in 1982. | 3793 |
In the Perry county county court, one part-time judge shall | 3794 |
be elected in 1982. | 3795 |
In the Pike county county court, one part-time judge shall be | 3796 |
elected in 1982. | 3797 |
In the Putnam county county court, one part-time judge shall | 3798 |
be elected in 1980, and one part-time judge shall be elected in | 3799 |
1982. | 3800 |
In the Sandusky county county court, two part-time judges | 3801 |
shall be elected in 1994, terms to commence on January 1, 1995, | 3802 |
and January 2, 1995, respectively. | 3803 |
In the Trumbull county county court, one part-time judge | 3804 |
shall be elected in 1992, and one part-time judge shall be elected | 3805 |
in 1994. | 3806 |
In the Tuscarawas county county court, one part-time judge | 3807 |
shall be elected in 1982. | 3808 |
In the Vinton county county court, one part-time judge shall | 3809 |
be elected in 1982. | 3810 |
In the Warren county county court, one part-time judge shall | 3811 |
be elected in 1980, and one part-time judge shall be elected in | 3812 |
1982. | 3813 |
(B)(1) Additional judges shall be elected at the next regular | 3814 |
election for a county court judge as provided in section 1907.13 | 3815 |
of the Revised Code. | 3816 |
(2) Vacancies caused by the death or the resignation from, | 3817 |
forfeiture of, or removal from office of a judge shall be filled | 3818 |
in accordance with section 107.08 of the Revised Code, except as | 3819 |
provided in section 1907.15 of the Revised Code. | 3820 |
Section 4. That the existing versions of sections 1901.01, | 3821 |
1901.02, 1901.03, 1901.08, 1901.31, 1901.34, and 1907.11 of the | 3822 |
Revised Code that are scheduled to take effect January 18, 2007, | 3823 |
are hereby repealed. | 3824 |
Section 5. Sections 3 and 4 of this act shall take effect on | 3825 |
January 18, 2007. | 3826 |
Section 6. (A) Effective January 1, 2007, the Carroll County | 3827 |
County Court is abolished. | 3828 |
(B) All causes, executions, and other proceedings pending in | 3829 |
the Carroll County County Court at the close of business on | 3830 |
December 31, 2006, shall be transferred to and proceed in the | 3831 |
Carroll County Municipal Court on January 1, 2007, as if | 3832 |
originally instituted in the Carroll County Municipal Court. | 3833 |
Parties to those causes, judgments, executions, and proceedings | 3834 |
may make any amendments to their pleadings that are required to | 3835 |
conform them to the rules of the Carroll County Municipal Court. | 3836 |
The Clerk of the Carroll County County Court or other custodian | 3837 |
shall transfer to the Carroll County Municipal Court all | 3838 |
pleadings, orders, entries, dockets, bonds, papers, records, | 3839 |
books, exhibits, files, moneys, property, and persons that belong | 3840 |
to, are in the possession of, or are subject to the jurisdiction | 3841 |
of the Carroll County County Court, or any officer of that court, | 3842 |
at the close of business on December 31, 2006, and that pertain to | 3843 |
those causes, judgments, executions, and proceedings. | 3844 |
(C) All employees of the Carroll County County Court shall be | 3845 |
transferred to and shall become employees of the Carroll County | 3846 |
Municipal Court on January 1, 2007. | 3847 |
(D) Effective January 1, 2007, the part-time judgeship in the | 3848 |
Carroll County County Court is abolished. | 3849 |
Section 7. (A) Effective January 1, 2008, the Erie County | 3850 |
County Court is abolished. | 3851 |
(B) All causes, executions, and other proceedings pending in | 3852 |
the Erie County County Court at the close of business on December | 3853 |
31, 2007, shall be transferred to and proceed in the Erie County | 3854 |
Municipal Court on January 1, 2008, as if originally instituted in | 3855 |
the Erie County Municipal Court. Parties to those causes, | 3856 |
judgments, executions, and proceedings may make any amendments to | 3857 |
their pleadings that are required to conform them to the rules of | 3858 |
the Erie County Municipal Court. The Clerk of the Erie County | 3859 |
County Court or other custodian shall transfer to the Erie County | 3860 |
Municipal Court all pleadings, orders, entries, dockets, bonds, | 3861 |
papers, records, books, exhibits, files, moneys, property, and | 3862 |
persons that belong to, are in the possession of, or are subject | 3863 |
to the jurisdiction of the Erie County County Court, or any | 3864 |
officer of that court, at the close of business on December 31, | 3865 |
2007, and that pertain to those causes, judgments, executions, and | 3866 |
proceedings. | 3867 |
(C) All employees of the Erie County County Court shall be | 3868 |
transferred to and shall become employees of the Erie County | 3869 |
Municipal Court on January 1, 2008. | 3870 |
(D) Effective January 1, 2008, the part-time judgeship in the | 3871 |
Erie County County Court is abolished. | 3872 |
Section 8. (A) Effective January 1, 2009, the Cuyahoga Falls | 3873 |
Municipal Court and the two full-time judgeships of that court are | 3874 |
abolished. | 3875 |
(B) All causes, executions, and other proceedings pending in | 3876 |
the Cuyahoga Falls Municipal Court at the close of business on | 3877 |
December 31, 2008, shall be transferred to and proceed in the Stow | 3878 |
Municipal Court on January 1, 2009, as if originally instituted in | 3879 |
the Stow Municipal Court. Parties to those causes, judgments, | 3880 |
executions, and proceedings may make any amendments to their | 3881 |
pleadings that are required to conform them to the rules of the | 3882 |
Stow Municipal Court. The Clerk of the Cuyahoga Falls Municipal | 3883 |
Court or other custodian shall transfer to the Stow Municipal | 3884 |
Court all pleadings, orders, entries, dockets, bonds, papers, | 3885 |
records, books, exhibits, files, moneys, property, and persons | 3886 |
that belong to, are in the possession of, or are subject to the | 3887 |
jurisdiction of the Cuyahoga Falls Municipal Court, or any officer | 3888 |
of that court, at the close of business on December 31, 2008, and | 3889 |
that pertain to those causes, judgments, executions, and | 3890 |
proceedings. | 3891 |
(C) All employees of the Cuyahoga Falls Municipal Court shall | 3892 |
be transferred to and shall become employees of the Stow Municipal | 3893 |
Court on January 1, 2009. | 3894 |
(D) Beginning January 1, 2009, the clerk of the Cuyahoga | 3895 |
Falls Municipal Court that existed prior to that date whose term | 3896 |
commenced on January 1, 2004, shall serve as the clerk of the Stow | 3897 |
Municipal Court until December 31, 2009. | 3898 |
Section 9. Sections 1901.01, 1901.02, 1901.03, 1901.31, | 3899 |
1901.34, and 1907.11 of the Revised Code, as amended by Section 1 | 3900 |
of this act, shall take effect January 1, 2007. | 3901 |
Section 10. This act is hereby declared to be an emergency | 3902 |
measure necessary for the immediate preservation of the public | 3903 |
peace, health, and safety. The reasons for such necessity are that | 3904 |
the creation of the Carroll County Municipal Court on January 1, | 3905 |
2007, is crucial for the proper, timely, and effective | 3906 |
administration of justice in Carroll County and the election of | 3907 |
the full-time judge of the Erie County Municipal Court in 2007, | 3908 |
and thus the effectiveness of this act prior to the filing | 3909 |
deadline for the 2007 primary election, is crucial for the proper, | 3910 |
timely, and effective administration of justice in Erie County. | 3911 |
Therefore, this act shall go into immediate effect. | 3912 |
Section 11. Section 1901.31 of the Revised Code is presented | 3913 |
in Section 1 of this act as a composite of the section as amended | 3914 |
by both Am. Sub. H.B. 23 and Am. Sub. H.B. 530 of the 126th | 3915 |
General Assembly. Section 1901.31 of the Revised Code is presented | 3916 |
in this act as a composite of the section as amended by Am. Sub. | 3917 |
H.B. 23, Sub. H.B. 336, and Am. Sub. H.B. 530, all of the 126th | 3918 |
General Assembly. The General Assembly, applying the principle | 3919 |
stated in division (B) of section 1.52 of the Revised Code that | 3920 |
amendments are to be harmonized if reasonably capable of | 3921 |
simultaneous operation, finds that the composites are the | 3922 |
resulting versions of the section in effect prior to the effective | 3923 |
dates of the versions of the section as presented in this act. | 3924 |