H. B. No. 10 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 10

Representative Wolpert

Cosponsors: Representatives McGregor, J., Evans, Stebelton, Brown, Webster

A BILL

To amend section 1901.25 of the Revised Code to 1
provide that a board of county commissioners, upon 2
the request of the legislative authority of a 3
municipal court, may fix the compensation of 4
jurors in the court in an amount that differs from 5
the compensation of jurors in the court of common 6
pleas. 7

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

       Section 1. That section 1901.25 of the Revised Code be 8
amended to read as follows: 9

       Sec. 1901.25. (A) A municipal court may provide by rule the 10
manner in which jurors shall be chosen, and may provide that 11
jurors to be used in the court may be chosen and summoned by the 12
jury commissioners of the county as provided in sections 2313.01 13
to 2313.26 of the Revised Code. Selection shall be made from 14
residents within the territory and those appearing to reside 15
outside the territory shall be returned to the jury wheel, to the 16
automation data processing storage drawer, or to any other 17
automated data processing information storage device used pursuant 18
to division (C) of section 2313.21 of the Revised Code. Jurors 19
shall be impaneled in the same manner, shall have the same 20
qualifications, shall be challenged for the same causes, and, 21
except as provided in division (B) of this section, shall receive 22
the same fees as jurors in the court of common pleas. The fees of 23
jurors in any criminal case involving the violation of state law 24
shall be paid out of the county treasury. The fees of jurors in 25
any criminal case involving a violation of a municipal ordinance 26
shall be paid out of the treasury of the municipal corporation in 27
which the violation occurred. 28

       (B)(1) The legislative authority of a municipal court by 29
resolution may request the board of county commissioners of the 30
county in which the court is located to fix and prescribe the 31
compensation for jurors in the court in an amount that differs 32
from the compensation of jurors in the court of common pleas of 33
the county. A request under this division shall be in writing and 34
shall specify the amount that the legislative authority believes 35
should be fixed and prescribed as the compensation. 36

       Upon receipt of a request from a legislative authority of a 37
municipal court that is made pursuant to this division, the board 38
of county commissioners by resolution shall approve or deny the 39
request. If the board approves the request, the resolution shall 40
specify that the board approves compensation for jurors in the 41
municipal court in an amount that differs from the compensation of 42
jurors in the court of common pleas of the county and shall fix 43
the compensation of each juror. The amount fixed as the 44
compensation of each juror either shall be the amount specified in 45
the request as the amount that the legislative authority believed 46
should be fixed and prescribed as the compensation or a different 47
amount fixed by the board. If the board denies the request, the 48
compensation of jurors in the court shall be the same as for 49
jurors in the court of common pleas. 50

        (2) A legislative authority of a municipal court that makes a 51
request pursuant to division (B)(1) of this section may make one 52
or more subsequent requests pursuant to that division. Upon 53
receipt of any subsequent request pursuant to that division, the 54
board of county commissioners shall approve or deny the request in 55
accordance with that division. If the board denies a subsequent 56
request, the compensation of jurors that was in effect at the time 57
of the denial shall remain in effect. 58

       Section 2. That existing section 1901.25 of the Revised Code 59
is hereby repealed. 60

Section 1. That section 1901.25 of the Revised Code be	8
amended to read as follows:	9

Sec. 1901.25. (A) A municipal court may provide by rule the	10
manner in which jurors shall be chosen, and may provide that	11
jurors to be used in the court may be chosen and summoned by the	12
jury commissioners of the county as provided in sections 2313.01	13
to 2313.26 of the Revised Code. Selection shall be made from	14
residents within the territory and those appearing to reside	15
outside the territory shall be returned to the jury wheel, to the	16
automation data processing storage drawer, or to any other	17
automated data processing information storage device used pursuant	18
to division (C) of section 2313.21 of the Revised Code. Jurors	19
shall be impaneled in the same manner, shall have the same	20
qualifications, shall be challenged for the same causes, and,	21
except as provided in division (B) of this section, shall receive	22
the same fees as jurors in the court of common pleas. The fees of	23
jurors in any criminal case involving the violation of state law	24
shall be paid out of the county treasury. The fees of jurors in	25
any criminal case involving a violation of a municipal ordinance	26
shall be paid out of the treasury of the municipal corporation in	27
which the violation occurred.	28

(B)(1) The legislative authority of a municipal court by	29
resolution may request the board of county commissioners of the	30
county in which the court is located to fix and prescribe the	31
compensation for jurors in the court in an amount that differs	32
from the compensation of jurors in the court of common pleas of	33
the county. A request under this division shall be in writing and	34
shall specify the amount that the legislative authority believes	35
should be fixed and prescribed as the compensation.	36

Upon receipt of a request from a legislative authority of a	37
municipal court that is made pursuant to this division, the board	38
of county commissioners by resolution shall approve or deny the	39
request. If the board approves the request, the resolution shall	40
specify that the board approves compensation for jurors in the	41
municipal court in an amount that differs from the compensation of	42
jurors in the court of common pleas of the county and shall fix	43
the compensation of each juror. The amount fixed as the	44
compensation of each juror either shall be the amount specified in	45
the request as the amount that the legislative authority believed	46
should be fixed and prescribed as the compensation or a different	47
amount fixed by the board. If the board denies the request, the	48
compensation of jurors in the court shall be the same as for	49
jurors in the court of common pleas.	50

(2) A legislative authority of a municipal court that makes a	51
request pursuant to division (B)(1) of this section may make one	52
or more subsequent requests pursuant to that division. Upon	53
receipt of any subsequent request pursuant to that division, the	54
board of county commissioners shall approve or deny the request in	55
accordance with that division. If the board denies a subsequent	56
request, the compensation of jurors that was in effect at the time	57
of the denial shall remain in effect.	58

Section 2. That existing section 1901.25 of the Revised Code	59
is hereby repealed.	60