Section 1. That sections 107.08, 1901.06, 1907.13,
2301.01, | 21 |
2501.02, 2503.01, 2743.191, 2743.70, and 2949.111 be
amended and | 22 |
sections 145.2914, 2503.51, 2503.52, 2503.53, 2503.54,
2503.55, | 23 |
and 2503.60 of the Revised Code be enacted to read as
follows: | 24 |
Sec. 107.08. (A) The office of a judge is vacant at the | 25 |
expiration of the term of
the incumbent when no person has been | 26 |
elected as
the judge's
successor.
The vacancy
shall be
filled by | 27 |
appointment by the governor. If the appointment is to a
court of | 28 |
appeals, court of common pleas, or municipal court, the
clerk of | 29 |
the
court shall give written notice to the board of
elections | 30 |
responsible for
conducting elections for that court of
the name of | 31 |
the appointee. A successor
shall be elected for the
unexpired term | 32 |
at the first general election for the
office that
occurs more than
| 33 |
forty days after
the vacancy occurs. | 34 |
(B)(1) There is hereby created the judicial appointment | 35 |
review
commission consisting of seven, nine, or eleven members as | 36 |
determined by the governor. All members of the commission shall be | 37 |
appointed by and serve without compensation at the pleasure of the | 38 |
governor. Five members shall be at-large members whose terms of | 39 |
office shall be two years and who shall participate in making | 40 |
recommendations regarding all judicial vacancies considered by the | 41 |
commission during their tenure. The remaining members shall be | 42 |
regional members appointed to recommend persons to fill a specific | 43 |
judicial vacancy and whose terms of office expire when the | 44 |
commission makes its recommendations concerning that vacancy. Each | 45 |
regional member shall be a resident of the territory over which | 46 |
the court in which the vacancy occurred has jurisdiction. One | 47 |
regional member shall represent the interests of labor and | 48 |
consumers, and one regional member shall represent the interests | 49 |
of business and industry. A majority of all of the members shall | 50 |
be attorneys. | 51 |
(2)
The governor shall select a chairperson of the commission | 52 |
from among the at-large members, and
the chairperson shall serve | 53 |
in that role at the pleasure of the
governor. The chairperson | 54 |
shall establish procedures for the operation of the commission and | 55 |
for the recommendation of persons to fill each vacancy. The | 56 |
procedures shall provide for broad distribution of a notice of | 57 |
each judicial vacancy to persons who are potentially interested in | 58 |
being appointed to fill the vacancy, including posting of the | 59 |
notice on the governor's official web site, and for application to | 60 |
the commission by persons who wish to be considered for | 61 |
recommendation to fill a vacancy. The governor's chief legal | 62 |
counsel or the chief legal counsel's designee shall provide staff | 63 |
support to the commission. | 64 |
(3)
Whenever the office of a judge becomes vacant before the | 65 |
expiration of the regular term for which the judge was elected or | 66 |
by the expiration of the term of the incumbent when no person has | 67 |
been elected as the judge's successor, the commission shall | 68 |
recommend to the governor in alphabetical order three persons to | 69 |
fill the vacancy. In
making a recommendation, the commission | 70 |
shall consider the length
of time a person under consideration | 71 |
has practiced law, whether
the person has been certified in a | 72 |
specialty area pursuant to the
supreme court's rules for the | 73 |
government of the bar, the person's
disciplinary history under | 74 |
the code of professional responsibility
or rules of professional | 75 |
conduct adopted by the supreme court,
comments received from the | 76 |
county bar associations and
the
chairpersons of the county | 77 |
central committees of the
political
parties in the county or | 78 |
district in which the
judgeship is
located, and any other | 79 |
factors the commission
considers relevant.
The governor may | 80 |
appoint one of the three
recommended persons, ask the commission | 81 |
to make additional
recommendations, or appoint
another person to | 82 |
fill the vacancy. | 83 |
Sec. 145.2914. (A) If the general assembly abolishes a | 88 |
judgeship pursuant to section 2503.55 of the Revised Code and the | 89 |
judgeship abolished is the most recently created judgeship of the | 90 |
designated court and division, if any, the
public employer that | 91 |
is responsible for the judicial office that
is to be eliminated | 92 |
shall provide for a purchase of service credit on
behalf of an | 93 |
individual who meets the requirements described in
division (B) | 94 |
of this section and for payment of the entire cost of
the service | 95 |
credit to be purchased. | 96 |
(E) On the election by an individual to receive the service | 118 |
credit described in this section, the individual and the employer | 119 |
shall agree upon a date for payment, or contracting for payment in | 120 |
installments, to the system the cost of the service credit to be | 121 |
purchased. The employer shall submit to the system a written | 122 |
request for determination of the cost of the service credit and, | 123 |
within forty-five days after receiving the request, the system | 124 |
shall provide written notice of the cost to the employer. | 125 |
The employer shall pay, or contract to pay in installments, | 126 |
the cost of the service credit to be purchased on the date agreed | 127 |
to by the individual and the employer. The payment shall be made | 128 |
in accordance with rules adopted by the public employees | 129 |
retirement board. The rules may provide for payment in | 130 |
installments and for crediting the purchased service credit to the | 131 |
individual's account upon the employer's contracting to pay the | 132 |
cost in installments. The system shall notify the individual when | 133 |
the individual is credited with service purchased under this | 134 |
section. If the individual does not retire within ninety days | 135 |
after receiving notice that the individual has been credited with | 136 |
the purchased service credit, the system shall refund to the | 137 |
employer the amount paid for the service credit. | 138 |
Sec. 1901.06. (A) A municipal judge during histhe judge's | 141 |
term of
office shall be a
qualified elector and a resident of the | 142 |
territory of the court to which
hethe judge is
elected or | 143 |
appointed. A municipal judge shall have been admitted to the | 144 |
practice of law in this statebe an attorney at law in good | 145 |
standing, shall be registered for active status with the supreme | 146 |
court, and shall have been, for a total of at least six
years | 147 |
preceding his appointment or the commencement of histhe judge's | 148 |
term, engaged in
the practice of law in this state or served as a | 149 |
judge of a court of record in
any jurisdiction in the United | 150 |
States, or both. | 151 |
Sec. 1907.13. A county court judge, at the time of filing a | 170 |
nominating
petition for the office or at the time of appointment | 171 |
to the office and
during the judge's term of office, shall be a | 172 |
qualified elector and a resident
of the county court district in | 173 |
which the judge is elected or appointed. A
county court judge does | 174 |
not have to be a resident of an area of separate
jurisdiction in | 175 |
the county court district to which the judge
may be assigned | 176 |
pursuant to section 1907.15 of the Revised Code. Every
county | 177 |
court judge shall be an attorney at law in good standing, shall be | 178 |
registered for active status with the supreme court, and shall | 179 |
have been admitted to the practice of
law in this state and shall | 180 |
have been engaged, for a total of at
least six years preceding the | 181 |
judge's appointment or the
commencement of the judge's term, in | 182 |
the practice of law in
this state, except that the six-year | 183 |
practice requirement does not
apply to a county court judge who is | 184 |
holding office on the effective date of
this amendment and who | 185 |
subsequently is a candidate for that office. | 186 |
All candidates for county court judge shall be nominated by | 195 |
petition. The nominating petition shall be in the general form
and | 196 |
signed and verified as prescribed by section 3513.261 of the | 197 |
Revised Code and shall be signed by the lesser of fifty qualified | 198 |
electors of the
county court district or a number of qualified | 199 |
electors of the county court district not less than one per cent | 200 |
of the
number of electors who voted for governor at the most | 201 |
recent regular state
election in the district. A nominating | 202 |
petition
shall not be accepted for filing or filed if it appears | 203 |
on its
face to contain signatures aggregating in number more than | 204 |
twice
the minimum aggregate number of signatures required by this | 205 |
section. A nominating petition shall be filed with the board of | 206 |
elections not later than four p.m. of the seventy-fifth day
before | 207 |
the day of the general election. | 208 |
Sec. 2301.01. (A) There shall be a court of common pleas in | 220 |
each county held by
one or more judges, each of whom has been | 221 |
admitted to practice as an attorney
at law in this state and has, | 222 |
for a total of at least six years preceding
the judge's | 223 |
appointment or commencement of the
judge's term, engaged in the | 224 |
practice of law in
this state or served as a judge of a court of | 225 |
record in any jurisdiction in
the United States, or both, resides | 226 |
in said county, and is elected by the
electors therein. Each judge | 227 |
shall meet all of the following qualifications: | 228 |
(C) The board of county commissioners of a county in which | 247 |
there is one judge of the court of common pleas and in which the | 248 |
population is less than fifty thousand may by resolution submit to | 249 |
the electors of the county the question of reducing the minimum | 250 |
number of years specified in division (A)(2)(a) of this section | 251 |
the judge shall have engaged in the practice of law in this state | 252 |
preceding the judge's appointment or commencement of the judge's | 253 |
term to any number less than ten but not less than six. The board | 254 |
of county commissioners shall certify the resolution to the board | 255 |
of elections of the county. The board of elections shall make the | 256 |
necessary arrangements for the submission of the question to the | 257 |
electors of the county. The question shall be submitted at the | 258 |
next general election occurring not less than forty-five days | 259 |
after the resolution is certified to the board of elections. | 260 |
Notice of the election shall be published in one or more | 261 |
newspapers of general circulation in the county once a week for | 262 |
four consecutive weeks prior to the election. If the electors | 263 |
approve the resolution, the reduction in the minimum number of | 264 |
years of practice shall apply to the judge elected at the next | 265 |
election for judge of the court of common pleas following approval | 266 |
of the resolution or to a judge appointed to fill a vacancy prior | 267 |
to that time. | 268 |
Sec. 2501.02. Each judge of a court of appeals shall have | 280 |
been admitted to practice as an attorney at law in this statebe | 281 |
an attorney at law in good standing, shall be registered for | 282 |
active status with the supreme court, reside in the appellate | 283 |
district to which the judge is elected or appointed, and shall | 284 |
have, for a total of sixtwelve years preceding
the judge's | 285 |
appointment
or
commencement of
the judge's term, engaged in
the | 286 |
practice of
law in this
state or served as a judge of a court
of | 287 |
record in any
jurisdiction in the United States, or both. One | 288 |
judge shall be
chosen in each court of appeals district every two | 289 |
years, and shall hold office for six years, beginning on the ninth | 290 |
day of
February next after
the judge's election. | 291 |
In addition to the original
jurisdiction conferred by Section | 292 |
3 of Article IV, Ohio
Constitution, the court shall have | 293 |
jurisdiction upon an appeal
upon questions of law to review, | 294 |
affirm, modify, set aside, or
reverse judgments or final orders of | 295 |
courts of record inferior to
the court of appeals within the | 296 |
district, including the finding,
order, or judgment of a juvenile | 297 |
court that a child is
delinquent, neglected, abused, or
dependent, | 298 |
for prejudicial
error
committed by such lower court. | 299 |
Sec. 2503.01. The supreme court shall consist of a chief | 315 |
justice and six
justices,. The chief justice and each of whom has | 316 |
been admitted to practice asjustice shall reside in this state, | 317 |
be an attorney at law in
this statein good standing, be | 318 |
registered for active status with the supreme court, and hashave, | 319 |
for a total of at least sixfifteen years preceding his | 320 |
appointment or commencement of histhe justice's term, engaged
in | 321 |
the practice of law in this state or served as a judge of a court | 322 |
of record
in any jurisdiction of the United States, or both. | 323 |
Sec. 2503.51. (A) The supreme court shall by rule establish | 335 |
a judicial candidate qualification program to ensure that a | 336 |
candidate for the office of judge of a municipal court, county | 337 |
court, court of common pleas, court of appeals, or the supreme | 338 |
court is professionally qualified for the office. The rules shall | 339 |
include a requirement that every candidate, within five years | 340 |
before the date of the general election for the office to which | 341 |
the candidate seeks election, attend a course or courses approved | 342 |
by the supreme court totaling at least forty hours and covering | 343 |
civil and criminal procedure, the Ohio Rules of Evidence, | 344 |
constitutional law, judicial demeanor and decorum, and any other | 345 |
subjects that the supreme court may require. The supreme court | 346 |
shall offer a course or courses for actual and potential judicial | 347 |
candidates that satisfy all the judicial qualification course | 348 |
requirements
specified in this division for judicial candidates. | 349 |
The supreme
court may charge a reasonable fee for any course | 350 |
offered pursuant
to this section, but the aggregate of the fees | 351 |
charged to
attendees shall not exceed the cost of producing and | 352 |
offering the
course. The rules may provide
for any of the | 353 |
following: | 354 |
(C) The supreme court by rule may require that a person who | 376 |
is appointed to the office of judge meet the educational | 377 |
qualifications set forth under division (A) of this section, may | 378 |
exempt a candidate for judge or a person appointed to a judgeship | 379 |
from meeting those qualifications, and may delay the date by which | 380 |
a candidate or appointee must meet those qualifications if a | 381 |
candidate is a replacement for a candidate who died shortly before | 382 |
the election or if other exigent circumstances exist. | 383 |
(D) A candidate for the office of judge of a municipal court, | 384 |
county court, court of common pleas, court of appeals, or the | 385 |
supreme court, not later than seventy-five days before the date of | 386 |
the general election for the office to which the candidate seeks | 387 |
election, shall present to the board of elections or to the | 388 |
secretary of state, as applicable, a document from the supreme | 389 |
court certifying that the candidate has met the educational | 390 |
qualifications required by division (A) of this section or stating | 391 |
that the candidate is exempt from meeting those qualifications | 392 |
before the election.
| 393 |
(b) Four members who are judges of the court of common pleas, | 411 |
of which one is chosen from a list of two nominees submitted by | 412 |
the Ohio common pleas judges association, one is chosen from a | 413 |
list of two nominees submitted by the Ohio association of juvenile | 414 |
court judges, one is chosen from a list of two nominees submitted | 415 |
by the Ohio association of domestic relations judges, and one is | 416 |
chosen from a list of two nominees submitted by the Ohio | 417 |
association of probate judges; | 418 |
(B) The initial appointments of members to the commission as | 433 |
provided in division (A) of this section shall be made within | 434 |
ninety days after the effective date of this section. Upon the | 435 |
appointment of the initial members of the commission, the | 436 |
commission shall proceed to conduct its business pursuant to | 437 |
sections 2503.53 to 2503.55 of the Revised Code. The term of | 438 |
office of each initial member of the commission ends upon the | 439 |
submission of the commission's report pursuant to section 2503.55 | 440 |
of the Revised Code. Any vacancy in the commission shall be filled | 441 |
in the manner provided for the original appointment. | 442 |
(C) The subsequent appointments of new members to the | 443 |
commission as provided in division (A) of this section shall be | 444 |
made within thirty days after April 1 in the year 2012 and within | 445 |
thirty days after April 1 in every tenth year after the year 2012. | 446 |
Upon the subsequent appointment of new members of the commission, | 447 |
the commission shall proceed to conduct its business pursuant to | 448 |
this section and sections 2503.53 to 2503.55 of the Revised Code. | 449 |
The term of office of each subsequently appointed member of the | 450 |
commission ends upon the submission of the report of the | 451 |
commission that was prepared while the subsequently appointed | 452 |
member was a member of the commission. This section and sections | 453 |
2503.53 to 2503.55 of the Revised Code, insofar as applicable, | 454 |
apply to the commission each time the new members are appointed to | 455 |
the commission pursuant to this division. | 456 |
Sec. 2503.53. (A) The chief justice of the supreme court | 457 |
shall serve as the chairperson of the judicial allotment review | 458 |
commission. The members of the commission shall meet and perform | 459 |
their duties and functions as provided in this section and | 460 |
sections 2503.54 and 2503.55 of the Revised Code. The initial | 461 |
meeting of the commission shall convene on a date designated by | 462 |
the chief justice after the initial appointment of the members of | 463 |
the commission as provided in division (B) of section 2503.52 of | 464 |
the Revised Code, and the first meeting of each group of | 465 |
subsequently appointed members of the commission shall convene on | 466 |
a date designated by the chief justice after each subsequent | 467 |
appointment of new members to the commission as provided in | 468 |
division (C) of that section. The chief justice, upon notice to | 469 |
the governor, may convene a meeting within twenty days after a | 470 |
judgeship becomes vacant to consider the need for continuing that | 471 |
judgeship. The chief justice or a designee of the chief justice | 472 |
shall convene every meeting of the commission. A majority of the | 473 |
members of the commission shall constitute a quorum. | 474 |
(8) In the case of courts of appeals, the population of each | 529 |
court of appeals district, the number of counties that constitute | 530 |
the district, the number of days in which cases are heard in | 531 |
counties within the district other than the county that is the | 532 |
principal seat of the court of appeals or the county in which the | 533 |
court of appeals primarily holds court, and the time spent for the | 534 |
judges to travel to those other counties for purposes of hearing | 535 |
cases; | 536 |
(D) If the population of the area in which a court has | 554 |
territorial jurisdiction increases by twenty per cent between | 555 |
April 1, 2011, and April 1, 2021, and between the first day of | 556 |
April of the first year and the first day of April of the tenth | 557 |
year of each ten-year period after 2021, the judges of that court | 558 |
may request of the general assembly that one additional judgeship | 559 |
be established for that court. | 560 |
(E) If the chief justice convenes a meeting of the commission | 561 |
to consider the need for continuing a particular judgeship that | 562 |
has become vacant, the chief justice shall immediately notify the | 563 |
governor that the meeting has been convened and of the judgeship | 564 |
that has become vacant. The commission shall within forty-five | 565 |
days
after the meeting prepare a report on the need for | 566 |
continuing the
judgeship and submit the report to the governor, | 567 |
the supreme
court, and the general assembly. | 568 |
Sec. 2503.55. (A) On or before the first anniversary of the | 569 |
effective date of this section, then on or
before April 1 in the | 570 |
year 2013, and then on or before April 1 in
every tenth year | 571 |
after the year 2013, as applicable, the judicial
allotment review | 572 |
commission shall prepare a report and submit it
to the supreme | 573 |
court and to the general assembly. The report shall
include the | 574 |
commission's conclusions regarding its study and
review of the | 575 |
allotment of judgeships for each court under section
2503.54 of | 576 |
the Revised Code and its recommendations based on those | 577 |
conclusions. The recommendations may include, but are not limited | 578 |
to, enacting legislation to increase or decrease the number of | 579 |
judgeships of a court or to change the status of a judgeship of a | 580 |
court from part-time to full-time. | 581 |
(B) If the members of the commission do not unanimously agree | 582 |
on the recommendations that are to be included in the report | 583 |
described in division (A) of this section, the commission shall | 584 |
determine by a majority vote of the members the specific | 585 |
recommendations that are to be included in that report. The | 586 |
members who vote against the inclusion of any of the | 587 |
recommendations in the report may submit a minority report to the | 588 |
supreme court and the general assembly that includes the specific | 589 |
recommendations of those members. | 590 |
(C) In enacting legislation to implement a recommendation
of | 591 |
the commission to abolish a judgeship, the general assembly
shall | 592 |
designate only the court and, in the case of a court of
common | 593 |
pleas or municipal court, the division, if any, of the
court a | 594 |
judgeship of which is to be abolished. Except as otherwise | 595 |
provided in this division, the judgeship abolished shall be the | 596 |
most recently created judgeship of the designated court and | 597 |
division, if any. If
the term of office of the most recently | 598 |
created judgeship will expire one year or more after the | 599 |
effective date of the act abolishing the judgeship, the judgeship | 600 |
shall be abolished
whenever it becomes vacant or at the end of | 601 |
the term. If the term
of office of the most recently created | 602 |
judgeship will expire less than one year after the effective
date | 603 |
of the act abolishing the judgeship, the judgeship shall be | 604 |
abolished whenever it becomes vacant
or at the end of the | 605 |
following term. If a judgeship other than the most recently | 606 |
created
judgeship of the designated court and division, if any, | 607 |
becomes
vacant before the most recently created judgeship becomes | 608 |
vacant
or the applicable term of the most recently created | 609 |
judgeship
ends, and before the date by which a declaration of | 610 |
candidacy for
election to the next term of office of the most | 611 |
recently created
judgeship must be filed, that other judgeship | 612 |
shall be abolished
instead of the most recently created | 613 |
judgeship. | 614 |
Sec. 2503.60. There is hereby created in the state treasury | 615 |
the supreme court security fund. The supreme court shall use the | 616 |
money in the supreme court security fund to fund court security | 617 |
projects. The treasurer of state shall deposit in the fund the | 618 |
portion of court costs paid pursuant to section 2743.70 of the | 619 |
Revised Code that is mandated by that section to be deposited in | 620 |
the fund. The supreme court shall adopt guidelines to govern | 621 |
disbursements from the fund. | 622 |
(l) The payment of actual costs associated with initiatives | 660 |
by the attorney general for the apprehension, prosecution, and | 661 |
accountability of offenders, and the enhancing of services to | 662 |
crime victims. The amount of payments made pursuant to division | 663 |
(A)(1)(l) of this section during any given fiscal year shall not | 664 |
exceed five per cent of the balance of the reparations fund at the | 665 |
close of the immediately previous fiscal year; | 666 |
(m) The costs of administering the adult parole authority's | 667 |
supervision pursuant to division (E) of section 2971.05 of the | 668 |
Revised Code of sexually violent predators who are sentenced to a | 669 |
prison term pursuant to division (A)(3) of section 2971.03 of the | 670 |
Revised Code and of offenders who are sentenced to a prison term | 671 |
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or | 672 |
(c), or (B)(3)(a), (b), (c), or (d) of that section. | 673 |
(2) AllThe portion of costs paid
pursuant to section 2743.70 | 674 |
of the Revised
Code that is mandated by that section to be | 675 |
deposited in the fund, the
portions of license reinstatement fees | 676 |
mandated by
division
(F)(2)(b) of section 4511.191 of the Revised | 677 |
Code to be
credited
to the fund, the portions of the proceeds of | 678 |
the sale of
a
forfeited vehicle specified in division (C)(2) of | 679 |
section
4503.234 of the Revised Code, payments
collected by the | 680 |
department
of rehabilitation and correction from prisoners
who | 681 |
voluntarily
participate in an approved work and training program | 682 |
pursuant
to
division (C)(8)(b)(ii) of section 5145.16
of the | 683 |
Revised Code, and
all moneys
collected by the
state pursuant to | 684 |
its right of
subrogation provided in section
2743.72 of the | 685 |
Revised Code shall
be deposited in the fund. | 686 |
(3) If sufficient
unencumbered moneys do not exist in the | 697 |
fund, the attorney
general shall make
application for payment of | 698 |
the award out of the emergency
purposes account or any other | 699 |
appropriation for emergencies or
contingencies, and payment out of | 700 |
this account or other
appropriation shall be authorized if there | 701 |
are sufficient moneys
greater than the sum total of then pending | 702 |
emergency purposes
account requests or requests for releases from | 703 |
the other
appropriations. | 704 |
(4) If sufficient moneys do not exist in the account or
any | 705 |
other appropriation for emergencies or contingencies to pay
the | 706 |
award, the attorney general shall request the
general assembly to | 707 |
make an appropriation sufficient to pay the award, and no payment | 708 |
shall be made until the appropriation has been made. The
attorney | 709 |
general shall make this appropriation request
during the current | 710 |
biennium and during each succeeding biennium until a sufficient | 711 |
appropriation is made. If, prior to the time that an
appropriation | 712 |
is made by the general assembly pursuant to this
division, the | 713 |
fund has sufficient unencumbered funds to pay the
award or part of | 714 |
the award, the available funds shall be used to
pay the award or | 715 |
part of the award, and the appropriation request
shall be amended | 716 |
to request only sufficient funds to pay that
part
of the award | 717 |
that is unpaid. | 718 |
(C) The attorney general shall not make payment on a
decision | 719 |
or order granting an award until all appeals
have been
determined | 720 |
and all rights to appeal exhausted, except
as otherwise
provided | 721 |
in this section. If any party to a claim
for an award of | 722 |
reparations appeals from only a portion of an
award, and a | 723 |
remaining portion provides for the payment of money
by the state, | 724 |
that part of the award calling for the payment of money by the | 725 |
state and not a subject of the appeal shall be processed for | 726 |
payment as described in this section. | 727 |
The court shall not waive the payment of the thirty or nine | 743 |
dollars court costs, unless the court determines that the
offender | 744 |
is indigent and waives the payment of all court costs
imposed upon | 745 |
the indigent offender. All such moneysTwenty-eight dollars of the | 746 |
court costs if the offense is a felony and seven dollars of the | 747 |
court costs if the offense is a misdemeanor shall be
transmitted | 748 |
on the first business day of each month by the clerk
of the court | 749 |
to the treasurer of state and deposited by the
treasurer in the | 750 |
reparations fund. The clerk of the court shall transmit two | 751 |
dollars of the court costs on the first business day of each month | 752 |
to the treasurer of state, and the treasurer shall deposit that | 753 |
money in the supreme court security fund created by section | 754 |
2503.60 of the Revised Code. | 755 |
(2) The juvenile court in which a child is found to be a | 756 |
delinquent child or a juvenile traffic offender for an act which, | 757 |
if committed by an adult, would be an offense other than a
traffic | 758 |
offense that is not a moving violation, shall impose the
following | 759 |
sum as costs in the case in addition to any other court
costs that | 760 |
the court is required or permitted by law to impose
upon the | 761 |
delinquent child or juvenile traffic offender: | 762 |
The thirty or nine dollars court costs shall be collected
in | 767 |
all cases unless the court determines the juvenile is indigent
and | 768 |
waives the payment of all court costs, or enters an order on
its | 769 |
journal stating that it has determined that the juvenile is | 770 |
indigent, that no other court costs are to be taxed in the case, | 771 |
and that the payment of the thirty or nine dollars court costs is | 772 |
waived. All such moneysTwenty-eight dollars of the court costs if | 773 |
the act if committed by an adult would be a felony and seven | 774 |
dollars of the court costs if the act if committed by an adult | 775 |
would be a misdemeanor collected during a month shall be | 776 |
transmitted
on or before the twentieth day of the following month | 777 |
by
the clerk of the court to the
treasurer of state and deposited | 778 |
by the treasurer in the
reparations fund. The clerk of the court | 779 |
shall transmit on or before the twentieth day of the following | 780 |
month to the treasurer of state two dollars of the court costs | 781 |
collected in each case during a month, and the treasurer shall | 782 |
deposit that money in the supreme court security fund created by | 783 |
section 2503.60 of the Revised Code. | 784 |
(B) Whenever a person is charged with any offense other
than | 785 |
a traffic offense that is not a moving violation and posts
bail | 786 |
pursuant to sections 2937.22 to 2937.46 of the Revised Code, | 787 |
Criminal Rule 46, or Traffic Rule 4, the court shall add to the | 788 |
amount of the bail the thirty or nine dollars required to be paid | 789 |
by division (A)(1) of this section. The thirty or nine dollars | 790 |
shall be retained by the clerk of the court until the person is | 791 |
convicted, pleads guilty, forfeits bail, is found not guilty, or | 792 |
has the charges dismissed. If the person is
convicted, pleads | 793 |
guilty, or forfeits bail, the clerk shall
transmit twenty-eight of | 794 |
the thirty or seven of the nine dollars to the treasurer of state, | 795 |
who shall deposit it in the reparations fund, and the clerk shall | 796 |
transmit two of the thirty or nine dollars to the treasurer of | 797 |
state, who shall deposit that money in the supreme court security | 798 |
fund created by section 2503.60 of the Revised Code. If the person | 799 |
is
found not guilty or the charges are dismissed, the
clerk shall | 800 |
return the thirty or nine dollars to the person. | 801 |
(1) "Moving violation" means any violation of any statute
or | 806 |
ordinance, other than section 4513.263 of the Revised Code or
an | 807 |
ordinance that is substantially equivalent to that section,
that | 808 |
regulates the operation of vehicles, streetcars, or
trackless | 809 |
trolleys on highways or streets or that regulates size
or load | 810 |
limitations or fitness requirements of vehicles. "Moving | 811 |
violation" does not include the violation of any statute or | 812 |
ordinance that regulates pedestrians or the parking of vehicles. | 813 |
(2) "Bail" means cash, a check, a money order, a credit
card, | 814 |
or any other form of money that is posted by or for an
offender | 815 |
pursuant to sections 2937.22 to 2937.46 of the Revised
Code, | 816 |
Criminal Rule 46, or Traffic Rule 4 to prevent the offender
from | 817 |
being placed or held in a detention facility, as defined in | 818 |
section 2921.01 of the Revised Code. | 819 |
(2)
"State fines or costs" means any costs imposed or | 824 |
forfeited bail
collected by the court under section 2743.70 of the | 825 |
Revised Code for deposit into the
reparations fund or supreme | 826 |
court security fund or under
section 2949.091 of the Revised Code | 827 |
for deposit into the
general
revenue fund and all fines, | 828 |
penalties, and forfeited bail
collected by the
court and paid to a | 829 |
law library association under
sections 3375.50 to 3375.53 of the | 830 |
Revised Code. | 831 |
(3) "Reimbursement" means any reimbursement for the costs of | 832 |
confinement
that the court orders an offender to pay pursuant to | 833 |
section
2929.28 of the Revised Code,
any supervision fee, any fee | 834 |
for the
costs of
house arrest
with
electronic monitoring that an | 835 |
offender agrees to
pay, any
reimbursement for the
costs of an | 836 |
investigation or prosecution
that the court orders an
offender to | 837 |
pay pursuant to section
2929.71 of the Revised
Code, or any other | 838 |
costs that the court
orders an offender to pay. | 839 |
(B) Unless the court, in accordance with division (C) of
this | 846 |
section, enters in the record of the case a different method
of | 847 |
assigning
payments, if a person who
is
charged with a misdemeanor | 848 |
is convicted of or pleads guilty
to
the
offense, if the court | 849 |
orders the offender to pay any
combination
of
court costs,
state | 850 |
fines or costs, restitution, a
conventional fine, or
any | 851 |
reimbursement, and
if
the
offender makes any payment
of any of | 852 |
them to a clerk of court,
the clerk
shall assign the
offender's | 853 |
payment
in the following manner: | 854 |
(C) If a person who is charged with a misdemeanor is | 880 |
convicted of or pleads guilty to the offense and if the court | 881 |
orders the offender to pay any combination of
court costs,
state | 882 |
fines or costs, restitution,
fines, or
reimbursements, the court, | 883 |
at the time it orders
the
offender to
make those payments, may | 884 |
prescribe
an
order of
payments
that
differs
from the
order set | 885 |
forth in division (B) of
this section
by entering in
the record of | 886 |
the
case the
order so
prescribed.
If a different
order is entered | 887 |
in the record,
on receipt
of any payment,
the
clerk of the
court | 888 |
shall assign the payment
in the manner
prescribed by the court. | 889 |
Section 3. The qualifications for office for judges of | 893 |
municipal courts, county courts, courts of common pleas, courts of | 894 |
appeals, and the Supreme Court that were in effect on the date | 895 |
immediately preceding the effective date of this section shall | 896 |
remain
unchanged for each judge in any of those courts until the | 897 |
end of
that term of that judge. The new qualifications for office | 898 |
for
judges of municipal courts, county courts, courts of common | 899 |
pleas,
courts of appeals, and the Supreme Court provided in this | 900 |
act
shall take effect for each judgeship in each of those courts | 901 |
when
a judge is elected to that judgeship on or after the | 902 |
effective
date of this section. | 903 |
Section 4. It is the intent of the General Assembly that | 904 |
courses that satisfy the requirements of the judicial candidate | 905 |
qualification program under section 2503.51 of the Revised Code | 906 |
may also count toward the continuing legal education requirement | 907 |
for attorneys under the Supreme Court Rules for the Government of | 908 |
the Bar of Ohio provided the course meets the requirements of Rule | 909 |
X of the Rules for the Government of the Bar. The General Assembly | 910 |
therefore respectfully requests that the Supreme Court modify its | 911 |
rules to put the General Assembly's intent into effect. | 912 |
Section 5. All items in this section are hereby appropriated | 913 |
as designated out of any moneys in the state treasury to the | 914 |
credit of the General Revenue Fund and State Special Revenue Fund | 915 |
Group. For all appropriations made in this act, the amounts in the | 916 |
first column are for fiscal year 2008, and the amounts in the | 917 |
second column are for fiscal year 2009. The appropriations made in | 918 |
this act are in addition to any other appropriations made for the | 919 |
2007-2009 biennium. | 920 |
Section 7. Sections 2503.60, 2743.191, 2743.70, and
2949.111 | 942 |
of the Revised Code and Sections 4, 5, and 6 of this act,
as | 943 |
amended or enacted in this act, are not subject to the | 944 |
referendum. Therefore, under Ohio Constitution, Article II, | 945 |
Section 1d and section 1.471 of the Revised Code those sections as | 946 |
amended or enacted by this act go into immediate effect when this | 947 |
act becomes law. | 948 |