As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 537


Representative Oelslager 

Cosponsors: Representatives McGregor, J., Hughes, Evans, Stebelton, Skindell, Huffman, Okey, Letson, Yuko, DeGeeter 

A BILL
To amend section 2701.10 of the Revised Code to 1
permit a civil action referred to a retired judge 2
for consideration and adjudication to be tried 3
and determined by a jury presided over by the 4
retired judge.5


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

       Section 1. That section 2701.10 of the Revised Code be 6
amended to read as follows:7

       Sec. 2701.10.  (A) As used in this section, "retired judge" 8
means any judge who retired from active service after election or 9
appointment to that judgeship without being defeated in an 10
election to retain the judgeship.11

        (B) This section applies to any civil action pending before 12
any court of common pleas, any division of the court of common 13
pleas, or any municipal court or county court, excluding a small 14
claims division of a municipal court or county court. If the 15
parties to a civil action seek a retired judge to preside over a 16
jury trial under this section, a jury trial may be had only if a 17
party to the action has properly made a demand for a jury trial in 18
accordance with Rule 38 of the Rules of Civil Procedure.19

        (C) Any voluntarily retired judge, or any judge who is 20
retired under Section 6 of Article IV, Ohio Constitution, may 21
register with the clerk of any court of common pleas, municipal 22
court, or county court for the purpose of receiving referrals for 23
adjudication of civil actions or proceedings, and submissions for 24
determination of specific issues or questions of fact or law in 25
any civil action or proceeding, pending in the courtfor 26
adjudication by the retired judge or for trial by jury to be 27
presided over by the retired judge. There is no limitation upon 28
the number, type, or location of courts with which a retired judge 29
may register under this division. Upon registration with the clerk30
of any court under this division, the retired judge is eligible to 31
receive referrals and submissions from that court, in accordance 32
with this section. Each court of common pleas, municipal court, 33
and county court shall maintain an index of all retired judges who 34
have registered with the clerk of that court pursuant to this 35
division and shall make the index available to any person, upon 36
request.37

       (B)(D)(1) The parties to any civil action or proceeding38
pending in any court of common pleas, municipal court, or county39
court unanimously may choose to have the action or proceeding in40
its entirety or specific issues or questions in the action41
referred for adjudication, or to have any specific issue or 42
question of fact or law in the action or proceeding submitted for 43
determination, to a retired judge of their choosing who has44
registered with the clerk of thatthe court in which the action is 45
pending in accordance with division (A)(C) of this section. If46

       If the parties unanimously do choose to have a referral or47
submission made to a retired judge pursuant to this section, all48
of the parties to the action or proceeding shall enter into a49
written agreement with the retired judge that does all of the50
following:51

       (a) Designates the retired judge to whom the referral or52
submission is to be made;53

       (b) If a submission is to be made, describesDescribes in 54
detail the specific issueissues or questionquestions to be 55
submitteddetermined in the action;56

       (c) Indicates either of the following:57

       (i) That the action or proceeding in its entirety is to be58
referred to, and is to be tried, determined, and adjudicated by59
that retired judge or by a jury presided over by the retired 60
judge;61

       (ii) Indicates that theThat any specific issue or question 62
in the action is to be submitted, and is to be tried and 63
determined by that retired judge.or by a jury presided over by 64
the retired judge;65

       (d) Indicates that the parties will assume the responsibility 66
for providing facilities, equipment, and personnel, and other 67
support reasonably needed bynecessary for the retired judge 68
during his consideration of or the jury to advance and consider69
the action or proceedingto determine a specific issue or question 70
in the action, and will pay all costs arising out of the provision 71
of the facilities, equipment, and personnel, and other support;72

       (e) Identifies an amount of compensation to be paid by the73
parties to the retired judge for histhe retired judge's services 74
and the manner of payment of the compensation.75

       (2) In any case described in division (B)(D)(1) of this76
section, the agreement shall be filed with the clerk of the court77
or the judge before whom the action or proceeding is pending. Upon 78
the filing of the agreement, the judge before whom the action or 79
proceeding is pending, by journal entry, shall order the referral 80
or submission in accordance with the agreement. No referral or 81
submission shall be made to a retired judge under this section,82
unless the parties to the action or proceeding unanimously choose 83
to have the referral or submission made, enter into an agreement 84
of the type described in division (B)(D)(1) of this section with 85
the retired judge, and file the agreement in accordance with this86
division (D)(2) of this section.87

       (C)(E) Upon the entry of an order of referral or submission88
in accordance with division (B)(D)(2) of this section, the retired89
judge to whom the referral or submission is made, relative to the90
action or proceeding referred or the issue or question submitted,91
shall have all of the powers, duties, and authority of an active92
judge of the court in which the action or proceeding is pending.93
The court in which the action or proceeding is pending is notIn 94
connection with a referral made under this section, no court is95
required to provide the parties and the retired judge with court 96
or other facilities, equipment, or personnel during his 97
consideration of the action, proceeding, issue, or question, or 98
other support. The retired judge shall not receive any 99
compensation, other than that agreed to by the parties and the 100
retired judge, for histhe retired judge's services during his 101
consideration ofto advance and consider the action, proceeding,102
or to determine a specific issue, or question in the action.103

       (D) A(F)(1) If no jury trial is had under this section, a104
retired judge to whom a referral is made under this section shall 105
try all or some of the issues in the action or proceeding, shall 106
prepare relevant findings of fact and conclusions of law, and 107
shall enter a judgment in the action or proceeding in the same 108
manner as if hethe retired judge were an active judge of the 109
court. A retired judge to whom a submission is made under this 110
section shall try the specific issue or question submitted, shall 111
prepare relevant findings of fact or conclusions of law, shall 112
make a determination on the issue or question submitted, and shall 113
file the findings, conclusions, and determination with the clerk 114
of the court in which the action or proceeding is pending.If a 115
party has properly demanded a trial by jury in accordance with 116
Rule 38 of the Rules of Civil Procedure, a retired judge to whom a 117
referral is made shall preside over the jury trial and 118
determination of all or some of the issues in the action. A trial 119
by a jury under this section shall be conducted, and a 120
determination by a jury under this section shall be made, in 121
accordance with the applicable provisions of Chapter 2315. of the 122
Revised Code and the Rules of Civil Procedure and in the same 123
manner as trials and determinations by a jury in civil actions. 124
The selection and summoning of jurors for a jury trial and 125
determination under this section shall be in accordance with the 126
applicable provisions of Chapter 2313. of the Revised Code. The 127
fees of the jurors sworn shall be taxed as costs pursuant to 128
section 2335.28 of the Revised Code. The jury commissioner or 129
clerk in charge of jurors shall make all of the necessary 130
arrangements to provide the jurors to the retired judge in the 131
same manner as jurors are provided pursuant to Chapter 2313. of 132
the Revised Code to the active judge of the court in which the 133
action is pending.134

        (2) Any judgment entered, and any finding of fact, conclusion 135
of law, or determination of an issue or question made, by a 136
retired judge or by a jury in accordance with this section shall 137
have the same force and effect as if it had been entered or made 138
by an active judge of the court or by a jury presided over by an 139
active judge of the court, and any appeal from the judgment, 140
finding, conclusion, or determination shall be made as if the 141
judgment had been entered, or the finding, conclusion, or 142
determination had been made, by an active judge of the court or by 143
a jury presided over by an active judge of the court.144

       (E)(G) The compensation of the jurors serving in a jury trial 145
of an action or a specific issue or question in the action under 146
this section shall be fixed in the same manner as in section 147
2313.34 of the Revised Code.148

        (H) Any judge who registers with any court in accordance with 149
division (A)(C) of this section may have histhe judge's name150
removed from the index of registered retired judges maintained by 151
that court at any time after the registration. On and after the 152
date of removal of the name of a retired judge from the index of a 153
court, the retired judge is not eligible under this section to 154
receive referrals or submissions from that court.155

       (F)(I) This section does not affect, and shall not be156
construed as affecting, the provisions of section 141.16 of the157
Revised Code. This section does not apply to any action or158
proceeding pending in a small claims division of a municipal court 159
or county court.160

       Section 2. That existing section 2701.10 of the Revised Code 161
is hereby repealed.162

       Section 3. The General Assembly hereby respectfully requests 163
the Supreme Court to modify Rule VI of the Rules for the 164
Government of the Judiciary, including the corresponding forms 3 165
and 4 appended to that Rule, pursuant to its authority under the 166
Ohio Constitution to make that Rule consistent with the amendments 167
of this act to section 2701.10 of the Revised Code. The General 168
Assembly further respectfully requests the Supreme Court to modify 169
Rules 38 and 39 of the Rules of Civil Procedure pursuant to its 170
authority under the Ohio Constitution to specify that those Rules 171
apply to civil actions or proceedings under section 2701.10 of the 172
Revised Code, as amended by this act.173