Cosponsors:
Senators Schuler, Grendell, Spada, Kearney, Austria, Boccieri, Buehrer, Cates, Harris
Representatives Blessing, Wagoner, Coley, Latta, Gerberry, Bacon, Batchelder, Seitz, Bolon, Brady, Budish, DeBose, Dodd, Domenick, Driehaus, Dyer, Flowers, Harwood, Hughes, Letson, Luckie, Mallory, McGregor, R., Mecklenborg, Schindel, Skindell, Strahorn, Yuko, Zehringer
| In the Cuyahoga Falls municipal court, one full-time judge | 124 |
|
shall be elected in 1953, and one full-time judge shall be elected | 125 |
|
in 1967. Effective December 31, 2008, the Cuyahoga Falls municipal | 126 |
|
court shall cease to exist; however, the judges of the Cuyahoga | 127 |
|
Falls municipal court who were elected pursuant to this section in | 128 |
|
2003 and 2007 for terms beginning on January 1, 2004, and January | 129 |
|
1, 2008, respectively, shall serve as full-time judges of the Stow | 130 |
|
municipal court until December 31, 2009, and December 31, 2013, | 131 |
|
respectively. | 132 |
| In the Hamilton county municipal court, five full-time judges | 191 |
|
shall be elected in 1967, five full-time judges shall be elected | 192 |
|
in 1971, two full-time judges shall be elected in 1981, and two | 193 |
|
full-time judges shall be elected in 1983. All terms of judges of | 194 |
|
the Hamilton county municipal court shall commence on the first | 195 |
|
day of January next after their election, except that the terms of | 196 |
|
the additional judges to be elected in 1981 shall commence on | 197 |
|
January 2, 1982, and January 3, 1982, and that the terms of the | 198 |
|
additional judges to be elected in 1983 shall commence on January | 199 |
|
4, 1984, and January 5, 1984. | 200 |
| In the Stow municipal court, one full-time judge shall be | 348 |
|
elected in 2009, and one full-time judge shall be elected in 2013. | 349 |
|
Beginning January 1, 2009, the judge of the Cuyahoga Falls | 350 |
|
municipal court that existed prior to that date whose term | 351 |
|
commenced on January 1, 2008, shall serve as a full-time judge of | 352 |
|
the Stow municipal court until December 31, 2013. Beginning | 353 |
|
January 1, 2009, the judge of the Cuyahoga Falls municipal court | 354 |
|
that existed prior to that date whose term commenced on January 1, | 355 |
|
2004, shall serve as a full-time judge of the Stow municipal court | 356 |
|
until December 31, 2009. | 357 |
In the Upper Sandusky municipal court, one part-time | 367 |
full-time judge
shall be elected in 19572011. The part-time judge | 368 |
|
elected in 2005, whose term commenced on January 1, 2006, shall | 369 |
|
serve as a full-time judge on and after January 1, 2008, until the | 370 |
|
expiration of that judge's term on December 31, 2011, and the | 371 |
|
office of that judge is abolished on January 1, 2012. | 372 |
| Sec. 2101.025. Effective February 9, 2009, the probate judge | 405 |
|
of the court of common pleas of Champaign county shall have all | 406 |
|
the powers relating to the domestic relations-juvenile-probate | 407 |
|
division of the court of common pleas of Champaign county, as | 408 |
|
established pursuant to division (DD)(1) of section 2301.03 of the | 409 |
|
Revised Code, and shall exercise concurrent jurisdiction with the | 410 |
|
judges of the domestic relations-juvenile-probate division of the | 411 |
|
court of common pleas of Champaign county over matters that are | 412 |
|
within the jurisdiction of the domestic relations-juvenile-probate | 413 |
|
division, as set forth in division (DD)(1) of section 2301.03 of | 414 |
|
the Revised Code. | 415 |
| Whenever the juvenile judge of the juvenile court is sick, is | 420 |
|
absent from the county, or is unable to attend court, or the | 421 |
|
volume of
cases pending in court necessitates it, upon the request | 422 |
|
of the
administrative juvenile
judge, the presiding judge of the | 423 |
court of common pleas pursuant to
division
(DD)(EE) of section | 424 |
|
2301.03
of the Revised Code shall
assign a judge of any division | 425 |
|
of the
court of common pleas of the
county to act
in the juvenile | 426 |
|
judge's place or in conjunction with
the juvenile judge. If no | 427 |
|
judge of the court
of common pleas is
available for that purpose, | 428 |
|
the chief justice of the
supreme
court shall assign a judge of the | 429 |
|
court of common pleas, a
juvenile judge, or a probate judge from
a | 430 |
|
different
county to act
in the place of that juvenile judge or
in | 431 |
|
conjunction with
that juvenile
judge. The assigned judge
shall | 432 |
|
receive the compensation and expenses for so
serving that
is | 433 |
|
provided by law for judges assigned to hold court in courts of | 434 |
|
common pleas. | 435 |
| In Erie county, four judges, one to be elected in 1956, term | 488 |
|
to begin January 1, 1957, the second to be elected in 1970,
term | 489 |
|
to begin January 2, 1971, the third to be elected in 2004, term to | 490 |
|
begin January 2, 2005, and the fourth to be elected in 2008, term | 491 |
|
to begin February 9, 2009; | 492 |
| In Greene county, four judges, one to be elected in 1956, | 500 |
|
term to begin February 9, 1957, the second to be elected in 1960, | 501 |
|
term to begin January 1, 1961, the third to be elected in 1978, | 502 |
|
term to begin January 2, 1979, and the fourth to be elected in | 503 |
|
1994, term to begin January 1, 1995; | 504 |
| In Warren county,
four judges, one to be elected in
1954, | 540 |
|
term to begin February 9, 1955, the second to be elected in
1970, | 541 |
|
term to begin January 1, 1971,
the third to be elected
in
1986, | 542 |
|
term to begin January 1, 1987, and the fourth to be
elected in | 543 |
|
2004, term to begin January 2, 2005; | 544 |
| In Clark county, four judges, one to be elected in 1952,
term | 555 |
|
to begin January 1, 1953, the second to be elected in 1956,
term | 556 |
|
to begin January 2, 1957, the third to be elected in 1986,
term to | 557 |
|
begin January 3, 1987, and the fourth to be elected in
1994, term | 558 |
|
to begin January 2, 1995. | 559 |
| In Clermont county, five judges, one to be elected in 1956, | 560 |
|
term to begin January 1, 1957, the second to be elected in 1964, | 561 |
|
term to begin January 1, 1965, the third to be elected in 1982, | 562 |
|
term to begin January 2, 1983, the fourth to be elected in
1986, | 563 |
|
term to begin January 2, 1987; and the fifth to be elected in | 564 |
|
2006, term to begin January 3, 2007; | 565 |
| In Lake county, six judges, one to be elected in 1958,
term | 572 |
|
to begin January 1, 1959, the second to be elected in 1960,
term | 573 |
|
to begin January 2, 1961, the third to be elected in 1964,
term to | 574 |
|
begin January 3, 1965, the fourth and fifth to be
elected in 1978, | 575 |
|
terms to begin January 4, 1979, and January
5, 1979, respectively, | 576 |
|
and the sixth to be elected in 2000, term to
begin January 6, | 577 |
|
2001; | 578 |
| In Lorain county, ten judges, two to be elected in 1952, | 584 |
|
terms to begin January 1, 1953, and January 2, 1953,
respectively, | 585 |
|
one to be elected in 1958, term to begin January 3,
1959, one to | 586 |
|
be elected in 1968, term to begin January 1, 1969,
two to be | 587 |
|
elected in 1988, terms to begin January 4, 1989,
and January 5, | 588 |
|
1989, respectively, two to be elected in 1998, terms to
begin | 589 |
|
January 2, 1999, and January 3, 1999, respectively; one to be | 590 |
|
elected in 2006, term to begin January 6, 2007; and one to be | 591 |
|
elected in 2008, term to begin February 9, 2009, as described in | 592 |
|
division (C)(1)(c) of section 2301.03 of the Revised Code; | 593 |
| In Butler county,
eleven judges, one to be elected in
1956, | 594 |
|
term to begin January 1, 1957; two to be elected in 1954,
terms
to | 595 |
|
begin January 1, 1955, and February 9, 1955,
respectively; one
to | 596 |
|
be elected in 1968, term to begin January 2,
1969; one to be | 597 |
|
elected in 1986, term to begin January 3, 1987;
two to be elected | 598 |
|
in 1988, terms to begin January 1, 1989, and
January 2, 1989, | 599 |
|
respectively;
one to be elected in 1992, term
to begin
January 4, | 600 |
|
1993;
two to be elected in 2002,
terms to
begin
January
2,
2003, | 601 |
|
and January 3, 2003, respectively; and one to be elected in 2006, | 602 |
|
term to begin January 3, 2007; | 603 |
| In Richland county, four judges, one to be elected in
1956, | 604 |
|
term to begin January 1, 1957, the second to be elected in
1960, | 605 |
|
term to begin February 9, 1961, the third to be elected
in
1968, | 606 |
|
term to begin January 2, 1969, and the fourth to be elected in | 607 |
|
2004, term to begin January 3, 2005; | 608 |
| In Trumbull county, six judges, one to be elected in 1952, | 615 |
|
term to begin January 1, 1953, the second to be elected in 1954, | 616 |
|
term to begin January 1, 1955, the third to be elected in 1956, | 617 |
|
term to begin January 1, 1957, the fourth to be elected in 1964, | 618 |
|
term to begin January 1, 1965, the fifth to be elected in 1976, | 619 |
|
term to begin January 2, 1977, and the sixth to be elected
in | 620 |
|
1994, term to begin January 3, 1995; | 621 |
| (C) In Cuyahoga county, thirty-nine judges; eight to be | 622 |
|
elected in 1954, terms to begin on successive days beginning from | 623 |
|
January 1, 1955, to January 7, 1955, and February 9, 1955, | 624 |
|
respectively; eight to be elected in 1956, terms to begin on | 625 |
|
successive days beginning from January 1, 1957, to January 8, | 626 |
|
1957; three to be elected in 1952, terms to begin from January 1, | 627 |
|
1953, to January 3, 1953; two to be elected in 1960, terms to | 628 |
|
begin on January 8, 1961, and January 9, 1961, respectively; two | 629 |
|
to be elected in 1964, terms to begin January 4, 1965, and
January | 630 |
|
5, 1965, respectively; one to be elected in 1966, term to
begin on | 631 |
|
January 10, 1967; four to be elected in 1968, terms to
begin on | 632 |
|
successive days beginning from January 9, 1969, to
January 12, | 633 |
|
1969; two to be elected in 1974, terms to begin on
January 18, | 634 |
|
1975, and January 19, 1975, respectively; five to be
elected in | 635 |
|
1976, terms to begin on successive days beginning
January 6, 1977, | 636 |
|
to January 10, 1977; two to be elected in 1982,
terms to begin | 637 |
|
January 11, 1983, and January 12, 1983,
respectively; and two to | 638 |
|
be elected in 1986, terms to begin
January 13, 1987, and January | 639 |
|
14, 1987, respectively; | 640 |
| In Franklin county, twenty-two judges; two to be elected
in | 641 |
|
1954, terms to begin January 1, 1955, and February 9, 1955, | 642 |
|
respectively; four to be elected in 1956, terms to begin January | 643 |
|
1, 1957, to January 4, 1957; four to be elected in 1958, terms to | 644 |
|
begin January 1, 1959, to January 4, 1959; three to be elected in | 645 |
|
1968, terms to begin January 5, 1969, to January 7, 1969; three
to | 646 |
|
be elected in 1976, terms to begin on successive days
beginning | 647 |
|
January 5, 1977, to January 7, 1977; one to be elected
in 1982, | 648 |
|
term to begin January 8, 1983; one to be elected in
1986, term to | 649 |
|
begin January 9, 1987; two to be elected in
1990, terms to begin | 650 |
|
July 1, 1991, and July 2, 1991,
respectively; one to be
elected in | 651 |
|
1996, term to begin
January 2, 1997; and one to be elected in | 652 |
|
2004, term to begin July 1, 2005; | 653 |
| In Hamilton county, twenty-one judges; eight to be
elected in | 654 |
|
1966, terms to begin January 1, 1967, January 2, 1967, and from | 655 |
|
February 9, 1967, to February 14, 1967, respectively; five to be | 656 |
|
elected in 1956, terms to begin from January 1, 1957, to January | 657 |
|
5, 1957; one to be elected in 1964, term to begin January 1,
1965; | 658 |
|
one to be elected in 1974, term to begin January 15, 1975;
one to | 659 |
|
be elected in 1980, term to begin January 16, 1981; two to
be | 660 |
|
elected at large in the general election in 1982, terms to
begin | 661 |
|
April 1, 1983; one to be elected in 1990, term to begin
July 1, | 662 |
|
1991; and two to be elected in 1996, terms to begin
January 3, | 663 |
|
1997, and January 4, 1997, respectively; | 664 |
| In Lucas county, fourteen judges; two to be elected in
1954, | 665 |
|
terms to begin January 1, 1955, and February 9, 1955, | 666 |
|
respectively; two to be elected in 1956, terms to begin January
1, | 667 |
|
1957, and October 29, 1957, respectively; two to be elected in | 668 |
|
1952, terms to begin January 1, 1953, and January 2, 1953, | 669 |
|
respectively; one to be elected in 1964, term to begin January 3, | 670 |
|
1965; one to be elected in 1968, term to begin January 4, 1969; | 671 |
|
two to be elected in 1976, terms to begin January 4, 1977, and | 672 |
|
January 5, 1977, respectively; one to be elected in 1982, term to | 673 |
|
begin January 6, 1983; one to be elected in 1988, term to begin | 674 |
|
January 7, 1989; one to be elected in 1990, term to begin January | 675 |
|
2, 1991; and one to be elected in 1992, term to begin January 2, | 676 |
|
1993; | 677 |
| In Mahoning county, seven judges; three to be elected in | 678 |
|
1954, terms to begin January 1, 1955, January 2, 1955, and | 679 |
|
February 9, 1955, respectively; one to be elected in 1956, term
to | 680 |
|
begin January 1, 1957; one to be elected in 1952, term to
begin | 681 |
|
January 1, 1953; one to be elected in 1968, term to begin
January | 682 |
|
2, 1969; and one to be elected in 1990, term to begin
July 1, | 683 |
|
1991; | 684 |
| In Montgomery county, fifteen judges; three to be elected
in | 685 |
|
1954, terms to begin January 1, 1955, January 2, 1955, and
January | 686 |
|
3, 1955, respectively; four to be elected in 1952, terms
to begin | 687 |
|
January 1, 1953, January 2, 1953, July 1, 1953, and July 2,
1953, | 688 |
|
respectively; one to be elected in 1964, term to begin
January 3, | 689 |
|
1965; one to be elected in 1968, term to begin January
3, 1969; | 690 |
|
three to be elected in 1976, terms to begin on
successive days | 691 |
|
beginning January 4, 1977, to January 6, 1977;
two to be elected | 692 |
|
in 1990, terms to begin July 1, 1991, and July
2, 1991, | 693 |
|
respectively; and one to be elected in 1992, term to
begin January | 694 |
|
1, 1993. | 695 |
| In Stark county, eight judges; one to be elected in 1958, | 696 |
|
term to begin on January 2, 1959; two to be elected in 1954,
terms | 697 |
|
to begin on January 1, 1955, and February 9, 1955,
respectively; | 698 |
|
two to be elected in 1952, terms to begin January
1, 1953, and | 699 |
|
April 16, 1953, respectively; one to be elected in
1966, term to | 700 |
|
begin on January 4, 1967; and two to be elected in
1992, terms to | 701 |
|
begin January 1, 1993, and January 2, 1993,
respectively; | 702 |
| In Summit county, thirteen judges; four to be elected in | 703 |
|
1954,
terms to begin January 1, 1955, January 2, 1955, January 3, | 704 |
|
1955,
and February 9, 1955, respectively; three to be elected in | 705 |
|
1958,
terms to begin January 1, 1959, January 2, 1959, and May
17, | 706 |
|
1959,
respectively; one to be elected in 1966, term to begin | 707 |
|
January 4,
1967; one to be elected in 1968, term to begin January | 708 |
|
5, 1969;
one to be elected in 1990, term to begin May 1, 1991;
one | 709 |
|
to
be elected in 1992, term to begin January 6, 1993; and two to | 710 |
|
be elected in 2008, terms to begin January 5, 2009, and January 6, | 711 |
|
2009, respectively. | 712 |
| Notwithstanding the foregoing provisions, in any county | 713 |
|
having two or more judges of the court of common pleas, in which | 714 |
|
more than one-third of the judges plus one were previously
elected | 715 |
|
at the same election, if the office of one of those
judges so | 716 |
|
elected becomes vacant more than forty days prior to
the second | 717 |
|
general election preceding the expiration of that
judge's term, | 718 |
|
the office that that judge had filled shall be
abolished as of the | 719 |
|
date of the next general election, and a new
office of judge of | 720 |
|
the court of common pleas shall be created. The judge who
is to | 721 |
|
fill that new office shall be elected for a
six-year term at the | 722 |
|
next general election, and the term
of that judge shall commence | 723 |
|
on the first day of the year following
that general
election, on | 724 |
|
which day no other judge's term begins, so that the
number of | 725 |
|
judges that the county shall elect shall
not be
reduced. | 726 |
| Judges of the probate division of the court of common pleas | 727 |
|
are judges of the court of common pleas but shall be elected | 728 |
|
pursuant to sections 2101.02 and 2101.021 of the Revised Code, | 729 |
|
except in Adams, Harrison, Henry, Morgan, Noble, and
Wyandot | 730 |
|
counties in which the judge of the court of common pleas
elected | 731 |
|
pursuant to this section also shall serve as judge
of the
probate | 732 |
|
division, except in Lorain county in which the judges of the | 733 |
|
domestic relations division of the Lorain county court of common | 734 |
|
pleas elected pursuant to this section also shall perform the | 735 |
|
duties and functions of the judge of the probate division, and | 736 |
|
except in Morrow county in which the judges of the court of common | 737 |
|
pleas elected pursuant to this section also shall perform the | 738 |
|
duties and functions of the judge of the probate division. | 739 |
| Sec. 2301.03. (A) In Franklin county, the judges of the | 740 |
|
court of common pleas whose terms begin on January 1, 1953, | 741 |
|
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, | 742 |
|
1997, and
successors, shall have the same qualifications, exercise | 743 |
|
the same
powers and jurisdiction, and receive the same | 744 |
|
compensation as
other judges of the court of common pleas of | 745 |
|
Franklin county and
shall be elected and designated as judges of | 746 |
|
the court of common
pleas, division of domestic relations. They | 747 |
|
shall have all the
powers relating to juvenile courts, and all | 748 |
|
cases under
Chapters 2151. and 2152. of the Revised Code,
all | 749 |
|
parentage proceedings under
Chapter 3111. of the Revised Code over | 750 |
|
which the juvenile court
has jurisdiction, and all divorce, | 751 |
|
dissolution of marriage, legal
separation, and annulment cases | 752 |
|
shall be assigned to them. In
addition to the judge's regular | 753 |
|
duties, the judge who is
senior in point
of service shall serve on | 754 |
|
the children services board and the
county advisory board and | 755 |
|
shall be the administrator of the
domestic relations division and | 756 |
|
its subdivisions and departments. | 757 |
| (1) The judge of the court of
common pleas, whose term
begins | 759 |
|
on January 1, 1957, and
successors, and the judge of the
court of | 760 |
|
common pleas, whose
term begins on February 14, 1967, and | 761 |
|
successors, shall be the
juvenile judges as provided in Chapters | 762 |
|
2151.
and 2152. of the Revised Code,
with the powers and | 763 |
|
jurisdiction conferred by those
chapters. | 764 |
| (2) The judges of the court of common pleas whose terms
begin | 765 |
|
on January 5, 1957, January 16, 1981, and July 1, 1991, and | 766 |
|
successors, shall be elected and designated as judges of the
court | 767 |
|
of common pleas, division of domestic relations, and shall
have | 768 |
|
assigned to them all divorce, dissolution of marriage, legal | 769 |
|
separation, and annulment cases coming before the court. On or | 770 |
|
after the first day of July and before the first day of August of | 771 |
|
1991 and each year thereafter, a majority of the judges of the | 772 |
|
division of domestic relations shall elect one of the judges of | 773 |
|
the division as administrative judge of that division. If a | 774 |
|
majority of the judges of the division of domestic relations are | 775 |
|
unable for any reason to elect an
administrative judge for the | 776 |
|
division before the first day of
August, a majority of the judges | 777 |
|
of the Hamilton
county court of common pleas, as soon as possible | 778 |
|
after that
date, shall elect one of the judges of the division of | 779 |
|
domestic
relations as administrative judge of that division. The | 780 |
|
term of
the administrative judge shall begin on the earlier of the | 781 |
|
first
day of August of the year in which the administrative judge | 782 |
|
is elected or
the date on which the administrative judge is | 783 |
|
elected by a
majority of the
judges of the Hamilton
county court | 784 |
|
of common pleas and shall terminate on the date on
which the | 785 |
|
administrative judge's successor is elected in the
following
year. | 786 |
| In addition to the judge's regular duties, the
administrative | 787 |
|
judge
of the division of domestic relations shall be the | 788 |
|
administrator
of the domestic relations division and its | 789 |
|
subdivisions and
departments and shall have charge of the | 790 |
|
employment, assignment,
and supervision of the personnel of the | 791 |
|
division engaged in
handling, servicing, or investigating divorce, | 792 |
|
dissolution of
marriage, legal separation, and annulment cases, | 793 |
|
including any
referees considered necessary by the judges in the | 794 |
|
discharge of
their various duties. | 795 |
| The administrative judge of the division of domestic | 796 |
|
relations also shall designate the title, compensation, expense | 797 |
|
allowances, hours, leaves of absence, and vacations of the | 798 |
|
personnel of the division, and shall fix the duties of its | 799 |
|
personnel. The duties of the personnel, in addition to those | 800 |
|
provided for in other sections of the Revised Code, shall include | 801 |
|
the handling, servicing, and investigation of divorce,
dissolution | 802 |
|
of marriage, legal separation, and annulment cases
and counseling | 803 |
|
and conciliation services that may be made
available to persons | 804 |
|
requesting them, whether or not the persons
are parties to an | 805 |
|
action pending in the division. | 806 |
| The board of county commissioners shall appropriate the sum | 807 |
|
of money each year as will meet all the administrative expenses
of | 808 |
|
the division of domestic relations, including reasonable
expenses | 809 |
|
of the domestic relations judges and the division
counselors and | 810 |
|
other employees designated to conduct the
handling, servicing, and | 811 |
|
investigation of divorce, dissolution of
marriage, legal | 812 |
|
separation, and annulment cases, conciliation and
counseling, and | 813 |
|
all matters relating to those cases and
counseling, and the | 814 |
|
expenses involved in the attendance of
division personnel at | 815 |
|
domestic relations and welfare conferences
designated by the | 816 |
|
division, and the further sum each year as will
provide for the | 817 |
|
adequate operation of the division of domestic
relations. | 818 |
| The summonses, warrants, citations, subpoenas, and other | 824 |
|
writs of the division may issue to a bailiff, constable, or staff | 825 |
|
investigator of the division or to the sheriff of any county or | 826 |
|
any marshal, constable, or police officer, and the provisions of | 827 |
|
law relating to the subpoenaing of witnesses in other cases shall | 828 |
|
apply insofar as they are applicable. When a summons, warrant, | 829 |
|
citation, subpoena, or other writ is issued to an officer, other | 830 |
|
than a bailiff, constable, or staff investigator of the division, | 831 |
|
the expense of serving it shall be assessed as a part of the
costs | 832 |
|
in the case involved. | 833 |
| (3) The judge of the court of common pleas of
Hamilton
county | 834 |
whose term begins on
January 3, 1997,
and the successorsuccessors | 835 |
to
that
judge whose term begins on January 3, 2003, shall
each be | 836 |
elected
and
designated for one term only as the drug court judge | 837 |
of the
court
of common
pleas of
Hamilton
county. The
successors | 838 |
to
the
judge
whose term begins on January 3, 2003,
shall be | 839 |
elected
and
designated as judges
of the general
division
of the | 840 |
court of
common pleas
of Hamilton
county and shall
not have
the | 841 |
authority
granted by division (B)(3)
of this
section.
The drug | 842 |
|
court judge
may accept or reject any
case referred to the
drug | 843 |
|
court judge
under division (B)(3) of
this
section. After the
drug | 844 |
|
court judge
accepts a referred case,
the drug court
judge has | 845 |
|
full
authority
over the case, including
the authority to
conduct | 846 |
|
arraignment,
accept pleas, enter findings
and dispositions, | 847 |
|
conduct
trials,
order treatment, and if
treatment is not | 848 |
|
successfully completed
pronounce and enter
sentence. | 849 |
| A judge of the general division of the court of common pleas | 850 |
|
of
Hamilton
county and a judge of the
Hamilton
county municipal | 851 |
|
court may refer to
the drug court judge any case,
and any | 852 |
|
companion cases, the judge determines
meet the criteria
described | 853 |
|
under divisions
(B)(3)(a) and
(b) of this section. If
the drug | 854 |
|
court judge accepts
referral of a referred case, the
case, and any | 855 |
|
companion cases, shall be
transferred
to the drug
court judge. A | 856 |
|
judge may refer a case meeting the criteria
described in divisions | 857 |
|
(B)(3)(a)
and (b) of this section that
involves a violation of
a | 858 |
|
condition of a community control sanction to the drug court
judge, | 859 |
|
and, if the drug court
judge
accepts
the referral, the
referring | 860 |
|
judge and the drug court
judge have
concurrent
jurisdiction over | 861 |
|
the case. | 862 |
| (ii) The case involves a theft offense, as defined in
section | 874 |
|
2913.01 of the Revised
Code, that is a felony of the third
or | 875 |
|
fourth
degree if the offense is committed prior to July 1,
1996, a | 876 |
|
felony of
the third, fourth, or fifth degree if the
offense is | 877 |
|
committed on or after
July 1, 1996, or a misdemeanor,
and the | 878 |
|
defendant is drug or alcohol
dependent or in danger of
becoming | 879 |
|
drug or alcohol dependent and would benefit
from
treatment. | 880 |
| (4) If the administrative judge of the court of common pleas | 895 |
|
of
Hamilton county determines that the volume of cases pending | 896 |
|
before
the drug court judge does not constitute a sufficient | 897 |
|
caseload for the drug
court judge, the administrative judge, in | 898 |
|
accordance with the Rules
of Superintendence for Courts of Common | 899 |
|
Pleas, shall assign individual cases to the drug court judge from | 900 |
|
the
general docket of the court. If the assignments so occur, the | 901 |
|
administrative
judge shall cease the assignments when the | 902 |
|
administrative judge determines
that the volume of cases pending | 903 |
|
before the drug court judge constitutes a
sufficient caseload for | 904 |
|
the drug court judge. | 905 |
| (a) The judges of the court of common
pleas whose terms begin | 911 |
|
on January 3, 1959, January 4, 1989,
January 2, 1999, and | 912 |
|
February 9, 2009,
and successors, shall have the same | 913 |
|
qualifications, exercise the
same powers and jurisdiction, and | 914 |
|
receive the same compensation
as the other judges of the court of | 915 |
|
common pleas of Lorain county
and shall be elected and designated | 916 |
|
as the judges of the court of
common pleas, division of domestic | 917 |
|
relations. They shall have
all of the powers relating to juvenile | 918 |
|
courts, and all cases
under Chapters 2151. and 2152.
of the | 919 |
|
Revised Code, all parentage
proceedings over which the juvenile | 920 |
|
court has jurisdiction, and
all divorce, dissolution of marriage, | 921 |
|
legal separation, and
annulment cases shall be assigned to them, | 922 |
|
except cases
that for some special reason are assigned to some | 923 |
|
other judge of
the court of common pleas. | 924 |
| (b) On and after January 1, 2006, the judges of the court of | 925 |
|
common pleas, division of domestic relations, in addition to the | 926 |
|
powers and jurisdiction set forth in division (C)(1)(a) of this | 927 |
|
section, shall have jurisdiction over matters that are within the | 928 |
|
jurisdiction of the probate court under Chapter 2101. and other | 929 |
|
provisions of the Revised Code. From January 1, 2006, through | 930 |
|
February 8, 2009, the judges of the court of common pleas, | 931 |
|
division of domestic relations, shall exercise probate | 932 |
|
jurisdiction concurrently with the probate judge. | 933 |
|
(2)(a) From January 1, 2006, through February 8, 2009, with | 938 |
|
respect to Lorain county, all references in law to the probate | 939 |
|
court shall be construed as references to both the probate court | 940 |
|
and the court of common pleas, division of domestic relations, and | 941 |
|
all references in law to the probate judge shall be construed as | 942 |
|
references to both the probate judge and the judges of the court | 943 |
|
of common pleas, division of domestic relations. On and after | 944 |
|
February 9, 2009, with respect to Lorain county, all references in | 945 |
|
law to the probate court shall be construed as references to the | 946 |
|
court of common pleas, division of domestic relations, and all | 947 |
|
references to the probate judge shall be construed as references | 948 |
|
to the judges of the court of common pleas, division of domestic | 949 |
|
relations. | 950 |
| (1) The judges of the court of common
pleas whose terms
begin | 958 |
|
on January 1, 1955, and January 3, 1965,
and successors,
shall | 959 |
|
have the same qualifications, exercise the
same powers and | 960 |
|
jurisdiction, and receive the same compensation
as other judges of | 961 |
|
the court of common pleas of Lucas county and
shall be elected and | 962 |
|
designated as judges of the court of common
pleas, division of | 963 |
|
domestic relations. All divorce, dissolution
of marriage, legal | 964 |
|
separation, and annulment cases shall be
assigned to them. | 965 |
| (2) The judges of the court of common pleas whose terms
begin | 972 |
|
on January 5, 1977, and January 2, 1991, and successors
shall have | 973 |
|
the same qualifications, exercise the same powers and | 974 |
|
jurisdiction, and receive the same compensation as other judges
of | 975 |
|
the court of common pleas of Lucas county, shall be elected
and | 976 |
|
designated as judges of the court of common pleas, juvenile | 977 |
|
division, and shall be the juvenile judges as provided in
Chapters | 978 |
|
2151. and 2152. of the Revised Code
with the powers and | 979 |
|
jurisdictions
conferred by those chapters. In addition to the | 980 |
|
judge's
regular duties,
the judge of the court of common pleas, | 981 |
|
juvenile division, senior
in point of service, shall be the | 982 |
|
administrator of the juvenile
division and its subdivisions and | 983 |
|
departments and shall have
charge of the employment, assignment, | 984 |
|
and supervision of the
personnel of the division engaged in | 985 |
|
handling, servicing, or
investigating juvenile cases, including | 986 |
|
any referees considered
necessary by the judges of the division in | 987 |
|
the discharge of their
various duties. | 988 |
| The judge of the court of common pleas, juvenile division, | 989 |
|
senior in point of service, also shall designate the title, | 990 |
|
compensation, expense allowance, hours, leaves of absence, and | 991 |
|
vacation of the personnel of the division and shall fix the
duties | 992 |
|
of the personnel of the division. The duties of the
personnel, in | 993 |
|
addition to other statutory duties include the
handling, | 994 |
|
servicing, and investigation of juvenile cases and
counseling and | 995 |
|
conciliation services that may be made available
to persons | 996 |
|
requesting them, whether or not the persons are
parties to an | 997 |
|
action pending in the division. | 998 |
| (1) The judge of the court of
common pleas whose term began | 1006 |
|
on January 1, 1955, and successors,
shall have the same | 1007 |
|
qualifications, exercise the same powers and
jurisdiction, and | 1008 |
|
receive the same compensation as other judges
of the court of | 1009 |
|
common pleas of Mahoning county, shall be elected
and designated | 1010 |
|
as judge of the court of common pleas, division of
domestic | 1011 |
|
relations, and shall be assigned all
the
divorce, dissolution of | 1012 |
|
marriage, legal separation, and annulment
cases coming before the | 1013 |
|
court. In addition to the judge's
regular duties, the judge of
the | 1014 |
|
court of common pleas, division of
domestic relations, shall
be | 1015 |
|
the administrator of the domestic
relations division and its | 1016 |
|
subdivisions and departments and shall
have charge of the | 1017 |
|
employment, assignment, and supervision of the
personnel of the | 1018 |
|
division engaged in handling, servicing, or
investigating divorce, | 1019 |
|
dissolution of marriage, legal separation,
and annulment cases, | 1020 |
|
including any referees considered necessary
in the discharge of | 1021 |
|
the various duties of the judge's
office. | 1022 |
| The judge also shall designate the title, compensation, | 1023 |
|
expense allowances, hours, leaves of absence, and vacations of
the | 1024 |
|
personnel of the division and shall fix the duties of the | 1025 |
|
personnel of the division. The duties of the personnel, in | 1026 |
|
addition to other statutory duties, include the handling, | 1027 |
|
servicing, and investigation of divorce, dissolution of marriage, | 1028 |
|
legal separation, and annulment cases and counseling and | 1029 |
|
conciliation services that may be made available to persons | 1030 |
|
requesting them, whether or not the persons are parties to an | 1031 |
|
action pending in the division. | 1032 |
| (2) The judge of the court of common pleas whose term
began | 1033 |
|
on January 2, 1969, and successors, shall have the same | 1034 |
|
qualifications, exercise the same powers and jurisdiction, and | 1035 |
|
receive the same compensation as other judges of the court of | 1036 |
|
common pleas of Mahoning county, shall be elected and designated | 1037 |
|
as judge of the court of common pleas, juvenile division, and | 1038 |
|
shall
be the juvenile judge as provided in Chapters
2151. and | 1039 |
|
2152. of the Revised
Code, with the powers and jurisdictions | 1040 |
|
conferred by those chapters. In addition to the judge's regular | 1041 |
|
duties,
the
judge of the
court of common pleas, juvenile division, | 1042 |
|
shall be the
administrator of the juvenile division and its | 1043 |
|
subdivisions and
departments and shall have charge of the | 1044 |
|
employment, assignment,
and supervision of the personnel of the | 1045 |
|
division engaged in
handling, servicing, or investigating juvenile | 1046 |
|
cases, including
any referees considered necessary by the judge in | 1047 |
|
the discharge
of the judge's various duties. | 1048 |
| The judge also shall designate the title, compensation, | 1049 |
|
expense allowances, hours, leaves of absence, and vacation of the | 1050 |
|
personnel of the division and shall fix the duties of the | 1051 |
|
personnel of the division. The duties of the personnel, in | 1052 |
|
addition to other statutory duties, include the handling, | 1053 |
|
servicing, and investigation of juvenile cases and counseling and | 1054 |
|
conciliation services that may be made available to persons | 1055 |
|
requesting them, whether or not the persons are parties to an | 1056 |
|
action pending in the division. | 1057 |
| (1) The judges of the court of
common pleas whose terms
begin | 1065 |
|
on January 2, 1953, and January 4,
1977, and successors,
shall | 1066 |
|
have the same qualifications,
exercise the same powers and | 1067 |
|
jurisdiction, and receive the same
compensation as other judges of | 1068 |
|
the court of common pleas of
Montgomery county and shall be | 1069 |
|
elected and designated as judges
of the court of common pleas, | 1070 |
|
division of domestic relations.
These judges shall have assigned | 1071 |
|
to them all divorce, dissolution
of marriage, legal separation, | 1072 |
|
and annulment cases. | 1073 |
| The judge of the division of domestic relations, senior in | 1074 |
|
point of service, shall be charged exclusively with the
assignment | 1075 |
|
and division of the work of the division and shall
have charge of | 1076 |
|
the employment and supervision of the personnel of
the division | 1077 |
|
engaged in handling, servicing, or investigating
divorce, | 1078 |
|
dissolution of marriage, legal separation, and annulment
cases, | 1079 |
|
including any necessary referees, except those employees
who may | 1080 |
|
be appointed by the judge, junior in point of service,
under this | 1081 |
|
section and sections 2301.12, 2301.18, and 2301.19 of
the Revised | 1082 |
|
Code. The judge of the division of domestic
relations, senior in | 1083 |
|
point of service, also shall designate the
title, compensation, | 1084 |
|
expense allowances, hours, leaves of
absence, and vacation of the | 1085 |
|
personnel of the division and shall
fix their duties. | 1086 |
| (2) The judges of the court of common pleas whose terms
begin | 1087 |
|
on January 1, 1953, and January 1, 1993, and successors,
shall | 1088 |
|
have the same qualifications, exercise the same powers and | 1089 |
|
jurisdiction, and receive the same compensation as other judges
of | 1090 |
|
the court of common pleas of Montgomery county, shall be
elected | 1091 |
|
and designated as judges of the court of common pleas,
juvenile | 1092 |
|
division, and shall be, and have the powers and
jurisdiction of, | 1093 |
|
the juvenile judge as provided in
Chapters 2151. and 2152. of the | 1094 |
|
Revised Code. | 1095 |
| In addition to the judge's regular duties, the judge of the | 1096 |
|
court
of common pleas, juvenile division, senior in point of | 1097 |
|
service,
shall be the administrator of the juvenile division and | 1098 |
|
its
subdivisions and departments and shall have charge of the | 1099 |
|
employment, assignment, and supervision of the personnel of the | 1100 |
|
juvenile division, including any necessary referees, who are | 1101 |
|
engaged in handling, servicing, or investigating juvenile cases. | 1102 |
|
The judge, senior in point of service, also shall designate the | 1103 |
|
title, compensation, expense allowances, hours, leaves of
absence, | 1104 |
|
and vacation of the personnel of the division and shall
fix their | 1105 |
|
duties. The duties of the personnel, in addition to
other | 1106 |
|
statutory duties, shall include the handling, servicing,
and | 1107 |
|
investigation of juvenile cases and of any counseling and | 1108 |
|
conciliation services that are available upon request to persons, | 1109 |
|
whether or not they are parties to an action pending in the | 1110 |
|
division. | 1111 |
| (1) The judge of the court of common
pleas whose term begins | 1119 |
|
on January 1, 1957, and successors, shall
have the same | 1120 |
|
qualifications, exercise the same powers and
jurisdiction, and | 1121 |
|
receive the same compensation as the other
judges of the court of | 1122 |
|
common pleas of Richland county and shall
be elected and | 1123 |
|
designated as judge of the court of common pleas,
division of | 1124 |
|
domestic relations. That judge shall be assigned and hear all | 1125 |
|
divorce,
dissolution of
marriage, legal separation, and annulment | 1126 |
|
cases, all domestic violence cases arising under section 3113.31 | 1127 |
|
of the Revised Code, and all post-decree proceedings arising from | 1128 |
|
any case pertaining to any of those matters. The division of | 1129 |
|
domestic relations has concurrent jurisdiction with the juvenile | 1130 |
|
division of the court of common pleas of Richland county to | 1131 |
|
determine the care, custody, or control of any child not a ward of | 1132 |
|
another court of this state, and to hear and determine a request | 1133 |
|
for an order for the support of any child if the request is not | 1134 |
|
ancillary to an action for divorce, dissolution of marriage, | 1135 |
|
annulment, or legal separation, a criminal or civil action | 1136 |
|
involving an allegation of domestic violence, or an action for | 1137 |
|
support brought under Chapter 3115. of the Revised Code. Except in | 1138 |
|
cases that are subject to the exclusive original jurisdiction of | 1139 |
|
the juvenile court, the judge of the division of domestic | 1140 |
|
relations shall be assigned and hear all cases pertaining to | 1141 |
|
paternity or parentage, the care, custody, or control of children, | 1142 |
|
parenting time or visitation, child support, or the allocation of | 1143 |
|
parental rights and responsibilities for the care of children, all | 1144 |
|
proceedings arising under Chapter 3111. of the Revised Code, all | 1145 |
|
proceedings arising under the uniform interstate family support | 1146 |
|
act contained in Chapter 3115. of the Revised Code, and all | 1147 |
|
post-decree proceedings arising from any case pertaining to any of | 1148 |
|
those matters. | 1149 |
| In addition to the judge's regular duties, the judge of the | 1150 |
|
court of common pleas, division of domestic relations, shall be | 1151 |
|
the administrator of the domestic relations division and its | 1152 |
|
subdivisions and departments. The judge shall have charge of the | 1153 |
|
employment, assignment, and supervision of the personnel of the | 1154 |
|
domestic relations division, including any magistrates the judge | 1155 |
|
considers necessary for the discharge of the judge's duties. The | 1156 |
|
judge shall also designate the title, compensation, expense | 1157 |
|
allowances, hours, leaves of absence, vacation, and other | 1158 |
|
employment-related matters of the personnel of the division and | 1159 |
|
shall fix their duties. | 1160 |
|
(2) The judge of the court of common pleas whose term begins | 1161 |
|
on January 3, 2005, and successors, shall have the same | 1162 |
|
qualifications, exercise the same powers and jurisdiction, and | 1163 |
|
receive the same compensation as other judges of the court of | 1164 |
|
common pleas of Richland county, shall be elected and designated | 1165 |
|
as judge of the court of common pleas, juvenile division, and | 1166 |
|
shall be, and have the powers and jurisdiction of, the juvenile | 1167 |
|
judge as provided in Chapters 2151. and 2152. of the Revised Code. | 1168 |
|
Except in cases that are subject to the exclusive original | 1169 |
|
jurisdiction of the juvenile court, the judge of the juvenile | 1170 |
|
division shall not have jurisdiction or the power to hear, and | 1171 |
|
shall not be assigned, any case pertaining to paternity or | 1172 |
|
parentage, the care, custody, or control of children, parenting | 1173 |
|
time or visitation, child support, or the allocation of parental | 1174 |
|
rights and responsibilities for the care of children or any | 1175 |
|
post-decree proceeding arising from any case pertaining to any of | 1176 |
|
those matters. The judge of the juvenile division shall not have | 1177 |
|
jurisdiction or the power to hear, and shall not be assigned, any | 1178 |
|
proceeding under the uniform interstate family support act | 1179 |
|
contained in Chapter 3115. of the Revised Code. | 1180 |
| In addition to the judge's regular duties, the judge of the | 1181 |
|
juvenile division shall be the administrator of the juvenile | 1182 |
|
division and its subdivisions and departments. The judge shall | 1183 |
|
have charge of the employment, assignment, and supervision of the | 1184 |
|
personnel of the juvenile division who are engaged in handling, | 1185 |
|
servicing, or investigating juvenile cases, including any | 1186 |
|
magistrates whom the judge considers necessary for the discharge | 1187 |
|
of the judge's various duties. | 1188 |
| The judge of the juvenile division also shall designate the | 1189 |
|
title, compensation, expense allowances, hours, leaves of absence, | 1190 |
|
and vacation of the personnel of the division and shall fix their | 1191 |
|
duties. The duties of the personnel, in addition to other | 1192 |
|
statutory duties, include the handling, servicing, and | 1193 |
|
investigation of juvenile cases and providing any counseling, | 1194 |
|
conciliation, and mediation services that the court makes | 1195 |
|
available to persons, whether or not the persons are parties to an | 1196 |
|
action pending in the court, who request the services. | 1197 |
| (H) In Stark county, the judges of the court of common
pleas | 1198 |
|
whose terms begin on January 1, 1953, January 2, 1959, and
January | 1199 |
|
1, 1993, and successors, shall have the same
qualifications, | 1200 |
|
exercise the same powers and jurisdiction, and
receive the same | 1201 |
|
compensation as other judges of the court of
common pleas of Stark | 1202 |
|
county and shall be elected and designated
as judges of the court | 1203 |
|
of common pleas, division of domestic
relations. They shall have | 1204 |
|
all the powers relating to juvenile
courts, and all cases under | 1205 |
|
Chapters 2151.
and 2152. of the Revised Code,
all parentage | 1206 |
|
proceedings over which the juvenile court has
jurisdiction, and | 1207 |
|
all divorce, dissolution of marriage, legal
separation, and | 1208 |
|
annulment cases, except cases that are assigned
to some other | 1209 |
|
judge of the court of common pleas for some special
reason, shall | 1210 |
|
be assigned to the judges. | 1211 |
| The judge of the division of domestic relations, senior in | 1218 |
|
point of service, shall be charged exclusively with the | 1219 |
|
administration of sections 2151.13, 2151.16, 2151.17, and
2152.71 | 1220 |
|
of the Revised Code and with the assignment and division of the | 1221 |
|
work of the division and the employment and supervision of all | 1222 |
|
other personnel of the division, including, but not limited to, | 1223 |
|
that judge's necessary referees, but excepting those
employees who | 1224 |
|
may be
appointed by the judge second most senior in point of | 1225 |
|
service. The senior
judge further shall serve in every
other | 1226 |
|
position in which the statutes permit or require a
juvenile judge | 1227 |
|
to serve. | 1228 |
| (1) The judges of the court of common pleas whose terms
begin | 1230 |
|
on January 4, 1967, and January 6, 1993, and successors,
shall | 1231 |
|
have the same qualifications, exercise the same powers and | 1232 |
|
jurisdiction, and receive the same compensation as other judges
of | 1233 |
|
the court of common pleas of Summit county and shall be
elected | 1234 |
|
and designated as judges of the court of common pleas,
division of | 1235 |
|
domestic relations. The judges of the division of
domestic | 1236 |
|
relations shall have assigned to them and hear all
divorce, | 1237 |
|
dissolution of marriage, legal separation, and annulment
cases | 1238 |
|
that come before the court.
Except in cases that are subject to | 1239 |
|
the exclusive original
jurisdiction of the juvenile court, the | 1240 |
|
judges of the division of
domestic relations shall have assigned | 1241 |
|
to them and hear all cases
pertaining to paternity, custody, | 1242 |
|
visitation, child support, or
the allocation of parental rights | 1243 |
|
and responsibilities for the
care of children and all post-decree | 1244 |
|
proceedings arising from any
case pertaining to any of those | 1245 |
|
matters. The judges of the division of
domestic relations shall | 1246 |
|
have assigned to them and hear all
proceedings under the uniform | 1247 |
|
interstate family support act
contained in Chapter 3115. of the | 1248 |
|
Revised Code. | 1249 |
| The judge of the division of domestic relations, senior in | 1250 |
|
point of service, shall be the administrator of the domestic | 1251 |
|
relations division and its subdivisions and departments and shall | 1252 |
|
have charge of the employment, assignment, and supervision of the | 1253 |
|
personnel of the division, including any necessary referees, who | 1254 |
|
are engaged in handling, servicing, or investigating divorce, | 1255 |
|
dissolution of marriage, legal separation, and annulment cases. | 1256 |
|
That judge also shall designate the title, compensation, expense | 1257 |
|
allowances, hours, leaves of absence, and vacations of the | 1258 |
|
personnel of the division and shall fix their duties. The duties | 1259 |
|
of the personnel, in addition to other statutory duties, shall | 1260 |
|
include the handling, servicing, and investigation of divorce, | 1261 |
|
dissolution of marriage, legal separation, and annulment cases
and | 1262 |
|
of any counseling and conciliation services that are
available | 1263 |
|
upon request to all persons, whether or not they are
parties to an | 1264 |
|
action pending in the division. | 1265 |
| (2) The judge of the court of common pleas whose term
begins | 1266 |
|
on January 1, 1955, and successors, shall have the same | 1267 |
|
qualifications, exercise the same powers and jurisdiction, and | 1268 |
|
receive the same compensation as other judges of the court of | 1269 |
|
common pleas of Summit county, shall be elected and designated as | 1270 |
|
judge of the court of common pleas, juvenile division, and shall | 1271 |
|
be, and have the powers and jurisdiction of, the juvenile judge
as | 1272 |
|
provided in Chapters 2151. and
2152. of the Revised Code.
Except | 1273 |
|
in cases that are subject to the exclusive original
jurisdiction | 1274 |
|
of the juvenile court, the judge of the juvenile division
shall | 1275 |
|
not have jurisdiction or the power to hear, and shall not be | 1276 |
|
assigned, any case pertaining to paternity, custody, visitation, | 1277 |
|
child
support, or the allocation of parental rights and | 1278 |
|
responsibilities
for the care of children or any post-decree | 1279 |
|
proceeding arising
from any case pertaining to any of those | 1280 |
|
matters. The judge of the juvenile
division shall not have | 1281 |
|
jurisdiction or the power to hear, and
shall not be assigned, any | 1282 |
|
proceeding under the uniform interstate
family support act | 1283 |
|
contained in Chapter 3115. of the Revised Code. | 1284 |
| The juvenile judge shall be the administrator of the
juvenile | 1285 |
|
division and its subdivisions and departments and shall
have | 1286 |
|
charge of the employment, assignment, and supervision of the | 1287 |
|
personnel of the juvenile division, including any necessary | 1288 |
|
referees, who are engaged in handling, servicing, or
investigating | 1289 |
|
juvenile cases. The judge also shall designate the
title, | 1290 |
|
compensation, expense allowances, hours, leaves of
absence, and | 1291 |
|
vacation of the personnel of the division and shall
fix their | 1292 |
|
duties. The duties of the personnel, in addition to
other | 1293 |
|
statutory duties, shall include the handling, servicing,
and | 1294 |
|
investigation of juvenile cases and of any counseling and | 1295 |
|
conciliation services that are available upon request to persons, | 1296 |
|
whether or not they are parties to an action pending in the | 1297 |
|
division. | 1298 |
| (J) In Trumbull county, the judges of the court of common | 1299 |
|
pleas whose terms begin on January 1, 1953, and January 2, 1977, | 1300 |
|
and successors, shall have the same qualifications, exercise the | 1301 |
|
same powers and jurisdiction, and receive the same compensation
as | 1302 |
|
other judges of the court of common pleas of Trumbull county
and | 1303 |
|
shall be elected and designated as judges of the court of
common | 1304 |
|
pleas, division of domestic relations. They shall have
all the | 1305 |
|
powers relating to juvenile courts, and all cases under
Chapters | 1306 |
|
2151. and 2152. of the
Revised Code, all parentage proceedings | 1307 |
|
over
which the juvenile court has jurisdiction, and all divorce, | 1308 |
|
dissolution of marriage, legal separation, and annulment cases | 1309 |
|
shall be assigned to them, except cases that for some special | 1310 |
|
reason are assigned to some other judge of the court of common | 1311 |
|
pleas. | 1312 |
| (1) The judges of the court of common pleas whose terms
begin | 1314 |
|
on January 1, 1957, and January 4, 1993, and successors,
shall | 1315 |
|
have the same qualifications, exercise the same powers and | 1316 |
|
jurisdiction, and receive the same compensation as other judges
of | 1317 |
|
the court of common pleas of Butler county and shall be
elected | 1318 |
|
and designated as judges of the court of common pleas,
division of | 1319 |
|
domestic relations. The judges of the division of
domestic | 1320 |
|
relations shall have assigned to them all divorce,
dissolution of | 1321 |
|
marriage, legal separation, and annulment cases
coming before the | 1322 |
|
court, except in cases that for some special
reason are assigned | 1323 |
|
to some other judge of the court of common
pleas. The judge
senior | 1324 |
|
in point of service shall be charged
with the assignment
and | 1325 |
|
division of the work of the division and
with the employment
and | 1326 |
|
supervision of all other personnel of the
domestic relations | 1327 |
|
division. | 1328 |
| The judge senior in point of service also shall designate
the | 1329 |
|
title, compensation, expense allowances, hours, leaves of
absence, | 1330 |
|
and vacations of the personnel of the division and shall
fix their | 1331 |
|
duties. The duties of the personnel, in addition to
other | 1332 |
|
statutory duties, shall include the handling, servicing,
and | 1333 |
|
investigation of divorce, dissolution of marriage, legal | 1334 |
|
separation, and annulment cases and providing any counseling and | 1335 |
|
conciliation services that the division makes available to | 1336 |
|
persons, whether or not the persons are parties to an action | 1337 |
|
pending in the division, who request the services. | 1338 |
| (2) The
judges of the court of common pleas whose
terms
begin | 1339 |
|
on January 3, 1987,
and January 2, 2003, and
successors,
shall | 1340 |
|
have the same
qualifications, exercise the same
powers and | 1341 |
|
jurisdiction, and
receive the same compensation as
other judges of | 1342 |
|
the court of
common pleas of Butler county, shall
be elected and | 1343 |
|
designated as
judges of the court of common
pleas, juvenile | 1344 |
|
division, and shall
be the juvenile
judges
as provided in
Chapters | 1345 |
|
2151. and 2152. of
the Revised
Code, with
the powers and | 1346 |
|
jurisdictions conferred by
those chapters. The
judge of the court | 1347 |
|
of common pleas,
juvenile
division,
who is
senior in point of | 1348 |
|
service, shall be the administrator of the
juvenile division and | 1349 |
|
its subdivisions and departments. The
judge, senior in point of | 1350 |
|
service, shall have charge of
the
employment, assignment, and | 1351 |
|
supervision of the personnel of
the
juvenile division who are | 1352 |
|
engaged in handling, servicing, or
investigating juvenile cases, | 1353 |
|
including any referees whom the
judge considers necessary for the | 1354 |
|
discharge of the judge's
various
duties. | 1355 |
| The judge, senior in point of service, also shall designate | 1356 |
|
the title, compensation,
expense allowances, hours, leaves of | 1357 |
|
absence, and vacation of the
personnel of the division and shall | 1358 |
|
fix their duties. The duties
of the personnel, in addition to | 1359 |
|
other statutory duties, include
the handling, servicing, and | 1360 |
|
investigation of juvenile cases and
providing any counseling and | 1361 |
|
conciliation services that the
division makes available to | 1362 |
|
persons, whether or not the persons
are parties to an action | 1363 |
|
pending in the division, who request the
services. | 1364 |
| (L)(1) In Cuyahoga county, the judges of the court of
common | 1371 |
|
pleas whose terms begin on January 8, 1961, January 9,
1961, | 1372 |
|
January 18, 1975, January 19, 1975, and January 13, 1987,
and | 1373 |
|
successors, shall have the same qualifications, exercise the
same | 1374 |
|
powers and jurisdiction, and receive the same compensation
as | 1375 |
|
other judges of the court of common pleas of Cuyahoga county
and | 1376 |
|
shall be elected and designated as judges of the court of
common | 1377 |
|
pleas, division of domestic relations. They shall have
all the | 1378 |
|
powers relating to all divorce, dissolution of marriage,
legal | 1379 |
|
separation, and annulment cases, except in cases that are
assigned | 1380 |
|
to some other judge of the court of common pleas for
some special | 1381 |
|
reason. | 1382 |
| (1) The judge of the court of common pleas whose term
begins | 1395 |
|
on January 2, 1961, and successors, shall have the same | 1396 |
|
qualifications, exercise the same powers and jurisdiction, and | 1397 |
|
receive the same compensation as the other judges of the court of | 1398 |
|
common pleas of Lake county and shall be elected and designated
as | 1399 |
|
judge of the court of common pleas, division of domestic | 1400 |
|
relations. The judge shall be assigned all
the divorce, | 1401 |
|
dissolution of marriage, legal separation, and annulment cases | 1402 |
|
coming before the court, except in cases that for some special | 1403 |
|
reason are assigned to some other judge of the court of common | 1404 |
|
pleas. The judge shall be charged with the assignment and
division | 1405 |
|
of the work of the division and with the employment and | 1406 |
|
supervision of all other personnel of the domestic relations | 1407 |
|
division. | 1408 |
| The judge also shall designate the title, compensation, | 1409 |
|
expense allowances, hours, leaves of absence, and vacations of
the | 1410 |
|
personnel of the division and shall fix their duties. The
duties | 1411 |
|
of the personnel, in addition to other statutory duties,
shall | 1412 |
|
include the handling, servicing, and investigation of
divorce, | 1413 |
|
dissolution of marriage, legal separation, and annulment
cases and | 1414 |
|
providing any counseling and conciliation services that
the | 1415 |
|
division makes available to persons, whether or not the
persons | 1416 |
|
are parties to an action pending in the division, who
request the | 1417 |
|
services. | 1418 |
| (2) The judge of the court of common pleas whose term
begins | 1419 |
|
on January 4, 1979, and successors, shall have the same | 1420 |
|
qualifications, exercise the same powers and jurisdiction, and | 1421 |
|
receive the same compensation as other judges of the court of | 1422 |
|
common pleas of Lake county, shall be elected and designated as | 1423 |
|
judge of the court of common pleas, juvenile division, and shall | 1424 |
|
be the juvenile judge as provided in Chapters
2151. and 2152. of | 1425 |
|
the Revised
Code, with the powers and jurisdictions conferred by | 1426 |
|
those chapters. The judge of the court of common pleas,
juvenile | 1427 |
|
division, shall be the administrator of the juvenile division and | 1428 |
|
its subdivisions and departments. The judge shall have charge of | 1429 |
|
the employment, assignment, and supervision of the personnel of | 1430 |
|
the juvenile division who are engaged in handling, servicing, or | 1431 |
|
investigating juvenile cases, including any referees whom the | 1432 |
|
judge considers necessary for the discharge of the judge's
various | 1433 |
|
duties. | 1434 |
| The judge also shall designate the title, compensation, | 1435 |
|
expense allowances, hours, leaves of absence, and vacation of the | 1436 |
|
personnel of the division and shall fix their duties. The duties | 1437 |
|
of the personnel, in addition to other statutory duties, include | 1438 |
|
the handling, servicing, and investigation of juvenile cases and | 1439 |
|
providing any counseling and conciliation services that the | 1440 |
|
division makes available to persons, whether or not the persons | 1441 |
|
are parties to an action pending in the division, who request the | 1442 |
|
services. | 1443 |
| (1) The judge of the court of common pleas
whose term begins | 1451 |
|
on January 2, 1971, and the successors to that judge whose terms | 1452 |
|
begin before January 2, 2007, shall have
the same qualifications, | 1453 |
|
exercise the same powers and
jurisdiction, and receive the same | 1454 |
|
compensation as the other
judge
of the court of common pleas of | 1455 |
|
Erie county and shall be
elected
and designated as judge of the | 1456 |
|
court of common pleas,
division of
domestic relations. The judge | 1457 |
|
shall have all the
powers relating
to juvenile courts, and shall | 1458 |
|
be assigned all cases
under
Chapters
2151. and 2152. of the | 1459 |
|
Revised Code, parentage
proceedings over
which the
juvenile
court | 1460 |
|
has jurisdiction, and
divorce,
dissolution of marriage,
legal | 1461 |
|
separation, and annulment
cases,
except cases that for some | 1462 |
|
special
reason are assigned to
some
other judge. | 1463 |
| On or after January 2, 2007, the judge of the court of common | 1464 |
|
pleas who is elected in 2006 shall be the successor to the judge | 1465 |
|
of the domestic relations division whose term expires on January | 1466 |
|
1, 2007, shall be designated as judge of the court of common | 1467 |
|
pleas, juvenile division, and shall be the juvenile judge as | 1468 |
|
provided in Chapters 2151. and 2152. of the Revised Code with the | 1469 |
|
powers and jurisdictions conferred by those chapters. | 1470 |
|
(2) The judge of the court of common pleas, general division, | 1471 |
|
whose term begins on January 1, 2005, and successors, the judge of | 1472 |
|
the court of common pleas, general division whose term begins on | 1473 |
|
January 2, 2005, and successors, and the judge of the court of | 1474 |
|
common pleas, general division, whose term begins February 9, | 1475 |
|
2009, and successors, shall have assigned to them, in addition to | 1476 |
|
all matters that are within the jurisdiction of the general | 1477 |
|
division of the court of common pleas, all divorce, dissolution of | 1478 |
|
marriage, legal separation, and annulment cases coming before the | 1479 |
|
court, and all matters that are within the jurisdiction of the | 1480 |
|
probate court under Chapter 2101., and other provisions, of the | 1481 |
|
Revised Code. | 1482 |
| (1) The judge of the court of common pleas whose term
begins | 1484 |
|
on January 1, 1961, and successors, shall have the same | 1485 |
|
qualifications, exercise the same powers and jurisdiction, and | 1486 |
|
receive the same compensation as the other judges of the court of | 1487 |
|
common pleas of Greene county and shall be elected and designated | 1488 |
|
as the judge of the court of common pleas, division of domestic | 1489 |
|
relations. The judge shall be assigned all
divorce, dissolution
of | 1490 |
|
marriage, legal separation, annulment, uniform
reciprocal
support | 1491 |
|
enforcement, and domestic violence cases and
all other
cases | 1492 |
|
related to domestic relations, except cases that
for some
special | 1493 |
|
reason are assigned to some other judge of the
court of
common | 1494 |
|
pleas. | 1495 |
| The judge shall be charged with the assignment and division | 1496 |
|
of the work of the division and with the employment and | 1497 |
|
supervision of all other personnel of the
division. The judge
also | 1498 |
|
shall designate the title,
compensation,
hours, leaves of
absence, | 1499 |
|
and vacations of the personnel of the
division and shall
fix their | 1500 |
|
duties. The duties of the personnel
of the division, in
addition | 1501 |
|
to other statutory duties, shall
include the handling,
servicing, | 1502 |
|
and investigation of divorce,
dissolution of marriage,
legal | 1503 |
|
separation, and annulment cases
and the provision of
counseling | 1504 |
|
and conciliation services that
the division considers
necessary | 1505 |
|
and makes available to persons
who request the services,
whether | 1506 |
|
or not the persons are parties
in an action pending in the | 1507 |
|
division. The compensation for the
personnel shall be paid from | 1508 |
|
the overall court budget and shall
be included in the | 1509 |
|
appropriations for the existing judges of the
general division of | 1510 |
|
the court of common pleas. | 1511 |
| (2) The judge of the court of common pleas whose term
begins | 1512 |
|
on January 1, 1995, and successors, shall have the same | 1513 |
|
qualifications, exercise the same powers and jurisdiction, and | 1514 |
|
receive the same compensation as the other judges of the court of | 1515 |
|
common pleas of Greene county, shall be elected and designated as | 1516 |
|
judge of the court of common pleas, juvenile division, and, on or | 1517 |
|
after January 1, 1995, shall be the juvenile judge as provided in | 1518 |
|
Chapters 2151. and 2152. of the
Revised Code with the powers and | 1519 |
|
jurisdiction conferred by those chapters. The
judge of the court | 1520 |
|
of common pleas, juvenile division, shall be the administrator of | 1521 |
|
the juvenile division and its subdivisions and departments. The | 1522 |
|
judge shall have charge of the employment, assignment, and | 1523 |
|
supervision of the personnel of the juvenile division who are | 1524 |
|
engaged in handling, servicing, or investigating juvenile cases, | 1525 |
|
including any referees whom the judge considers necessary for the | 1526 |
|
discharge of the judge's various duties. | 1527 |
| The judge also shall designate the title, compensation, | 1528 |
|
expense allowances, hours, leaves of absence, and vacation of the | 1529 |
|
personnel of the division and shall fix their duties. The duties | 1530 |
|
of the personnel, in addition to other statutory duties, include | 1531 |
|
the handling, servicing, and investigation of juvenile cases and | 1532 |
|
providing any counseling and conciliation services that the court | 1533 |
|
makes available to persons, whether or not the persons are
parties | 1534 |
|
to an action pending in the court, who request the
services. | 1535 |
| (P) In Portage county, the judge of the court of common | 1542 |
|
pleas, whose term begins January 2, 1987, and successors, shall | 1543 |
|
have the same qualifications, exercise the same powers and | 1544 |
|
jurisdiction, and receive the same compensation as the other | 1545 |
|
judges of the court of common pleas of Portage county and shall
be | 1546 |
|
elected and designated as judge of the court of common pleas, | 1547 |
|
division of domestic relations. The judge shall be
assigned all | 1548 |
|
divorce, dissolution of marriage, legal
separation,
and annulment | 1549 |
|
cases coming before the court, except in cases that
for some | 1550 |
|
special reason are assigned to some other judge of the
court of | 1551 |
|
common pleas. The judge shall be charged with the
assignment and | 1552 |
|
division of the work of the division and with the
employment and | 1553 |
|
supervision of all other personnel of the domestic
relations | 1554 |
|
division. | 1555 |
| The judge also shall designate the title, compensation, | 1556 |
|
expense allowances, hours, leaves of absence, and vacations of
the | 1557 |
|
personnel of the division and shall fix their duties. The
duties | 1558 |
|
of the personnel, in addition to other statutory duties,
shall | 1559 |
|
include the handling, servicing, and investigation of
divorce, | 1560 |
|
dissolution of marriage, legal separation, and annulment
cases and | 1561 |
|
providing any counseling and conciliation services that
the | 1562 |
|
division makes available to persons, whether or not the
persons | 1563 |
|
are parties to an action pending in the division, who
request the | 1564 |
|
services. | 1565 |
| (Q) In Clermont county, the judge of the court of common | 1566 |
|
pleas, whose term begins January 2, 1987, and successors, shall | 1567 |
|
have the same qualifications, exercise the same powers and | 1568 |
|
jurisdiction, and receive the same compensation as the other | 1569 |
|
judges of the court of common pleas of Clermont county and shall | 1570 |
|
be elected and designated as judge of the court of common pleas, | 1571 |
|
division of domestic relations. The judge shall be
assigned all | 1572 |
|
divorce, dissolution of marriage, legal
separation,
and annulment | 1573 |
|
cases coming before the court, except in cases that
for some | 1574 |
|
special reason are assigned to some other judge of the
court of | 1575 |
|
common pleas. The judge shall be charged with the
assignment and | 1576 |
|
division of the work of the division and with the
employment and | 1577 |
|
supervision of all other personnel of the domestic
relations | 1578 |
|
division. | 1579 |
| The judge also shall designate the title, compensation, | 1580 |
|
expense allowances, hours, leaves of absence, and vacations of
the | 1581 |
|
personnel of the division and shall fix their duties. The
duties | 1582 |
|
of the personnel, in addition to other statutory duties,
shall | 1583 |
|
include the handling, servicing, and investigation of
divorce, | 1584 |
|
dissolution of marriage, legal separation, and annulment
cases and | 1585 |
|
providing any counseling and conciliation services that
the | 1586 |
|
division makes available to persons, whether or not the
persons | 1587 |
|
are parties to an action pending in the division, who
request the | 1588 |
|
services. | 1589 |
| (R) In Warren county, the judge of the court of common
pleas, | 1590 |
|
whose term begins January 1, 1987, and successors, shall
have the | 1591 |
|
same qualifications, exercise the same powers and
jurisdiction, | 1592 |
|
and receive the same compensation as the other
judges of the court | 1593 |
|
of common pleas of Warren county and shall be
elected and | 1594 |
|
designated as judge of the court of common pleas,
division of | 1595 |
|
domestic relations. The judge shall be
assigned all
divorce, | 1596 |
|
dissolution of marriage, legal
separation,
and annulment
cases | 1597 |
|
coming before the court, except in cases that
for some
special | 1598 |
|
reason are assigned to some other judge of the
court of
common | 1599 |
|
pleas. The judge shall be charged with the
assignment and
division | 1600 |
|
of the work of the division and with the
employment and | 1601 |
|
supervision of all other personnel of the domestic
relations | 1602 |
|
division. | 1603 |
| The judge also shall designate the title, compensation, | 1604 |
|
expense allowances, hours, leaves of absence, and vacations of
the | 1605 |
|
personnel of the division and shall fix their duties. The
duties | 1606 |
|
of the personnel, in addition to other statutory duties,
shall | 1607 |
|
include the handling, servicing, and investigation of
divorce, | 1608 |
|
dissolution of marriage, legal separation, and annulment
cases and | 1609 |
|
providing any counseling and conciliation services that
the | 1610 |
|
division makes available to persons, whether or not the
persons | 1611 |
|
are parties to an action pending in the division, who
request the | 1612 |
|
services. | 1613 |
| (S) In Licking county, the judges of the court of common | 1614 |
|
pleas, whose terms begin on January 1, 1991, and January 1, 2005, | 1615 |
|
and successors, shall
have the same qualifications, exercise the | 1616 |
|
same powers and
jurisdiction, and receive the same compensation as | 1617 |
|
the other
judges of the court of common pleas of Licking county | 1618 |
|
and shall
be
elected and designated as judges of the court of | 1619 |
|
common pleas,
division of domestic relations. The judges shall be | 1620 |
|
assigned all
divorce, dissolution of marriage, legal
separation, | 1621 |
|
and annulment
cases, all cases arising under Chapter 3111. of the | 1622 |
|
Revised Code,
all proceedings involving child support, the | 1623 |
|
allocation of
parental rights and responsibilities for the care
of | 1624 |
|
children and
the designation for the children of a place of | 1625 |
|
residence and legal
custodian, parenting time, and visitation, and | 1626 |
|
all
post-decree
proceedings and matters arising from those cases | 1627 |
|
and
proceedings,
except in cases that for some special reason are | 1628 |
|
assigned to
another judge of the court of common pleas. The | 1629 |
|
administrative
judge of the division of domestic relations shall | 1630 |
|
be
charged with the assignment and division of the
work of the | 1631 |
|
division and with the employment and supervision of
the personnel | 1632 |
|
of the division. | 1633 |
| The administrative judge of the division of domestic | 1634 |
|
relations shall designate the title, compensation, expense | 1635 |
|
allowances, hours, leaves of absence, and vacations of the | 1636 |
|
personnel of the division and shall fix the duties of the | 1637 |
|
personnel of the division. The duties of the personnel of the | 1638 |
|
division, in addition to other statutory duties, shall include
the | 1639 |
|
handling, servicing, and investigation of divorce,
dissolution of | 1640 |
|
marriage, legal separation, and annulment cases,
cases arising | 1641 |
|
under Chapter 3111. of the Revised Code, and
proceedings involving | 1642 |
|
child support, the allocation of parental
rights and | 1643 |
|
responsibilities for the care of children and the
designation for | 1644 |
|
the children of a place of residence and legal
custodian, | 1645 |
|
parenting time, and visitation and providing any counseling and | 1646 |
|
conciliation services that the division makes available to | 1647 |
|
persons, whether or not the persons are parties to an action | 1648 |
|
pending in the division, who request the services. | 1649 |
| (T) In Allen county, the judge of the court of common
pleas, | 1650 |
|
whose term begins January 1, 1993, and successors, shall
have the | 1651 |
|
same qualifications, exercise the same powers and
jurisdiction, | 1652 |
|
and receive the same compensation as the other
judges of the court | 1653 |
|
of common pleas of Allen county and shall be
elected and | 1654 |
|
designated as judge of the court of common pleas,
division of | 1655 |
|
domestic relations. The judge shall be
assigned all divorce, | 1656 |
|
dissolution of marriage, legal
separation,
and annulment cases, | 1657 |
|
all cases arising under Chapter 3111. of the
Revised Code, all | 1658 |
|
proceedings involving child support, the
allocation of parental | 1659 |
|
rights and responsibilities for the care
of children and the | 1660 |
|
designation for the children of a place of
residence and legal | 1661 |
|
custodian, parenting time, and visitation, and all
post-decree | 1662 |
|
proceedings and matters arising from those cases and
proceedings, | 1663 |
|
except in cases that for some special reason are
assigned to | 1664 |
|
another judge of the court of common pleas. The
judge shall be | 1665 |
|
charged with the assignment and division of the
work of the | 1666 |
|
division and with the employment and supervision of
the personnel | 1667 |
|
of the division. | 1668 |
| The judge shall designate the title, compensation, expense | 1669 |
|
allowances, hours, leaves of absence, and vacations of the | 1670 |
|
personnel of the division and shall fix the duties of the | 1671 |
|
personnel of the division. The duties of the personnel of the | 1672 |
|
division, in addition to other statutory duties, shall include
the | 1673 |
|
handling, servicing, and investigation of divorce,
dissolution of | 1674 |
|
marriage, legal separation, and annulment cases,
cases arising | 1675 |
|
under Chapter 3111. of the Revised Code, and
proceedings involving | 1676 |
|
child support, the allocation of parental
rights and | 1677 |
|
responsibilities for the care of children and the
designation for | 1678 |
|
the children of a place of residence and legal
custodian, | 1679 |
|
parenting time, and visitation, and providing any counseling and | 1680 |
|
conciliation services that the division makes available to | 1681 |
|
persons, whether or not the persons are parties to an action | 1682 |
|
pending in the division, who request the services. | 1683 |
| (U) In Medina county, the judge of the court of common
pleas | 1684 |
|
whose term begins January 1, 1995, and successors, shall
have the | 1685 |
|
same qualifications, exercise the same powers and
jurisdiction, | 1686 |
|
and receive the same compensation as other judges
of the court of | 1687 |
|
common pleas of Medina county and shall be
elected and designated | 1688 |
|
as judge of the court of common pleas,
division of domestic | 1689 |
|
relations. The judge shall be
assigned all divorce, dissolution
of | 1690 |
|
marriage, legal
separation,
and annulment cases, all cases
arising | 1691 |
|
under Chapter 3111. of the
Revised Code, all proceedings
involving | 1692 |
|
child support, the
allocation of parental rights and | 1693 |
|
responsibilities for the care
of children and the designation for | 1694 |
|
the children of a place of
residence and legal custodian, | 1695 |
|
parenting time, and visitation, and all
post-decree proceedings | 1696 |
|
and matters arising from those cases and
proceedings, except in | 1697 |
|
cases that for some special reason are
assigned to another judge | 1698 |
|
of the court of common pleas. The
judge shall be charged with the | 1699 |
|
assignment and division of the
work of the division and with the | 1700 |
|
employment and supervision of
the personnel of the division. | 1701 |
| The judge shall designate the title, compensation, expense | 1702 |
|
allowances, hours, leaves of absence, and vacations of the | 1703 |
|
personnel of the division and shall fix the duties of the | 1704 |
|
personnel of the division. The duties of the personnel, in | 1705 |
|
addition to other statutory duties, include the handling, | 1706 |
|
servicing, and investigation of divorce, dissolution of marriage, | 1707 |
|
legal separation, and annulment cases, cases arising under
Chapter | 1708 |
|
3111. of the Revised Code, and proceedings involving
child | 1709 |
|
support, the allocation of parental rights and
responsibilities | 1710 |
|
for the care of children and the designation for
the children of a | 1711 |
|
place of residence and legal custodian, parenting time, and | 1712 |
|
visitation, and providing counseling and conciliation services | 1713 |
|
that the division makes available to persons, whether or not the | 1714 |
|
persons are parties to an action pending in the division, who | 1715 |
|
request the services. | 1716 |
| (V) In Fairfield county, the judge of the court of common | 1717 |
|
pleas whose term begins January 2, 1995, and successors, shall | 1718 |
|
have the same qualifications, exercise the same powers and | 1719 |
|
jurisdiction, and receive the same compensation as the other | 1720 |
|
judges of the court of common pleas of Fairfield county and shall | 1721 |
|
be elected and designated as judge of the court of common pleas, | 1722 |
|
division of domestic relations. The judge shall be
assigned all | 1723 |
|
divorce, dissolution of marriage, legal
separation,
and annulment | 1724 |
|
cases, all cases arising under Chapter 3111. of the
Revised Code, | 1725 |
|
all proceedings involving child support, the
allocation of | 1726 |
|
parental rights and responsibilities for the care
of children and | 1727 |
|
the designation for the children of a place of
residence and legal | 1728 |
|
custodian, parenting time, and visitation, and all
post-decree | 1729 |
|
proceedings and matters arising from those cases and
proceedings, | 1730 |
|
except in cases that for some special reason are
assigned to | 1731 |
|
another judge of the court of common pleas. The judge also has | 1732 |
|
concurrent jurisdiction with the probate-juvenile division of the | 1733 |
|
court of
common pleas of Fairfield county with respect to and may | 1734 |
|
hear cases
to determine the custody of a child, as defined in | 1735 |
|
section 2151.011 of the Revised Code, who
is not the ward of | 1736 |
|
another court of this state, cases that are commenced by a
parent, | 1737 |
|
guardian, or custodian of a child, as defined in section 2151.011 | 1738 |
|
of the Revised Code, to obtain an order requiring a parent of the | 1739 |
|
child to pay child support
for that child when the request for | 1740 |
|
that order is not ancillary to an action
for divorce, dissolution | 1741 |
|
of marriage, annulment, or legal separation, a
criminal or civil | 1742 |
|
action involving an allegation of domestic violence, an
action for | 1743 |
|
support under Chapter 3115. of the Revised Code, or an action that | 1744 |
|
is
within the exclusive original jurisdiction of the | 1745 |
|
probate-juvenile division of
the court of common pleas of | 1746 |
|
Fairfield county and that involves an
allegation that the child is | 1747 |
|
an abused, neglected, or dependent child, and
post-decree | 1748 |
|
proceedings and matters arising from those types of cases. | 1749 |
| The judge shall designate the title, compensation, expense | 1754 |
|
allowances, hours, leaves of absence, and vacations of the | 1755 |
|
personnel of the division and shall fix the duties of the | 1756 |
|
personnel of the division. The duties of the personnel of the | 1757 |
|
division, in addition to other statutory duties, shall include
the | 1758 |
|
handling, servicing, and investigation of divorce,
dissolution of | 1759 |
|
marriage, legal separation, and annulment cases,
cases arising | 1760 |
|
under Chapter 3111. of the Revised Code, and
proceedings involving | 1761 |
|
child support, the allocation of parental
rights and | 1762 |
|
responsibilities for the care of children and the
designation for | 1763 |
|
the children of a place of residence and legal
custodian, | 1764 |
|
parenting time, and visitation, and providing any counseling and | 1765 |
|
conciliation services that the division makes available to | 1766 |
|
persons, regardless of whether the persons are parties to an | 1767 |
|
action pending in the division, who request the services.
When
the | 1768 |
|
judge hears a case to determine the custody of a child, as
defined | 1769 |
|
in section 2151.011 of the Revised Code, who is not the
ward of | 1770 |
|
another court
of this state or a case that is commenced by
a | 1771 |
|
parent, guardian, or custodian
of a child, as defined in section | 1772 |
|
2151.011 of the Revised Code, to obtain an
order requiring a | 1773 |
|
parent of the child to pay child support for that child when
the | 1774 |
|
request for that order is not ancillary to an action for divorce, | 1775 |
|
dissolution of marriage, annulment, or legal separation, a | 1776 |
|
criminal or civil
action involving an allegation of domestic | 1777 |
|
violence, an action for support
under Chapter 3115. of the Revised | 1778 |
|
Code, or an action that is within the
exclusive original | 1779 |
|
jurisdiction of the probate-juvenile division of the court
of | 1780 |
|
common pleas of Fairfield county and that
involves an allegation | 1781 |
|
that the
child is an abused, neglected, or dependent child, the | 1782 |
|
duties of the personnel
of the domestic relations division also | 1783 |
|
include the handling, servicing, and
investigation of those types | 1784 |
|
of cases. | 1785 |
| (W)(1) In Clark county, the judge of the court of common | 1786 |
|
pleas whose term begins on January 2, 1995, and successors, shall | 1787 |
|
have the same qualifications, exercise the same powers and | 1788 |
|
jurisdiction, and receive the same compensation as other judges
of | 1789 |
|
the court of common pleas of Clark county and shall be elected
and | 1790 |
|
designated as judge of the court of common pleas, domestic | 1791 |
|
relations division. The judge shall have all the powers
relating | 1792 |
|
to juvenile courts, and all cases under
Chapters 2151. and 2152. | 1793 |
|
of the Revised
Code and all parentage proceedings under Chapter | 1794 |
|
3111. of the
Revised Code over which the juvenile court has | 1795 |
|
jurisdiction shall
be assigned to the judge of the division of | 1796 |
|
domestic relations. All divorce,
dissolution of marriage, legal | 1797 |
|
separation,
annulment, uniform reciprocal support enforcement, and | 1798 |
|
other
cases related to domestic relations shall be assigned to the | 1799 |
|
domestic relations division, and the presiding judge of the court | 1800 |
|
of common pleas shall assign the cases to the judge of the | 1801 |
|
domestic relations division and the judges of the general | 1802 |
|
division. | 1803 |
| (3) If the judge of the court of common pleas of Clark | 1807 |
|
county, division of domestic relations, is sick, absent, or
unable | 1808 |
|
to perform that judge's judicial duties or if the
presiding
judge | 1809 |
|
of the
court of common pleas of Clark county determines that the | 1810 |
|
volume
of cases pending in the division of domestic relations | 1811 |
|
necessitates it, the duties of the judge of the division of | 1812 |
|
domestic relations shall be performed by the judges of the
general | 1813 |
|
division or probate division of the court of common pleas
of Clark | 1814 |
|
county, as assigned for that purpose by the presiding
judge of | 1815 |
|
that court, and the judges so assigned shall act in
conjunction | 1816 |
|
with the judge of the division of domestic relations
of that | 1817 |
|
court. | 1818 |
| (X) In Scioto county, the judge of the court of common
pleas | 1819 |
|
whose term begins January 2, 1995, and
successors, shall
have the | 1820 |
|
same qualifications, exercise the same powers and
jurisdiction, | 1821 |
|
and receive the same compensation as other judges
of the court of | 1822 |
|
common pleas of Scioto county and shall be
elected and designated | 1823 |
|
as judge of the court of common pleas,
division of domestic | 1824 |
|
relations. The judge shall be
assigned all divorce, dissolution
of | 1825 |
|
marriage, legal
separation,
and annulment cases, all cases
arising | 1826 |
|
under Chapter 3111. of the
Revised Code, all proceedings
involving | 1827 |
|
child support, the
allocation of parental rights and | 1828 |
|
responsibilities for the care
of children and the designation for | 1829 |
|
the children of a place of
residence and legal custodian, | 1830 |
|
parenting time, visitation, and all post-decree
proceedings and | 1831 |
|
matters arising from those cases and proceedings,
except in cases | 1832 |
|
that for some special reason are assigned to
another judge of the | 1833 |
|
court of common pleas. The judge shall be
charged with the | 1834 |
|
assignment and division of the work of the
division and with the | 1835 |
|
employment and supervision of the personnel
of the division. | 1836 |
| The judge shall designate the title, compensation, expense | 1837 |
|
allowances, hours, leaves of absence, and vacations of the | 1838 |
|
personnel of the division and shall fix the duties of the | 1839 |
|
personnel of the division. The duties of the personnel, in | 1840 |
|
addition to other statutory duties, include the handling, | 1841 |
|
servicing, and investigation of divorce, dissolution of marriage, | 1842 |
|
legal separation, and annulment cases, cases arising under
Chapter | 1843 |
|
3111. of the Revised Code, and proceedings involving
child | 1844 |
|
support, the allocation of parental rights and
responsibilities | 1845 |
|
for the care of children and the designation for
the children of a | 1846 |
|
place of residence and legal custodian, parenting time, and | 1847 |
|
visitation, and providing counseling and conciliation services | 1848 |
|
that the division makes available to persons, whether or not the | 1849 |
|
persons are parties to an action pending in the division, who | 1850 |
|
request the services. | 1851 |
| (Y) In Auglaize county, the judge of the probate and
juvenile | 1852 |
|
divisions of the Auglaize county court of common pleas
also shall | 1853 |
|
be the administrative judge of the domestic relations
division of | 1854 |
|
the court and shall be assigned
all divorce,
dissolution of | 1855 |
|
marriage, legal separation, and annulment cases
coming before the | 1856 |
|
court. The judge shall have all powers as
administrator of the | 1857 |
|
domestic relations division and shall have
charge of the personnel | 1858 |
|
engaged in handling, servicing, or
investigating divorce, | 1859 |
|
dissolution of marriage, legal separation,
and annulment cases, | 1860 |
|
including any referees considered necessary
for the discharge of | 1861 |
|
the judge's various duties. | 1862 |
| (Z)(1) In Marion county, the judge of the court of
common | 1863 |
|
pleas whose term begins on February 9,
1999, and the successors to | 1864 |
|
that judge, shall have the same qualifications,
exercise the same | 1865 |
|
powers and jurisdiction, and receive the same compensation
as the | 1866 |
|
other judges of the court of common pleas of
Marion county and | 1867 |
|
shall be elected and
designated as judge of the court of common | 1868 |
|
pleas, domestic
relations-juvenile-probate division. Except as | 1869 |
|
otherwise specified in this
division, that judge, and the | 1870 |
|
successors to that judge, shall have all the
powers relating to | 1871 |
|
juvenile courts, and all cases under
Chapters 2151. and 2152. of | 1872 |
|
the
Revised Code,
all cases arising under Chapter 3111. of the | 1873 |
|
Revised Code,
all divorce, dissolution of marriage, legal | 1874 |
|
separation, and annulment cases,
all proceedings involving child | 1875 |
|
support, the allocation of parental rights and
responsibilities | 1876 |
|
for the care of children and the designation for the children
of a | 1877 |
|
place of residence and legal custodian, parenting time, and | 1878 |
|
visitation, and all
post-decree proceedings and matters arising | 1879 |
|
from those cases and
proceedings
shall be assigned to that judge | 1880 |
|
and the successors to
that judge. Except as
provided in division | 1881 |
|
(Z)(2) of this section
and notwithstanding any other provision of | 1882 |
|
any section of the
Revised Code, on and after February 9, 2003, | 1883 |
|
the judge of
the
court of common pleas of Marion county
whose term | 1884 |
|
begins on
February 9, 1999, and the
successors to that judge, | 1885 |
|
shall have all
the powers relating to the probate
division of the | 1886 |
|
court of common
pleas of
Marion county in addition to the powers | 1887 |
|
previously
specified in this division, and shall exercise | 1888 |
|
concurrent
jurisdiction with the judge of the probate division of | 1889 |
|
that court
over all
matters that are within the jurisdiction of | 1890 |
|
the probate
division of that court
under Chapter 2101., and other | 1891 |
|
provisions,
of
the Revised Code in addition to the jurisdiction of | 1892 |
|
the
domestic relations-juvenile-probate division of that court | 1893 |
|
otherwise specified
in division (Z)(1) of this section. | 1894 |
| (3) On and after February 9, 2003, all
references in law to | 1903 |
|
"the probate court,"
"the probate judge,"
"the juvenile
court," or | 1904 |
|
"the judge of the juvenile court" shall be construed, with respect | 1905 |
|
to Marion county, as being references to both
"the probate | 1906 |
|
division" and
"the domestic relations-juvenile-probate division" | 1907 |
|
and as being references to both
"the judge of the probate | 1908 |
|
division" and
"the
judge of the domestic relations- | 1909 |
|
juvenile-probate division." On and after
February 9, 2003, all | 1910 |
|
references in law to
"the clerk of the probate court" shall be | 1911 |
|
construed, with respect to
Marion county, as being references to | 1912 |
|
the judge who is serving pursuant to
division (Z)(2) of this | 1913 |
|
section as the clerk of the probate division of the
court of | 1914 |
|
common pleas of Marion county. | 1915 |
| (AA)
In Muskingum county, the judge of the court of common | 1916 |
|
pleas whose term begins on January 2, 2003, and successors, shall | 1917 |
|
have the same qualifications, exercise the same powers and | 1918 |
|
jurisdiction, and receive the same compensation as the other | 1919 |
|
judges of the court of common pleas of Muskingum county and shall | 1920 |
|
be elected and designated as the judge of the court of common | 1921 |
|
pleas, division of domestic relations. The judge shall
be
assigned
| 1922 |
|
all
divorce, dissolution of marriage, legal
separation, and | 1923 |
|
annulment cases, all cases arising under Chapter 3111. of the | 1924 |
|
Revised Code, all proceedings involving child
support, the | 1925 |
|
allocation
of parental rights and
responsibilities
for the care of | 1926 |
|
children
and the designation for
the children of a
place of | 1927 |
|
residence
and
legal custodian, parenting time, and visitation,
and | 1928 |
|
all
post-decree
proceedings and matters
arising from
those
cases | 1929 |
|
and proceedings, except in cases that for some special reason are | 1930 |
|
assigned to another judge of the court of common pleas. The judge | 1931 |
|
shall be charged with the assignment and division of the work of | 1932 |
|
the division and with the employment and supervision of the | 1933 |
|
personnel of the division. | 1934 |
| The judge shall designate the title, compensation, expense | 1935 |
|
allowances, hours, leaves of absence, and vacations of the | 1936 |
|
personnel of the division and shall fix the duties of the | 1937 |
|
personnel of the division. The duties of the personnel of the | 1938 |
|
division, in addition to other statutory duties, shall include the | 1939 |
|
handling, servicing, and investigation of divorce, dissolution of | 1940 |
|
marriage, legal separation, and annulment cases, cases arising | 1941 |
|
under Chapter 3111. of the Revised Code, and proceedings involving | 1942 |
|
child support, the allocation of parental rights and | 1943 |
|
responsibilities for the care of children and the designation for | 1944 |
|
the children of a place of residence and legal custodian, | 1945 |
|
parenting time, and visitation and providing any counseling and | 1946 |
|
conciliation services that the division makes available to | 1947 |
|
persons, whether or not the persons are parties to an action | 1948 |
|
pending in the division, who request the services. | 1949 |
| (BB) In Henry county, the judge of the court of common pleas | 1950 |
|
whose term begins on January 1, 2005, and successors, shall have | 1951 |
|
the same qualifications, exercise the same powers and | 1952 |
|
jurisdiction, and receive the same compensation as the other judge | 1953 |
|
of the court of common pleas of Henry county and shall be elected | 1954 |
|
and designated as the judge of the court of common pleas, division | 1955 |
|
of domestic relations. The judge shall have all of the powers | 1956 |
|
relating to juvenile courts, and all cases under Chapter 2151. or | 1957 |
|
2152. of the Revised Code, all parentage proceedings arising under | 1958 |
|
Chapter 3111. of the Revised Code over which the juvenile court | 1959 |
|
has jurisdiction, all divorce, dissolution of marriage, legal | 1960 |
|
separation, and annulment cases, all proceedings involving child | 1961 |
|
support, the allocation of parental rights and responsibilities | 1962 |
|
for the care of children and the designation for the children of a | 1963 |
|
place of residence and legal custodian, parenting time, and | 1964 |
|
visitation, and all post-decree proceedings and matters arising | 1965 |
|
from those cases and proceedings shall be assigned to that judge, | 1966 |
|
except in cases that for some special reason are assigned to the | 1967 |
|
other judge of the court of common pleas. | 1968 |
| (CC)(1) In Logan county, the judge of the court of common | 1969 |
|
pleas whose term begins January 2, 2005, and the successors to | 1970 |
|
that judge, shall have the same qualifications, exercise the same | 1971 |
|
powers and jurisdiction, and receive the same compensation as the | 1972 |
|
other judges of the court of common pleas of Logan county and | 1973 |
|
shall be elected and designated as judge of the court of common | 1974 |
|
pleas, domestic relations-juvenile-probate division. Except as | 1975 |
|
otherwise specified in this division, that judge, and the | 1976 |
|
successors to that judge, shall have all the powers relating to | 1977 |
|
juvenile courts, and all cases under Chapters 2151. and 2152. of | 1978 |
|
the Revised Code, all cases arising under Chapter 3111. of the | 1979 |
|
Revised Code, all divorce, dissolution of marriage, legal | 1980 |
|
separation, and annulment cases, all proceedings involving child | 1981 |
|
support, the allocation of parental rights and responsibilities | 1982 |
|
for the care of children and designation for the children of a | 1983 |
|
place of residence and legal custodian, parenting time, and | 1984 |
|
visitation, and all post-decree proceedings and matters arising | 1985 |
|
from those cases and proceedings shall be assigned to that judge | 1986 |
|
and the successors to that judge. Notwithstanding any other | 1987 |
|
provision of any section of the Revised Code, on and after January | 1988 |
|
2, 2005, the judge of the court of common pleas of Logan county | 1989 |
|
whose term begins on January 2, 2005, and the successors to that | 1990 |
|
judge, shall have all the powers relating to the probate division | 1991 |
|
of the court of common pleas of Logan county in addition to the | 1992 |
|
powers previously specified in this division and shall exercise | 1993 |
|
concurrent jurisdiction with the judge of the probate division of | 1994 |
|
that court over all matters that are within the jurisdiction of | 1995 |
|
the probate division of that court under Chapter 2101., and other | 1996 |
|
provisions, of the Revised Code in addition to the jurisdiction of | 1997 |
|
the domestic relations-juvenile-probate division of that court | 1998 |
|
otherwise specified in division (CC)(1) of this section. | 1999 |
|
(2) The judge of the domestic relations-juvenile-probate | 2000 |
|
division of the court of common pleas of Logan county or the | 2001 |
|
probate judge of the court of common pleas of Logan county who is | 2002 |
|
elected as the administrative judge of the probate division of the | 2003 |
|
court of common pleas of Logan county pursuant to Rule 4 of the | 2004 |
|
Rules of Superintendence shall be the clerk of the probate | 2005 |
|
division and juvenile division of the court of common pleas of | 2006 |
|
Logan county. The clerk of the court of common pleas who is | 2007 |
|
elected pursuant to section 2303.01 of the Revised Code shall keep | 2008 |
|
all of the journals, records, books, papers, and files pertaining | 2009 |
|
to the domestic relations cases. | 2010 |
|
(3) On and after January 2, 2005, all references in law to | 2011 |
|
"the probate court," "the probate judge," "the juvenile court," or | 2012 |
|
"the judge of the juvenile court" shall be construed, with respect | 2013 |
|
to Logan county, as being references to both "the probate | 2014 |
|
division" and the "domestic relations-juvenile-probate division" | 2015 |
|
and as being references to both "the judge of the probate | 2016 |
|
division" and the "judge of the domestic | 2017 |
|
relations-juvenile-probate division." On and after January 2, | 2018 |
|
2005, all references in law to "the clerk of the probate court" | 2019 |
|
shall be construed, with respect to Logan county, as being | 2020 |
|
references to the judge who is serving pursuant to division | 2021 |
|
(CC)(2) of this section as the clerk of the probate division of | 2022 |
|
the court of common pleas of Logan county. | 2023 |
| (DD)(1) In Champaign county, the judge of the court of common | 2024 |
|
pleas whose term begins February 9, 2003, and the judge of the | 2025 |
|
court of common pleas whose term begins February 10, 2009, and the | 2026 |
|
successors to those judges, shall have the same qualifications, | 2027 |
|
exercise the same powers and jurisdiction, and receive the same | 2028 |
|
compensation as the other judges of the court of common pleas of | 2029 |
|
Champaign county and shall be elected and designated as judges of | 2030 |
|
the court of common pleas, domestic relations-juvenile-probate | 2031 |
|
division. Except as otherwise specified in this division, those | 2032 |
|
judges, and the successors to those judges, shall have all the | 2033 |
|
powers relating to juvenile courts, and all cases under Chapters | 2034 |
|
2151. and 2152. of the Revised Code, all cases arising under | 2035 |
|
Chapter 3111. of the Revised Code, all divorce, dissolution of | 2036 |
|
marriage, legal separation, and annulment cases, all proceedings | 2037 |
|
involving child support, the allocation of parental rights and | 2038 |
|
responsibilities for the care of children and the designation for | 2039 |
|
the children of a place of residence and legal custodian, | 2040 |
|
parenting time, and visitation, and all post-decree proceedings | 2041 |
|
and matters arising from those cases and proceedings shall be | 2042 |
|
assigned to those judges and the successors to those judges. | 2043 |
|
Notwithstanding any other provision of any section of the Revised | 2044 |
|
Code, on and after February 9, 2009, the judges designated by this | 2045 |
|
division as judges of the court of common pleas of Champaign | 2046 |
|
county, domestic relations-juvenile-probate division, and the | 2047 |
|
successors to those judges, shall have all the powers relating to | 2048 |
|
probate courts in addition to the powers previously specified in | 2049 |
|
this division and shall exercise jurisdiction over all matters | 2050 |
|
that are within the jurisdiction of probate courts under Chapter | 2051 |
|
2101., and other provisions, of the Revised Code in addition to | 2052 |
|
the jurisdiction of the domestic relations-juvenile-probate | 2053 |
|
division otherwise specified in division (DD)(1) of this section. | 2054 |
| (2) On and after February 9, 2009, all references in law to | 2055 |
|
"the probate court," "the probate judge," "the juvenile court," or | 2056 |
|
"the judge of the juvenile court" shall be construed with respect | 2057 |
|
to Champaign county as being references to the "domestic | 2058 |
|
relations-juvenile-probate division" and as being references to | 2059 |
|
the "judge of the domestic relations-juvenile-probate division." | 2060 |
|
On and after February 9, 2009, all references in law to "the clerk | 2061 |
|
of the probate court" shall be construed with respect to Champaign | 2062 |
|
county as being references to the judge who is serving pursuant to | 2063 |
|
Rule 4 of the Rules of Superintendence for the Courts of Ohio as | 2064 |
|
the administrative judge of the court of common pleas, domestic | 2065 |
|
relations-juvenile-probate division. | 2066 |
| (EE) If a judge of the court of common pleas, division of | 2067 |
|
domestic relations, or juvenile judge, of any of the counties | 2068 |
|
mentioned in this section is sick, absent, or unable to perform | 2069 |
|
that judge's judicial duties or the volume of cases pending
in the | 2070 |
|
judge's division necessitates it, the
duties of that judge shall | 2071 |
|
be performed by another judge
of the court of common pleas of that | 2072 |
|
county, assigned for that
purpose by the presiding judge of the | 2073 |
|
court of common pleas of that county to act in place of or in | 2074 |
|
conjunction
with that judge, as the case may require. | 2075 |
| (1) Except as otherwise provided in this division, if the | 2083 |
|
offense is committed by a caretaker against a
functionally | 2084 |
|
impaired person under the caretaker's care, assault is
a felony
of | 2085 |
|
the fourth degree. If the offense is committed by a caretaker | 2086 |
|
against a functionally impaired person under the caretaker's care, | 2087 |
|
if the
offender previously has been convicted of or pleaded guilty | 2088 |
|
to a
violation of this section or section 2903.11 or 2903.16 of | 2089 |
|
the
Revised Code, and if in relation to the previous conviction | 2090 |
|
the
offender was a caretaker and the victim was a functionally | 2091 |
|
impaired person under the offender's care, assault is a felony of | 2092 |
|
the third degree. | 2093 |
| (a) The offense occurs in or on the grounds of a state | 2096 |
|
correctional institution or an institution of the department of | 2097 |
|
youth services, the victim of the offense is an employee of the | 2098 |
|
department of rehabilitation and correction, the department of | 2099 |
|
youth services, or a probation department or is on the premises
of | 2100 |
|
the particular institution for business purposes or as a
visitor, | 2101 |
|
and the offense is committed by a person incarcerated in
the state | 2102 |
|
correctional institution, by a person institutionalized in
the | 2103 |
|
department of youth services institution pursuant to a
commitment | 2104 |
|
to the department of youth services, by a
parolee,
by an offender | 2105 |
|
under transitional
control, under
a community
control sanction, or | 2106 |
|
on an escorted visit, by a person under
post-release control,
or | 2107 |
|
by an
offender under any other type of
supervision by a government | 2108 |
|
agency. | 2109 |
| (b) The offense occurs in or on the grounds of a local | 2110 |
|
correctional facility, the victim of the offense is an employee
of | 2111 |
|
the local correctional facility or a probation department or
is on | 2112 |
|
the premises of the facility for business purposes or as a | 2113 |
|
visitor, and the offense is committed by a person who is under | 2114 |
|
custody in the facility subsequent to the person's arrest for any | 2115 |
|
crime or
delinquent act, subsequent to the person's being charged | 2116 |
|
with or
convicted
of any crime, or subsequent to the person's | 2117 |
|
being alleged to be or
adjudicated a delinquent child. | 2118 |
| (c) The offense occurs off the grounds of a state | 2119 |
|
correctional institution and off the grounds of an institution of | 2120 |
|
the department of youth services, the victim of the offense is an | 2121 |
|
employee of the department of rehabilitation and correction, the | 2122 |
|
department of youth services, or a probation department, the | 2123 |
|
offense occurs during the employee's official work hours and
while | 2124 |
|
the employee is engaged in official work responsibilities, and
the | 2125 |
|
offense is committed by a person incarcerated in a state | 2126 |
|
correctional institution or institutionalized in the department
of | 2127 |
|
youth services who temporarily is outside of the institution
for | 2128 |
|
any purpose, by a
parolee,
by an offender under
transitional | 2129 |
|
control, under a
community control sanction, or on an
escorted | 2130 |
|
visit, by a person under
post-release control, or by an
offender | 2131 |
|
under any other type of supervision by
a government
agency. | 2132 |
| (d) The offense occurs off the grounds of a local | 2133 |
|
correctional facility, the victim of the offense is an employee
of | 2134 |
|
the local correctional facility or a probation department, the | 2135 |
|
offense occurs during the employee's official work hours and
while | 2136 |
|
the employee is engaged in official work responsibilities, and
the | 2137 |
|
offense is committed by a person who is under custody in the | 2138 |
|
facility subsequent to the person's arrest for any crime or | 2139 |
|
delinquent
act, subsequent to the person being charged with or | 2140 |
|
convicted of any
crime, or subsequent to the person being alleged | 2141 |
|
to be or
adjudicated a
delinquent child and who temporarily is | 2142 |
|
outside of the facility
for any purpose or by a
parolee, by an | 2143 |
|
offender under
transitional control, under a
community
control | 2144 |
|
sanction, or on an escorted visit, by a person
under post-release | 2145 |
|
control, or by an offender under any other type
of supervision by | 2146 |
|
a government
agency. | 2147 |
| (e) The victim of the offense is a school teacher or | 2148 |
|
administrator or a
school bus operator, and the offense occurs in | 2149 |
|
a school, on school premises,
in a school
building, on a school | 2150 |
|
bus, or while the victim is outside of school premises
or a school | 2151 |
|
bus and is engaged in duties or official
responsibilities | 2152 |
|
associated with the victim's employment or position
as a school | 2153 |
|
teacher or
administrator or a school bus operator, including, but | 2154 |
|
not limited to,
driving, accompanying, or chaperoning students at | 2155 |
|
or on class or field trips,
athletic events, or other school | 2156 |
|
extracurricular activities or functions
outside of school | 2157 |
|
premises. | 2158 |
| (4) If the victim of the offense is a peace officer or an | 2166 |
|
investigator of the bureau of criminal identification and | 2167 |
|
investigation and if
the victim
suffered serious physical harm as | 2168 |
|
a result of the
commission of the offense,
assault is a felony of | 2169 |
|
the fourth
degree, and the court, pursuant to division
(F) of | 2170 |
|
section 2929.13
of the Revised Code, shall
impose as a mandatory | 2171 |
|
prison term one
of the prison terms prescribed for a
felony of the | 2172 |
|
fourth degree
that is at least twelve months in duration. | 2173 |
| (5) If the victim of the offense is an officer or employee
of | 2174 |
|
a public
children services agency or a private child placing | 2175 |
|
agency and the offense
relates to the officer's or employee's | 2176 |
|
performance or anticipated performance
of official | 2177 |
|
responsibilities or duties, assault is either a felony of the | 2178 |
|
fifth degree
or, if the offender previously has been convicted of | 2179 |
|
or pleaded guilty
to an offense of violence, the victim of that | 2180 |
|
prior offense was an officer or
employee of a public children | 2181 |
|
services agency or private child placing agency,
and that prior | 2182 |
|
offense related to the officer's or employee's performance or | 2183 |
|
anticipated performance of official responsibilities or duties, a | 2184 |
|
felony of
the fourth degree. | 2185 |
| (4) "Local correctional facility" means a county, | 2193 |
|
multicounty, municipal, municipal-county, or
multicounty-municipal | 2194 |
|
jail or workhouse, a minimum security
jail established under | 2195 |
|
section 341.23 or 753.21 of
the Revised Code, or another county, | 2196 |
|
multicounty, municipal,
municipal-county, or multicounty-municipal | 2197 |
|
facility used for the
custody of persons arrested for any crime or | 2198 |
|
delinquent act,
persons charged with or convicted of any crime, or | 2199 |
|
persons
alleged to be or adjudicated a delinquent child. | 2200 |
| (B) Whoever violates this section is guilty of aggravated | 2230 |
|
menacing. Except as otherwise provided in this division, | 2231 |
|
aggravated menacing is a misdemeanor of the first degree. If the | 2232 |
|
victim of the offense is an officer or employee of a public | 2233 |
|
children services agency or a private child placing agency and the | 2234 |
|
offense
relates to the officer's or employee's performance or | 2235 |
|
anticipated performance
of official responsibilities or duties, | 2236 |
|
aggravated menacing is a felony of the
fifth degree
or, if the | 2237 |
|
offender previously has been convicted of or pleaded guilty
to an | 2238 |
|
offense of violence, the victim of that prior offense was an | 2239 |
|
officer or
employee of a public children services agency or | 2240 |
|
private child placing agency,
and that prior offense related to | 2241 |
|
the officer's or employee's performance or
anticipated performance | 2242 |
|
of official responsibilities or duties, a felony of
the fourth | 2243 |
|
degree. If the offense occurs in a courthouse or another building | 2244 |
|
or structure in which a courtroom is located, aggravated menacing | 2245 |
|
is a felony of the fifth degree. | 2246 |
|
(C) The Committee shall study the determination, assessment, | 2292 |
|
collection, and allocation of court costs and filing fees in | 2293 |
|
criminal actions and in civil actions and proceedings in this | 2294 |
|
state, including the amount of court costs and filing fees paid by | 2295 |
|
the parties to civil actions and proceedings or by defendants in | 2296 |
|
criminal actions. The Committee also shall review and study where | 2297 |
|
the money collected is deposited. Based on the Committee's | 2298 |
|
findings, the Committee shall prepare recommendations for any | 2299 |
|
changes that the Committee believes need to be made to the current | 2300 |
|
system for court costs and filing fees. | 2301 |
| (E) All meetings of the Committee are public meetings and | 2308 |
|
shall be open to the public at all times. A member of the | 2309 |
|
Committee shall be present in person at a meeting that is open to | 2310 |
|
the public in order to be considered present or to vote at the | 2311 |
|
meeting and for the purposes of determining whether a quorum is | 2312 |
|
present. The chairs of the Committee shall promptly prepare and | 2313 |
|
maintain the minutes of the meetings, and the minutes shall be | 2314 |
|
public records pursuant to section 149.43 of the Revised Code. The | 2315 |
|
committee shall give reasonable notice of the Committee's meetings | 2316 |
|
so that any person may determine the time and place of all | 2317 |
|
scheduled meetings. The Committee shall not hold a meeting unless | 2318 |
|
the Committee gives at least twenty-four hours advance notice to | 2319 |
|
the news media organizations that have requested notification of | 2320 |
|
the Committee's meetings. | 2321 |