| (B) There is hereby created in each county a county law | 29 |
|
library
resources board. The board shall consist of five members | 30 |
|
who shall
be appointed and hold office as provided in section | 31 |
|
307.511 of the
Revised Code. Beginning on January 1, 2010, | 32 |
|
subject
to appropriation pursuant to section 307.513 of the | 33 |
|
Revised Code,
the board shall provide legal research, reference, | 34 |
|
and library
services to the county and to the municipal | 35 |
|
corporations,
townships, and courts within the county and shall | 36 |
|
manage
the
coordination, acquisition, and utilization of legal | 37 |
|
resources. | 38 |
| (E) There is hereby established a transition advisory council | 69 |
|
that shall consist of those individuals serving as
members of the | 70 |
|
board of trustees of the law library association
of the county | 71 |
|
that, as of the effective date of this section,
received fines, | 72 |
|
penalties, and moneys arising from forfeited bail
under sections | 73 |
|
3375.50 to 3375.53 of the Revised Code. The
transition advisory | 74 |
|
council
shall exist from January 1, 2009, to
December 31, 2010. | 75 |
|
After
December 31, 2010, the board may create
an advisory | 76 |
|
council that
is
comprised of persons engaged in the
private | 77 |
|
practice of law
and
with expertise in the operation and
funding | 78 |
|
of law
libraries. | 79 |
|
(C)
During the period of July 1, 2009, through December
31, | 117 |
|
2010, the county law library resources board shall consist of | 118 |
|
seven
members and shall include members appointed pursuant to | 119 |
|
division
(A) of this section and two members who are residents of | 120 |
|
the
county appointed for this period by the board of trustees of | 121 |
|
the
law library association within the county that, prior to the | 122 |
|
effective date of this section, receives fines, penalties, and | 123 |
|
moneys arising from forfeited bail pursuant to sections 3375.50 to | 124 |
|
3375.53 of the Revised Code. | 125 |
| (E) Each member of the board shall hold office from the date | 133 |
|
of the member's appointment until the end of the term for which | 134 |
|
the member was appointed. Vacancies
shall be filled within sixty | 135 |
|
days after the vacancy occurs and
shall be filled in the manner | 136 |
|
provided for original appointments.
Any member appointed to fill | 137 |
|
a vacancy occurring prior to the
expiration date of the term for | 138 |
|
which the member's predecessor was
appointed shall hold office as | 139 |
|
a member for the remainder of that
term. A member shall continue | 140 |
|
in office subsequent to the
expiration date of the member's term | 141 |
|
until the member's successor
takes office or until a period of | 142 |
|
sixty days has elapsed,
whichever occurs first. | 143 |
| Sec. 307.512. Within fifteen days after July 1, 2009,
the | 149 |
|
county law library resources board shall hold its initial
meeting | 150 |
|
at the
office of the board of county commissioners at a
time | 151 |
|
that
the
chairperson of the county law library resources
board | 152 |
|
determines.
Thereafter, the board shall meet at least four
times | 153 |
|
a year, as
determined by the chairperson or at any other
time as | 154 |
|
determined by a majority of the board. A majority of the
members | 155 |
|
of the county
law library resources board constitutes a
quorum | 156 |
|
at any regular or
special meeting. | 157 |
| Sec. 307.513. (A) The county law library resources board | 158 |
|
shall
prepare an annual estimate of the revenue and expenditures | 159 |
|
of the
board for the calendar year commencing January 1, 2010, | 160 |
|
and for each year thereafter, and shall submit that
estimate
to | 161 |
|
the board of county commissioners as provided in
section
5705.28 | 162 |
|
of the Revised Code. The estimate of expenses
shall be | 163 |
|
sufficient to provide for the operation of the county
law library | 164 |
|
resources board. The estimate of revenue shall
clearly specify | 165 |
|
the
source of the revenue and shall include a
specific request | 166 |
|
for
monies to be appropriated to the county law
library | 167 |
|
resources fund
established pursuant to section 307.514 of
the | 168 |
|
Revised Code from
the county general fund for the ensuing
fiscal | 169 |
|
year. | 170 |
| (B) The board of county commissioners may appropriate funds | 171 |
|
from the county general fund for the use of the county law library | 172 |
|
resources board. Within fifteen days after the adoption of the | 173 |
|
annual appropriation measure pursuant to section 5705.38 of the | 174 |
|
Revised Code, the board of county commissioners shall transfer | 175 |
|
fifty per cent of the annual general fund appropriation to the | 176 |
|
county law library resources fund and shall transfer the remaining | 177 |
|
fifty
per cent of the annual general fund appropriation not later | 178 |
|
than
July 15 of each year. The funds appropriated by the board of | 179 |
|
county commissioners from the county law library resources fund | 180 |
|
shall be
disbursed by the county auditor's warrant drawn on the | 181 |
|
county
treasury five days after receipt of a voucher approved by | 182 |
|
the
county law librarian pursuant to procedures established by | 183 |
|
the
county law library resources board. | 184 |
| Sec. 307.514. There is hereby created in each county | 185 |
|
treasury a county law library resources fund, effective January 1, | 186 |
|
2010. The fund shall
receive all
revenue that is required to be | 187 |
|
deposited into the
fund pursuant to
division (D)(1) of section | 188 |
|
307.51 and section
307.515 of the Revised
Code, appropriated to | 189 |
|
the fund from the
general fund by the board
of county | 190 |
|
commissioners pursuant to
section 307.513 of the
Revised Code, | 191 |
|
or
designated for deposit
into the fund by gift or
bequest from | 192 |
|
any
person, firm, or
corporation. Expenditures from
the fund | 193 |
|
shall be
made pursuant
to the annual appropriation
measure | 194 |
|
adopted by the
board of
county commissioners under
section | 195 |
|
5705.38 of the Revised
Code. | 196 |
| Sec. 307.516. (A) Upon the recommendation of the county
law | 197 |
|
library resources boards of two or more adjacent counties, the | 198 |
|
boards
of county commissioners of those counties may enter into a | 199 |
|
contract to form a multi-county law library resources commission | 200 |
|
for
the
purpose of collaborating on behalf of the member | 201 |
|
counties in carrying out any or all of
the
duties and | 202 |
|
responsibilities conferred upon a county law
library
resources | 203 |
|
board by sections 307.51 to 307.516 of
the
Revised Code. The | 204 |
|
commission shall administer the contract. Members
of the | 205 |
|
commission shall consist of the chairperson of each
participating | 206 |
|
county law library resources board and one member
from each of | 207 |
|
the
county law library resources boards, who shall
be designated | 208 |
|
by the
members of each of the county law library
resources | 209 |
|
boards. | 210 |
(B)(1) Subject to divisions (C) and (D) of this section, | 230 |
throughDuring calendar year 20062009, the board of county | 231 |
|
commissioners
shall be responsible for paying the compensation of | 232 |
|
the librarian
and up to two assistant librarians of the law | 233 |
|
library appointed by
the board of trustees of the law library | 234 |
|
association under section
3375.48 of the Revised Code and the | 235 |
|
costs of the space in the
county courthouse or other building | 236 |
|
that the board provides for
the use of the law library under | 237 |
division (A) of this section,and the
utilities for that space, | 238 |
and furniture and fixtures for the law
library. | 239 |
(C) At any time prior to calendar year 2011, the board of | 286 |
trustees of a law library association referred to in section | 287 |
3375.48 of the Revised Code may elect to assume responsibility for | 288 |
paying the entire compensation of the librarian and all assistant | 289 |
librarians of the law library appointed under section 3375.48 of | 290 |
the Revised Code. If the board of trustees elects to assume that | 291 |
responsibility, the board of county commissioners of the county in | 292 |
which the association is located has no further obligation under | 293 |
division (B) of this section to make payments for the compensation | 294 |
of the law librarian and up to two assistant librarians. | 295 |
(D)(1) Except as otherwise provided in division (D)(2) of | 296 |
this section, if the board of trustees of a law library | 297 |
association referred to in section 3375.48 of the Revised Code | 298 |
rents, leases, lease-purchases, or otherwise acquires space to | 299 |
expand or enlarge the law library for the use of the law library, | 300 |
the board of county commissioners of the county in which the | 301 |
association is located has no further obligation under division | 302 |
(A) of this section to provide space in the county courthouse or | 303 |
any other building located in the county seat for the use of the | 304 |
law library and utilities for that space, and has no further | 305 |
obligation under division (B) of this section to make payments for | 306 |
the compensation of the librarian and up to two assistant | 307 |
librarians of the law library appointed under section 3375.48 of | 308 |
the Revised Code and for the costs of space in the county | 309 |
courthouse or any other building for the use of the law library, | 310 |
the utilities for that space, and the law library's furniture and | 311 |
fixtures. | 312 |
(F)(D) The books, computer
communications console that is a | 323 |
|
means of access to a system of
computerized legal research, | 324 |
|
microform materials and equipment,
videotape materials and | 325 |
|
equipment, audio or visual materials and
equipment, other | 326 |
|
materials and equipment utilized in conducting
legal research, | 327 |
|
furniture, and fixtures of the law library association that
are | 328 |
|
owned by, and used exclusively in, the law library are exempt
from | 329 |
|
taxation. | 330 |
Sec. 3375.50. Sec. 307.515. (A) All fines and penalties collected | 338 |
|
by, and
moneys arising from forfeited bail in, a municipal court | 339 |
|
for
offenses and misdemeanors brought for prosecution in the name | 340 |
|
of
a
municipal corporation under one of its penal ordinances, | 341 |
|
where
there is in force a state statute under which the offense | 342 |
|
might
be
prosecuted, or brought for prosecution in the name of | 343 |
the
state,
except a portion of suchthose fines, penalties, and | 344 |
moneys
whichthat, plus all costs collected monthly in suchthose | 345 |
|
state cases,
equal the compensation allowed by the board of county | 346 |
|
commissioners to the judges of the municipal court, its clerk,
and | 347 |
the prosecuting attorney of suchthat court in state cases, shall | 348 |
be retained by the clerk of suchthat municipal court, and shall | 349 |
be paiddeposited by
him forthwith,the clerk each month, to the | 350 |
board of trustees of
the law
library associationin the county | 351 |
|
law library resources fund that is created under section 307.514 | 352 |
of the
Revised Code in the county in which suchthat municipal | 353 |
corporation is located. The sum so retained and paid bythat the | 354 |
clerk of the municipal court to the board of trustees of such
law | 355 |
library associationdeposits in the county law library resources | 356 |
fund
shall,
in no month, be less than twenty-five
per cent of | 357 |
|
the
amount of
such fines, penalties, and moneys
received in that | 358 |
|
month, without
deducting the amount of the
allowance of the board | 359 |
|
of county
commissioners to the judges,
clerk, and prosecuting | 360 |
|
attorney. | 361 |
(D)(4) In counties having a population of in excess of one | 381 |
|
hundred fifty thousand, fifteen thousand dollars in any calendar | 382 |
year. The maximum amount to be paid by each such clerk shall be | 383 |
|
determined by the county auditor in December of each year for the | 384 |
next succeeding calendar year, and shall bear the same ratio to | 385 |
|
the total amount payable under this section from the clerks of
all | 386 |
|
municipal courts in such county as the total fines, costs,
and | 387 |
|
forfeitures received by the corresponding municipal court,
bear to | 388 |
|
the total fines, costs, and forfeitures received by all
the | 389 |
|
municipal courts in the county, as shown for the last
complete | 390 |
|
year of actual receipts, on the latest available budgets
of such | 391 |
|
municipal courts. Payments in the full amounts provided
in this | 392 |
|
section shall be made monthly by each clerk in each
calendar year | 393 |
until the maximum amount for such year has been
paid. When such | 394 |
| that amount, so determined by the auditor, has been
paid to the | 395 |
board of trustees of such law library
associationcounty law | 396 |
|
library
resources fund,
then no further payments shall be | 397 |
required in
that calendar year
from the clerk of suchthat court. | 398 |
| (B) The county treasurer, upon the voucher
of the county | 405 |
|
auditor, shall deposit fifty per cent of all moneys
collected by | 406 |
|
a county court
accruing from fines, penalties, and
forfeited | 407 |
|
bail, unless otherwise
distributed by law, in the county law | 408 |
|
library
resources fund in that county that is created under | 409 |
|
section
307.514 of the Revised Code. The county treasurer shall | 410 |
|
deposit
those moneys into that fund within thirty days after | 411 |
|
those moneys
have been paid into the
county treasury by the clerk | 412 |
|
of the
county court. | 413 |
| (C) In each county of the state, the clerk of the
court of | 420 |
|
common pleas and the clerk of the probate court shall
retain all | 421 |
|
fines and
penalties collected by, and moneys arising
from | 422 |
|
forfeited bail in,
the court of common pleas and the probate | 423 |
|
court of that county
for offenses and misdemeanors brought
for | 424 |
|
prosecution in those
courts in the name of the state and
monthly | 425 |
|
shall deposit those moneys in
the county law library resources | 426 |
|
fund in
that county that is created
under section 307.514 of the | 427 |
|
Revised
Code. The total sums so deposited
shall not exceed twelve | 428 |
|
hundred
fifty dollars
per annum, and when
that amount has been | 429 |
|
deposited
in the fund in accordance with this
section then no | 430 |
|
further
payments shall be required under this
section in that | 431 |
|
calendar
year from the clerks of those respective
courts. | 432 |
| (D) In each county, the treasurer of the county or
the | 437 |
|
treasurer of the municipal corporation shall deposit monthly | 438 |
|
fifty per cent of all fines
and penalties collected by, and fifty | 439 |
|
per cent of moneys arising from forfeited
bail in, any court in | 440 |
|
that county for offenses brought for
prosecution under Chapters | 441 |
|
4301. and 4303. of the Revised Code
and the state traffic laws in | 442 |
|
the county legal resources fund in that county that
is created | 443 |
|
under section 307.514 of the Revised Code. The sum so deposited in | 444 |
|
that fund by each treasurer shall
not exceed twelve
hundred | 445 |
|
dollars per annum under Chapters 4301.
and 4303. of the
Revised | 446 |
|
Code, and when that amount has been deposited in that fund
in | 447 |
|
accordance with this
section, then no further deposits shall
be | 448 |
|
required under this section in that calendar year from
those | 449 |
|
treasurers. | 450 |
| Sec. 733.40. Except as otherwise provided in section | 453 |
|
4511.193 of the Revised Code, all fines, forfeitures, and costs
in | 454 |
|
ordinance cases and all fees
that are collected by the mayor,
that | 455 |
|
in any manner come into
the mayor's
hands, or
that are due
the | 456 |
|
mayor or
a marshal, chief of police, or
other officer of the | 457 |
|
municipal
corporation, any other fees and
expenses
that have been | 458 |
|
advanced
out of the treasury of the
municipal corporation, and all | 459 |
|
money
received by
the mayor
for the use of
the
municipal | 460 |
|
corporation shall be paid by
the mayor into
the treasury
of the | 461 |
|
municipal corporation
on the first
Monday of each month. At the | 462 |
|
first regular meeting
of the
legislative authority each month, the | 463 |
|
mayor shall submit a
full
statement of all money received, from | 464 |
|
whom and for what
purposes
received, and when paid into the | 465 |
treasury. Except as
otherwise
provided by sections 3375.50 to | 466 |
3375.52section 307.515 or
4511.19 of the Revised
Code, all fines, | 467 |
|
and
forfeitures collected
by the mayor in state
cases, together | 468 |
|
with
all fees and expenses
collected
that
have been advanced out | 469 |
|
of
the county
treasury, shall be paid by
the mayor to
the county | 470 |
|
treasury on
the first business day of each month.
Except as | 471 |
otherwise
provided by sections 3375.50 to 3375.52section 307.515 | 472 |
|
or
4511.19 of
the
Revised Code,
the mayor shall pay all court | 473 |
|
costs and fees
collected
by the mayor in
state cases
into
the | 474 |
|
municipal
treasury
on the first business day of each month. | 475 |
| Sec. 1901.024. (A) The board of county commissioners of | 482 |
|
Hamilton county shall pay all of the costs of operation of the | 483 |
Hamilton county municipal court. Subject to sections 3375.50, | 484 |
3375.53307.515,
4511.19, 4511.193,
and 5503.04 of the
Revised | 485 |
|
Code and
to any other section of the Revised Code that requires a | 486 |
|
specific
manner of disbursement of any moneys received by a | 487 |
|
municipal
court, the county shall receive all of the costs, fees, | 488 |
|
and other
moneys, except fines collected for violations of | 489 |
|
municipal
ordinances and for violations of township resolutions | 490 |
|
adopted
pursuant to Chapter 504. of the Revised Code, that are | 491 |
|
received
by
the Hamilton county municipal court and shall receive | 492 |
|
fifty
per
cent of all of the fines for violations of municipal | 493 |
|
ordinances
and for violations of township resolutions adopted | 494 |
|
pursuant to
Chapter 504. of the Revised Code that are received by | 495 |
|
the court. | 496 |
| (B) The board of county commissioners of Lawrence county | 497 |
|
shall pay all of the costs of operation of the Lawrence county | 498 |
municipal court. Subject to sections 3375.50, 3375.53307.515, | 499 |
|
4511.19,
4511.193,
and 5503.04 of the Revised Code
and to any | 500 |
|
other
section
of the Revised Code that requires a specific manner | 501 |
|
of
disbursement of any moneys received by a municipal court, the | 502 |
|
county shall receive all of the costs, fees, and other moneys, | 503 |
|
except fines collected for violations of municipal ordinances and | 504 |
|
for violations of township resolutions adopted pursuant to
Chapter | 505 |
|
504. of the Revised Code, that are received by the
Lawrence county | 506 |
|
municipal court and shall receive fifty per cent
of all of the | 507 |
|
fines for violations of municipal ordinances and
for violations of | 508 |
|
township resolutions adopted pursuant to
Chapter 504. of the | 509 |
|
Revised Code that are received by the court. | 510 |
| (C) The board of county commissioners of Ottawa county shall | 511 |
|
pay all of the
costs of operation of the Ottawa county municipal | 512 |
court. Subject to sections
3375.50, 3375.53307.515,
4511.19, | 513 |
|
4511.193,
and 5503.04 of
the Revised Code and to
any other section | 514 |
|
of the
Revised Code that requires a specific manner of | 515 |
|
disbursement of
any moneys received by a municipal court, the | 516 |
|
county shall
receive
all of the costs, fees, and other moneys, | 517 |
|
except fines collected
for
violations of municipal ordinances and | 518 |
|
for violations of
township resolutions
adopted pursuant to Chapter | 519 |
|
504. of the
Revised Code, that are received by the
Ottawa county | 520 |
|
municipal
court and shall receive fifty per cent of all of the | 521 |
|
fines for
violations of municipal ordinances and for violations of | 522 |
|
township
resolutions adopted pursuant to Chapter 504. of the | 523 |
|
Revised Code
that are
received by the court. | 524 |
| (D) The board of county commissioners of a county in which
a | 525 |
|
county-operated municipal court is located shall pay all of the | 526 |
|
costs of operation of the municipal court. The county in which a | 527 |
|
county-operated municipal court that is not subject to division | 528 |
|
(A), (B), or (C) of this section is located shall receive all of | 529 |
|
the
costs, fees, and other moneys, except fines collected for | 530 |
|
violations of municipal ordinances and for violations of township | 531 |
|
resolutions adopted pursuant to Chapter 504. of the Revised Code | 532 |
and except as provided in sections 3375.50, 3375.53,307.515 and | 533 |
|
5503.04
of the Revised Code and in any other section of the | 534 |
|
Revised Code
that requires a specific manner of disbursement of | 535 |
|
any moneys
received by a municipal court, that are received by the | 536 |
|
court. | 537 |
| (1)(a) Except in the Akron, Barberton,
Toledo,
Hamilton | 543 |
|
county, Portage county,
and Wayne county municipal courts and | 544 |
|
through December 31, 2008, the Cuyahoga Falls municipal court, if | 545 |
|
the
population of the
territory equals or exceeds one hundred | 546 |
|
thousand at the regular
municipal election immediately preceding | 547 |
|
the
expiration of the
term of the present clerk, the clerk shall | 548 |
|
be
nominated and
elected by the qualified electors of the | 549 |
|
territory
in the manner
that is provided for the nomination and | 550 |
|
election of
judges in
section 1901.07 of the Revised Code. | 551 |
| (b) In the Hamilton county municipal court, the clerk of | 556 |
|
courts of Hamilton county shall be the clerk of the municipal | 557 |
|
court and may appoint an assistant clerk who shall receive the | 558 |
|
compensation, payable out of the treasury of Hamilton county in | 559 |
|
semimonthly installments, that the board of county commissioners | 560 |
|
prescribes. The clerk of courts of Hamilton county, acting as
the | 561 |
|
clerk of the Hamilton county municipal court and assuming the | 562 |
|
duties of that office, shall receive compensation at one-fourth | 563 |
|
the rate that is prescribed for the clerks of courts of common | 564 |
|
pleas as determined in accordance with the population of the | 565 |
|
county and the rates set forth in sections 325.08 and 325.18 of | 566 |
|
the Revised Code. This compensation shall be paid from the
county | 567 |
|
treasury in semimonthly installments and is in addition to
the | 568 |
|
annual compensation that is received for the performance of
the | 569 |
|
duties of the clerk of courts of Hamilton county, as provided
in | 570 |
|
sections 325.08 and 325.18 of the Revised Code. | 571 |
| (c) In the Portage county and Wayne county municipal
courts, | 572 |
|
the clerks of courts of Portage county and Wayne county
shall be | 573 |
|
the clerks, respectively, of the Portage county and
Wayne county | 574 |
|
municipal courts and may appoint a chief deputy
clerk for each | 575 |
|
branch that is established pursuant to section
1901.311 of the | 576 |
|
Revised Code and assistant clerks as the judges
of the municipal | 577 |
|
court determine are necessary, all of whom shall
receive the | 578 |
|
compensation that the legislative authority
prescribes. The
clerks | 579 |
|
of courts of Portage county and Wayne
county, acting as the
clerks | 580 |
|
of the Portage county and Wayne
county municipal courts and | 581 |
|
assuming the duties of these offices,
shall receive compensation | 582 |
|
payable from the county treasury in semimonthly
installments at | 583 |
|
one-fourth the rate that is prescribed for the clerks of
courts of | 584 |
|
common pleas as determined in accordance with the population of | 585 |
|
the
county and the rates set forth in sections 325.08 and 325.18 | 586 |
|
of the Revised
Code. | 587 |
| (d) Except as otherwise provided in division (A)(1)(d) of | 588 |
|
this section, in the Akron municipal court, candidates for | 589 |
|
election to the office of clerk of the court shall be nominated
by | 590 |
|
primary election. The primary election shall be held on the
day | 591 |
|
specified in the charter of the city of Akron for the
nomination | 592 |
|
of municipal officers. Notwithstanding any contrary provision of | 593 |
|
section 3513.05 or
3513.257 of the
Revised Code, the declarations | 594 |
|
of candidacy and petitions of partisan candidates and the | 595 |
|
nominating petitions of
independent candidates for the office of | 596 |
|
clerk of the Akron municipal court
shall be signed by at least | 597 |
|
fifty qualified electors
of the territory of the court. | 598 |
| If no valid declaration of candidacy and petition is filed
by | 607 |
|
any person for nomination as a candidate of a particular
political | 608 |
|
party for election to the office of clerk of the Akron
municipal | 609 |
|
court, a primary election shall not be held for the
purpose of | 610 |
|
nominating a candidate of that party for election to
that office. | 611 |
|
If only one person files a valid declaration of
candidacy and | 612 |
|
petition for nomination as a candidate of a
particular political | 613 |
|
party for election to that office, a primary
election shall not be | 614 |
|
held for the purpose of nominating a
candidate of that party for | 615 |
|
election to that office, and the
candidate shall be issued a | 616 |
|
certificate of nomination in the
manner set forth in section | 617 |
|
3513.02 of the Revised Code. | 618 |
| Declarations of candidacy and petitions, nominating | 619 |
|
petitions, and certificates of nomination for the office of clerk | 620 |
|
of the Akron municipal court shall contain a designation of the | 621 |
|
term for which the candidate seeks election. At the following | 622 |
|
regular municipal election, all candidates for the office shall
be | 623 |
|
submitted to the qualified electors of the territory of the
court | 624 |
|
in the manner that is provided in section 1901.07 of the
Revised | 625 |
|
Code for the election of the judges of the court. The
clerk so | 626 |
|
elected shall hold office for a term of six years, which
term | 627 |
|
shall commence on the first day of January following the clerk's | 628 |
|
election and continue until the clerk's successor is elected and | 629 |
|
qualified. | 630 |
| (e) Except as otherwise provided in division
(A)(1)(e) of | 631 |
|
this
section, in the Barberton municipal court, candidates for | 632 |
|
election
to the office of clerk of the court shall be nominated by | 633 |
|
primary
election. The primary election shall be held on the day | 634 |
|
specified
in the charter of the city of Barberton for the | 635 |
|
nomination of
municipal officers. Notwithstanding any contrary | 636 |
|
provision of section 3513.05 or
3513.257 of the
Revised Code, the | 637 |
|
declarations of candidacy and petitions of partisan candidates and | 638 |
|
the nominating petitions of
independent
candidates for the office | 639 |
|
of clerk of the Barberton municipal court shall be signed by at | 640 |
|
least
fifty qualified
electors of the territory of the court. | 641 |
| If no valid declaration of candidacy and petition is filed by | 650 |
|
any
person for nomination as a candidate of a particular political | 651 |
|
party for election to the office of clerk of the Barberton | 652 |
|
municipal court, a primary election shall not be held for the | 653 |
|
purpose of
nominating a candidate
of that party for election to | 654 |
|
that office. If only one person files a valid
declaration of | 655 |
|
candidacy and petition for nomination as a candidate of a | 656 |
|
particular political party for election to that office, a primary | 657 |
|
election shall not be held for the purpose of nominating a | 658 |
|
candidate of that party for election to that office, and the | 659 |
|
candidate shall be issued a certificate of nomination in the | 660 |
|
manner set forth in section 3513.02 of the Revised Code. | 661 |
| Declarations of candidacy and petitions, nominating | 662 |
|
petitions, and
certificates of nomination for the office of clerk | 663 |
|
of the
Barberton municipal court shall contain a designation of | 664 |
|
the term
for which the candidate seeks election. At the following | 665 |
|
regular municipal
election, all
candidates for the office shall be | 666 |
|
submitted to the qualified electors of the
territory of the
court | 667 |
|
in the manner that is provided in section 1901.07 of the
Revised | 668 |
|
Code for the election of the judges of the court.
The clerk so | 669 |
|
elected shall hold office for a term of six years, which
term | 670 |
|
shall commence on the first day of January following the
clerk's | 671 |
|
election and continue until the clerk's successor is elected and | 672 |
|
qualified. | 673 |
| (f)(i) Through December 31, 2008, except as otherwise | 674 |
|
provided in division
(A)(1)(f)(i) of
this
section, in the Cuyahoga | 675 |
|
Falls municipal court, candidates
for
election to the office of | 676 |
|
clerk of the court shall be
nominated by primary
election. The | 677 |
|
primary election shall be held
on the day specified in the
charter | 678 |
|
of the city of Cuyahoga Falls
for the nomination of
municipal | 679 |
|
officers. Notwithstanding any contrary provision of section | 680 |
|
3513.05 or
3513.257 of the
Revised Code, the declarations of | 681 |
|
candidacy and petitions of partisan candidates and the nominating | 682 |
|
petitions of
independent
candidates for the office of clerk of the | 683 |
|
Cuyahoga Falls municipal court shall be signed by at least
fifty | 684 |
|
qualified
electors of the territory of the court. | 685 |
| If no valid declaration of candidacy and petition is filed by | 694 |
|
any
person for nomination as a candidate of a particular political | 695 |
|
party for election to the office of clerk of the Cuyahoga
Falls | 696 |
|
municipal court, a primary election shall not be held for the | 697 |
|
purpose of nominating a candidate of that party for election to | 698 |
|
that office. If only one person files a valid declaration of | 699 |
|
candidacy and petition for nomination as a candidate of a | 700 |
|
particular political party for election to that office, a primary | 701 |
|
election shall not be held for the purpose of nominating a | 702 |
|
candidate of that party for election to that office, and the | 703 |
|
candidate shall be issued a certificate of nomination in the | 704 |
|
manner set forth in section 3513.02 of the Revised Code. | 705 |
| Declarations of candidacy and petitions, nominating | 706 |
|
petitions, and
certificates of nomination for the office of clerk | 707 |
|
of the Cuyahoga
Falls municipal court shall contain a designation | 708 |
|
of the term for
which the candidate seeks election. At the | 709 |
|
following regular municipal
election, all candidates for the | 710 |
|
office shall be submitted to the
qualified electors of the | 711 |
|
territory of the court in the manner
that is provided in section | 712 |
|
1901.07 of the Revised Code for
the
election of the judges of the | 713 |
|
court. The clerk so elected shall hold office
for
a term of six | 714 |
|
years, which term shall commence on the first day of
January | 715 |
|
following the clerk's election and continue until the
clerk's | 716 |
|
successor is elected and qualified. | 717 |
| (g) Except as otherwise provided in division
(A)(1)(g) of | 720 |
|
this
section, in the Toledo municipal court, candidates for | 721 |
|
election
to the office of clerk of the court shall be nominated by | 722 |
|
primary
election. The primary election shall be held on the day | 723 |
|
specified
in the charter of the city of Toledo for the nomination | 724 |
|
of
municipal officers. Notwithstanding any contrary provision of | 725 |
|
section 3513.05 or 3513.257 of the
Revised Code, the declarations | 726 |
|
of candidacy and petitions of partisan candidates and the | 727 |
|
nominating petitions of independent
candidates for the office of | 728 |
|
clerk of the Toledo municipal court
shall be signed by at least | 729 |
|
fifty qualified
electors
of the territory of the court. | 730 |
| If no valid declaration of candidacy and petition is filed by | 739 |
|
any
person for nomination as a candidate of a particular political | 740 |
|
party for election to the office of clerk of the Toledo municipal | 741 |
|
court, a primary election shall not be held for the purpose of | 742 |
|
nominating a candidate
of that party for election to that office. | 743 |
|
If only one person files a valid
declaration of
candidacy and | 744 |
|
petition for nomination as a candidate of a
particular political | 745 |
|
party for election to that office, a primary
election shall not be | 746 |
|
held for the purpose of nominating a
candidate of that party for | 747 |
|
election to that office, and the
candidate shall be issued a | 748 |
|
certificate of nomination in the
manner set forth in section | 749 |
|
3513.02 of the Revised Code. | 750 |
| Declarations of candidacy and petitions, nominating | 751 |
|
petitions, and
certificates of nomination for the office of clerk | 752 |
|
of the
Toledo municipal court shall contain a designation of the | 753 |
|
term
for which the candidate seeks election. At the following | 754 |
|
regular municipal
election, all
candidates for the office shall be | 755 |
|
submitted to the qualified electors of the
territory of the
court | 756 |
|
in the manner that is provided in section 1901.07 of the
Revised | 757 |
|
Code for the election of the judges of the court.
The clerk so | 758 |
|
elected shall hold office for a term of six years, which
term | 759 |
|
shall commence on the first day of January following the
clerk's | 760 |
|
election and continue until the clerk's successor is elected and | 761 |
|
qualified. | 762 |
| (c) In the Auglaize county, Brown county, and Holmes county | 772 |
|
municipal
courts, the
clerks of
courts of Auglaize
county, Brown | 773 |
|
county, and Holmes county shall be the
clerks,
respectively, of | 774 |
|
the
Auglaize
county, Brown county, and Holmes county municipal
| 775 |
|
courts and may appoint a
chief deputy clerk
for each branch office | 776 |
|
that
is
established pursuant to
section 1901.311
of the Revised | 777 |
|
Code,
and
assistant clerks as the
judge of the
court determines | 778 |
|
are
necessary, all of whom shall
receive the
compensation that the | 779 |
|
legislative authority
prescribes. The
clerks of courts of
Auglaize | 780 |
|
county,
Brown county, and Holmes county, acting as the
clerks of | 781 |
|
the Auglaize county, Brown
county, and Holmes county
municipal
| 782 |
|
courts
and assuming the
duties of
these offices, shall
receive | 783 |
|
compensation
payable from
the county treasury in semimonthly | 784 |
|
installments at
one-fourth the
rate that is prescribed for the | 785 |
|
clerks of
courts of
common pleas
as determined in accordance with | 786 |
|
the population of
the
county and
the rates set forth in sections | 787 |
|
325.08 and 325.18
of the Revised
Code. | 788 |
| (d) In the Columbiana county municipal court, the clerk of | 789 |
|
courts of
Columbiana county shall be the
clerk of the municipal | 790 |
|
court, may appoint a chief deputy
clerk for each branch office | 791 |
|
that is established pursuant to section
1901.311 of the Revised | 792 |
|
Code, and may appoint any assistant clerks that
the judges of the | 793 |
|
court determine are necessary. All of the chief deputy
clerks and | 794 |
|
assistant clerks shall receive the compensation that the | 795 |
|
legislative authority prescribes. The clerk of courts of | 796 |
|
Columbiana county, acting as
the clerk of the Columbiana
county | 797 |
|
municipal court and assuming the duties of that office,
shall | 798 |
|
receive in either biweekly installments or semimonthly | 799 |
|
installments, as determined by the payroll administrator, | 800 |
|
compensation payable from the county treasury at one-fourth the | 801 |
|
rate that is
prescribed
for the clerks of courts of common pleas | 802 |
|
as
determined in
accordance with the population of the county and | 803 |
|
the rates set
forth in sections 325.08 and 325.18 of the
Revised | 804 |
|
Code. | 805 |
| (B) Except in the Hamilton county,
Portage county, and Wayne | 810 |
|
county municipal courts, if a vacancy
occurs in the office of the | 811 |
|
clerk of the Alliance, Lorain,
Massillon, or Youngstown municipal | 812 |
|
court or occurs in the office
of the clerk of a municipal court | 813 |
|
for which the population of the
territory equals or exceeds one | 814 |
|
hundred thousand because the
clerk
ceases to hold the office | 815 |
|
before the end of the clerk's term or
because a clerk-elect fails | 816 |
|
to take office, the vacancy shall be
filled, until a successor is | 817 |
|
elected and qualified, by a person
chosen by the residents of the | 818 |
|
territory of the court who are
members of the county central | 819 |
|
committee of the political party by
which the last occupant of | 820 |
|
that office or the clerk-elect was
nominated. Not less than five | 821 |
|
nor more than fifteen days after a
vacancy occurs, those members | 822 |
|
of that county central committee
shall meet to make an appointment | 823 |
|
to fill the vacancy. At least
four days before the date of the | 824 |
|
meeting, the chairperson or a
secretary of the county central | 825 |
|
committee shall notify each such
member of that county central | 826 |
|
committee by first class
mail of the
date, time, and place
of the | 827 |
|
meeting and its purpose. A majority
of all such members of
that | 828 |
|
county central committee constitutes a
quorum, and a
majority of | 829 |
|
the quorum is
required to make the
appointment. If the office so | 830 |
|
vacated was
occupied or was to be
occupied by a person not | 831 |
|
nominated at a
primary election, or if
the appointment was not | 832 |
|
made by the
committee members in
accordance with this division, | 833 |
|
the court
shall make an appointment
to fill the vacancy. A | 834 |
|
successor shall
be elected to fill the
office for the unexpired | 835 |
|
term at the first
municipal election that
is held more than one | 836 |
|
hundred twenty days
after the vacancy
occurred. | 837 |
| (C)(1) In a municipal court, other than the Auglaize county, | 838 |
|
the Brown county,
the Columbiana county, the Holmes county, and | 839 |
|
the Lorain municipal
courts,
for which
the population of the | 840 |
|
territory is
less than one
hundred thousand, the clerk of
the | 841 |
|
municipal
court
shall receive
the annual compensation that the | 842 |
|
presiding
judge of the court
prescribes, if the revenue of the | 843 |
|
court for the
preceding calendar
year, as
certified by the auditor | 844 |
|
or chief
fiscal officer of the
municipal corporation
in which the | 845 |
|
court is
located or, in the
case of a county-operated municipal | 846 |
|
court, the
county auditor, is
equal to or greater than the | 847 |
|
expenditures,
including any debt
charges, for the operation of the | 848 |
|
court payable
under this
chapter
from the city treasury or, in the | 849 |
|
case of a
county-operated
municipal
court, the county treasury for | 850 |
|
that
calendar year, as
also certified by the
auditor or chief | 851 |
|
fiscal
officer. If the
revenue of a municipal court, other
than | 852 |
|
the
Auglaize county,
the
Brown county, the Columbiana county, and | 853 |
|
the
Lorain municipal
courts, for which
the population of the | 854 |
|
territory
is less than one
hundred thousand for
the preceding | 855 |
|
calendar year
as so
certified is
not equal to or
greater than | 856 |
|
those expenditures for
the
operation
of the court for
that | 857 |
|
calendar year as so certified,
the clerk of
a
municipal court | 858 |
|
shall receive the annual
compensation that the
legislative | 859 |
|
authority prescribes.
As used
in this division,
"revenue" means | 860 |
|
the total of all costs and fees
that are collected
and paid to the | 861 |
|
city
treasury or, in a
county-operated municipal
court, the county | 862 |
|
treasury by the
clerk
of the municipal court
under division (F) of | 863 |
|
this section and
all
interest received and
paid to the city | 864 |
|
treasury or, in a
county-operated
municipal
court, the county | 865 |
|
treasury in relation
to the costs and fees under
division (G) of | 866 |
|
this section. | 867 |
| (E) The clerk of a municipal court may do all of the | 884 |
|
following: administer oaths, take affidavits, and issue
executions | 885 |
|
upon any judgment rendered in the court, including a
judgment for | 886 |
|
unpaid costs; issue, sign, and attach the seal of
the
court to all | 887 |
|
writs, process, subpoenas, and papers issuing
out of
the court; | 888 |
|
and approve all bonds, sureties, recognizances,
and
undertakings | 889 |
|
fixed by any judge of the court or by law. The clerk
may
refuse to | 890 |
|
accept for filing any pleading or paper submitted
for filing by a | 891 |
|
person who has been found to be a vexatious
litigator under | 892 |
|
section 2323.52
of the Revised Code and who has
failed to obtain | 893 |
|
leave to proceed under that
section. The clerk
shall do all of the | 894 |
|
following: file and safely keep all
journals,
records, books, and | 895 |
|
papers belonging or appertaining to
the court;
record the | 896 |
|
proceedings of the court; perform all other
duties that
the judges | 897 |
|
of the court may prescribe; and keep a
book showing all
receipts | 898 |
|
and disbursements, which book shall be
open for public
inspection | 899 |
|
at all times. | 900 |
| The clerk shall prepare and maintain a general index, a | 901 |
|
docket, and other records that the court, by rule, requires, all | 902 |
|
of which shall be the public records of the court. In the
docket, | 903 |
|
the clerk shall enter, at the time of the commencement of
an | 904 |
|
action, the names of the parties in full, the names of the | 905 |
|
counsel, and the nature of the proceedings. Under proper dates, | 906 |
|
the clerk shall note the filing of the complaint, issuing of | 907 |
|
summons or
other process, returns, and any subsequent pleadings. | 908 |
|
The clerk
also shall enter all reports, verdicts, orders, | 909 |
|
judgments, and
proceedings of the court, clearly specifying the | 910 |
|
relief granted
or orders made in each action. The court may order | 911 |
|
an extended
record of any of the above to be made and entered, | 912 |
|
under the
proper action heading, upon the docket at the request of | 913 |
|
any
party to the case, the expense of which record may be taxed as | 914 |
|
costs in the case or may be required to be prepaid by the party | 915 |
|
demanding the record, upon order of the court. | 916 |
| (F) The clerk of a municipal court shall receive, collect, | 917 |
|
and issue receipts for all costs, fees, fines, bail, and other | 918 |
|
moneys payable to the office or to any officer of the court. The | 919 |
|
clerk
shall each month disburse to the proper persons or officers, | 920 |
|
and
take receipts for, all costs, fees, fines, bail, and other | 921 |
moneys
that the clerk collects. Subject to sections 3375.50 | 922 |
| 307.515 and
4511.193
of
the Revised Code and to any other section | 923 |
|
of the
Revised Code
that requires a specific manner of | 924 |
|
disbursement of
any moneys
received by a municipal court and | 925 |
|
except for the
Hamilton county,
Lawrence county, and Ottawa county | 926 |
|
municipal
courts, the clerk shall pay all
fines received for | 927 |
|
violation of
municipal ordinances into the
treasury of the | 928 |
|
municipal
corporation the ordinance of which was
violated and | 929 |
|
shall pay all
fines received for violation of
township resolutions | 930 |
|
adopted
pursuant to section 503.52 or 503.53 or Chapter 504. of | 931 |
|
the
Revised Code into the treasury of
the township the resolution | 932 |
|
of
which was violated. Subject to
sections 1901.024 and 4511.193 | 933 |
|
of
the Revised Code, in the
Hamilton county, Lawrence county, and | 934 |
|
Ottawa county
municipal
courts, the clerk shall pay fifty per cent | 935 |
|
of the fines
received
for violation of municipal ordinances and | 936 |
|
fifty per cent
of the
fines received for violation of township | 937 |
|
resolutions
adopted
pursuant to section 503.52 or 503.53 or | 938 |
|
Chapter 504. of the Revised Code into the
treasury of
the county. | 939 |
Subject to sections 3375.50, 3375.53307.515,
4511.19, and
5503.04 | 940 |
|
of the Revised Code and to any other section
of the
Revised Code | 941 |
|
that requires a specific manner of
disbursement of
any moneys | 942 |
|
received by a municipal court, the
clerk shall pay all
fines | 943 |
|
collected for the violation of state
laws into the county | 944 |
|
treasury. Except in a county-operated
municipal court, the clerk | 945 |
|
shall pay all costs and fees the
disbursement of which is not | 946 |
|
otherwise provided for in the
Revised
Code into the city treasury. | 947 |
|
The clerk of a
county-operated
municipal court shall pay the costs | 948 |
|
and fees the
disbursement of
which is not otherwise provided for | 949 |
|
in the
Revised Code into the
county treasury. Moneys deposited as | 950 |
|
security for costs shall be
retained pending the litigation. The | 951 |
|
clerk shall keep a separate
account of all receipts and | 952 |
|
disbursements in civil and criminal
cases, which shall be a | 953 |
|
permanent public record of the office. On
the expiration of the | 954 |
|
term of the clerk, the clerk shall deliver
the records to the | 955 |
|
clerk's
successor. The clerk shall have other
powers and duties
as | 956 |
|
are prescribed by
rule or order of the court. | 957 |
| (G) All moneys paid into a municipal court shall be noted
on | 958 |
|
the record of the case in which they are paid and shall be | 959 |
|
deposited in a state or national bank, or a domestic savings and | 960 |
|
loan association, as defined in section 1151.01 of the Revised | 961 |
|
Code, that is selected by the clerk. Any interest received upon | 962 |
|
the deposits shall be paid into the city treasury, except that, in | 963 |
|
a county-operated municipal court, the interest shall be paid
into | 964 |
|
the treasury of the county in which the court is located. | 965 |
| On the first Monday in January of each year, the clerk
shall | 966 |
|
make a list of the titles of all cases in the court that
were | 967 |
|
finally determined more than one year past in which there
remains | 968 |
|
unclaimed in the possession of the clerk any funds, or
any part of | 969 |
|
a deposit for security of costs not consumed by the
costs in the | 970 |
|
case. The clerk shall give notice of the moneys to
the parties
who | 971 |
|
are entitled to the moneys or to their attorneys
of record.
All | 972 |
|
the moneys remaining unclaimed on the first day
of April of
each | 973 |
|
year shall be paid by the clerk to the city
treasurer, except | 974 |
|
that, in a county-operated municipal court, the
moneys shall be | 975 |
|
paid to the treasurer of the county in which the
court is located. | 976 |
|
The treasurer shall pay any part of the
moneys at any time to the | 977 |
|
person who has the right to the
moneys upon proper certification | 978 |
|
of the clerk. | 979 |
| (H) Deputy clerks of a municipal court other than the Carroll | 980 |
|
county municipal court may be appointed by the clerk and shall | 981 |
|
receive the compensation, payable in either biweekly installments | 982 |
|
or semimonthly installments, as determined by the payroll | 983 |
|
administrator, out
of the city treasury, that the clerk may | 984 |
|
prescribe, except that
the compensation of any deputy clerk of a | 985 |
|
county-operated
municipal court shall be paid out of the treasury | 986 |
|
of the county
in
which the court is located. The judge of the | 987 |
|
Carroll county municipal court may appoint deputy clerks for the | 988 |
|
court, and the deputy clerks shall receive the compensation, | 989 |
|
payable in biweekly installments out of the county treasury, that | 990 |
|
the judge may prescribe. Each deputy clerk shall take an
oath
of | 991 |
|
office before entering upon the duties of the deputy clerk's | 992 |
|
office
and, when so qualified, may perform the duties appertaining | 993 |
|
to the
office of the clerk. The clerk may require any of the | 994 |
|
deputy
clerks to give bond of not less than three thousand | 995 |
|
dollars,
conditioned for the faithful performance of the deputy | 996 |
|
clerk's duties. | 997 |
| Sec. 1907.20. (A) The clerk of courts shall be the clerk
of | 1010 |
|
the county court, except that the board of county
commissioners, | 1011 |
|
with the concurrence of the county court judges,
may appoint a | 1012 |
|
clerk for each county court judge, who shall serve
at the pleasure | 1013 |
|
of the board and shall receive compensation as
set by the board, | 1014 |
|
payable in semimonthly installments from the
treasury of the | 1015 |
|
county. An appointed clerk, before entering upon
the duties of
the | 1016 |
|
office, shall give bond of not less than five
thousand
dollars, as | 1017 |
|
determined by the board of county
commissioners,
conditioned upon | 1018 |
|
the faithful performance of
the clerk's duties. | 1019 |
| The clerks of courts of common pleas, when acting as the | 1020 |
|
clerks of county
courts, and upon assuming their county court | 1021 |
|
duties, shall
receive compensation at one-fourth the rate | 1022 |
|
prescribed for the
clerks of courts of common pleas as determined | 1023 |
|
in accordance with
the population of the county and the rates set | 1024 |
|
forth in sections
325.08 and 325.18 of the Revised Code. This | 1025 |
|
compensation shall
be paid from the county treasury in semimonthly | 1026 |
|
installments and
is in addition to the annual compensation | 1027 |
|
received for the
performance of the duties of the clerk of a court | 1028 |
|
of common
pleas as provided in sections 325.08
and 325.18 of the | 1029 |
|
Revised Code. | 1030 |
| (B) The clerk of a county court shall have general powers
to | 1031 |
|
administer oaths, take affidavits, and issue executions upon
any | 1032 |
|
judgment rendered in the county court, including a judgment
for | 1033 |
|
unpaid costs, power to issue and sign all writs, process, | 1034 |
|
subpoenas, and papers issuing out of the court, and to attach the | 1035 |
|
seal of the court to them, and power to approve all bonds, | 1036 |
|
sureties, recognizances, and undertakings fixed by any judge of | 1037 |
|
the court or by law. The clerk shall file and safely keep all | 1038 |
|
journals,
records, books, and papers belonging or appertaining to | 1039 |
|
the
court, record its proceedings, perform all other duties that | 1040 |
|
the
judges of the court may prescribe, and keep a book showing all | 1041 |
|
receipts and disbursements, which shall be open for public | 1042 |
|
inspection at all times. The clerk may refuse to accept for
filing | 1043 |
|
any
pleading or paper submitted for filing by a person who
has | 1044 |
|
been found to be a
vexatious litigator under section 2323.52
of | 1045 |
|
the Revised
Code and who has failed to obtain leave to proceed | 1046 |
|
under that
section. | 1047 |
| The clerk shall prepare and maintain a general index, a | 1048 |
|
docket as prescribed by the court, which shall be furnished by
the | 1049 |
|
board of county commissioners, and such other records as the | 1050 |
|
court, by rule, requires, all of which shall be the public
records | 1051 |
|
of the court. In the docket, the clerk shall enter at times
of
the | 1052 |
|
commencement of an action, the names of the parties in full,
the | 1053 |
|
names of the counsel, and the nature of the proceedings.
Under | 1054 |
|
proper
dates, the clerk shall note the filing of the
complaint, | 1055 |
|
issuing of summons or other process, returns, and
pleadings | 1056 |
|
subsequent thereto. The clerk also shall enter all
reports, | 1057 |
|
verdicts,
orders, judgments, and proceedings of the
court, clearly | 1058 |
|
specifying the relief granted or orders made in
each action. The | 1059 |
|
court may order an extended record of any of the
above to be made | 1060 |
|
and entered, under the proper action heading,
upon the docket at | 1061 |
|
the request of any party to the case, the
expense of which may be | 1062 |
|
taxed as costs in the case or may be
required to be prepaid by
the | 1063 |
|
party demanding the extended record,
upon order of the court. | 1064 |
| (C) The clerk of a county court shall receive and collect
all | 1065 |
|
costs, fees, fines, penalties, bail, and other moneys payable
to | 1066 |
|
the office or to any officer of the court and issue receipts | 1067 |
|
therefor, and shall each month disburse the costs, fees, fines, | 1068 |
|
penalties, bail, and other moneys to the proper persons or | 1069 |
officers and take receipts therefor. Subject to sections
3375.51, | 1070 |
3375.53307.515,
4511.19, 4511.193, and
5503.04 of the Revised | 1071 |
|
Code and
all other statutes that require a different distribution | 1072 |
|
of
fines,
fines received for violations of municipal ordinances | 1073 |
|
shall be
paid into the treasury of the municipal corporation
whose | 1074 |
|
ordinance was violated, fines received for violations of
township | 1075 |
|
resolutions adopted pursuant to section 503.52 or 503.53 or | 1076 |
|
Chapter 504. of the
Revised Code
shall be paid into the treasury | 1077 |
|
of the township
whose resolution
was violated, and fines collected | 1078 |
|
for the
violation of state laws
shall be paid into the county | 1079 |
|
treasury.
Moneys deposited as
security for costs shall be retained | 1080 |
|
pending
the litigation. | 1081 |
| (D) All moneys paid into a county court shall be noted on
the | 1089 |
|
record of the case in which they are paid and shall be
deposited | 1090 |
|
in a state or national bank selected by the clerk. On
the first | 1091 |
|
Monday in January of each year, the clerk shall make a
list of the | 1092 |
|
titles of all cases in the county court that were
finally | 1093 |
|
determined more than one year past in which there remains | 1094 |
|
unclaimed in the possession of the clerk any funds, or any part
of | 1095 |
|
a deposit for security of costs not consumed by the costs in
the | 1096 |
|
case. The clerk shall give notice of the moneys to the
parties | 1097 |
|
entitled to them or to their attorneys of record. All
the moneys | 1098 |
|
remaining unclaimed on the first day of April of
each year shall | 1099 |
|
be paid by the clerk to the county treasurer. Any
part of the | 1100 |
|
moneys shall be paid by the county treasurer at
any time to the | 1101 |
|
person having the right to them, upon proper
certification of the | 1102 |
|
clerk. | 1103 |
| (E)(1) In county court districts having appointed clerks, | 1104 |
|
deputy clerks may be appointed by the board of county | 1105 |
|
commissioners. Clerks and deputy clerks shall receive such | 1106 |
|
compensation payable in semimonthly installments out of the
county | 1107 |
|
treasury as the board may prescribe. Each deputy clerk
shall take | 1108 |
|
an oath of office before entering upon the duties of
the deputy | 1109 |
|
clerk's office and, when so qualified, may perform the
duties | 1110 |
|
appertaining to the office of the clerk. The clerk may require
any | 1111 |
|
of the deputy clerks to give bond of not less than three
thousand | 1112 |
|
dollars, conditioned for the faithful performance of the
deputy | 1113 |
|
clerk's duties. | 1114 |
| (F)(1) In county court districts having appointed clerks,
the | 1126 |
|
board of county commissioners may order the establishment of
one | 1127 |
|
or more branch offices of the clerk and, with the concurrence
of | 1128 |
|
the county judges, may appoint a special deputy clerk to | 1129 |
|
administer each branch office. Each special deputy clerk shall | 1130 |
|
take an oath of office before entering upon the duties of the | 1131 |
|
deputy clerk's
office and, when so qualified, may perform any one | 1132 |
|
or more of the
duties appertaining to the office of clerk, as the | 1133 |
|
board
prescribes. Special deputy clerks shall receive such | 1134 |
|
compensation payable in semimonthly installments out of the
county | 1135 |
|
treasury as the board may prescribe. The board may
require any of | 1136 |
|
the special deputy clerks to give bond of not less
than three | 1137 |
|
thousand dollars, conditioned for the faithful
performance of the | 1138 |
|
deputy clerk's duties. | 1139 |
| (2) A clerk of courts acting as clerk of the county court
may | 1145 |
|
establish one or more branch offices for the clerk's duties as | 1146 |
|
clerk of the county court and, with the concurrence of the
county | 1147 |
|
court judges, may appoint a special deputy clerk to administer | 1148 |
|
each branch office. Each special deputy clerk shall take an oath | 1149 |
|
of office
before entering upon the deputy clerk's duties and, when | 1150 |
|
so qualified, may
perform
any of the duties pertaining to the | 1151 |
|
office of clerk, as the clerk of courts
prescribes. The clerk of | 1152 |
|
courts may require any of the special
deputy clerks to give bond | 1153 |
|
of not less than three thousand
dollars, conditioned for the | 1154 |
|
faithful performance of the deputy clerk's
duties. | 1155 |
| (B) Unless the court, in accordance with division (C) of
this | 1187 |
|
section, enters in the record of the case a different method
of | 1188 |
|
assigning
payments, if a person who
is
charged with a misdemeanor | 1189 |
|
is convicted of or pleads guilty
to
the
offense, if the court | 1190 |
|
orders the offender to pay any
combination
of
court costs,
state | 1191 |
|
fines or costs, restitution, a
conventional fine, or
any | 1192 |
|
reimbursement, and
if
the
offender makes any payment
of any of | 1193 |
|
them to a clerk of court,
the clerk
shall assign the
offender's | 1194 |
|
payment
in the following manner: | 1195 |
| (C) If a person who is charged with a misdemeanor is | 1221 |
|
convicted of or pleads guilty to the offense and if the court | 1222 |
|
orders the offender to pay any combination of
court costs,
state | 1223 |
|
fines or costs, restitution,
fines, or
reimbursements, the court, | 1224 |
|
at the time it orders
the
offender to
make those payments, may | 1225 |
|
prescribe
an
order of
payments
that
differs
from the
order set | 1226 |
|
forth in division (B) of
this section
by entering in
the record of | 1227 |
|
the
case the
order so
prescribed.
If a different
order is entered | 1228 |
|
in the record,
on receipt
of any payment,
the
clerk of the
court | 1229 |
|
shall assign the payment
in the manner
prescribed by the court. | 1230 |
| (C) Initial appointments to the statewide consortium board | 1245 |
|
shall be
made on or before January 1, 2011. Of the
initial | 1246 |
|
appointments, the
initial term of the member appointed by
the | 1247 |
|
county
commissioners association who is not the chief | 1248 |
|
administrator of a county library resources board and the member | 1249 |
|
appointed by the
Ohio judicial
conference shall be for a term | 1250 |
|
ending December 31,
2014. The initial term of the member | 1251 |
|
appointed by the Ohio state
bar association and the member | 1252 |
|
appointed by the county
commissioners association who is the | 1253 |
|
chief administrator of a
county law library resources board shall | 1254 |
|
be for a term ending
December 31,
2016. Thereafter, terms for | 1255 |
|
all members shall be
for
five years,
with each term ending on | 1256 |
|
the same day of the
same
month as did
the term that it | 1257 |
|
succeeds. | 1258 |
| Each member appointed pursuant to division (B) of this | 1259 |
|
section shall hold office from the date of the member's | 1260 |
|
appointment until the end of the term for which the member was | 1261 |
|
appointed. Vacancies
shall be filled within sixty days after the | 1262 |
|
vacancy occurs and
shall be filled in the manner provided for | 1263 |
|
original appointments.
Any member appointed to fill a vacancy | 1264 |
|
occurring prior to the
expiration date of the term for which the | 1265 |
|
member's predecessor was
appointed shall hold office as a member | 1266 |
|
for the remainder of that
term. A member shall continue in office | 1267 |
|
subsequent to the
expiration date of the member's term until the | 1268 |
|
member's successor
takes office or until a period of sixty days | 1269 |
|
has elapsed,
whichever occurs first. | 1270 |
| (E)(1) There is hereby created in the state treasury the | 1287 |
|
statewide consortium of county law library resources boards fund. | 1288 |
|
Commencing January 1, 2011, each county
treasurer shall
deposit | 1289 |
|
two per cent of the funds
deposited
pursuant to section 307.515 | 1290 |
|
of the Revised Code into
the county
law library resources
fund | 1291 |
|
of the treasurer's county,
established under
section 307.514
of | 1292 |
|
the Revised Code, from the
immediately
preceding calendar year | 1293 |
|
into the statewide
consortium of county law library
resources | 1294 |
|
boards fund. The
statewide consortium board may recommend in | 1295 |
|
writing and submit to
each county law library resources board an | 1296 |
|
increase
or decrease
in the percentage
of funds that must be | 1297 |
|
deposited
into the
statewide consortium fund by county | 1298 |
|
treasurers pursuant to the
division. Upon the receipt of written | 1299 |
|
approval of the
recommendation from a majority of the county law | 1300 |
|
library resources
boards, the recommendation shall become | 1301 |
|
effective on January 1 of
the succeeding year. The statewide | 1302 |
|
consortium board of the county
law library
resources boards | 1303 |
|
shall make any recommendations not
later than the
first day of | 1304 |
|
April for the proceeding fiscal year,
and any action
by a county | 1305 |
|
law library resources board on the
recommendation shall be | 1306 |
|
certified to the statewide consortium
board not later than the | 1307 |
|
first day of
June of that year. | 1308 |
| (b) All fines collected from, and all moneys arising from | 1349 |
|
bonds forfeited by, persons apprehended or arrested by a township | 1350 |
|
constable or other township police officer pursuant to division | 1351 |
|
(B)(2) of section 4513.39 of the Revised Code for a violation of | 1352 |
|
section 4511.21 of the Revised Code or any other law, ordinance, | 1353 |
|
or regulation pertaining to speed that occurred on a highway | 1354 |
|
included as part of the interstate system, as defined in section | 1355 |
|
5516.01 of the Revised Code, shall be paid into the county | 1356 |
|
treasury and be credited as provided in the first paragraph of | 1357 |
|
this section. | 1358 |
| (2) All fines collected from, and all moneys arising from | 1369 |
|
bonds forfeited by, persons arrested under division (E)(3)
of | 1370 |
|
section 2935.03 of the Revised Code are deemed to be collected, | 1371 |
|
and to arise, from arrests made within the jurisdiction in which | 1372 |
|
the arresting officer is appointed, elected, or employed, for | 1373 |
|
violations of municipal ordinances that are substantially | 1374 |
|
equivalent to one of the sections or one of the provisions of one | 1375 |
|
of the chapters of the Revised Code listed in division
(E)(1)
of | 1376 |
|
that section and for violations of one of the sections or one of | 1377 |
|
the provisions of one of the chapters of the Revised Code listed | 1378 |
|
in division (E)(1) of that section, and shall be distributed | 1379 |
|
accordingly. | 1380 |