As Reported by the Senate Judiciary--Civil Justice Committee

128th General Assembly
Regular Session
2009-2010
Sub. H. B. No. 238


Representative Harwood 

Cosponsors: Representatives Murray, Williams, B., Pillich, Yuko, Chandler, Huffman, Letson, Bacon, Batchelder, Belcher, Bolon, Boyd, Brown, Bubp, Carney, Coley, Combs, DeBose, DeGeeter, Domenick, Driehaus, Dyer, Evans, Fende, Garland, Goyal, Grossman, Hagan, Harris, Hottinger, Luckie, Mallory, Newcomb, Oelslager, Okey, Patten, Phillips, Snitchler, Yates 

Senator Miller, D. 

A BILL
To amend sections 124.81, 1901.01, 1901.02, 1901.03, 1
1901.07, 1901.08, 1901.31, 1901.312, 1901.32, 2
1901.34, 1907.11, 1907.18, 1907.26, 2903.213, 3
2919.26, 3105.171, 3105.63, and 3105.65 of the 4
Revised Code to require the court in divorce or 5
legal separation proceedings to require the 6
spouses to fully disclose their assets and to 7
include nondisclosure of assets as financial 8
misconduct, to permit a court to modify a division 9
of property in a divorce decree or decree of 10
dissolution of marriage upon the express written 11
consent or agreement of both spouses, to eliminate 12
the prohibition against a municipal or county 13
court judge being eligible for life insurance 14
coverage from a county or other political 15
subdivision, to change the statutory designation 16
of the Chardon, Lyndhurst, and Miamisburg 17
Municipal Court judges from part-time to full-time 18
judges, to prohibit a county court judge from 19
retaining a fee for performing a marriage 20
ceremony, to remove the statutorily required 21
notice regarding possessing or purchasing a 22
firearm when subject to certain nondomestic 23
violence protection orders issued as a pretrial 24
condition of release, to modify the notice 25
requirements regarding possessing or purchasing a 26
firearm when subject to a domestic 27
violence-related temporary protection order, to 28
create the Putnam County Municipal Court in Ottawa 29
on January 1, 2011, to establish one full-time 30
judgeship in that court, to provide for the 31
nomination of the judge by petition only, to 32
abolish the Putnam County County Court on that 33
date, to designate the Putnam County Clerk of 34
Courts as the clerk of the Putnam County Municipal 35
Court, to provide for the election for the Putnam 36
County Municipal Court of one full-time judge in 37
2011, and to make deputy sheriffs ex officio 38
bailiffs of municipal courts.39


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

       Section 1. That sections 124.81, 1901.01, 1901.02, 1901.03, 40
1901.07, 1901.08, 1901.31, 1901.312, 1901.32, 1901.34, 1907.11, 41
1907.18, 1907.26, 2903.213, 2919.26, 3105.171, 3105.63, and 42
3105.65 of the Revised Code be amended to read as follows:43

       Sec. 124.81.  (A) Except as provided in division (F) of this 44
section, the department of administrative services in consultation 45
with the superintendent of insurance shall negotiate with and, in 46
accordance with the competitive selection procedures of Chapter 47
125. of the Revised Code, contract with one or more insurance 48
companies authorized to do business in this state, for the 49
issuance of one of the following:50

       (1) A policy of group life insurance covering all state 51
employees who are paid directly by warrant of the state auditor, 52
including elected state officials;53

       (2) A combined policy, or coordinated policies of one or more 54
insurance companies or health insuring corporations in combination 55
with one or more insurance companies providing group life and 56
health, medical, hospital, dental, or surgical insurance, or any 57
combination thereof, covering all such employees;58

       (3) A policy that may include, but is not limited to, 59
hospitalization, surgical, major medical, dental, vision, and 60
medical care, disability, hearing aids, prescription drugs, group 61
life, life, sickness, and accident insurance, group legal 62
services, or a combination of the above benefits for some or all 63
of the employees paid in accordance with section 124.152 of the 64
Revised Code and for some or all of the employees listed in 65
divisions (B)(2) and (4) of section 124.14 of the Revised Code, 66
and their immediate dependents.67

       (B) The department of administrative services in consultation 68
with the superintendent of insurance shall negotiate with and, in 69
accordance with the competitive selection procedures of Chapter 70
125. of the Revised Code, contract with one or more insurance 71
companies authorized to do business in this state, for the 72
issuance of a policy of group life insurance covering all 73
municipal and county court judges. The amount of such coverage 74
shall be an amount equal to the aggregate salary set forth for 75
each municipal court judge in sections 141.04 and 1901.11 of the 76
Revised Code, and set forth for each county court judge in 77
sections 141.04 and 1907.16 of the Revised Code. On and after the 78
effective date of the policy of group life insurance coverage, a 79
municipal or county court judge is ineligible for life insurance 80
coverage from a county or other political subdivision.81

       (C) If a state employee uses all accumulated sick leave and 82
then goes on an extended medical disability, the policyholder 83
shall continue at no cost to the employee the coverage of the 84
group life insurance for such employee for the period of such 85
extended leave, but not beyond three years.86

       (D) If a state employee insured under a group life insurance 87
policy as provided in division (A) of this section is laid off 88
pursuant to section 124.32 of the Revised Code, such employee by 89
request to the policyholder, made no later than the effective date 90
of the layoff, may elect to continue the employee's group life 91
insurance for the one-year period through which the employee may 92
be considered to be on laid-off status by paying the policyholder 93
through payroll deduction or otherwise twelve times the monthly 94
premium computed at the existing average rate for the group life 95
case for the amount of the employee's insurance thereunder at the 96
time of the employee's layoff. The policyholder shall pay the 97
premiums to the insurance company at the time of the next regular 98
monthly premium payment for the actively insured employees and 99
furnish the company appropriate data as to such laid-off 100
employees. At the time an employee receives written notice of a 101
layoff, the policyholder shall also give such employee written 102
notice of the opportunity to continue group life insurance in 103
accordance with this division. When such laid-off employee is 104
reinstated for active work before the end of the one-year period, 105
the employee shall be reclassified as insured again as an active 106
employee under the group and appropriate refunds for the number of 107
full months of unearned premium payment shall be made by the 108
policyholder.109

       (E) This section does not affect the conversion rights of an 110
insured employee when the employee's group insurance terminates 111
under the policy.112

       (F) Notwithstanding division (A) of this section, the 113
department may provide benefits equivalent to those that may be 114
paid under a policy issued by an insurance company, or the 115
department may, to comply with a collectively bargained contract, 116
enter into an agreement with a jointly administered trust fund 117
which receives contributions pursuant to a collective bargaining 118
agreement entered into between this state, or any of its political 119
subdivisions, and any collective bargaining representative of the 120
employees of this state or any political subdivision for the 121
purpose of providing for self-insurance of all risk in the 122
provision of fringe benefits similar to those that may be paid 123
pursuant to division (A) of this section, and the jointly 124
administered trust fund may provide through the self-insurance 125
method specific fringe benefits as authorized by the rules of the 126
board of trustees of the jointly administered trust fund. Amounts 127
from the fund may be used to pay direct and indirect costs that 128
are attributable to consultants or a third-party administrator and 129
that are necessary to administer this section. Benefits provided 130
under this section include, but are not limited to, 131
hospitalization, surgical care, major medical care, disability, 132
dental care, vision care, medical care, hearing aids, prescription 133
drugs, group life insurance, sickness and accident insurance, 134
group legal services, or a combination of the above benefits, for 135
the employees and their immediate dependents.136

       (G) Notwithstanding any other provision of the Revised Code, 137
any public employer, including the state, and any of its political 138
subdivisions, including, but not limited to, any county, county 139
hospital, municipal corporation, township, park district, school 140
district, state institution of higher education, public or special 141
district, state agency, authority, commission, or board, or any 142
other branch of public employment, and any collective bargaining 143
representative of employees of the state or any political 144
subdivision may agree in a collective bargaining agreement that 145
any mutually agreed fringe benefit including, but not limited to, 146
hospitalization, surgical care, major medical care, disability, 147
dental care, vision care, medical care, hearing aids, prescription 148
drugs, group life insurance, sickness and accident insurance, 149
group legal services, or a combination thereof, for employees and 150
their dependents be provided through a mutually agreed upon 151
contribution to a jointly administered trust fund. Amounts from 152
the fund may be used to pay direct and indirect costs that are 153
attributable to consultants or a third-party administrator and 154
that are necessary to administer this section. The amount, type, 155
and structure of fringe benefits provided under this division is 156
subject to the determination of the board of trustees of the 157
jointly administered trust fund. Notwithstanding any other 158
provision of the Revised Code, competitive bidding does not apply 159
to the purchase of fringe benefits for employees under this 160
division through a jointly administered trust fund.161

       Sec. 1901.01.  (A) There is hereby established a municipal 162
court in each of the following municipal corporations:163

       Akron, Alliance, Ashland, Ashtabula, Athens, Avon Lake, 164
Barberton, Bedford, Bellefontaine, Bellevue, Berea, Bowling Green, 165
Bryan, Bucyrus, Cambridge, Campbell, Canton, Carrollton, Celina, 166
Chardon, Chesapeake, Chillicothe, Cincinnati, Circleville, 167
Cleveland, Cleveland Heights, Columbus, Conneaut, Coshocton, 168
Cuyahoga Falls, Dayton, Defiance, Delaware, East Cleveland, East 169
Liverpool, Eaton, Elyria, Euclid, Fairborn, Fairfield, Findlay, 170
Fostoria, Franklin, Fremont, Gallipolis, Garfield Heights, 171
Georgetown, Girard, Greenville, Hamilton, Hillsboro, Huron, 172
Ironton, Jackson, Kenton, Kettering, Lakewood, Lancaster, Lebanon, 173
Lima, Logan, London, Lorain, Lyndhurst, Mansfield, Marietta, 174
Marion, Marysville, Mason, Massillon, Maumee, Medina, Mentor, 175
Miamisburg, Middletown, Millersburg, Mount Gilead, Mount Vernon, 176
Napoleon, Newark, New Philadelphia, Newton Falls, Niles, Norwalk, 177
Oakwood, Oberlin, Oregon, Ottawa, Painesville, Parma, Perrysburg, 178
Port Clinton, Portsmouth, Ravenna, Rocky River, Sandusky, Shaker 179
Heights, Shelby, Sidney, South Euclid, Springfield, Steubenville, 180
Struthers, Sylvania, Tiffin, Toledo, Troy, Upper Sandusky, Urbana, 181
Vandalia, Van Wert, Vermilion, Wadsworth, Wapakoneta, Warren, City 182
of Washington in Fayette county, to be known as Washington Court 183
House, Willoughby, Wilmington, Wooster, Xenia, Youngstown, and 184
Zanesville.185

       (B) There is hereby established a municipal court within 186
Clermont county in Batavia or in any other municipal corporation 187
or unincorporated territory within Clermont county that is 188
selected by the legislative authority of the Clermont county 189
municipal court. The municipal court established by this division 190
is a continuation of the municipal court previously established in 191
Batavia by this section before the enactment of this division.192

       (C) There is hereby established a municipal court within 193
Columbiana county in Lisbon or in any other municipal corporation 194
or unincorporated territory within Columbiana county, except the 195
municipal corporation of East Liverpool or Liverpool or St. Clair 196
township, that is selected by the judges of the municipal court 197
pursuant to division (I) of section 1901.021 of the Revised Code.198

       (D) Effective January 1, 2008, there is hereby established a 199
municipal court within Erie county in Milan or in any other 200
municipal corporation or unincorporated territory within Erie 201
county that is within the territorial jurisdiction of the Erie 202
county municipal court and is selected by the legislative 203
authority of that court.204

       (E) The Cuyahoga Falls municipal court shall remain in 205
existence until December 31, 2008, and shall be replaced by the 206
Stow municipal court on January 1, 2009.207

       (F) Effective January 1, 2009, there is hereby established a 208
municipal court in the municipal corporation of Stow.209

       Sec. 1901.02.  (A) The municipal courts established by 210
section 1901.01 of the Revised Code have jurisdiction within the 211
corporate limits of their respective municipal corporations, or, 212
for the Clermont county municipal court, the Columbiana county 213
municipal court, and, effective January 1, 2008, the Erie county 214
municipal court, within the municipal corporation or 215
unincorporated territory in which they are established, and are 216
courts of record. Each of the courts shall be styled 217
".................................. municipal court," inserting 218
the name of the municipal corporation, except the following 219
courts, which shall be styled as set forth below:220

       (1) The municipal court established in Chesapeake that shall 221
be styled and known as the "Lawrence county municipal court";222

       (2) The municipal court established in Cincinnati that shall 223
be styled and known as the "Hamilton county municipal court";224

       (3) The municipal court established in Ravenna that shall be 225
styled and known as the "Portage county municipal court";226

       (4) The municipal court established in Athens that shall be 227
styled and known as the "Athens county municipal court";228

       (5) The municipal court established in Columbus that shall be 229
styled and known as the "Franklin county municipal court";230

       (6) The municipal court established in London that shall be 231
styled and known as the "Madison county municipal court";232

       (7) The municipal court established in Newark that shall be 233
styled and known as the "Licking county municipal court";234

       (8) The municipal court established in Wooster that shall be 235
styled and known as the "Wayne county municipal court";236

       (9) The municipal court established in Wapakoneta that shall 237
be styled and known as the "Auglaize county municipal court";238

       (10) The municipal court established in Troy that shall be 239
styled and known as the "Miami county municipal court";240

       (11) The municipal court established in Bucyrus that shall be 241
styled and known as the "Crawford county municipal court";242

       (12) The municipal court established in Logan that shall be 243
styled and known as the "Hocking county municipal court";244

       (13) The municipal court established in Urbana that shall be 245
styled and known as the "Champaign county municipal court";246

       (14) The municipal court established in Jackson that shall be 247
styled and known as the "Jackson county municipal court";248

       (15) The municipal court established in Springfield that 249
shall be styled and known as the "Clark county municipal court";250

       (16) The municipal court established in Kenton that shall be 251
styled and known as the "Hardin county municipal court";252

       (17) The municipal court established within Clermont county 253
in Batavia or in any other municipal corporation or unincorporated 254
territory within Clermont county that is selected by the 255
legislative authority of that court that shall be styled and known 256
as the "Clermont county municipal court";257

       (18) The municipal court established in Wilmington that, 258
beginning July 1, 1992, shall be styled and known as the "Clinton 259
county municipal court";260

       (19) The municipal court established in Port Clinton that 261
shall be styled and known as "the Ottawa county municipal court";262

       (20) The municipal court established in Lancaster that, 263
beginning January 2, 2000, shall be styled and known as the 264
"Fairfield county municipal court";265

       (21) The municipal court established within Columbiana county 266
in Lisbon or in any other municipal corporation or unincorporated 267
territory selected pursuant to division (I) of section 1901.021 of 268
the Revised Code, that shall be styled and known as the 269
"Columbiana county municipal court";270

       (22) The municipal court established in Georgetown that, 271
beginning February 9, 2003, shall be styled and known as the 272
"Brown county municipal court";273

       (23) The municipal court established in Mount Gilead that, 274
beginning January 1, 2003, shall be styled and known as the 275
"Morrow county municipal court";276

       (24) The municipal court established in Greenville that, 277
beginning January 1, 2005, shall be styled and known as the "Darke 278
county municipal court";279

       (25) The municipal court established in Millersburg that, 280
beginning January 1, 2007, shall be styled and known as the 281
"Holmes county municipal court";282

       (26) The municipal court established in Carrollton that, 283
beginning January 1, 2007, shall be styled and known as the 284
"Carroll county municipal court";285

       (27) The municipal court established within Erie county in 286
Milan or established in any other municipal corporation or 287
unincorporated territory that is within Erie county, is within the 288
territorial jurisdiction of that court, and is selected by the 289
legislative authority of that court that, beginning January 1, 290
2008, shall be styled and known as the "Erie county municipal 291
court;292

       (28) The municipal court established in Ottawa that, 293
beginning January 1, 2011, shall be styled and known as the 294
"Putnam county municipal court."295

       (B) In addition to the jurisdiction set forth in division (A) 296
of this section, the municipal courts established by section 297
1901.01 of the Revised Code have jurisdiction as follows:298

       The Akron municipal court has jurisdiction within Bath, 299
Richfield, and Springfield townships, and within the municipal 300
corporations of Fairlawn, Lakemore, and Mogadore, in Summit 301
county.302

       The Alliance municipal court has jurisdiction within 303
Lexington, Marlboro, Paris, and Washington townships in Stark 304
county.305

       The Ashland municipal court has jurisdiction within Ashland 306
county.307

       The Ashtabula municipal court has jurisdiction within 308
Ashtabula, Plymouth, and Saybrook townships in Ashtabula county.309

       The Athens county municipal court has jurisdiction within 310
Athens county.311

       The Auglaize county municipal court has jurisdiction within 312
Auglaize county.313

       The Avon Lake municipal court has jurisdiction within the 314
municipal corporations of Avon and Sheffield in Lorain county.315

       The Barberton municipal court has jurisdiction within 316
Coventry, Franklin, and Green townships, within all of Copley 317
township except within the municipal corporation of Fairlawn, and 318
within the municipal corporations of Clinton and Norton, in Summit 319
county.320

       The Bedford municipal court has jurisdiction within the 321
municipal corporations of Bedford Heights, Oakwood, Glenwillow, 322
Solon, Bentleyville, Chagrin Falls, Moreland Hills, Orange, 323
Warrensville Heights, North Randall, and Woodmere, and within 324
Warrensville and Chagrin Falls townships, in Cuyahoga county.325

       The Bellefontaine municipal court has jurisdiction within 326
Logan county.327

       The Bellevue municipal court has jurisdiction within Lyme and 328
Sherman townships in Huron county and within York township in 329
Sandusky county.330

       The Berea municipal court has jurisdiction within the 331
municipal corporations of Strongsville, Middleburgh Heights, Brook 332
Park, Westview, and Olmsted Falls, and within Olmsted township, in 333
Cuyahoga county.334

       The Bowling Green municipal court has jurisdiction within the 335
municipal corporations of Bairdstown, Bloomdale, Bradner, Custar, 336
Cygnet, Grand Rapids, Haskins, Hoytville, Jerry City, Milton 337
Center, North Baltimore, Pemberville, Portage, Rising Sun, 338
Tontogany, Wayne, and Weston, and within Bloom, Center, Freedom, 339
Grand Rapids, Henry, Jackson, Liberty, Middleton, Milton, 340
Montgomery, Plain, Portage, Washington, Webster, and Weston 341
townships in Wood county.342

       Beginning February 9, 2003, the Brown county municipal court 343
has jurisdiction within Brown county.344

       The Bryan municipal court has jurisdiction within Williams 345
county.346

       The Cambridge municipal court has jurisdiction within 347
Guernsey county.348

       The Campbell municipal court has jurisdiction within 349
Coitsville township in Mahoning county.350

       The Canton municipal court has jurisdiction within Canton, 351
Lake, Nimishillen, Osnaburg, Pike, Plain, and Sandy townships in 352
Stark county.353

       The Carroll county municipal court has jurisdiction within 354
Carroll county.355

       The Celina municipal court has jurisdiction within Mercer 356
county.357

       The Champaign county municipal court has jurisdiction within 358
Champaign county.359

       The Chardon municipal court has jurisdiction within Geauga 360
county.361

       The Chillicothe municipal court has jurisdiction within Ross 362
county.363

       The Circleville municipal court has jurisdiction within 364
Pickaway county.365

       The Clark county municipal court has jurisdiction within 366
Clark county.367

       The Clermont county municipal court has jurisdiction within 368
Clermont county.369

       The Cleveland municipal court has jurisdiction within the 370
municipal corporation of Bratenahl in Cuyahoga county.371

       Beginning July 1, 1992, the Clinton county municipal court 372
has jurisdiction within Clinton county.373

       The Columbiana county municipal court has jurisdiction within 374
all of Columbiana county except within the municipal corporation 375
of East Liverpool and except within Liverpool and St. Clair 376
townships.377

       The Coshocton municipal court has jurisdiction within 378
Coshocton county.379

       The Crawford county municipal court has jurisdiction within 380
Crawford county.381

        Until December 31, 2008, the Cuyahoga Falls municipal court 382
has jurisdiction within Boston, Hudson, Northfield Center, 383
Sagamore Hills, and Twinsburg townships, and within the municipal 384
corporations of Boston Heights, Hudson, Munroe Falls, Northfield, 385
Peninsula, Reminderville, Silver Lake, Stow, Tallmadge, Twinsburg, 386
and Macedonia, in Summit county.387

       Beginning January 1, 2005, the Darke county municipal court 388
has jurisdiction within Darke county except within the municipal 389
corporation of Bradford.390

       The Defiance municipal court has jurisdiction within Defiance 391
county.392

       The Delaware municipal court has jurisdiction within Delaware 393
county.394

       The East Liverpool municipal court has jurisdiction within 395
Liverpool and St. Clair townships in Columbiana county.396

       The Eaton municipal court has jurisdiction within Preble 397
county.398

       The Elyria municipal court has jurisdiction within the 399
municipal corporations of Grafton, LaGrange, and North Ridgeville, 400
and within Elyria, Carlisle, Eaton, Columbia, Grafton, and 401
LaGrange townships, in Lorain county.402

       Beginning January 1, 2008, the Erie county municipal court 403
has jurisdiction within Erie county except within the townships of 404
Florence, Huron, Perkins, and Vermilion and the municipal 405
corporations of Bay View, Castalia, Huron, Sandusky, and 406
Vermilion.407

       The Fairborn municipal court has jurisdiction within the 408
municipal corporation of Beavercreek and within Bath and 409
Beavercreek townships in Greene county.410

       Beginning January 2, 2000, the Fairfield county municipal 411
court has jurisdiction within Fairfield county.412

       The Findlay municipal court has jurisdiction within all of 413
Hancock county except within Washington township.414

       The Fostoria municipal court has jurisdiction within Loudon 415
and Jackson townships in Seneca county, within Washington township 416
in Hancock county, and within Perry township in Wood county.417

       The Franklin municipal court has jurisdiction within Franklin 418
township in Warren county.419

       The Franklin county municipal court has jurisdiction within 420
Franklin county.421

       The Fremont municipal court has jurisdiction within Ballville 422
and Sandusky townships in Sandusky county.423

       The Gallipolis municipal court has jurisdiction within Gallia 424
county.425

       The Garfield Heights municipal court has jurisdiction within 426
the municipal corporations of Maple Heights, Walton Hills, Valley 427
View, Cuyahoga Heights, Newburgh Heights, Independence, and 428
Brecksville in Cuyahoga county.429

       The Girard municipal court has jurisdiction within Liberty, 430
Vienna, and Hubbard townships in Trumbull county.431

       The Hamilton municipal court has jurisdiction within Ross and 432
St. Clair townships in Butler county.433

       The Hamilton county municipal court has jurisdiction within 434
Hamilton county.435

       The Hardin county municipal court has jurisdiction within 436
Hardin county.437

       The Hillsboro municipal court has jurisdiction within all of 438
Highland county except within Madison township.439

       The Hocking county municipal court has jurisdiction within 440
Hocking county.441

       The Holmes county municipal court has jurisdiction within 442
Holmes county.443

       The Huron municipal court has jurisdiction within all of 444
Huron township in Erie county except within the municipal 445
corporation of Sandusky.446

       The Ironton municipal court has jurisdiction within Aid, 447
Decatur, Elizabeth, Hamilton, Lawrence, Upper, and Washington 448
townships in Lawrence county.449

       The Jackson county municipal court has jurisdiction within 450
Jackson county.451

       The Kettering municipal court has jurisdiction within the 452
municipal corporations of Centerville and Moraine, and within 453
Washington township, in Montgomery county.454

       Until January 2, 2000, the Lancaster municipal court has 455
jurisdiction within Fairfield county.456

       The Lawrence county municipal court has jurisdiction within 457
the townships of Fayette, Mason, Perry, Rome, Symmes, Union, and 458
Windsor in Lawrence county.459

       The Lebanon municipal court has jurisdiction within 460
Turtlecreek township in Warren county.461

       The Licking county municipal court has jurisdiction within 462
Licking county.463

       The Lima municipal court has jurisdiction within Allen 464
county.465

       The Lorain municipal court has jurisdiction within the 466
municipal corporation of Sheffield Lake, and within Sheffield 467
township, in Lorain county.468

       The Lyndhurst municipal court has jurisdiction within the 469
municipal corporations of Mayfield Heights, Gates Mills, Mayfield, 470
Highland Heights, and Richmond Heights in Cuyahoga county.471

       The Madison county municipal court has jurisdiction within 472
Madison county.473

       The Mansfield municipal court has jurisdiction within 474
Madison, Springfield, Sandusky, Franklin, Weller, Mifflin, Troy, 475
Washington, Monroe, Perry, Jefferson, and Worthington townships, 476
and within sections 35-36-31 and 32 of Butler township, in 477
Richland county.478

       The Marietta municipal court has jurisdiction within 479
Washington county.480

       The Marion municipal court has jurisdiction within Marion 481
county.482

       The Marysville municipal court has jurisdiction within Union 483
county.484

       The Mason municipal court has jurisdiction within Deerfield 485
township in Warren county.486

       The Massillon municipal court has jurisdiction within 487
Bethlehem, Perry, Sugar Creek, Tuscarawas, Lawrence, and Jackson 488
townships in Stark county.489

       The Maumee municipal court has jurisdiction within the 490
municipal corporations of Waterville and Whitehouse, within 491
Waterville and Providence townships, and within those portions of 492
Springfield, Monclova, and Swanton townships lying south of the 493
northerly boundary line of the Ohio turnpike, in Lucas county.494

       The Medina municipal court has jurisdiction within the 495
municipal corporations of Briarwood Beach, Brunswick, 496
Chippewa-on-the-Lake, and Spencer and within the townships of 497
Brunswick Hills, Chatham, Granger, Hinckley, Lafayette, 498
Litchfield, Liverpool, Medina, Montville, Spencer, and York 499
townships, in Medina county.500

       The Mentor municipal court has jurisdiction within the 501
municipal corporation of Mentor-on-the-Lake in Lake county.502

       The Miami county municipal court has jurisdiction within 503
Miami county and within the part of the municipal corporation of 504
Bradford that is located in Darke county.505

       The Miamisburg municipal court has jurisdiction within the 506
municipal corporations of Germantown and West Carrollton, and 507
within German and Miami townships in Montgomery county.508

       The Middletown municipal court has jurisdiction within 509
Madison township, and within all of Lemon township, except within 510
the municipal corporation of Monroe, in Butler county.511

       Beginning January 1, 2003, the Morrow county municipal court 512
has jurisdiction within Morrow county.513

       The Mount Vernon municipal court has jurisdiction within Knox 514
county.515

       The Napoleon municipal court has jurisdiction within Henry 516
county.517

       The New Philadelphia municipal court has jurisdiction within 518
the municipal corporation of Dover, and within Auburn, Bucks, 519
Fairfield, Goshen, Jefferson, Warren, York, Dover, Franklin, 520
Lawrence, Sandy, Sugarcreek, and Wayne townships in Tuscarawas 521
county.522

       The Newton Falls municipal court has jurisdiction within 523
Bristol, Bloomfield, Lordstown, Newton, Braceville, Southington, 524
Farmington, and Mesopotamia townships in Trumbull county.525

       The Niles municipal court has jurisdiction within the 526
municipal corporation of McDonald, and within Weathersfield 527
township in Trumbull county.528

       The Norwalk municipal court has jurisdiction within all of 529
Huron county except within the municipal corporation of Bellevue 530
and except within Lyme and Sherman townships.531

       The Oberlin municipal court has jurisdiction within the 532
municipal corporations of Amherst, Kipton, Rochester, South 533
Amherst, and Wellington, and within Henrietta, Russia, Camden, 534
Pittsfield, Brighton, Wellington, Penfield, Rochester, and 535
Huntington townships, and within all of Amherst township except 536
within the municipal corporation of Lorain, in Lorain county.537

       The Oregon municipal court has jurisdiction within the 538
municipal corporation of Harbor View, and within Jerusalem 539
township, in Lucas county, and north within Maumee Bay and Lake 540
Erie to the boundary line between Ohio and Michigan between the 541
easterly boundary of the court and the easterly boundary of the 542
Toledo municipal court.543

       The Ottawa county municipal court has jurisdiction within 544
Ottawa county.545

       The Painesville municipal court has jurisdiction within 546
Painesville, Perry, Leroy, Concord, and Madison townships in Lake 547
county.548

       The Parma municipal court has jurisdiction within the 549
municipal corporations of Parma Heights, Brooklyn, Linndale, North 550
Royalton, Broadview Heights, Seven Hills, and Brooklyn Heights in 551
Cuyahoga county.552

       The Perrysburg municipal court has jurisdiction within the 553
municipal corporations of Luckey, Millbury, Northwood, Rossford, 554
and Walbridge, and within Perrysburg, Lake, and Troy townships, in 555
Wood county.556

       The Portage county municipal court has jurisdiction within 557
Portage county.558

       The Portsmouth municipal court has jurisdiction within Scioto 559
county.560

       The Putnam county municipal court has jurisdiction within 561
Putnam county.562

       The Rocky River municipal court has jurisdiction within the 563
municipal corporations of Bay Village, Westlake, Fairview Park, 564
and North Olmsted, and within Riveredge township, in Cuyahoga 565
county.566

       The Sandusky municipal court has jurisdiction within the 567
municipal corporations of Castalia and Bay View, and within 568
Perkins township, in Erie county.569

       The Shaker Heights municipal court has jurisdiction within 570
the municipal corporations of University Heights, Beachwood, 571
Pepper Pike, and Hunting Valley in Cuyahoga county.572

       The Shelby municipal court has jurisdiction within Sharon, 573
Jackson, Cass, Plymouth, and Blooming Grove townships, and within 574
all of Butler township except sections 35-36-31 and 32, in 575
Richland county.576

       The Sidney municipal court has jurisdiction within Shelby 577
county.578

       Beginning January 1, 2009, the Stow municipal court has 579
jurisdiction within Boston, Hudson, Northfield Center, Sagamore 580
Hills, and Twinsburg townships, and within the municipal 581
corporations of Boston Heights, Cuyahoga Falls, Hudson, Munroe 582
Falls, Northfield, Peninsula, Reminderville, Silver Lake, Stow, 583
Tallmadge, Twinsburg, and Macedonia, in Summit county.584

       The Struthers municipal court has jurisdiction within the 585
municipal corporations of Lowellville, New Middleton, and Poland, 586
and within Poland and Springfield townships in Mahoning county.587

       The Sylvania municipal court has jurisdiction within the 588
municipal corporations of Berkey and Holland, and within Sylvania, 589
Richfield, Spencer, and Harding townships, and within those 590
portions of Swanton, Monclova, and Springfield townships lying 591
north of the northerly boundary line of the Ohio turnpike, in 592
Lucas county.593

       The Tiffin municipal court has jurisdiction within Adams, Big 594
Spring, Bloom, Clinton, Eden, Hopewell, Liberty, Pleasant, Reed, 595
Scipio, Seneca, Thompson, and Venice townships in Seneca county.596

       The Toledo municipal court has jurisdiction within Washington 597
township, and within the municipal corporation of Ottawa Hills, in 598
Lucas county.599

       The Upper Sandusky municipal court has jurisdiction within 600
Wyandot county.601

       The Vandalia municipal court has jurisdiction within the 602
municipal corporations of Clayton, Englewood, and Union, and 603
within Butler, Harrison, and Randolph townships, in Montgomery 604
county.605

       The Van Wert municipal court has jurisdiction within Van Wert 606
county.607

       The Vermilion municipal court has jurisdiction within the 608
townships of Vermilion and Florence in Erie county and within all 609
of Brownhelm township except within the municipal corporation of 610
Lorain, in Lorain county.611

       The Wadsworth municipal court has jurisdiction within the 612
municipal corporations of Gloria Glens Park, Lodi, Seville, and 613
Westfield Center, and within Guilford, Harrisville, Homer, Sharon, 614
Wadsworth, and Westfield townships in Medina county.615

       The Warren municipal court has jurisdiction within Warren and 616
Champion townships, and within all of Howland township except 617
within the municipal corporation of Niles, in Trumbull county.618

       The Washington Court House municipal court has jurisdiction 619
within Fayette county.620

       The Wayne county municipal court has jurisdiction within 621
Wayne county.622

       The Willoughby municipal court has jurisdiction within the 623
municipal corporations of Eastlake, Wickliffe, Willowick, 624
Willoughby Hills, Kirtland, Kirtland Hills, Waite Hill, 625
Timberlake, and Lakeline, and within Kirtland township, in Lake 626
county.627

       Through June 30, 1992, the Wilmington municipal court has 628
jurisdiction within Clinton county.629

       The Xenia municipal court has jurisdiction within 630
Caesarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross, 631
Silvercreek, Spring Valley, Sugarcreek, and Xenia townships in 632
Greene county.633

       (C) As used in this section:634

       (1) "Within a township" includes all land, including, but not 635
limited to, any part of any municipal corporation, that is 636
physically located within the territorial boundaries of that 637
township, whether or not that land or municipal corporation is 638
governmentally a part of the township.639

       (2) "Within a municipal corporation" includes all land within 640
the territorial boundaries of the municipal corporation and any 641
townships that are coextensive with the municipal corporation.642

       Sec. 1901.03.  As used in this chapter:643

       (A) "Territory" means the geographical areas within which 644
municipal courts have jurisdiction as provided in sections 1901.01 645
and 1901.02 of the Revised Code.646

       (B) "Legislative authority" means the legislative authority 647
of the municipal corporation in which a municipal court, other 648
than a county-operated municipal court, is located, and means the 649
respective board of county commissioners of the county in which a 650
county-operated municipal court is located.651

       (C) "Chief executive" means the chief executive of the 652
municipal corporation in which a municipal court, other than a 653
county-operated municipal court, is located, and means the 654
respective chairman of the board of county commissioners of the 655
county in which a county-operated municipal court is located.656

       (D) "City treasury" means the treasury of the municipal 657
corporation in which a municipal court, other than a 658
county-operated municipal court, is located.659

       (E) "City treasurer" means the treasurer of the municipal 660
corporation in which a municipal court, other than a 661
county-operated municipal court, is located.662

       (F) "County-operated municipal court" means the Auglaize 663
county, Brown county, Carroll county, Clermont county, Columbiana 664
county, Crawford county, Darke county, Hamilton county, Hocking 665
county, Holmes county, Jackson county, Lawrence county, Madison 666
county, Miami county, Morrow county, Ottawa county, Portage 667
county, Putnam county, or Wayne county municipal court and, 668
effective January 1, 2008, also includes the Erie county municipal 669
court.670

       (G) "A municipal corporation in which a municipal court is 671
located" includes each municipal corporation named in section 672
1901.01 of the Revised Code, but does not include one in which a 673
judge sits pursuant to section 1901.021 of the Revised Code.674

       Sec. 1901.07.  (A) All municipal court judges shall be 675
elected on the nonpartisan ballot for terms of six years. In a 676
municipal court in which only one judge is to be elected in any 677
one year, that judge's term commences on the first day of January 678
after the election. In a municipal court in which two or more 679
judges are to be elected in any one year, their terms commence on 680
successive days beginning the first day of January, following the 681
election, unless otherwise provided by section 1901.08 of the 682
Revised Code.683

       (B) All candidates for municipal court judge may be nominated 684
either by nominating petition or by primary election, except that 685
if the jurisdiction of a municipal court extends only to the 686
corporate limits of the municipal corporation in which the court 687
is located and that municipal corporation operates under a 688
charter, all candidates shall be nominated in the same manner 689
provided in the charter for the office of municipal court judge 690
or, if no specific provisions are made in the charter for the 691
office of municipal court judge, in the same manner as the charter 692
prescribes for the nomination and election of the legislative 693
authority of the municipal corporation.694

        If the jurisdiction of a municipal court extends beyond the 695
corporate limits of the municipal corporation in which it is 696
located or if the jurisdiction of the court does not extend beyond 697
the corporate limits of the municipal corporation in which it is 698
located and no charter provisions apply, all candidates for party 699
nomination to the office of municipal court judge shall file a 700
declaration of candidacy and petition not later than four p.m. of 701
the seventy-fifth day before the day of the primary election, or 702
if the primary election is a presidential primary election, not 703
later than four p.m. of the sixtieth day before the day of the 704
presidential primary election, in the form prescribed by section 705
3513.07 of the Revised Code. The petition shall conform to the 706
requirements provided for those petitions of candidacy contained 707
in section 3513.05 of the Revised Code, except that the petition 708
shall be signed by at least fifty electors of the territory of the 709
court. If no valid declaration of candidacy is filed for 710
nomination as a candidate of a political party for election to the 711
office of municipal court judge, or if the number of persons 712
filing the declarations of candidacy for nominations as candidates 713
of one political party for election to the office does not exceed 714
the number of candidates that that party is entitled to nominate 715
as its candidates for election to the office, no primary election 716
shall be held for the purpose of nominating candidates of that 717
party for election to the office, and the candidates shall be 718
issued certificates of nomination in the manner set forth in 719
section 3513.02 of the Revised Code.720

       If the jurisdiction of a municipal court extends beyond the 721
corporate limits of the municipal corporation in which it is 722
located or if the jurisdiction of the court does not extend beyond 723
the corporate limits of the municipal corporation in which it is 724
located and no charter provisions apply, nonpartisan candidates 725
for the office of municipal court judge shall file nominating 726
petitions not later than four p.m. of the day before the day of 727
the primary election in the form prescribed by section 3513.261 of 728
the Revised Code. The petition shall conform to the requirements 729
provided for those petitions of candidacy contained in section 730
3513.257 of the Revised Code, except that the petition shall be 731
signed by at least fifty electors of the territory of the court.732

       The nominating petition or declaration of candidacy for a 733
municipal court judge shall contain a designation of the term for 734
which the candidate seeks election. At the following regular 735
municipal election, the candidacies of the judges nominated shall 736
be submitted to the electors of the territory on a nonpartisan, 737
judicial ballot in the same manner as provided for judges of the 738
court of common pleas, except that, in a municipal corporation 739
operating under a charter, all candidates for municipal court 740
judge shall be elected in conformity with the charter if 741
provisions are made in the charter for the election of municipal 742
court judges.743

       (C) Notwithstanding divisions (A) and (B) of this section, in 744
the following municipal courts, the judges shall be nominated and 745
elected as follows:746

       (1) In the Cleveland municipal court, the judges shall be 747
nominated only by petition. The petition shall be signed by at 748
least fifty electors of the territory of the court. It shall be in 749
the statutory form and shall be filed in the manner and within the 750
time prescribed by the charter of the city of Cleveland for filing 751
petitions of candidates for municipal offices. Each elector shall 752
have the right to sign petitions for as many candidates as are to 753
be elected, but no more. The judges shall be elected by the 754
electors of the territory of the court in the manner provided by 755
law for the election of judges of the court of common pleas.756

       (2) In the Toledo municipal court, the judges shall be 757
nominated only by petition. The petition shall be signed by at 758
least fifty electors of the territory of the court. It shall be in 759
the statutory form and shall be filed in the manner and within the 760
time prescribed by the charter of the city of Toledo for filing 761
nominating petitions for city council. Each elector shall have the 762
right to sign petitions for as many candidates as are to be 763
elected, but no more. The judges shall be elected by the electors 764
of the territory of the court in the manner provided by law for 765
the election of judges of the court of common pleas.766

       (3) In the Akron municipal court, the judges shall be 767
nominated only by petition. The petition shall be signed by at 768
least fifty electors of the territory of the court. It shall be in 769
statutory form and shall be filed in the manner and within the 770
time prescribed by the charter of the city of Akron for filing 771
nominating petitions of candidates for municipal offices. Each 772
elector shall have the right to sign petitions for as many 773
candidates as are to be elected, but no more. The judges shall be 774
elected by the electors of the territory of the court in the 775
manner provided by law for the election of judges of the court of 776
common pleas.777

       (4) In the Hamilton county municipal court, the judges shall 778
be nominated only by petition. The petition shall be signed by at 779
least fifty electors of the territory of the court, which 780
petitions shall be signed, verified, and filed in the manner and 781
within the time required by law for nominating petitions for 782
members of council of the city of Cincinnati. The judges shall be 783
elected by the electors of the territory of the court at the 784
regular municipal election and in the manner provided by law for 785
the election of judges of the court of common pleas.786

       (5) In the Franklin county municipal court, the judges shall 787
be nominated only by petition. The petition shall be signed by at 788
least fifty electors of the territory of the court. The petition 789
shall be in the statutory form and shall be filed in the manner 790
and within the time prescribed by the charter of the city of 791
Columbus for filing petitions of candidates for municipal offices. 792
The judges shall be elected by the electors of the territory of 793
the court in the manner provided by law for the election of judges 794
of the court of common pleas.795

       (6) In the Auglaize, Brown, Carroll, Clermont, Crawford, 796
Hocking, Jackson, Lawrence, Madison, Miami, Morrow, Putnam, and 797
Wayne county municipal courts, the judges shall be nominated only 798
by petition. The petitions shall be signed by at least fifty 799
electors of the territory of the court and shall conform to the 800
provisions of this section.801

       (D) In the Portage county municipal court, the judges shall 802
be nominated either by nominating petition or by primary election, 803
as provided in division (B) of this section.804

       (E) As used in this section, as to an election for either a 805
full or an unexpired term, "the territory within the jurisdiction 806
of the court" means that territory as it will be on the first day 807
of January after the election.808

       Sec. 1901.08. The number of, and the time for election of, 809
judges of the following municipal courts and the beginning of 810
their terms shall be as follows:811

       In the Akron municipal court, two full-time judges shall be 812
elected in 1951, two full-time judges shall be elected in 1953, 813
one full-time judge shall be elected in 1967, and one full-time 814
judge shall be elected in 1975.815

       In the Alliance municipal court, one full-time judge shall be 816
elected in 1953.817

       In the Ashland municipal court, one full-time judge shall be 818
elected in 1951.819

       In the Ashtabula municipal court, one full-time judge shall 820
be elected in 1953.821

       In the Athens county municipal court, one full-time judge 822
shall be elected in 1967.823

       In the Auglaize county municipal court, one full-time judge 824
shall be elected in 1975.825

       In the Avon Lake municipal court, one part-time judge shall 826
be elected in 1957.827

       In the Barberton municipal court, one full-time judge shall 828
be elected in 1969, and one full-time judge shall be elected in 829
1971.830

       In the Bedford municipal court, one full-time judge shall be 831
elected in 1975, and one full-time judge shall be elected in 1979.832

       In the Bellefontaine municipal court, one full-time judge 833
shall be elected in 1993.834

       In the Bellevue municipal court, one part-time judge shall be 835
elected in 1951.836

       In the Berea municipal court, one full-time judge shall be 837
elected in 2005.838

       In the Bowling Green municipal court, one full-time judge 839
shall be elected in 1983.840

       In the Brown county municipal court, one full-time judge 841
shall be elected in 2005. Beginning February 9, 2003, the 842
part-time judge of the Brown county county court that existed 843
prior to that date whose term commenced on January 2, 2001, shall 844
serve as the full-time judge of the Brown county municipal court 845
until December 31, 2005.846

       In the Bryan municipal court, one full-time judge shall be 847
elected in 1965.848

       In the Cambridge municipal court, one full-time judge shall 849
be elected in 1951.850

       In the Campbell municipal court, one part-time judge shall be 851
elected in 1963.852

       In the Canton municipal court, one full-time judge shall be 853
elected in 1951, one full-time judge shall be elected in 1969, and 854
two full-time judges shall be elected in 1977.855

       In the Carroll county municipal court, one full-time judge 856
shall be elected in 2009. Beginning January 1, 2007, the judge 857
elected in 2006 to the part-time judgeship of the Carroll county 858
county court that existed prior to that date shall serve as the 859
full-time judge of the Carroll county municipal court until 860
December 31, 2009.861

       In the Celina municipal court, one full-time judge shall be 862
elected in 1957.863

       In the Champaign county municipal court, one full-time judge 864
shall be elected in 2001.865

       In the Chardon municipal court, one part-timefull-time judge 866
shall be elected in 1963.867

       In the Chillicothe municipal court, one full-time judge shall 868
be elected in 1951, and one full-time judge shall be elected in 869
1977.870

       In the Circleville municipal court, one full-time judge shall 871
be elected in 1953.872

       In the Clark county municipal court, one full-time judge 873
shall be elected in 1989, and two full-time judges shall be 874
elected in 1991. The full-time judges of the Springfield municipal 875
court who were elected in 1983 and 1985 shall serve as the judges 876
of the Clark county municipal court from January 1, 1988, until 877
the end of their respective terms.878

       In the Clermont county municipal court, two full-time judges 879
shall be elected in 1991, and one full-time judge shall be elected 880
in 1999.881

       In the Cleveland municipal court, six full-time judges shall 882
be elected in 1975, three full-time judges shall be elected in 883
1953, and four full-time judges shall be elected in 1955.884

       In the Cleveland Heights municipal court, one full-time judge 885
shall be elected in 1957.886

       In the Clinton county municipal court, one full-time judge 887
shall be elected in 1997. The full-time judge of the Wilmington 888
municipal court who was elected in 1991 shall serve as the judge 889
of the Clinton county municipal court from July 1, 1992, until the 890
end of that judge's term on December 31, 1997.891

       In the Columbiana county municipal court, two full-time 892
judges shall be elected in 2001.893

       In the Conneaut municipal court, one full-time judge shall be 894
elected in 1953.895

       In the Coshocton municipal court, one full-time judge shall 896
be elected in 1951.897

       In the Crawford county municipal court, one full-time judge 898
shall be elected in 1977.899

       In the Cuyahoga Falls municipal court, one full-time judge 900
shall be elected in 1953, and one full-time judge shall be elected 901
in 1967. Effective December 31, 2008, the Cuyahoga Falls municipal 902
court shall cease to exist; however, the judges of the Cuyahoga 903
Falls municipal court who were elected pursuant to this section in 904
2003 and 2007 for terms beginning on January 1, 2004, and January 905
1, 2008, respectively, shall serve as full-time judges of the Stow 906
municipal court until December 31, 2009, and December 31, 2013, 907
respectively.908

       In the Darke county municipal court, one full-time judge 909
shall be elected in 2005. Beginning January 1, 2005, the part-time 910
judge of the Darke county county court that existed prior to that 911
date whose term began on January 1, 2001, shall serve as the 912
full-time judge of the Darke county municipal court until December 913
31, 2005.914

       In the Dayton municipal court, three full-time judges shall 915
be elected in 1987, their terms to commence on successive days 916
beginning on the first day of January next after their election, 917
and two full-time judges shall be elected in 1955, their terms to 918
commence on successive days beginning on the second day of January 919
next after their election.920

       In the Defiance municipal court, one full-time judge shall be 921
elected in 1957.922

       In the Delaware municipal court, one full-time judge shall be 923
elected in 1953, and one full-time judge shall be elected in 2007.924

       In the East Cleveland municipal court, one full-time judge 925
shall be elected in 1957.926

       In the East Liverpool municipal court, one full-time judge 927
shall be elected in 1953.928

       In the Eaton municipal court, one full-time judge shall be 929
elected in 1973.930

       In the Elyria municipal court, one full-time judge shall be 931
elected in 1955, and one full-time judge shall be elected in 1973.932

       In the Erie county municipal court, one full-time judge shall 933
be elected in 2007.934

       In the Euclid municipal court, one full-time judge shall be 935
elected in 1951.936

       In the Fairborn municipal court, one full-time judge shall be 937
elected in 1977.938

       In the Fairfield county municipal court, one full-time judge 939
shall be elected in 2003, and one full-time judge shall be elected 940
in 2005.941

       In the Fairfield municipal court, one full-time judge shall 942
be elected in 1989.943

       In the Findlay municipal court, one full-time judge shall be 944
elected in 1955, and one full-time judge shall be elected in 1993.945

       In the Fostoria municipal court, one full-time judge shall be 946
elected in 1975.947

       In the Franklin municipal court, one part-time judge shall be 948
elected in 1951.949

       In the Franklin county municipal court, two full-time judges 950
shall be elected in 1969, three full-time judges shall be elected 951
in 1971, seven full-time judges shall be elected in 1967, one 952
full-time judge shall be elected in 1975, one full-time judge 953
shall be elected in 1991, and one full-time judge shall be elected 954
in 1997.955

       In the Fremont municipal court, one full-time judge shall be 956
elected in 1975.957

       In the Gallipolis municipal court, one full-time judge shall 958
be elected in 1981.959

       In the Garfield Heights municipal court, one full-time judge 960
shall be elected in 1951, and one full-time judge shall be elected 961
in 1981.962

       In the Girard municipal court, one full-time judge shall be 963
elected in 1963.964

       In the Hamilton municipal court, one full-time judge shall be 965
elected in 1953.966

       In the Hamilton county municipal court, five full-time judges 967
shall be elected in 1967, five full-time judges shall be elected 968
in 1971, two full-time judges shall be elected in 1981, and two 969
full-time judges shall be elected in 1983. All terms of judges of 970
the Hamilton county municipal court shall commence on the first 971
day of January next after their election, except that the terms of 972
the additional judges to be elected in 1981 shall commence on 973
January 2, 1982, and January 3, 1982, and that the terms of the 974
additional judges to be elected in 1983 shall commence on January 975
4, 1984, and January 5, 1984.976

       In the Hardin county municipal court, one part-time judge 977
shall be elected in 1989.978

       In the Hillsboro municipal court, one full-time judge shall 979
be elected in 2011. On and after the effective date of this 980
amendmentDecember 30, 2008, the part-time judge of the Hillsboro 981
municipal court who was elected in 2005 shall serve as a full-time 982
judge of the court until the end of that judge's term on December 983
31, 2011.984

       In the Hocking county municipal court, one full-time judge 985
shall be elected in 1977.986

       In the Holmes county municipal court, one full-time judge 987
shall be elected in 2007. Beginning January 1, 2007, the part-time 988
judge of the Holmes county county court that existed prior to that 989
date whose term commenced on January 1, 2007, shall serve as the 990
full-time judge of the Holmes county municipal court until 991
December 31, 2007.992

       In the Huron municipal court, one part-time judge shall be 993
elected in 1967.994

       In the Ironton municipal court, one full-time judge shall be 995
elected in 1951.996

       In the Jackson county municipal court, one full-time judge 997
shall be elected in 2001. On and after March 31, 1997, the 998
part-time judge of the Jackson county municipal court who was 999
elected in 1995 shall serve as a full-time judge of the court 1000
until the end of that judge's term on December 31, 2001.1001

       In the Kettering municipal court, one full-time judge shall 1002
be elected in 1971, and one full-time judge shall be elected in 1003
1975.1004

       In the Lakewood municipal court, one full-time judge shall be 1005
elected in 1955.1006

       In the Lancaster municipal court, one full-time judge shall 1007
be elected in 1951, and one full-time judge shall be elected in 1008
1979. Beginning January 2, 2000, the full-time judges of the 1009
Lancaster municipal court who were elected in 1997 and 1999 shall 1010
serve as judges of the Fairfield county municipal court until the 1011
end of those judges' terms.1012

       In the Lawrence county municipal court, one part-time judge 1013
shall be elected in 1981.1014

       In the Lebanon municipal court, one part-time judge shall be 1015
elected in 1955.1016

       In the Licking county municipal court, one full-time judge 1017
shall be elected in 1951, and one full-time judge shall be elected 1018
in 1971.1019

       In the Lima municipal court, one full-time judge shall be 1020
elected in 1951, and one full-time judge shall be elected in 1967.1021

       In the Lorain municipal court, one full-time judge shall be 1022
elected in 1953, and one full-time judge shall be elected in 1973.1023

       In the Lyndhurst municipal court, one part-timefull-time1024
judge shall be elected in 1957.1025

       In the Madison county municipal court, one full-time judge 1026
shall be elected in 1981.1027

       In the Mansfield municipal court, one full-time judge shall 1028
be elected in 1951, and one full-time judge shall be elected in 1029
1969.1030

       In the Marietta municipal court, one full-time judge shall be 1031
elected in 1957.1032

       In the Marion municipal court, one full-time judge shall be 1033
elected in 1951.1034

       In the Marysville municipal court, one full-time judge shall 1035
be elected in 2011. On and after January 18, 2007, the part-time 1036
judge of the Marysville municipal court who was elected in 2005 1037
shall serve as a full-time judge of the court until the end of 1038
that judge's term on December 31, 2011.1039

       In the Mason municipal court, one part-time judge shall be 1040
elected in 1965.1041

       In the Massillon municipal court, one full-time judge shall 1042
be elected in 1953, and one full-time judge shall be elected in 1043
1971.1044

       In the Maumee municipal court, one full-time judge shall be 1045
elected in 1963.1046

       In the Medina municipal court, one full-time judge shall be 1047
elected in 1957.1048

       In the Mentor municipal court, one full-time judge shall be 1049
elected in 1971.1050

       In the Miami county municipal court, one full-time judge 1051
shall be elected in 1975, and one full-time judge shall be elected 1052
in 1979.1053

       In the Miamisburg municipal court, one part-timefull-time1054
judge shall be elected in 1951.1055

       In the Middletown municipal court, one full-time judge shall 1056
be elected in 1953.1057

       In the Morrow county municipal court, one full-time judge 1058
shall be elected in 2005. Beginning January 1, 2003, the part-time 1059
judge of the Morrow county county court that existed prior to that 1060
date shall serve as the full-time judge of the Morrow county 1061
municipal court until December 31, 2005.1062

       In the Mount Vernon municipal court, one full-time judge 1063
shall be elected in 1951.1064

       In the Napoleon municipal court, one full-time judge shall be 1065
elected in 2005.1066

       In the New Philadelphia municipal court, one full-time judge 1067
shall be elected in 1975.1068

       In the Newton Falls municipal court, one full-time judge 1069
shall be elected in 1963.1070

       In the Niles municipal court, one full-time judge shall be 1071
elected in 1951.1072

       In the Norwalk municipal court, one full-time judge shall be 1073
elected in 1975.1074

       In the Oakwood municipal court, one part-time judge shall be 1075
elected in 1953.1076

       In the Oberlin municipal court, one full-time judge shall be 1077
elected in 1989.1078

       In the Oregon municipal court, one full-time judge shall be 1079
elected in 1963.1080

       In the Ottawa county municipal court, one full-time judge 1081
shall be elected in 1995, and the full-time judge of the Port 1082
Clinton municipal court who is elected in 1989 shall serve as the 1083
judge of the Ottawa county municipal court from February 4, 1994, 1084
until the end of that judge's term.1085

       In the Painesville municipal court, one full-time judge shall 1086
be elected in 1951.1087

       In the Parma municipal court, one full-time judge shall be 1088
elected in 1951, one full-time judge shall be elected in 1967, and 1089
one full-time judge shall be elected in 1971.1090

       In the Perrysburg municipal court, one full-time judge shall 1091
be elected in 1977.1092

       In the Portage county municipal court, two full-time judges 1093
shall be elected in 1979, and one full-time judge shall be elected 1094
in 1971.1095

       In the Port Clinton municipal court, one full-time judge 1096
shall be elected in 1953. The full-time judge of the Port Clinton 1097
municipal court who is elected in 1989 shall serve as the judge of 1098
the Ottawa county municipal court from February 4, 1994, until the 1099
end of that judge's term.1100

       In the Portsmouth municipal court, one full-time judge shall 1101
be elected in 1951, and one full-time judge shall be elected in 1102
1985.1103

       In the Putnam county municipal court, one full-time judge 1104
shall be elected in 2011. Beginning January 1, 2011, the part-time 1105
judge of the Putnam county county court that existed prior to that 1106
date whose term commenced on January 1, 2007, shall serve as the 1107
full-time judge of the Putnam county municipal court until 1108
December 31, 2011.1109

       In the Rocky River municipal court, one full-time judge shall 1110
be elected in 1957, and one full-time judge shall be elected in 1111
1971.1112

       In the Sandusky municipal court, one full-time judge shall be 1113
elected in 1953.1114

       In the Shaker Heights municipal court, one full-time judge 1115
shall be elected in 1957.1116

       In the Shelby municipal court, one part-time judge shall be 1117
elected in 1957.1118

       In the Sidney municipal court, one full-time judge shall be 1119
elected in 1995.1120

       In the South Euclid municipal court, one full-time judge 1121
shall be elected in 1999. The part-time judge elected in 1993, 1122
whose term commenced on January 1, 1994, shall serve until 1123
December 31, 1999, and the office of that judge is abolished on 1124
January 1, 2000.1125

       In the Springfield municipal court, two full-time judges 1126
shall be elected in 1985, and one full-time judge shall be elected 1127
in 1983, all of whom shall serve as the judges of the Springfield 1128
municipal court through December 31, 1987, and as the judges of 1129
the Clark county municipal court from January 1, 1988, until the 1130
end of their respective terms.1131

       In the Steubenville municipal court, one full-time judge 1132
shall be elected in 1953.1133

       In the Stow municipal court, one full-time judge shall be 1134
elected in 2009, and one full-time judge shall be elected in 2013. 1135
Beginning January 1, 2009, the judge of the Cuyahoga Falls 1136
municipal court that existed prior to that date whose term 1137
commenced on January 1, 2008, shall serve as a full-time judge of 1138
the Stow municipal court until December 31, 2013. Beginning 1139
January 1, 2009, the judge of the Cuyahoga Falls municipal court 1140
that existed prior to that date whose term commenced on January 1, 1141
2004, shall serve as a full-time judge of the Stow municipal court 1142
until December 31, 2009.1143

       In the Struthers municipal court, one part-time judge shall 1144
be elected in 1963.1145

       In the Sylvania municipal court, one full-time judge shall be 1146
elected in 1963.1147

       In the Tiffin municipal court, one full-time judge shall be 1148
elected in 1953.1149

       In the Toledo municipal court, two full-time judges shall be 1150
elected in 1971, four full-time judges shall be elected in 1975, 1151
and one full-time judge shall be elected in 1973.1152

       In the Upper Sandusky municipal court, one full-time judge 1153
shall be elected in 2011. The part-time judge elected in 2005, 1154
whose term commenced on January 1, 2006, shall serve as a 1155
full-time judge on and after January 1, 2008, until the expiration 1156
of that judge's term on December 31, 2011, and the office of that 1157
judge is abolished on January 1, 2012.1158

       In the Vandalia municipal court, one full-time judge shall be 1159
elected in 1959.1160

       In the Van Wert municipal court, one full-time judge shall be 1161
elected in 1957.1162

       In the Vermilion municipal court, one part-time judge shall 1163
be elected in 1965.1164

       In the Wadsworth municipal court, one full-time judge shall 1165
be elected in 1981.1166

       In the Warren municipal court, one full-time judge shall be 1167
elected in 1951, and one full-time judge shall be elected in 1971.1168

       In the Washington Court House municipal court, one full-time 1169
judge shall be elected in 1999. The part-time judge elected in 1170
1993, whose term commenced on January 1, 1994, shall serve until 1171
December 31, 1999, and the office of that judge is abolished on 1172
January 1, 2000.1173

       In the Wayne county municipal court, one full-time judge 1174
shall be elected in 1975, and one full-time judge shall be elected 1175
in 1979.1176

       In the Willoughby municipal court, one full-time judge shall 1177
be elected in 1951.1178

       In the Wilmington municipal court, one full-time judge shall 1179
be elected in 1991, who shall serve as the judge of the Wilmington 1180
municipal court through June 30, 1992, and as the judge of the 1181
Clinton county municipal court from July 1, 1992, until the end of 1182
that judge's term on December 31, 1997.1183

       In the Xenia municipal court, one full-time judge shall be 1184
elected in 1977.1185

       In the Youngstown municipal court, one full-time judge shall 1186
be elected in 1951, and two full-time judges shall be elected in 1187
1953.1188

       In the Zanesville municipal court, one full-time judge shall 1189
be elected in 1953.1190

       Sec. 1901.31.  The clerk and deputy clerks of a municipal 1191
court shall be selected, be compensated, give bond, and have 1192
powers and duties as follows:1193

       (A) There shall be a clerk of the court who is appointed or 1194
elected as follows:1195

       (1)(a) Except in the Akron, Barberton, Toledo, Hamilton 1196
county, Portage county, and Wayne county municipal courts and 1197
through December 31, 2008, the Cuyahoga Falls municipal court, if 1198
the population of the territory equals or exceeds one hundred 1199
thousand at the regular municipal election immediately preceding 1200
the expiration of the term of the present clerk, the clerk shall 1201
be nominated and elected by the qualified electors of the 1202
territory in the manner that is provided for the nomination and 1203
election of judges in section 1901.07 of the Revised Code.1204

       The clerk so elected shall hold office for a term of six 1205
years, which term shall commence on the first day of January 1206
following the clerk's election and continue until the clerk's 1207
successor is elected and qualified.1208

       (b) In the Hamilton county municipal court, the clerk of 1209
courts of Hamilton county shall be the clerk of the municipal 1210
court and may appoint an assistant clerk who shall receive the 1211
compensation, payable out of the treasury of Hamilton county in 1212
semimonthly installments, that the board of county commissioners 1213
prescribes. The clerk of courts of Hamilton county, acting as the 1214
clerk of the Hamilton county municipal court and assuming the 1215
duties of that office, shall receive compensation at one-fourth 1216
the rate that is prescribed for the clerks of courts of common 1217
pleas as determined in accordance with the population of the 1218
county and the rates set forth in sections 325.08 and 325.18 of 1219
the Revised Code. This compensation shall be paid from the county 1220
treasury in semimonthly installments and is in addition to the 1221
annual compensation that is received for the performance of the 1222
duties of the clerk of courts of Hamilton county, as provided in 1223
sections 325.08 and 325.18 of the Revised Code.1224

       (c) In the Portage county and Wayne county municipal courts, 1225
the clerks of courts of Portage county and Wayne county shall be 1226
the clerks, respectively, of the Portage county and Wayne county 1227
municipal courts and may appoint a chief deputy clerk for each 1228
branch that is established pursuant to section 1901.311 of the 1229
Revised Code and assistant clerks as the judges of the municipal 1230
court determine are necessary, all of whom shall receive the 1231
compensation that the legislative authority prescribes. The clerks 1232
of courts of Portage county and Wayne county, acting as the clerks 1233
of the Portage county and Wayne county municipal courts and 1234
assuming the duties of these offices, shall receive compensation 1235
payable from the county treasury in semimonthly installments at 1236
one-fourth the rate that is prescribed for the clerks of courts of 1237
common pleas as determined in accordance with the population of 1238
the county and the rates set forth in sections 325.08 and 325.18 1239
of the Revised Code.1240

       (d) Except as otherwise provided in division (A)(1)(d) of 1241
this section, in the Akron municipal court, candidates for 1242
election to the office of clerk of the court shall be nominated by 1243
primary election. The primary election shall be held on the day 1244
specified in the charter of the city of Akron for the nomination 1245
of municipal officers. Notwithstanding any contrary provision of 1246
section 3513.05 or 3513.257 of the Revised Code, the declarations 1247
of candidacy and petitions of partisan candidates and the 1248
nominating petitions of independent candidates for the office of 1249
clerk of the Akron municipal court shall be signed by at least 1250
fifty qualified electors of the territory of the court.1251

       The candidates shall file a declaration of candidacy and 1252
petition, or a nominating petition, whichever is applicable, not 1253
later than four p.m. of the seventy-fifth day before the day of 1254
the primary election, in the form prescribed by section 3513.07 or 1255
3513.261 of the Revised Code. The declaration of candidacy and 1256
petition, or the nominating petition, shall conform to the 1257
applicable requirements of section 3513.05 or 3513.257 of the 1258
Revised Code.1259

       If no valid declaration of candidacy and petition is filed by 1260
any person for nomination as a candidate of a particular political 1261
party for election to the office of clerk of the Akron municipal 1262
court, a primary election shall not be held for the purpose of 1263
nominating a candidate of that party for election to that office. 1264
If only one person files a valid declaration of candidacy and 1265
petition for nomination as a candidate of a particular political 1266
party for election to that office, a primary election shall not be 1267
held for the purpose of nominating a candidate of that party for 1268
election to that office, and the candidate shall be issued a 1269
certificate of nomination in the manner set forth in section 1270
3513.02 of the Revised Code.1271

       Declarations of candidacy and petitions, nominating 1272
petitions, and certificates of nomination for the office of clerk 1273
of the Akron municipal court shall contain a designation of the 1274
term for which the candidate seeks election. At the following 1275
regular municipal election, all candidates for the office shall be 1276
submitted to the qualified electors of the territory of the court 1277
in the manner that is provided in section 1901.07 of the Revised 1278
Code for the election of the judges of the court. The clerk so 1279
elected shall hold office for a term of six years, which term 1280
shall commence on the first day of January following the clerk's 1281
election and continue until the clerk's successor is elected and 1282
qualified.1283

       (e) Except as otherwise provided in division (A)(1)(e) of 1284
this section, in the Barberton municipal court, candidates for 1285
election to the office of clerk of the court shall be nominated by 1286
primary election. The primary election shall be held on the day 1287
specified in the charter of the city of Barberton for the 1288
nomination of municipal officers. Notwithstanding any contrary 1289
provision of section 3513.05 or 3513.257 of the Revised Code, the 1290
declarations of candidacy and petitions of partisan candidates and 1291
the nominating petitions of independent candidates for the office 1292
of clerk of the Barberton municipal court shall be signed by at 1293
least fifty qualified electors of the territory of the court.1294

       The candidates shall file a declaration of candidacy and 1295
petition, or a nominating petition, whichever is applicable, not 1296
later than four p.m. of the seventy-fifth day before the day of 1297
the primary election, in the form prescribed by section 3513.07 or 1298
3513.261 of the Revised Code. The declaration of candidacy and 1299
petition, or the nominating petition, shall conform to the 1300
applicable requirements of section 3513.05 or 3513.257 of the 1301
Revised Code.1302

       If no valid declaration of candidacy and petition is filed by 1303
any person for nomination as a candidate of a particular political 1304
party for election to the office of clerk of the Barberton 1305
municipal court, a primary election shall not be held for the 1306
purpose of nominating a candidate of that party for election to 1307
that office. If only one person files a valid declaration of 1308
candidacy and petition for nomination as a candidate of a 1309
particular political party for election to that office, a primary 1310
election shall not be held for the purpose of nominating a 1311
candidate of that party for election to that office, and the 1312
candidate shall be issued a certificate of nomination in the 1313
manner set forth in section 3513.02 of the Revised Code.1314

       Declarations of candidacy and petitions, nominating 1315
petitions, and certificates of nomination for the office of clerk 1316
of the Barberton municipal court shall contain a designation of 1317
the term for which the candidate seeks election. At the following 1318
regular municipal election, all candidates for the office shall be 1319
submitted to the qualified electors of the territory of the court 1320
in the manner that is provided in section 1901.07 of the Revised 1321
Code for the election of the judges of the court. The clerk so 1322
elected shall hold office for a term of six years, which term 1323
shall commence on the first day of January following the clerk's 1324
election and continue until the clerk's successor is elected and 1325
qualified.1326

       (f)(i) Through December 31, 2008, except as otherwise 1327
provided in division (A)(1)(f)(i) of this section, in the Cuyahoga 1328
Falls municipal court, candidates for election to the office of 1329
clerk of the court shall be nominated by primary election. The 1330
primary election shall be held on the day specified in the charter 1331
of the city of Cuyahoga Falls for the nomination of municipal 1332
officers. Notwithstanding any contrary provision of section 1333
3513.05 or 3513.257 of the Revised Code, the declarations of 1334
candidacy and petitions of partisan candidates and the nominating 1335
petitions of independent candidates for the office of clerk of the 1336
Cuyahoga Falls municipal court shall be signed by at least fifty 1337
qualified electors of the territory of the court.1338

       The candidates shall file a declaration of candidacy and 1339
petition, or a nominating petition, whichever is applicable, not 1340
later than four p.m. of the seventy-fifth day before the day of 1341
the primary election, in the form prescribed by section 3513.07 or 1342
3513.261 of the Revised Code. The declaration of candidacy and 1343
petition, or the nominating petition, shall conform to the 1344
applicable requirements of section 3513.05 or 3513.257 of the 1345
Revised Code.1346

       If no valid declaration of candidacy and petition is filed by 1347
any person for nomination as a candidate of a particular political 1348
party for election to the office of clerk of the Cuyahoga Falls 1349
municipal court, a primary election shall not be held for the 1350
purpose of nominating a candidate of that party for election to 1351
that office. If only one person files a valid declaration of 1352
candidacy and petition for nomination as a candidate of a 1353
particular political party for election to that office, a primary 1354
election shall not be held for the purpose of nominating a 1355
candidate of that party for election to that office, and the 1356
candidate shall be issued a certificate of nomination in the 1357
manner set forth in section 3513.02 of the Revised Code.1358

       Declarations of candidacy and petitions, nominating 1359
petitions, and certificates of nomination for the office of clerk 1360
of the Cuyahoga Falls municipal court shall contain a designation 1361
of the term for which the candidate seeks election. At the 1362
following regular municipal election, all candidates for the 1363
office shall be submitted to the qualified electors of the 1364
territory of the court in the manner that is provided in section 1365
1901.07 of the Revised Code for the election of the judges of the 1366
court. The clerk so elected shall hold office for a term of six 1367
years, which term shall commence on the first day of January 1368
following the clerk's election and continue until the clerk's 1369
successor is elected and qualified.1370

       (ii) Division (A)(1)(f)(i) of this section shall have no 1371
effect after December 31, 2008.1372

       (g) Except as otherwise provided in division (A)(1)(g) of 1373
this section, in the Toledo municipal court, candidates for 1374
election to the office of clerk of the court shall be nominated by 1375
primary election. The primary election shall be held on the day 1376
specified in the charter of the city of Toledo for the nomination 1377
of municipal officers. Notwithstanding any contrary provision of 1378
section 3513.05 or 3513.257 of the Revised Code, the declarations 1379
of candidacy and petitions of partisan candidates and the 1380
nominating petitions of independent candidates for the office of 1381
clerk of the Toledo municipal court shall be signed by at least 1382
fifty qualified electors of the territory of the court.1383

       The candidates shall file a declaration of candidacy and 1384
petition, or a nominating petition, whichever is applicable, not 1385
later than four p.m. of the seventy-fifth day before the day of 1386
the primary election, in the form prescribed by section 3513.07 or 1387
3513.261 of the Revised Code. The declaration of candidacy and 1388
petition, or the nominating petition, shall conform to the 1389
applicable requirements of section 3513.05 or 3513.257 of the 1390
Revised Code.1391

       If no valid declaration of candidacy and petition is filed by 1392
any person for nomination as a candidate of a particular political 1393
party for election to the office of clerk of the Toledo municipal 1394
court, a primary election shall not be held for the purpose of 1395
nominating a candidate of that party for election to that office. 1396
If only one person files a valid declaration of candidacy and 1397
petition for nomination as a candidate of a particular political 1398
party for election to that office, a primary election shall not be 1399
held for the purpose of nominating a candidate of that party for 1400
election to that office, and the candidate shall be issued a 1401
certificate of nomination in the manner set forth in section 1402
3513.02 of the Revised Code.1403

       Declarations of candidacy and petitions, nominating 1404
petitions, and certificates of nomination for the office of clerk 1405
of the Toledo municipal court shall contain a designation of the 1406
term for which the candidate seeks election. At the following 1407
regular municipal election, all candidates for the office shall be 1408
submitted to the qualified electors of the territory of the court 1409
in the manner that is provided in section 1901.07 of the Revised 1410
Code for the election of the judges of the court. The clerk so 1411
elected shall hold office for a term of six years, which term 1412
shall commence on the first day of January following the clerk's 1413
election and continue until the clerk's successor is elected and 1414
qualified.1415

       (2)(a) Except for the Alliance, Auglaize county, Brown 1416
county, Columbiana county, Holmes county, Putnam county, Lorain, 1417
Massillon, and Youngstown municipal courts, in a municipal court 1418
for which the population of the territory is less than one hundred 1419
thousand, the clerk shall be appointed by the court, and the clerk 1420
shall hold office until the clerk's successor is appointed and 1421
qualified.1422

       (b) In the Alliance, Lorain, Massillon, and Youngstown 1423
municipal courts, the clerk shall be elected for a term of office 1424
as described in division (A)(1)(a) of this section.1425

       (c) In the Auglaize county, Brown county, and Holmes county, 1426
and Putnam county municipal courts, the clerks of courts of 1427
Auglaize county, Brown county, and Holmes county, and Putnam 1428
county shall be the clerks, respectively, of the Auglaize county, 1429
Brown county, and Holmes county, and Putnam county municipal 1430
courts and may appoint a chief deputy clerk for each branch office 1431
that is established pursuant to section 1901.311 of the Revised 1432
Code, and assistant clerks as the judge of the court determines 1433
are necessary, all of whom shall receive the compensation that the 1434
legislative authority prescribes. The clerks of courts of Auglaize 1435
county, Brown county, and Holmes county, and Putnam county,1436
acting as the clerks of the Auglaize county, Brown county, and1437
Holmes county, and Putnam county municipal courts and assuming the 1438
duties of these offices, shall receive compensation payable from 1439
the county treasury in semimonthly installments at one-fourth the 1440
rate that is prescribed for the clerks of courts of common pleas 1441
as determined in accordance with the population of the county and 1442
the rates set forth in sections 325.08 and 325.18 of the Revised 1443
Code.1444

       (d) In the Columbiana county municipal court, the clerk of 1445
courts of Columbiana county shall be the clerk of the municipal 1446
court, may appoint a chief deputy clerk for each branch office 1447
that is established pursuant to section 1901.311 of the Revised 1448
Code, and may appoint any assistant clerks that the judges of the 1449
court determine are necessary. All of the chief deputy clerks and 1450
assistant clerks shall receive the compensation that the 1451
legislative authority prescribes. The clerk of courts of 1452
Columbiana county, acting as the clerk of the Columbiana county 1453
municipal court and assuming the duties of that office, shall 1454
receive in either biweekly installments or semimonthly 1455
installments, as determined by the payroll administrator, 1456
compensation payable from the county treasury at one-fourth the 1457
rate that is prescribed for the clerks of courts of common pleas 1458
as determined in accordance with the population of the county and 1459
the rates set forth in sections 325.08 and 325.18 of the Revised 1460
Code.1461

       (3) During the temporary absence of the clerk due to illness, 1462
vacation, or other proper cause, the court may appoint a temporary 1463
clerk, who shall be paid the same compensation, have the same 1464
authority, and perform the same duties as the clerk.1465

       (B) Except in the Hamilton county, Portage county, and Wayne 1466
county municipal courts, if a vacancy occurs in the office of the 1467
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal 1468
court or occurs in the office of the clerk of a municipal court 1469
for which the population of the territory equals or exceeds one 1470
hundred thousand because the clerk ceases to hold the office 1471
before the end of the clerk's term or because a clerk-elect fails 1472
to take office, the vacancy shall be filled, until a successor is 1473
elected and qualified, by a person chosen by the residents of the 1474
territory of the court who are members of the county central 1475
committee of the political party by which the last occupant of 1476
that office or the clerk-elect was nominated. Not less than five 1477
nor more than fifteen days after a vacancy occurs, those members 1478
of that county central committee shall meet to make an appointment 1479
to fill the vacancy. At least four days before the date of the 1480
meeting, the chairperson or a secretary of the county central 1481
committee shall notify each such member of that county central 1482
committee by first class mail of the date, time, and place of the 1483
meeting and its purpose. A majority of all such members of that 1484
county central committee constitutes a quorum, and a majority of 1485
the quorum is required to make the appointment. If the office so 1486
vacated was occupied or was to be occupied by a person not 1487
nominated at a primary election, or if the appointment was not 1488
made by the committee members in accordance with this division, 1489
the court shall make an appointment to fill the vacancy. A 1490
successor shall be elected to fill the office for the unexpired 1491
term at the first municipal election that is held more than one 1492
hundred twenty days after the vacancy occurred.1493

       (C)(1) In a municipal court, other than the Auglaize county, 1494
the Brown county, the Columbiana county, the Holmes county, the 1495
Putnam county, and the Lorain municipal courts, for which the 1496
population of the territory is less than one hundred thousand, the 1497
clerk of the municipal court shall receive the annual compensation 1498
that the presiding judge of the court prescribes, if the revenue 1499
of the court for the preceding calendar year, as certified by the 1500
auditor or chief fiscal officer of the municipal corporation in 1501
which the court is located or, in the case of a county-operated 1502
municipal court, the county auditor, is equal to or greater than 1503
the expenditures, including any debt charges, for the operation of 1504
the court payable under this chapter from the city treasury or, in 1505
the case of a county-operated municipal court, the county treasury 1506
for that calendar year, as also certified by the auditor or chief 1507
fiscal officer. If the revenue of a municipal court, other than 1508
the Auglaize county, the Brown county, the Columbiana county, the 1509
Putnam county, and the Lorain municipal courts, for which the 1510
population of the territory is less than one hundred thousand for 1511
the preceding calendar year as so certified is not equal to or 1512
greater than those expenditures for the operation of the court for 1513
that calendar year as so certified, the clerk of a municipal court 1514
shall receive the annual compensation that the legislative 1515
authority prescribes. As used in this division, "revenue" means 1516
the total of all costs and fees that are collected and paid to the 1517
city treasury or, in a county-operated municipal court, the county 1518
treasury by the clerk of the municipal court under division (F) of 1519
this section and all interest received and paid to the city 1520
treasury or, in a county-operated municipal court, the county 1521
treasury in relation to the costs and fees under division (G) of 1522
this section.1523

       (2) In a municipal court, other than the Hamilton county, 1524
Portage county, and Wayne county municipal courts, for which the 1525
population of the territory is one hundred thousand or more, and 1526
in the Lorain municipal court, the clerk of the municipal court 1527
shall receive annual compensation in a sum equal to eighty-five 1528
per cent of the salary of a judge of the court.1529

       (3) The compensation of a clerk described in division (C)(1) 1530
or (2) of this section and of the clerk of the Columbiana county 1531
municipal court is payable in either semimonthly installments or 1532
biweekly installments, as determined by the payroll administrator, 1533
from the same sources and in the same manner as provided in 1534
section 1901.11 of the Revised Code, except that the compensation 1535
of the clerk of the Carroll county municipal court is payable in 1536
biweekly installments.1537

       (D) Before entering upon the duties of the clerk's office, 1538
the clerk of a municipal court shall give bond of not less than 1539
six thousand dollars to be determined by the judges of the court, 1540
conditioned upon the faithful performance of the clerk's duties.1541

       (E) The clerk of a municipal court may do all of the 1542
following: administer oaths, take affidavits, and issue executions 1543
upon any judgment rendered in the court, including a judgment for 1544
unpaid costs; issue, sign, and attach the seal of the court to all 1545
writs, process, subpoenas, and papers issuing out of the court; 1546
and approve all bonds, sureties, recognizances, and undertakings 1547
fixed by any judge of the court or by law. The clerk may refuse to 1548
accept for filing any pleading or paper submitted for filing by a 1549
person who has been found to be a vexatious litigator under 1550
section 2323.52 of the Revised Code and who has failed to obtain 1551
leave to proceed under that section. The clerk shall do all of the 1552
following: file and safely keep all journals, records, books, and 1553
papers belonging or appertaining to the court; record the 1554
proceedings of the court; perform all other duties that the judges 1555
of the court may prescribe; and keep a book showing all receipts 1556
and disbursements, which book shall be open for public inspection 1557
at all times.1558

       The clerk shall prepare and maintain a general index, a 1559
docket, and other records that the court, by rule, requires, all 1560
of which shall be the public records of the court. In the docket, 1561
the clerk shall enter, at the time of the commencement of an 1562
action, the names of the parties in full, the names of the 1563
counsel, and the nature of the proceedings. Under proper dates, 1564
the clerk shall note the filing of the complaint, issuing of 1565
summons or other process, returns, and any subsequent pleadings. 1566
The clerk also shall enter all reports, verdicts, orders, 1567
judgments, and proceedings of the court, clearly specifying the 1568
relief granted or orders made in each action. The court may order 1569
an extended record of any of the above to be made and entered, 1570
under the proper action heading, upon the docket at the request of 1571
any party to the case, the expense of which record may be taxed as 1572
costs in the case or may be required to be prepaid by the party 1573
demanding the record, upon order of the court.1574

       (F) The clerk of a municipal court shall receive, collect, 1575
and issue receipts for all costs, fees, fines, bail, and other 1576
moneys payable to the office or to any officer of the court. The 1577
clerk shall each month disburse to the proper persons or officers, 1578
and take receipts for, all costs, fees, fines, bail, and other 1579
moneys that the clerk collects. Subject to sections 307.515 and 1580
4511.193 of the Revised Code and to any other section of the 1581
Revised Code that requires a specific manner of disbursement of 1582
any moneys received by a municipal court and except for the 1583
Hamilton county, Lawrence county, and Ottawa county municipal 1584
courts, the clerk shall pay all fines received for violation of 1585
municipal ordinances into the treasury of the municipal 1586
corporation the ordinance of which was violated and shall pay all 1587
fines received for violation of township resolutions adopted 1588
pursuant to section 503.52 or 503.53 or Chapter 504. of the 1589
Revised Code into the treasury of the township the resolution of 1590
which was violated. Subject to sections 1901.024 and 4511.193 of 1591
the Revised Code, in the Hamilton county, Lawrence county, and 1592
Ottawa county municipal courts, the clerk shall pay fifty per cent 1593
of the fines received for violation of municipal ordinances and 1594
fifty per cent of the fines received for violation of township 1595
resolutions adopted pursuant to section 503.52 or 503.53 or 1596
Chapter 504. of the Revised Code into the treasury of the county. 1597
Subject to sections 307.515, 4511.19, and 5503.04 of the Revised 1598
Code and to any other section of the Revised Code that requires a 1599
specific manner of disbursement of any moneys received by a 1600
municipal court, the clerk shall pay all fines collected for the 1601
violation of state laws into the county treasury. Except in a 1602
county-operated municipal court, the clerk shall pay all costs and 1603
fees the disbursement of which is not otherwise provided for in 1604
the Revised Code into the city treasury. The clerk of a 1605
county-operated municipal court shall pay the costs and fees the 1606
disbursement of which is not otherwise provided for in the Revised 1607
Code into the county treasury. Moneys deposited as security for 1608
costs shall be retained pending the litigation. The clerk shall 1609
keep a separate account of all receipts and disbursements in civil 1610
and criminal cases, which shall be a permanent public record of 1611
the office. On the expiration of the term of the clerk, the clerk 1612
shall deliver the records to the clerk's successor. The clerk 1613
shall have other powers and duties as are prescribed by rule or 1614
order of the court.1615

       (G) All moneys paid into a municipal court shall be noted on 1616
the record of the case in which they are paid and shall be 1617
deposited in a state or national bank, or a domestic savings and 1618
loan association, as defined in section 1151.01 of the Revised 1619
Code, that is selected by the clerk. Any interest received upon 1620
the deposits shall be paid into the city treasury, except that, in 1621
a county-operated municipal court, the interest shall be paid into 1622
the treasury of the county in which the court is located.1623

       On the first Monday in January of each year, the clerk shall 1624
make a list of the titles of all cases in the court that were 1625
finally determined more than one year past in which there remains 1626
unclaimed in the possession of the clerk any funds, or any part of 1627
a deposit for security of costs not consumed by the costs in the 1628
case. The clerk shall give notice of the moneys to the parties who 1629
are entitled to the moneys or to their attorneys of record. All 1630
the moneys remaining unclaimed on the first day of April of each 1631
year shall be paid by the clerk to the city treasurer, except 1632
that, in a county-operated municipal court, the moneys shall be 1633
paid to the treasurer of the county in which the court is located. 1634
The treasurer shall pay any part of the moneys at any time to the 1635
person who has the right to the moneys upon proper certification 1636
of the clerk.1637

       (H) Deputy clerks of a municipal court other than the Carroll 1638
county municipal court may be appointed by the clerk and shall 1639
receive the compensation, payable in either biweekly installments 1640
or semimonthly installments, as determined by the payroll 1641
administrator, out of the city treasury, that the clerk may 1642
prescribe, except that the compensation of any deputy clerk of a 1643
county-operated municipal court shall be paid out of the treasury 1644
of the county in which the court is located. The judge of the 1645
Carroll county municipal court may appoint deputy clerks for the 1646
court, and the deputy clerks shall receive the compensation, 1647
payable in biweekly installments out of the county treasury, that 1648
the judge may prescribe. Each deputy clerk shall take an oath of 1649
office before entering upon the duties of the deputy clerk's 1650
office and, when so qualified, may perform the duties appertaining 1651
to the office of the clerk. The clerk may require any of the 1652
deputy clerks to give bond of not less than three thousand 1653
dollars, conditioned for the faithful performance of the deputy 1654
clerk's duties.1655

       (I) For the purposes of this section, whenever the population 1656
of the territory of a municipal court falls below one hundred 1657
thousand but not below ninety thousand, and the population of the 1658
territory prior to the most recent regular federal census exceeded 1659
one hundred thousand, the legislative authority of the municipal 1660
corporation may declare, by resolution, that the territory shall 1661
be considered to have a population of at least one hundred 1662
thousand.1663

       (J) The clerk or a deputy clerk shall be in attendance at all 1664
sessions of the municipal court, although not necessarily in the 1665
courtroom, and may administer oaths to witnesses and jurors and 1666
receive verdicts.1667

       Sec. 1901.312.  (A) As used in this section, "health care 1668
coverage" has the same meaning as in section 1901.111 of the 1669
Revised Code.1670

       (B) The legislative authority, after consultation with the 1671
clerk and deputy clerks of the municipal court, shall negotiate 1672
and contract for, purchase, or otherwise procure group health care 1673
coverage for the clerk and deputy clerks and their spouses and 1674
dependents from insurance companies authorized to engage in the 1675
business of insurance in this state under Title XXXIX of the 1676
Revised Code or health insuring corporations holding certificates 1677
of authority under Chapter 1751. of the Revised Code, except that 1678
if the county or municipal corporation served by the legislative 1679
authority provides group health care coverage for its employees, 1680
the group health care coverage required by this section shall be 1681
provided, if possible, through the policy or plan under which the 1682
group health care coverage is provided for the county or municipal 1683
corporation employees.1684

       (C) The portion of the costs, premiums, or charges for the 1685
group health care coverage procured pursuant to division (B) of 1686
this section that is not paid by the clerk and deputy clerks of 1687
the municipal court, or all of the costs, premiums, or charges for 1688
the group health care coverage if the clerk and deputy clerks will 1689
not be paying any such portion, shall be paid as follows:1690

       (1) If the municipal court is a county-operated municipal 1691
court, the portion of the costs, premiums, or charges or all of 1692
the costs, premiums, or charges shall be paid out of the treasury 1693
of the county.1694

       (2)(a) If the municipal court is not a county-operated 1695
municipal court, the portion of the costs, premiums, or charges in 1696
connection with the clerk or all of the costs, premiums, or 1697
charges in connection with the clerk shall be paid in three-fifths 1698
and two-fifths shares from the city treasury and appropriate 1699
county treasuries as described in division (C) of section 1901.31 1700
of the Revised Code. The three-fifths share of a city treasury is 1701
subject to apportionment under section 1901.026 of the Revised 1702
Code.1703

       (b) If the municipal court is not a county-operated municipal 1704
court, the portion of the costs, premiums, or charges in 1705
connection with the deputy clerks or all of the costs, premiums, 1706
or charges in connection with the deputy clerks shall be paid from 1707
the city treasury and shall be subject to apportionment under 1708
section 1901.026 of the Revised Code.1709

       (D) This section does not apply to the clerk of the Auglaize 1710
county, Hamilton county, Portage county, Putnam county, or Wayne 1711
county municipal court, if health care coverage is provided to the 1712
clerk by virtue of the clerk's employment as the clerk of the 1713
court of common pleas of Auglaize county, Hamilton county, Portage 1714
county, Putnam county, or Wayne county.1715

       Sec. 1901.32.  (A) The bailiffs and deputy bailiffs of a 1716
municipal court shall be provided for, and their duties are, as 1717
follows:1718

       (1) Except for the Hamilton county municipal court, the court 1719
shall appoint a bailiff who shall receive the annual compensation 1720
that the court prescribes payable in either biweekly installments 1721
or semimonthly installments, as determined by the payroll 1722
administrator, from the same sources and in the same manner as 1723
provided in section 1901.11 of the Revised Code. The court may 1724
provide that the chief of police of the municipal corporation or a 1725
member of the police force be appointed by the court to be the 1726
bailiff of the court. Before entering upon the duties of office, 1727
the bailiff shall take an oath to faithfully perform the duties of 1728
the office and shall give a bond of not less than three thousand 1729
dollars, as the legislative authority prescribes, conditioned for 1730
the faithful performance the duties of chief bailiff.1731

       (2) Except for the Hamilton county municipal court, deputy 1732
bailiffs may be appointed by the court. Deputy bailiffs shall 1733
receive the compensation payable in semimonthly installments out 1734
of the city treasury that the court prescribes, except that the 1735
compensation of deputy bailiffs in a county-operated municipal 1736
court shall be paid out of the treasury of the county in which the 1737
court is located. Each deputy bailiff shall give a bond in an 1738
amount not less than one thousand dollars, and, when so qualified, 1739
may perform the duties pertaining to the office of chief bailiff 1740
of the court.1741

       (3) The bailiff and all deputy bailiffs of the Hamilton 1742
county municipal court shall be appointed by the clerk and shall 1743
receive the compensation payable in semimonthly installments out 1744
of the treasury of Hamilton county that the clerk prescribes. Each 1745
judge of the Hamilton county municipal court may appoint a 1746
courtroom bailiff, each of whom shall receive the compensation 1747
payable in semimonthly installments out of the treasury of 1748
Hamilton county that the court prescribes.1749

       (4) The legislative authority may purchase motor vehicles for 1750
the use of the bailiffs and deputy bailiffs as the court 1751
determines they need to perform the duties of their office. All 1752
expenses, maintenance, and upkeep of the vehicles shall be paid by 1753
the legislative authority upon approval by the court. Any 1754
allowances, costs, and expenses for the operation of private motor 1755
vehicles by bailiffs and deputy bailiffs for official duties, 1756
including the cost of oil, gasoline, and maintenance, shall be 1757
prescribed by the court and, subject to the approval of the 1758
legislative authority, shall be paid from the city treasury, 1759
except that the allowances, costs, and expenses for the bailiffs 1760
and deputy bailiffs of a county-operated municipal court shall be 1761
paid from the treasury of the county in which the court is 1762
located.1763

       (5) Every police officer of any municipal corporation and 1764
police constable of a township within the territory of the court 1765
is ex officio a deputy bailiff of the court in and for the 1766
municipal corporation or township in which commissioned as a 1767
police officer or police constable, and shall perform any duties 1768
in respect to cases within the officerofficer's or constable's 1769
jurisdiction that are required by a judge of the court, or by the 1770
clerk or a bailiff or deputy bailiff of the court, without 1771
additional compensation.1772

       (6) In Putnam county, in addition to the persons who are ex 1773
officio deputy bailiffs under division (A)(5) of this section, 1774
every deputy sheriff of Putnam county is ex officio a deputy 1775
bailiff of the Putnam county municipal court and shall perform 1776
without additional compensation any duties in respect to cases 1777
within the deputy sheriff's jurisdiction that are required by a 1778
judge of the court, by the clerk of the court, or by a bailiff or 1779
deputy bailiff of the court.1780

       (7) The bailiff and deputy bailiffs shall perform for the 1781
court services similar to those performed by the sheriff for the 1782
court of common pleas and shall perform any other duties that are 1783
requested by rule of court.1784

       The bailiff or deputy bailiff may administer oaths to 1785
witnesses and jurors and receive verdicts in the same manner and 1786
form and to the same extent as the clerk or deputy clerks of the 1787
court. The bailiff may approve all undertakings and bonds given in 1788
actions of replevin and all redelivery bonds in attachments.1789

       (B) In the Cleveland municipal court, the chief clerks and 1790
all deputy clerks are in the classified civil service of the city 1791
of Cleveland. The clerk, the chief deputy clerks, the probation 1792
officers, one private secretary, one personal stenographer to the 1793
clerk, and one personal bailiff to each judge are in the 1794
unclassified civil service of the city of Cleveland. Upon demand 1795
of the clerk, the civil service commission of the city of 1796
Cleveland shall certify a list of those eligible for the position 1797
of deputy clerk. From the list, the clerk shall designate chief 1798
clerks and the number of deputy clerks that the legislative 1799
authority determines are necessary.1800

       Except as otherwise provided in this division, the bailiff, 1801
chief deputy bailiffs, and all deputy bailiffs of the Cleveland 1802
municipal court appointed after January 1, 1968, and the chief 1803
housing specialist, housing specialists, and housing division 1804
referees of the housing division of the Cleveland municipal court 1805
appointed under section 1901.331 of the Revised Code are in the 1806
unclassified civil service of the city of Cleveland. All deputy 1807
bailiffs of the housing division of the Cleveland municipal court 1808
appointed pursuant to that section are in the classified civil 1809
service of the city of Cleveland. Upon the demand of the judge of 1810
the housing division of the Cleveland municipal court, the civil 1811
service commission of the city of Cleveland shall certify a list 1812
of those eligible for the position of deputy bailiff of the 1813
housing division. From the list, the judge of the housing division 1814
shall designate the number of deputy bailiffs that the judge 1815
determines are necessary.1816

       The chief deputy clerks, the chief clerks, and all other 1817
deputy clerks of the Cleveland municipal court shall receive the 1818
compensation that the clerk prescribes. Except as provided in 1819
division (A)(4)(a) of section 1901.331 of the Revised Code with 1820
respect to officers and employees of the housing division of the 1821
Cleveland municipal court, the bailiff, all deputy bailiffs, and 1822
assignment room personnel of the Cleveland municipal court shall 1823
receive the compensation that the court prescribes.1824

       Any appointee under sections 1901.01 to 1901.37 of the 1825
Revised Code may be dismissed or discharged by the same power that 1826
appointed the appointee. In the case of the removal of any civil 1827
service appointee under those sections, an appeal may be taken 1828
from the decision of the civil service commission to the court of 1829
common pleas of Cuyahoga county to determine the sufficiency of 1830
the cause of removal. The appeal shall be taken within ten days of 1831
the finding of the commission.1832

       In the Cleveland municipal court, the presiding judge may 1833
appoint on a full-time, per diem, or contractual basis any 1834
official court reporters for the civil branch of the court that 1835
the business of the court requires. The compensation of official 1836
court reporters shall be determined by the presiding judge of the 1837
court. The compensation shall be payable from the city treasury 1838
and from the treasury of Cuyahoga county in the same proportion as 1839
designated in section 1901.11 of the Revised Code for the payment 1840
of compensation of municipal judges. In every trial in which the 1841
services of a court reporter so appointed are requested by the 1842
judge, any party, or the attorney for any party, there shall be 1843
taxed for each day's services of the court reporter a fee in the 1844
same amount as may be taxed for similar services in the court of 1845
common pleas under section 2301.21 of the Revised Code, to be 1846
collected as other costs in the case. The fees so collected shall 1847
be paid quarterly by the clerk into the city treasury and the 1848
treasury of Cuyahoga county in the same proportion as the 1849
compensation for the court reporters is paid from the city and 1850
county treasuries and shall be credited to the general funds of 1851
the city and county treasuries.1852

       (C) In the Hamilton county municipal court, all employees, 1853
including the bailiff, deputy bailiff, and courtroom bailiffs, are 1854
in the unclassified civil service.1855

       Sec. 1901.34.  (A) Except as provided in divisions (B) and 1856
(D) of this section, the village solicitor, city director of law, 1857
or similar chief legal officer for each municipal corporation 1858
within the territory of a municipal court shall prosecute all 1859
cases brought before the municipal court for criminal offenses 1860
occurring within the municipal corporation for which that person 1861
is the solicitor, director of law, or similar chief legal officer. 1862
Except as provided in division (B) of this section, the village 1863
solicitor, city director of law, or similar chief legal officer of 1864
the municipal corporation in which a municipal court is located 1865
shall prosecute all criminal cases brought before the court 1866
arising in the unincorporated areas within the territory of the 1867
municipal court.1868

       (B) The Auglaize county, Brown county, Clermont county, 1869
Hocking county, Holmes county, Jackson county, Morrow county, 1870
Ottawa county, and Portage county, and Putnam county prosecuting 1871
attorneys shall prosecute in municipal court all violations of 1872
state law arising in their respective counties. The Carroll 1873
county, Crawford county, Hamilton county, Madison county, and 1874
Wayne county prosecuting attorneys and beginning January 1, 2008, 1875
the Erie county prosecuting attorney shall prosecute all 1876
violations of state law arising within the unincorporated areas of 1877
their respective counties. The Columbiana county prosecuting 1878
attorney shall prosecute in the Columbiana county municipal court 1879
all violations of state law arising in the county, except for 1880
violations arising in the municipal corporation of East Liverpool, 1881
Liverpool township, or St. Clair township. The Darke county 1882
prosecuting attorney shall prosecute in the Darke county municipal 1883
court all violations of state law arising in the county, except 1884
for violations of state law arising in the municipal corporation 1885
of Greenville and violations of state law arising in the village 1886
of Versailles. The Greene county board of county commissioners may 1887
provide for the prosecution of all violations of state law arising 1888
within the territorial jurisdiction of any municipal court located 1889
in Greene county.1890

       The prosecuting attorney of any county given the duty of 1891
prosecuting in municipal court violations of state law shall 1892
receive no additional compensation for assuming these additional 1893
duties, except that the prosecuting attorney of Hamilton, Portage, 1894
and Wayne counties shall receive compensation at the rate of four 1895
thousand eight hundred dollars per year, and the prosecuting 1896
attorney of Auglaize county shall receive compensation at the rate 1897
of one thousand eight hundred dollars per year, each payable from 1898
the county treasury of the respective counties in semimonthly 1899
installments.1900

       (C) The village solicitor, city director of law, or similar 1901
chief legal officer shall perform the same duties, insofar as they 1902
are applicable to the village solicitor, city director of law, or 1903
similar chief legal officer, as are required of the prosecuting 1904
attorney of the county. The village solicitor, city director of 1905
law, similar chief legal officer or any assistants who may be 1906
appointed shall receive for such services additional compensation 1907
to be paid from the treasury of the county as the board of county 1908
commissioners prescribes.1909

       (D) The prosecuting attorney of any county, other than 1910
Auglaize, Brown, Clermont, Hocking, Holmes, Jackson, Morrow, 1911
Ottawa, or Portage, or Putnam county, may enter into an agreement 1912
with any municipal corporation in the county in which the 1913
prosecuting attorney serves pursuant to which the prosecuting 1914
attorney prosecutes all criminal cases brought before the 1915
municipal court that has territorial jurisdiction over that 1916
municipal corporation for criminal offenses occurring within the 1917
municipal corporation. The prosecuting attorney of Auglaize, 1918
Brown, Clermont, Hocking, Holmes, Jackson, Morrow, Ottawa, or1919
Portage, or Putnam county may enter into an agreement with any 1920
municipal corporation in the county in which the prosecuting 1921
attorney serves pursuant to which the respective prosecuting 1922
attorney prosecutes all cases brought before the Auglaize county, 1923
Brown county, Clermont county, Hocking county, Holmes county, 1924
Jackson county, Morrow county, Ottawa county, or Portage county, 1925
or Putnam county municipal court for violations of the ordinances 1926
of the municipal corporation or for criminal offenses other than 1927
violations of state law occurring within the municipal 1928
corporation. For prosecuting these cases, the prosecuting attorney 1929
and the municipal corporation may agree upon a fee to be paid by 1930
the municipal corporation, which fee shall be paid into the county 1931
treasury, to be used to cover expenses of the office of the 1932
prosecuting attorney.1933

       Sec. 1907.11.  (A) Each county court district shall have the 1934
following county court judges, to be elected as follows:1935

       In the Adams county county court, one part-time judge shall 1936
be elected in 1982.1937

       In the Ashtabula county county court, one part-time judge 1938
shall be elected in 1980, and one part-time judge shall be elected 1939
in 1982.1940

       In the Belmont county county court, one part-time judge shall 1941
be elected in 1992, term to commence on January 1, 1993, and two 1942
part-time judges shall be elected in 1994, terms to commence on 1943
January 1, 1995, and January 2, 1995, respectively.1944

       In the Butler county county court, one part-time judge shall 1945
be elected in 1992, term to commence on January 1, 1993, and two 1946
part-time judges shall be elected in 1994, terms to commence on 1947
January 1, 1995, and January 2, 1995, respectively.1948

        Until December 31, 2007, in the Erie county county court, one 1949
part-time judge shall be elected in 1982. Effective January 1, 1950
2008, the Erie county county court shall cease to exist.1951

       In the Fulton county county court, one part-time judge shall 1952
be elected in 1980, and one part-time judge shall be elected in 1953
1982.1954

       In the Harrison county county court, one part-time judge 1955
shall be elected in 1982.1956

       In the Highland county county court, one part-time judge 1957
shall be elected in 1982.1958

       In the Jefferson county county court, one part-time judge 1959
shall be elected in 1992, term to commence on January 1, 1993, and 1960
two part-time judges shall be elected in 1994, terms to commence 1961
on January 1, 1995, and January 2, 1995, respectively.1962

       In the Mahoning county county court, one part-time judge 1963
shall be elected in 1992, term to commence on January 1, 1993, and 1964
three part-time judges shall be elected in 1994, terms to commence 1965
on January 1, 1995, January 2, 1995, and January 3, 1995, 1966
respectively.1967

       In the Meigs county county court, one part-time judge shall 1968
be elected in 1982.1969

       In the Monroe county county court, one part-time judge shall 1970
be elected in 1982.1971

       In the Montgomery county county court, three part-time judges 1972
shall be elected in 1998, terms to commence on January 1, 1999, 1973
January 2, 1999, and January 3, 1999, respectively, and two 1974
part-time judges shall be elected in 1994, terms to commence on 1975
January 1, 1995, and January 2, 1995, respectively.1976

       In the Morgan county county court, one part-time judge shall 1977
be elected in 1982.1978

       In the Muskingum county county court, one part-time judge 1979
shall be elected in 1980, and one part-time judge shall be elected 1980
in 1982.1981

       In the Noble county county court, one part-time judge shall 1982
be elected in 1982.1983

       In the Paulding county county court, one part-time judge 1984
shall be elected in 1982.1985

       In the Perry county county court, one part-time judge shall 1986
be elected in 1982.1987

       In the Pike county county court, one part-time judge shall be 1988
elected in 1982.1989

       In the Putnam county county court, one part-time judge shall 1990
be elected in 1980, and one part-time judge shall be elected in 1991
1982.1992

       In the Sandusky county county court, two part-time judges 1993
shall be elected in 1994, terms to commence on January 1, 1995, 1994
and January 2, 1995, respectively.1995

       In the Trumbull county county court, one part-time judge 1996
shall be elected in 1992, and one part-time judge shall be elected 1997
in 1994.1998

       In the Tuscarawas county county court, one part-time judge 1999
shall be elected in 1982.2000

       In the Vinton county county court, one part-time judge shall 2001
be elected in 1982.2002

       In the Warren county county court, one part-time judge shall 2003
be elected in 1980, and one part-time judge shall be elected in 2004
1982.2005

       (B)(1) Additional judges shall be elected at the next regular 2006
election for a county court judge as provided in section 1907.13 2007
of the Revised Code.2008

       (2) Vacancies caused by the death or the resignation from, 2009
forfeiture of, or removal from office of a judge shall be filled 2010
in accordance with section 107.08 of the Revised Code, except as 2011
provided in section 1907.15 of the Revised Code.2012

       Sec. 1907.18.  (A) County court judges, within and 2013
coextensive with their respective counties, have jurisdiction and 2014
authority to:2015

       (1) Administer an oath authorized or required by law to be 2016
administered;2017

       (2) Take acknowledgments of instruments of writing;2018

       (3) Issue subpoenas to compel the attendance of witnesses to 2019
give evidence in causes or matters pending before the judges, or 2020
for the purpose of taking depositions or perpetuating testimony;2021

       (4) Proceed against sheriffs, deputy sheriffs, and constables 2022
failing to make return, making false return, or failing to pay 2023
over money collected on execution issued by the judges;2024

       (5) Try actions against other county court judges for 2025
refusing or neglecting to pay over moneys collected in their 2026
official capacity when the amount claimed does not exceed five 2027
hundred dollars. This division does not deny or impair any remedy 2028
provided by law in such a case by suit on the official bond of 2029
such a county court judge, or by amercement or otherwise, for 2030
neglect or failure to pay over money so collected.2031

       (6) Hear actions concerning the issuance and enforcement of, 2032
issue, and enforce temporary protection orders pursuant to section 2033
2919.26 of the Revised Code and protection orders pursuant to 2034
section 2903.213 of the Revised Code;2035

       (7) Hear actions concerning the enforcement of protection 2036
orders issued by courts of another state, as defined in section 2037
2919.27 of the Revised Code, and to enforce those protection 2038
orders.2039

       (B) County court judges may punish contempts, and exercise 2040
powers necessary to give effect to the jurisdiction of the court 2041
and to enforce its judgments, orders, and decrees, as provided in 2042
this chapter or, in the absence of a provision in this chapter, in 2043
a manner authorized by the Revised Code or common law for the 2044
judges of the courts of common pleas.2045

       (C)(1) County court judges have jurisdiction and authority to 2046
perform marriage ceremonies anywhere in the state.2047

       (2) A county court judge shall pay all marriage fees 2048
collected by the judge when not connected with any cause or 2049
proceeding pending in the county court to the treasurer of the 2050
county in which the court is located.2051

       Sec. 1907.26.  Judges of a county court shall not retain any 2052
of the costs or fees specified in the schedules adopted pursuant 2053
to section 1907.24 of the Revised Code, exceptnor shall they may2054
retain a fee for performing a marriage ceremony and making return. 2055
Those costs and fees that cannot be retained shall be transmitted 2056
to the general fund of the county on the first business day of 2057
each month.2058

       Sec. 2903.213.  (A) Except when the complaint involves a 2059
person who is a family or household member as defined in section 2060
2919.25 of the Revised Code, upon the filing of a complaint that 2061
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2062
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of 2063
a municipal ordinance substantially similar to section 2903.13, 2064
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or 2065
the commission of a sexually oriented offense, the complainant, 2066
the alleged victim, or a family or household member of an alleged 2067
victim may file a motion that requests the issuance of a 2068
protection order as a pretrial condition of release of the alleged 2069
offender, in addition to any bail set under Criminal Rule 46. The 2070
motion shall be filed with the clerk of the court that has 2071
jurisdiction of the case at any time after the filing of the 2072
complaint. If the complaint involves a person who is a family or 2073
household member, the complainant, the alleged victim, or the 2074
family or household member may file a motion for a temporary 2075
protection order pursuant to section 2919.26 of the Revised Code.2076

       (B) A motion for a protection order under this section shall 2077
be prepared on a form that is provided by the clerk of the court, 2078
and the form shall be substantially as follows:2079

"Motion for Protection Order
2080

............................
2081

Name and address of court
2082

State of Ohio2083

v. No. .......... 2084

.............................2085

Name of Defendant2086

(Name of person), moves the court to issue a protection order 2087
containing terms designed to ensure the safety and protection of 2088
the complainant or the alleged victim in the above-captioned case, 2089
in relation to the named defendant, pursuant to its authority to 2090
issue a protection order under section 2903.213 of the Revised 2091
Code.2092

       A complaint, a copy of which has been attached to this 2093
motion, has been filed in this court charging the named defendant 2094
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2095
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of 2096
a municipal ordinance substantially similar to section 2903.13, 2097
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or 2098
the commission of a sexually oriented offense.2099

       I understand that I must appear before the court, at a time 2100
set by the court not later than the next day that the court is in 2101
session after the filing of this motion, for a hearing on the 2102
motion, and that any protection order granted pursuant to this 2103
motion is a pretrial condition of release and is effective only 2104
until the disposition of the criminal proceeding arising out of 2105
the attached complaint or until the issuance under section 2106
2903.214 of the Revised Code of a protection order arising out of 2107
the same activities as those that were the basis of the attached 2108
complaint.2109

.....................................2110

Signature of person2111

.....................................2112

Address of person"2113

       (C)(1) As soon as possible after the filing of a motion that 2114
requests the issuance of a protection order under this section, 2115
but not later than the next day that the court is in session after 2116
the filing of the motion, the court shall conduct a hearing to 2117
determine whether to issue the order. The person who requested the 2118
order shall appear before the court and provide the court with the 2119
information that it requests concerning the basis of the motion. 2120
If the court finds that the safety and protection of the 2121
complainant or the alleged victim may be impaired by the continued 2122
presence of the alleged offender, the court may issue a protection 2123
order under this section, as a pretrial condition of release, that 2124
contains terms designed to ensure the safety and protection of the 2125
complainant or the alleged victim, including a requirement that 2126
the alleged offender refrain from entering the residence, school, 2127
business, or place of employment of the complainant or the alleged 2128
victim.2129

       (2)(a) If the court issues a protection order under this 2130
section that includes a requirement that the alleged offender 2131
refrain from entering the residence, school, business, or place of 2132
employment of the complainant or the alleged victim, the order 2133
shall clearly state that the order cannot be waived or nullified 2134
by an invitation to the alleged offender from the complainant, the 2135
alleged victim, or a family or household member to enter the 2136
residence, school, business, or place of employment or by the 2137
alleged offender's entry into one of those places otherwise upon 2138
the consent of the complainant, the alleged victim, or a family or 2139
household member.2140

       (b) Division (C)(2)(a) of this section does not limit any 2141
discretion of a court to determine that an alleged offender 2142
charged with a violation of section 2919.27 of the Revised Code, 2143
with a violation of a municipal ordinance substantially equivalent 2144
to that section, or with contempt of court, which charge is based 2145
on an alleged violation of a protection order issued under this 2146
section, did not commit the violation or was not in contempt of 2147
court.2148

       (D)(1) Except when the complaint involves a person who is a 2149
family or household member as defined in section 2919.25 of the 2150
Revised Code, upon the filing of a complaint that alleges a 2151
violation specified in division (A) of this section, the court, 2152
upon its own motion, may issue a protection order under this 2153
section as a pretrial condition of release of the alleged offender 2154
if it finds that the safety and protection of the complainant or 2155
the alleged victim may be impaired by the continued presence of 2156
the alleged offender.2157

       (2) If the court issues a protection order under this section 2158
as an ex parte order, it shall conduct, as soon as possible after 2159
the issuance of the order but not later than the next day that the 2160
court is in session after its issuance, a hearing to determine 2161
whether the order should remain in effect, be modified, or be 2162
revoked. The hearing shall be conducted under the standards set 2163
forth in division (C) of this section.2164

       (3) If a municipal court or a county court issues a 2165
protection order under this section and if, subsequent to the 2166
issuance of the order, the alleged offender who is the subject of 2167
the order is bound over to the court of common pleas for 2168
prosecution of a felony arising out of the same activities as 2169
those that were the basis of the complaint upon which the order is 2170
based, notwithstanding the fact that the order was issued by a 2171
municipal court or county court, the order shall remain in effect, 2172
as though it were an order of the court of common pleas, while the 2173
charges against the alleged offender are pending in the court of 2174
common pleas, for the period of time described in division (E)(2) 2175
of this section, and the court of common pleas has exclusive 2176
jurisdiction to modify the order issued by the municipal court or 2177
county court. This division applies when the alleged offender is 2178
bound over to the court of common pleas as a result of the person 2179
waiving a preliminary hearing on the felony charge, as a result of 2180
the municipal court or county court having determined at a 2181
preliminary hearing that there is probable cause to believe that 2182
the felony has been committed and that the alleged offender 2183
committed it, as a result of the alleged offender having been 2184
indicted for the felony, or in any other manner.2185

       (E) A protection order that is issued as a pretrial condition 2186
of release under this section:2187

       (1) Is in addition to, but shall not be construed as a part 2188
of, any bail set under Criminal Rule 46;2189

       (2) Is effective only until the disposition, by the court 2190
that issued the order or, in the circumstances described in 2191
division (D)(3) of this section, by the court of common pleas to 2192
which the alleged offender is bound over for prosecution, of the 2193
criminal proceeding arising out of the complaint upon which the 2194
order is based or until the issuance under section 2903.214 of the 2195
Revised Code of a protection order arising out of the same 2196
activities as those that were the basis of the complaint filed 2197
under this section;2198

       (3) Shall not be construed as a finding that the alleged 2199
offender committed the alleged offense and shall not be introduced 2200
as evidence of the commission of the offense at the trial of the 2201
alleged offender on the complaint upon which the order is based.2202

       (F) A person who meets the criteria for bail under Criminal 2203
Rule 46 and who, if required to do so pursuant to that rule, 2204
executes or posts bond or deposits cash or securities as bail, 2205
shall not be held in custody pending a hearing before the court on 2206
a motion requesting a protection order under this section.2207

       (G)(1) A copy of a protection order that is issued under this 2208
section shall be issued by the court to the complainant, to the 2209
alleged victim, to the person who requested the order, to the 2210
defendant, and to all law enforcement agencies that have 2211
jurisdiction to enforce the order. The court shall direct that a 2212
copy of the order be delivered to the defendant on the same day 2213
that the order is entered. If a municipal court or a county court 2214
issues a protection order under this section and if, subsequent to 2215
the issuance of the order, the defendant who is the subject of the 2216
order is bound over to the court of common pleas for prosecution 2217
as described in division (D)(3) of this section, the municipal 2218
court or county court shall direct that a copy of the order be 2219
delivered to the court of common pleas to which the defendant is 2220
bound over.2221

       (2) Upon the issuance of a protection order under this 2222
section, the court shall provide the parties to the order with the 2223
following notice orally or by form:2224

"NOTICE
2225

       If you are convicted of a misdemeanor crime involving 2226
violence in which you are or were a spouse, intimate partner, 2227
parent, or guardian of the victim or are or were involved in 2228
another, similar relationship with the victim, it may be unlawful 2229
for you to possess or purchase a firearm, including a rifle, 2230
pistol, or revolver, or ammunition pursuant to federal law under 2231
18 U.S.C. 922(g)(9). If you have any questions whether this law 2232
makes it illegal for you to possess or purchase a firearm or 2233
ammunition, you should consult an attorney."2234

        (3) All law enforcement agencies shall establish and maintain 2235
an index for the protection orders delivered to the agencies 2236
pursuant to division (G)(1) of this section. With respect to each 2237
order delivered, each agency shall note on the index the date and 2238
time of the agency's receipt of the order.2239

       (4)(3) Regardless of whether the petitioner has registered 2240
the protection order in the county in which the officer's agency 2241
has jurisdiction, any officer of a law enforcement agency shall 2242
enforce a protection order issued pursuant to this section in 2243
accordance with the provisions of the order.2244

       (H) Upon a violation of a protection order issued pursuant to 2245
this section, the court may issue another protection order under 2246
this section, as a pretrial condition of release, that modifies 2247
the terms of the order that was violated.2248

       (I) Notwithstanding any provision of law to the contrary and 2249
regardless of whether a protection order is issued or a consent 2250
agreement is approved by a court of another county or by a court 2251
of another state, no court or unit of state or local government 2252
shall charge any fee, cost, deposit, or money in connection with 2253
the filing of a motion pursuant to this section, in connection 2254
with the filing, issuance, registration, or service of a 2255
protection order or consent agreement, or for obtaining certified 2256
copies of a protection order or consent agreement.2257

       (J) As used in this section, "sexually oriented offense" has 2258
the same meaning as in section 2950.01 of the Revised Code.2259

       Sec. 2919.26.  (A)(1) Upon the filing of a complaint that 2260
alleges a violation of section 2909.06, 2909.07, 2911.12, or 2261
2911.211 of the Revised Code if the alleged victim of the 2262
violation was a family or household member at the time of the 2263
violation, a violation of a municipal ordinance that is 2264
substantially similar to any of those sections if the alleged 2265
victim of the violation was a family or household member at the 2266
time of the violation, any offense of violence if the alleged 2267
victim of the offense was a family or household member at the time 2268
of the commission of the offense, or any sexually oriented offense 2269
if the alleged victim of the offense was a family or household 2270
member at the time of the commission of the offense, the 2271
complainant, the alleged victim, or a family or household member 2272
of an alleged victim may file, or, if in an emergency the alleged 2273
victim is unable to file, a person who made an arrest for the 2274
alleged violation or offense under section 2935.03 of the Revised 2275
Code may file on behalf of the alleged victim, a motion that 2276
requests the issuance of a temporary protection order as a 2277
pretrial condition of release of the alleged offender, in addition 2278
to any bail set under Criminal Rule 46. The motion shall be filed 2279
with the clerk of the court that has jurisdiction of the case at 2280
any time after the filing of the complaint.2281

       (2) For purposes of section 2930.09 of the Revised Code, all 2282
stages of a proceeding arising out of a complaint alleging the 2283
commission of a violation, offense of violence, or sexually 2284
oriented offense described in division (A)(1) of this section, 2285
including all proceedings on a motion for a temporary protection 2286
order, are critical stages of the case, and a victim may be 2287
accompanied by a victim advocate or another person to provide 2288
support to the victim as provided in that section.2289

       (B) The motion shall be prepared on a form that is provided 2290
by the clerk of the court, which form shall be substantially as 2291
follows:2292

"MOTION FOR TEMPORARY PROTECTION ORDER
2293

.......................... Court
2294

Name and address of court
2295

State of Ohio2296

v. No. .......... 2297

..........................................2298

Name of Defendant2299

(name of person), moves the court to issue a temporary protection 2300
order containing terms designed to ensure the safety and 2301
protection of the complainant, alleged victim, and other family or 2302
household members, in relation to the named defendant, pursuant to 2303
its authority to issue such an order under section 2919.26 of the 2304
Revised Code.2305

       A complaint, a copy of which has been attached to this 2306
motion, has been filed in this court charging the named defendant 2307
with .......................... (name of the specified violation, 2308
the offense of violence, or sexually oriented offense charged) in 2309
circumstances in which the victim was a family or household member 2310
in violation of (section of the Revised Code designating the 2311
specified violation, offense of violence, or sexually oriented 2312
offense charged), or charging the named defendant with a violation 2313
of a municipal ordinance that is substantially similar to 2314
........................ (section of the Revised Code designating 2315
the specified violation, offense of violence, or sexually oriented 2316
offense charged) involving a family or household member.2317

       I understand that I must appear before the court, at a time 2318
set by the court within twenty-four hours after the filing of this 2319
motion, for a hearing on the motion or that, if I am unable to 2320
appear because of hospitalization or a medical condition resulting 2321
from the offense alleged in the complaint, a person who can 2322
provide information about my need for a temporary protection order 2323
must appear before the court in lieu of my appearing in court. I 2324
understand that any temporary protection order granted pursuant to 2325
this motion is a pretrial condition of release and is effective 2326
only until the disposition of the criminal proceeding arising out 2327
of the attached complaint, or the issuance of a civil protection 2328
order or the approval of a consent agreement, arising out of the 2329
same activities as those that were the basis of the complaint, 2330
under section 3113.31 of the Revised Code.2331

..........................................2332

Signature of person2333

(or signature of the arresting officer who filed the motion on 2334
behalf of the alleged victim)2335

..........................................2336

Address of person (or office address of the arresting officer who 2337
filed the motion on behalf of the alleged victim)"2338

       (C)(1) As soon as possible after the filing of a motion that 2339
requests the issuance of a temporary protection order, but not 2340
later than twenty-four hours after the filing of the motion, the 2341
court shall conduct a hearing to determine whether to issue the 2342
order. The person who requested the order shall appear before the 2343
court and provide the court with the information that it requests 2344
concerning the basis of the motion. If the person who requested 2345
the order is unable to appear and if the court finds that the 2346
failure to appear is because of the person's hospitalization or 2347
medical condition resulting from the offense alleged in the 2348
complaint, another person who is able to provide the court with 2349
the information it requests may appear in lieu of the person who 2350
requested the order. If the court finds that the safety and 2351
protection of the complainant, alleged victim, or any other family 2352
or household member of the alleged victim may be impaired by the 2353
continued presence of the alleged offender, the court may issue a 2354
temporary protection order, as a pretrial condition of release, 2355
that contains terms designed to ensure the safety and protection 2356
of the complainant, alleged victim, or the family or household 2357
member, including a requirement that the alleged offender refrain 2358
from entering the residence, school, business, or place of 2359
employment of the complainant, alleged victim, or the family or 2360
household member.2361

       (2)(a) If the court issues a temporary protection order that 2362
includes a requirement that the alleged offender refrain from 2363
entering the residence, school, business, or place of employment 2364
of the complainant, the alleged victim, or the family or household 2365
member, the order shall state clearly that the order cannot be 2366
waived or nullified by an invitation to the alleged offender from 2367
the complainant, alleged victim, or family or household member to 2368
enter the residence, school, business, or place of employment or 2369
by the alleged offender's entry into one of those places otherwise 2370
upon the consent of the complainant, alleged victim, or family or 2371
household member.2372

       (b) Division (C)(2)(a) of this section does not limit any 2373
discretion of a court to determine that an alleged offender 2374
charged with a violation of section 2919.27 of the Revised Code, 2375
with a violation of a municipal ordinance substantially equivalent 2376
to that section, or with contempt of court, which charge is based 2377
on an alleged violation of a temporary protection order issued 2378
under this section, did not commit the violation or was not in 2379
contempt of court.2380

       (D)(1) Upon the filing of a complaint that alleges a 2381
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the 2382
Revised Code if the alleged victim of the violation was a family 2383
or household member at the time of the violation, a violation of a 2384
municipal ordinance that is substantially similar to any of those 2385
sections if the alleged victim of the violation was a family or 2386
household member at the time of the violation, any offense of 2387
violence if the alleged victim of the offense was a family or 2388
household member at the time of the commission of the offense, or 2389
any sexually oriented offense if the alleged victim of the offense 2390
was a family or household member at the time of the commission of 2391
the offense, the court, upon its own motion, may issue a temporary 2392
protection order as a pretrial condition of release if it finds 2393
that the safety and protection of the complainant, alleged victim, 2394
or other family or household member of the alleged offender may be 2395
impaired by the continued presence of the alleged offender.2396

       (2) If the court issues a temporary protection order under 2397
this section as an ex parte order, it shall conduct, as soon as 2398
possible after the issuance of the order, a hearing in the 2399
presence of the alleged offender not later than the next day on 2400
which the court is scheduled to conduct business after the day on 2401
which the alleged offender was arrested or at the time of the 2402
appearance of the alleged offender pursuant to summons to 2403
determine whether the order should remain in effect, be modified, 2404
or be revoked. The hearing shall be conducted under the standards 2405
set forth in division (C) of this section.2406

       (3) An order issued under this section shall contain only 2407
those terms authorized in orders issued under division (C) of this 2408
section.2409

       (4) If a municipal court or a county court issues a temporary 2410
protection order under this section and if, subsequent to the 2411
issuance of the order, the alleged offender who is the subject of 2412
the order is bound over to the court of common pleas for 2413
prosecution of a felony arising out of the same activities as 2414
those that were the basis of the complaint upon which the order is 2415
based, notwithstanding the fact that the order was issued by a 2416
municipal court or county court, the order shall remain in effect, 2417
as though it were an order of the court of common pleas, while the 2418
charges against the alleged offender are pending in the court of 2419
common pleas, for the period of time described in division (E)(2) 2420
of this section, and the court of common pleas has exclusive 2421
jurisdiction to modify the order issued by the municipal court or 2422
county court. This division applies when the alleged offender is 2423
bound over to the court of common pleas as a result of the person 2424
waiving a preliminary hearing on the felony charge, as a result of 2425
the municipal court or county court having determined at a 2426
preliminary hearing that there is probable cause to believe that 2427
the felony has been committed and that the alleged offender 2428
committed it, as a result of the alleged offender having been 2429
indicted for the felony, or in any other manner.2430

       (E) A temporary protection order that is issued as a pretrial 2431
condition of release under this section:2432

       (1) Is in addition to, but shall not be construed as a part 2433
of, any bail set under Criminal Rule 46;2434

       (2) Is effective only until the occurrence of either of the 2435
following:2436

       (a) The disposition, by the court that issued the order or, 2437
in the circumstances described in division (D)(4) of this section, 2438
by the court of common pleas to which the alleged offender is 2439
bound over for prosecution, of the criminal proceeding arising out 2440
of the complaint upon which the order is based;2441

       (b) The issuance of a protection order or the approval of a 2442
consent agreement, arising out of the same activities as those 2443
that were the basis of the complaint upon which the order is 2444
based, under section 3113.31 of the Revised Code;2445

       (3) Shall not be construed as a finding that the alleged 2446
offender committed the alleged offense, and shall not be 2447
introduced as evidence of the commission of the offense at the 2448
trial of the alleged offender on the complaint upon which the 2449
order is based.2450

       (F) A person who meets the criteria for bail under Criminal 2451
Rule 46 and who, if required to do so pursuant to that rule, 2452
executes or posts bond or deposits cash or securities as bail, 2453
shall not be held in custody pending a hearing before the court on 2454
a motion requesting a temporary protection order.2455

       (G)(1) A copy of any temporary protection order that is 2456
issued under this section shall be issued by the court to the 2457
complainant, to the alleged victim, to the person who requested 2458
the order, to the defendant, and to all law enforcement agencies 2459
that have jurisdiction to enforce the order. The court shall 2460
direct that a copy of the order be delivered to the defendant on 2461
the same day that the order is entered. If a municipal court or a 2462
county court issues a temporary protection order under this 2463
section and if, subsequent to the issuance of the order, the 2464
defendant who is the subject of the order is bound over to the 2465
court of common pleas for prosecution as described in division 2466
(D)(4) of this section, the municipal court or county court shall 2467
direct that a copy of the order be delivered to the court of 2468
common pleas to which the defendant is bound over.2469

       (2) Upon the issuance of a protection order under this 2470
section, the court shall provide the parties to the order with the 2471
following notice orally or by form:2472

"NOTICE
2473

       If you are convicted of a misdemeanor crime involving 2474
violence in which you are or were a spouse, intimate partner, 2475
parent, or guardian of the victim or are or were involved in 2476
another, similar relationship with the victimAs a result of this 2477
protection order, it may be unlawful for you to possess or 2478
purchase a firearm, including a rifle, pistol, or revolver, or 2479
ammunition pursuant to federal law under 18 U.S.C. 922(g)(9)(8). 2480
If you have any questions whether this law makes it illegal for 2481
you to possess or purchase a firearm or ammunition, you should 2482
consult an attorney."2483

       (3) All law enforcement agencies shall establish and maintain 2484
an index for the temporary protection orders delivered to the 2485
agencies pursuant to division (G)(1) of this section. With respect 2486
to each order delivered, each agency shall note on the index, the 2487
date and time of the receipt of the order by the agency.2488

       (4) A complainant, alleged victim, or other person who 2489
obtains a temporary protection order under this section may 2490
provide notice of the issuance of the temporary protection order 2491
to the judicial and law enforcement officials in any county other 2492
than the county in which the order is issued by registering that 2493
order in the other county in accordance with division (N) of 2494
section 3113.31 of the Revised Code and filing a copy of the 2495
registered protection order with a law enforcement agency in the 2496
other county in accordance with that division.2497

       (5) Any officer of a law enforcement agency shall enforce a 2498
temporary protection order issued by any court in this state in 2499
accordance with the provisions of the order, including removing 2500
the defendant from the premises, regardless of whether the order 2501
is registered in the county in which the officer's agency has 2502
jurisdiction as authorized by division (G)(4) of this section.2503

       (H) Upon a violation of a temporary protection order, the 2504
court may issue another temporary protection order, as a pretrial 2505
condition of release, that modifies the terms of the order that 2506
was violated.2507

       (I)(1) As used in divisions (I)(1) and (2) of this section, 2508
"defendant" means a person who is alleged in a complaint to have 2509
committed a violation, offense of violence, or sexually oriented 2510
offense of the type described in division (A) of this section.2511

       (2) If a complaint is filed that alleges that a person 2512
committed a violation, offense of violence, or sexually oriented 2513
offense of the type described in division (A) of this section, the 2514
court may not issue a temporary protection order under this 2515
section that requires the complainant, the alleged victim, or 2516
another family or household member of the defendant to do or 2517
refrain from doing an act that the court may require the defendant 2518
to do or refrain from doing under a temporary protection order 2519
unless both of the following apply:2520

       (a) The defendant has filed a separate complaint that alleges 2521
that the complainant, alleged victim, or other family or household 2522
member in question who would be required under the order to do or 2523
refrain from doing the act committed a violation or offense of 2524
violence of the type described in division (A) of this section.2525

       (b) The court determines that both the complainant, alleged 2526
victim, or other family or household member in question who would 2527
be required under the order to do or refrain from doing the act 2528
and the defendant acted primarily as aggressors, that neither the 2529
complainant, alleged victim, or other family or household member 2530
in question who would be required under the order to do or refrain 2531
from doing the act nor the defendant acted primarily in 2532
self-defense, and, in accordance with the standards and criteria 2533
of this section as applied in relation to the separate complaint 2534
filed by the defendant, that it should issue the order to require 2535
the complainant, alleged victim, or other family or household 2536
member in question to do or refrain from doing the act.2537

       (J) Notwithstanding any provision of law to the contrary and 2538
regardless of whether a protection order is issued or a consent 2539
agreement is approved by a court of another county or a court of 2540
another state, no court or unit of state or local government shall 2541
charge any fee, cost, deposit, or money in connection with the 2542
filing of a motion pursuant to this section, in connection with 2543
the filing, issuance, registration, or service of a protection 2544
order or consent agreement, or for obtaining a certified copy of a 2545
protection order or consent agreement.2546

       (K) As used in this section:2547

       (1) "Sexually oriented offense" has the same meaning as in 2548
section 2950.01 of the Revised Code.2549

       (2) "Victim advocate" means a person who provides support and 2550
assistance for a victim of an offense during court proceedings.2551

       Sec. 3105.171.  (A) As used in this section:2552

       (1) "Distributive award" means any payment or payments, in 2553
real or personal property, that are payable in a lump sum or over 2554
time, in fixed amounts, that are made from separate property or 2555
income, and that are not made from marital property and do not 2556
constitute payments of spousal support, as defined in section 2557
3105.18 of the Revised Code.2558

       (2) "During the marriage" means whichever of the following is 2559
applicable:2560

       (a) Except as provided in division (A)(2)(b) of this section, 2561
the period of time from the date of the marriage through the date 2562
of the final hearing in an action for divorce or in an action for 2563
legal separation;2564

       (b) If the court determines that the use of either or both of 2565
the dates specified in division (A)(2)(a) of this section would be 2566
inequitable, the court may select dates that it considers 2567
equitable in determining marital property. If the court selects 2568
dates that it considers equitable in determining marital property, 2569
"during the marriage" means the period of time between those dates 2570
selected and specified by the court.2571

       (3)(a) "Marital property" means, subject to division 2572
(A)(3)(b) of this section, all of the following:2573

       (i) All real and personal property that currently is owned by 2574
either or both of the spouses, including, but not limited to, the 2575
retirement benefits of the spouses, and that was acquired by 2576
either or both of the spouses during the marriage;2577

       (ii) All interest that either or both of the spouses 2578
currently has in any real or personal property, including, but not 2579
limited to, the retirement benefits of the spouses, and that was 2580
acquired by either or both of the spouses during the marriage;2581

       (iii) Except as otherwise provided in this section, all 2582
income and appreciation on separate property, due to the labor, 2583
monetary, or in-kind contribution of either or both of the spouses 2584
that occurred during the marriage;2585

       (iv) A participant account, as defined in section 148.01 of 2586
the Revised Code, of either of the spouses, to the extent of the 2587
following: the moneys that have been deferred by a continuing 2588
member or participating employee, as defined in that section, and 2589
that have been transmitted to the Ohio public employees deferred 2590
compensation board during the marriage and any income that is 2591
derived from the investment of those moneys during the marriage; 2592
the moneys that have been deferred by an officer or employee of a 2593
municipal corporation and that have been transmitted to the 2594
governing board, administrator, depository, or trustee of the 2595
deferred compensation program of the municipal corporation during 2596
the marriage and any income that is derived from the investment of 2597
those moneys during the marriage; or the moneys that have been 2598
deferred by an officer or employee of a government unit, as 2599
defined in section 148.06 of the Revised Code, and that have been 2600
transmitted to the governing board, as defined in that section, 2601
during the marriage and any income that is derived from the 2602
investment of those moneys during the marriage.2603

       (b) "Marital property" does not include any separate 2604
property.2605

       (4) "Passive income" means income acquired other than as a 2606
result of the labor, monetary, or in-kind contribution of either 2607
spouse.2608

       (5) "Personal property" includes both tangible and intangible 2609
personal property.2610

       (6)(a) "Separate property" means all real and personal 2611
property and any interest in real or personal property that is 2612
found by the court to be any of the following:2613

       (i) An inheritance by one spouse by bequest, devise, or 2614
descent during the course of the marriage;2615

       (ii) Any real or personal property or interest in real or 2616
personal property that was acquired by one spouse prior to the 2617
date of the marriage;2618

       (iii) Passive income and appreciation acquired from separate 2619
property by one spouse during the marriage;2620

       (iv) Any real or personal property or interest in real or 2621
personal property acquired by one spouse after a decree of legal 2622
separation issued under section 3105.17 of the Revised Code;2623

       (v) Any real or personal property or interest in real or 2624
personal property that is excluded by a valid antenuptial 2625
agreement;2626

       (vi) Compensation to a spouse for the spouse's personal 2627
injury, except for loss of marital earnings and compensation for 2628
expenses paid from marital assets;2629

       (vii) Any gift of any real or personal property or of an 2630
interest in real or personal property that is made after the date 2631
of the marriage and that is proven by clear and convincing 2632
evidence to have been given to only one spouse.2633

       (b) The commingling of separate property with other property 2634
of any type does not destroy the identity of the separate property 2635
as separate property, except when the separate property is not 2636
traceable.2637

       (B) In divorce proceedings, the court shall, and in legal 2638
separation proceedings upon the request of either spouse, the 2639
court may, determine what constitutes marital property and what 2640
constitutes separate property. In either case, upon making such a 2641
determination, the court shall divide the marital and separate 2642
property equitably between the spouses, in accordance with this 2643
section. For purposes of this section, the court has jurisdiction 2644
over all property, excluding the social security benefits of a 2645
spouse other than as set forth in division (F)(9) of this section, 2646
in which one or both spouses have an interest.2647

       (C)(1) Except as provided in this division or division (E) of 2648
this section, the division of marital property shall be equal. If 2649
an equal division of marital property would be inequitable, the 2650
court shall not divide the marital property equally but instead 2651
shall divide it between the spouses in the manner the court 2652
determines equitable. In making a division of marital property, 2653
the court shall consider all relevant factors, including those set 2654
forth in division (F) of this section.2655

       (2) Each spouse shall be considered to have contributed 2656
equally to the production and acquisition of marital property.2657

       (3) The court shall provide for an equitable division of 2658
marital property under this section prior to making any award of 2659
spousal support to either spouse under section 3105.18 of the 2660
Revised Code and without regard to any spousal support so awarded.2661

       (4) If the marital property includes a participant account, 2662
as defined in section 148.01 of the Revised Code, the court shall 2663
not order the division or disbursement of the moneys and income 2664
described in division (A)(3)(a)(iv) of this section to occur in a 2665
manner that is inconsistent with the law, rules, or plan governing 2666
the deferred compensation program involved or prior to the time 2667
that the spouse in whose name the participant account is 2668
maintained commences receipt of the moneys and income credited to 2669
the account in accordance with that law, rules, and plan.2670

       (D) Except as otherwise provided in division (E) of this 2671
section or by another provision of this section, the court shall 2672
disburse a spouse's separate property to that spouse. If a court 2673
does not disburse a spouse's separate property to that spouse, the 2674
court shall make written findings of fact that explain the factors 2675
that it considered in making its determination that the spouse's 2676
separate property should not be disbursed to that spouse.2677

       (E)(1) The court may make a distributive award to facilitate, 2678
effectuate, or supplement a division of marital property. The 2679
court may require any distributive award to be secured by a lien 2680
on the payor's specific marital property or separate property.2681

       (2) The court may make a distributive award in lieu of a 2682
division of marital property in order to achieve equity between 2683
the spouses, if the court determines that a division of the 2684
marital property in kind or in money would be impractical or 2685
burdensome.2686

       (3) The court shall require each spouse to disclose in a full 2687
and complete manner all marital property, separate property, and 2688
other assets, debts, income, and expenses of the spouse.2689

       (4) If a spouse has engaged in financial misconduct, 2690
including, but not limited to, the dissipation, destruction, 2691
concealment, nondisclosure, or fraudulent disposition of assets, 2692
the court may compensate the offended spouse with a distributive 2693
award or with a greater award of marital property.2694

       (5) If a spouse has substantially and willfully failed to 12 2695
disclose marital property, separate property, or other assets, 13 2696
debts, income, or expenses as required under division (E)(3) of 14 2697
this section, the court may compensate the offended spouse with 15 2698
a distributive award or with a greater award of marital property 2699
16 not to exceed three times the value of the marital property, 17 2700
separate property, or other assets, debts, income, or expenses 18 2701
that are not disclosed by the other spouse.2702

       (F) In making a division of marital property and in 2703
determining whether to make and the amount of any distributive 2704
award under this section, the court shall consider all of the 2705
following factors:2706

       (1) The duration of the marriage;2707

       (2) The assets and liabilities of the spouses;2708

       (3) The desirability of awarding the family home, or the 2709
right to reside in the family home for reasonable periods of time, 2710
to the spouse with custody of the children of the marriage;2711

       (4) The liquidity of the property to be distributed;2712

       (5) The economic desirability of retaining intact an asset or 2713
an interest in an asset;2714

       (6) The tax consequences of the property division upon the 2715
respective awards to be made to each spouse;2716

       (7) The costs of sale, if it is necessary that an asset be 2717
sold to effectuate an equitable distribution of property;2718

       (8) Any division or disbursement of property made in a 2719
separation agreement that was voluntarily entered into by the 2720
spouses;2721

       (9) Any retirement benefits of the spouses, excluding the 2722
social security benefits of a spouse except as may be relevant for 2723
purposes of dividing a public pension;2724

       (10) Any other factor that the court expressly finds to be 2725
relevant and equitable.2726

       (G) In any order for the division or disbursement of property 2727
or a distributive award made pursuant to this section, the court 2728
shall make written findings of fact that support the determination 2729
that the marital property has been equitably divided and shall 2730
specify the dates it used in determining the meaning of "during 2731
the marriage."2732

       (H) Except as otherwise provided in this section, the holding 2733
of title to property by one spouse individually or by both spouses 2734
in a form of co-ownership does not determine whether the property 2735
is marital property or separate property.2736

       (I) A division or disbursement of property or a distributive 2737
award made under this section is not subject to future 2738
modification by the court except upon the express written consent 2739
or agreement to the modification by both spouses.2740

       (J) The court may issue any orders under this section that it 2741
determines equitable, including, but not limited to, either of the 2742
following types of orders:2743

       (1) An order granting a spouse the right to use the marital 2744
dwelling or any other marital property or separate property for 2745
any reasonable period of time;2746

       (2) An order requiring the sale or encumbrancing of any real 2747
or personal property, with the proceeds from the sale and the 2748
funds from any loan secured by the encumbrance to be applied as 2749
determined by the court.2750

       Sec. 3105.63.  (A)(1) A petition for dissolution of marriage 2751
shall be signed by both spouses and shall have attached and 2752
incorporated a separation agreement agreed to by both spouses. The 2753
separation agreement shall provide for a division of all property; 2754
spousal support; if there are minor children of the marriage, the 2755
allocation of parental rights and responsibilities for the care of 2756
the minor children, the designation of a residential parent and 2757
legal custodian of the minor children, child support, and 2758
parenting time rights; and, if the spouses so desire, an 2759
authorization for the court to modify the amount or terms of 2760
spousal support, or the division of property, provided in the 2761
separation agreement. If there are minor children of the marriage, 2762
the spouses may address the allocation of the parental rights and 2763
responsibilities for the care of the minor children by including 2764
in the separation agreement a plan under which both parents will 2765
have shared rights and responsibilities for the care of the minor 2766
children. The spouses shall file the plan with the petition for 2767
dissolution of marriage and shall include in the plan the 2768
provisions described in division (G) of section 3109.04 of the 2769
Revised Code. 2770

       (2) The division of property in the separation agreement 2771
shall include any participant account, as defined in section 2772
148.01 of the Revised Code, of either of the spouses, to the 2773
extent of the following: 2774

       (a) The moneys that have been deferred by a continuing member 2775
or participating employee, as defined in that section, and that 2776
have been transmitted to the Ohio public employees deferred 2777
compensation board during the marriage and any income that is 2778
derived from the investment of those moneys during the marriage; 2779

       (b) The moneys that have been deferred by an officer or 2780
employee of a municipal corporation and that have been transmitted 2781
to the governing board, administrator, depository, or trustee of 2782
the deferred compensation program of the municipal corporation 2783
during the marriage and any income that is derived from the 2784
investment of those moneys during the marriage; 2785

       (c) The moneys that have been deferred by an officer or 2786
employee of a government unit, as defined in section 148.06 of the 2787
Revised Code, and that have been transmitted to the governing 2788
board, as defined in that section, during the marriage and any 2789
income that is derived from the investment of those moneys during 2790
the marriage. 2791

       (3) The separation agreement shall not require or permit the 2792
division or disbursement of the moneys and income described in 2793
division (A)(2) of this section to occur in a manner that is 2794
inconsistent with the law, rules, or plan governing the deferred 2795
compensation program involved or prior to the time that the spouse 2796
in whose name the participant account is maintained commences 2797
receipt of the moneys and income credited to the account in 2798
accordance with that law, rules, and plan. 2799

       (B) An amended separation agreement may be filed at any time 2800
prior to or during the hearing on the petition for dissolution of 2801
marriage. Upon receipt of a petition for dissolution of marriage, 2802
the court may cause an investigation to be made pursuant to the 2803
Rules of Civil Procedure. 2804

       (C)(1) If a petition for dissolution of marriage contains an 2805
authorization for the court to modify the amount or terms of 2806
spousal support provided in the separation agreement, the 2807
modification shall be in accordance with section 3105.18 of the 2808
Revised Code. 2809

       (2) If a petition for dissolution of marriage contains an 2810
authorization for the court to modify the division of property 2811
provided in the separation agreement, the modification shall be 2812
made with the express written consent or agreement of both 2813
spouses.2814

       Sec. 3105.65.  (A) If, at the time of the hearing, either 2815
spouse is not satisfied with the separation agreement or does not 2816
wish a dissolution of the marriage and if neither spouse files a 2817
motion pursuant to division (C) of this section to convert the 2818
action to an action for divorce, the court shall dismiss the 2819
petition and refuse to validate the proposed separation agreement. 2820

       (B) If, upon review of the testimony of both spouses and of 2821
the report of the investigator pursuant to the Rules of Civil 2822
Procedure, the court approves the separation agreement and any 2823
amendments to it agreed upon by the parties, it shall grant a 2824
decree of dissolution of marriage that incorporates the separation 2825
agreement. If the separation agreement contains a plan for the 2826
exercise of shared parenting by the spouses, the court shall 2827
review the plan in accordance with the provisions of division 2828
(D)(1) of section 3109.04 of the Revised Code that govern the 2829
review of a pleading or motion requesting shared parenting jointly 2830
submitted by both spouses to a marriage. A decree of dissolution 2831
of marriage has the same effect upon the property rights of the 2832
parties, including rights of dower and inheritance, as a decree of 2833
divorce. The court has full power to enforce its decree and 2834
retains jurisdiction to modify all matters pertaining to the 2835
allocation of parental rights and responsibilities for the care of 2836
the children, to the designation fof a residential parent and 2837
legal custodian of the children, to child support, to parenting 2838
time of parents with the children, and to visitation for persons 2839
who are not the children's parents. The court, only in accordance 2840
with division (E)(2) of section 3105.18 of the Revised Code, may 2841
modify the amount or terms of spousal support. The court may 2842
modify the division of property provided in the separation 2843
agreement only upon the express written consent or agreement of 2844
both spouses.2845

       (C) At any time before a decree of dissolution of marriage 2846
has been granted under division (B) of this section, either spouse 2847
may convert the action for dissolution of marriage into a divorce 2848
action by filing a motion with the court in which the action for 2849
dissolution of marriage is pending for conversion of the action 2850
for dissolution of marriage. The motion shall contain a complaint 2851
for divorce that contains grounds for a divorce and that otherwise 2852
complies with the Rules of Civil Procedure and this chapter. The 2853
divorce action then shall proceed in accordance with the Rules of 2854
Civil Procedure in the same manner as if the motion had been the 2855
original complaint in the action, including, but not limited to, 2856
the issuance and service of summons pursuant to Civil Rules 4 to 2857
4.6, except that no court fees shall be charged upon conversion of 2858
the action for dissolution of marriage into a divorce action under 2859
this division.2860

       Section 2. That existing sections 124.81, 1901.01, 1901.02, 2861
1901.03, 1901.07, 1901.08, 1901.31, 1901.312, 1901.32, 1901.34, 2862
1907.11, 1907.18, 1907.26, 2903.213, 2919.26, 3105.171, 3105.63, 2863
and 3105.65 of the Revised Code are hereby repealed.2864

       Section 3. (A) Effective January 1, 2011, the Putnam County 2865
County Court is abolished.2866

       (B) All causes, executions, and other proceedings pending in 2867
the Putnam County County Court at the close of business on 2868
December 31, 2010, shall be transferred to and proceed in the 2869
Putnam County Municipal Court on January 1, 2011, as if originally 2870
instituted in the Putnam County Municipal Court. Parties to those 2871
causes, judgments, executions, and proceedings may make any 2872
amendments to their pleadings that are required to conform them to 2873
the rules of the Putnam County Municipal Court. The Clerk of the 2874
Putnam County County Court or other custodian shall transfer to 2875
the Putnam County Municipal Court all pleadings, orders, entries, 2876
dockets, bonds, papers, records, books, exhibits, files, moneys, 2877
property, and persons that belong to, are in the possession of, or 2878
are subject to the jurisdiction of the Putnam County County Court, 2879
or any officer of that court, at the close of business on December 2880
31, 2010, and that pertain to those causes, judgments, executions, 2881
and proceedings.2882

       (C) All employees of the Putnam County County Court shall be 2883
transferred to and shall become employees of the Putnam County 2884
Municipal Court on January 1, 2011.2885

       (D) Effective January 1, 2011, the part-time judgeship in the 2886
Putnam County County Court is abolished.2887

       Section 4. Sections 1901.01, 1901.02, 1901.03, 1901.07, 2888
1901.08, 1901.31, 1901.312, 1901.32, 1901.34, and 1907.11 of the 2889
Revised Code, as amended by this act, shall take effect January 1, 2890
2011.2891

       Section 5.  Section 1901.31 of the Revised Code is presented 2892
in this act as a composite of the section as amended by both Am. 2893
Sub. H.B. 420 of the 127th General Assembly and Am. Sub. H.B. 1 of 2894
the 128th General Assembly. The General Assembly, applying the 2895
principle stated in division (B) of section 1.52 of the Revised 2896
Code that amendments are to be harmonized if reasonably capable of 2897
simultaneous operation, finds that the composite is the resulting 2898
version of the section in effect prior to the effective date of 2899
the section as presented in this act.2900