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To amend sections 1901.01, 1901.02, 1901.03, 1901.07, | 1 |
1901.08, 1901.31, 1901.312, 1901.32, 1901.34, and | 2 |
1907.11 and to enact section 4510.73 of the | 3 |
Revised Code to allow, in certain circumstances, | 4 |
all issues concerning a person's driver's license | 5 |
to be litigated in a single court, to create the | 6 |
Putnam County Municipal Court in Ottawa on January | 7 |
1, 2011, to establish one full-time judgeship in | 8 |
that court, to provide for the nomination of the | 9 |
judge by petition only, to abolish the Putnam | 10 |
County County Court on that date, to designate the | 11 |
Putnam County Clerk of Courts as the clerk of the | 12 |
Putnam County Municipal Court, to provide for the | 13 |
election for the Putnam County Municipal Court of | 14 |
one full-time judge in 2011, and to make deputy | 15 |
sheriffs and members of a township or joint | 16 |
township police force ex officio deputy bailiffs | 17 |
of municipal courts. | 18 |
Section 1. That sections 1901.01, 1901.02, 1901.03, 1901.07, | 19 |
1901.08, 1901.31, 1901.312, 1901.32, 1901.34, and 1907.11 be | 20 |
amended and section 4510.73 of the Revised Code be enacted to read | 21 |
as follows: | 22 |
Sec. 1901.01. (A) There is hereby established a municipal | 23 |
court in each of the following municipal corporations: | 24 |
Akron, Alliance, Ashland, Ashtabula, Athens, Avon Lake, | 25 |
Barberton, Bedford, Bellefontaine, Bellevue, Berea, Bowling Green, | 26 |
Bryan, Bucyrus, Cambridge, Campbell, Canton, Carrollton, Celina, | 27 |
Chardon, Chesapeake, Chillicothe, Cincinnati, Circleville, | 28 |
Cleveland, Cleveland Heights, Columbus, Conneaut, Coshocton, | 29 |
Cuyahoga Falls, Dayton, Defiance, Delaware, East Cleveland, East | 30 |
Liverpool, Eaton, Elyria, Euclid, Fairborn, Fairfield, Findlay, | 31 |
Fostoria, Franklin, Fremont, Gallipolis, Garfield Heights, | 32 |
Georgetown, Girard, Greenville, Hamilton, Hillsboro, Huron, | 33 |
Ironton, Jackson, Kenton, Kettering, Lakewood, Lancaster, Lebanon, | 34 |
Lima, Logan, London, Lorain, Lyndhurst, Mansfield, Marietta, | 35 |
Marion, Marysville, Mason, Massillon, Maumee, Medina, Mentor, | 36 |
Miamisburg, Middletown, Millersburg, Mount Gilead, Mount Vernon, | 37 |
Napoleon, Newark, New Philadelphia, Newton Falls, Niles, Norwalk, | 38 |
Oakwood, Oberlin, Oregon, Ottawa, Painesville, Parma, Perrysburg, | 39 |
Port Clinton, Portsmouth, Ravenna, Rocky River, Sandusky, Shaker | 40 |
Heights, Shelby, Sidney, South Euclid, Springfield, Steubenville, | 41 |
Struthers, Sylvania, Tiffin, Toledo, Troy, Upper Sandusky, Urbana, | 42 |
Vandalia, Van Wert, Vermilion, Wadsworth, Wapakoneta, Warren, City | 43 |
of Washington in Fayette county, to be known as Washington Court | 44 |
House, Willoughby, Wilmington, Wooster, Xenia, Youngstown, and | 45 |
Zanesville. | 46 |
(B) There is hereby established a municipal court within | 47 |
Clermont county in Batavia or in any other municipal corporation | 48 |
or unincorporated territory within Clermont county that is | 49 |
selected by the legislative authority of the Clermont county | 50 |
municipal court. The municipal court established by this division | 51 |
is a continuation of the municipal court previously established in | 52 |
Batavia by this section before the enactment of this division. | 53 |
(C) There is hereby established a municipal court within | 54 |
Columbiana county in Lisbon or in any other municipal corporation | 55 |
or unincorporated territory within Columbiana county, except the | 56 |
municipal corporation of East Liverpool or Liverpool or St. Clair | 57 |
township, that is selected by the judges of the municipal court | 58 |
pursuant to division (I) of section 1901.021 of the Revised Code. | 59 |
(D) Effective January 1, 2008, there is hereby established a | 60 |
municipal court within Erie county in Milan or in any other | 61 |
municipal corporation or unincorporated territory within Erie | 62 |
county that is within the territorial jurisdiction of the Erie | 63 |
county municipal court and is selected by the legislative | 64 |
authority of that court. | 65 |
(E) The Cuyahoga Falls municipal court shall remain in | 66 |
existence until December 31, 2008, and shall be replaced by the | 67 |
Stow municipal court on January 1, 2009. | 68 |
(F) Effective January 1, 2009, there is hereby established a | 69 |
municipal court in the municipal corporation of Stow. | 70 |
Sec. 1901.02. (A) The municipal courts established by | 71 |
section 1901.01 of the Revised Code have jurisdiction within the | 72 |
corporate limits of their respective municipal corporations, or, | 73 |
for the Clermont county municipal court, the Columbiana county | 74 |
municipal court, and, effective January 1, 2008, the Erie county | 75 |
municipal court, within the municipal corporation or | 76 |
unincorporated territory in which they are established, and are | 77 |
courts of record. Each of the courts shall be styled | 78 |
".................................. municipal court," inserting | 79 |
the name of the municipal corporation, except the following | 80 |
courts, which shall be styled as set forth below: | 81 |
(1) The municipal court established in Chesapeake that shall | 82 |
be styled and known as the "Lawrence county municipal court"; | 83 |
(2) The municipal court established in Cincinnati that shall | 84 |
be styled and known as the "Hamilton county municipal court"; | 85 |
(3) The municipal court established in Ravenna that shall be | 86 |
styled and known as the "Portage county municipal court"; | 87 |
(4) The municipal court established in Athens that shall be | 88 |
styled and known as the "Athens county municipal court"; | 89 |
(5) The municipal court established in Columbus that shall be | 90 |
styled and known as the "Franklin county municipal court"; | 91 |
(6) The municipal court established in London that shall be | 92 |
styled and known as the "Madison county municipal court"; | 93 |
(7) The municipal court established in Newark that shall be | 94 |
styled and known as the "Licking county municipal court"; | 95 |
(8) The municipal court established in Wooster that shall be | 96 |
styled and known as the "Wayne county municipal court"; | 97 |
(9) The municipal court established in Wapakoneta that shall | 98 |
be styled and known as the "Auglaize county municipal court"; | 99 |
(10) The municipal court established in Troy that shall be | 100 |
styled and known as the "Miami county municipal court"; | 101 |
(11) The municipal court established in Bucyrus that shall be | 102 |
styled and known as the "Crawford county municipal court"; | 103 |
(12) The municipal court established in Logan that shall be | 104 |
styled and known as the "Hocking county municipal court"; | 105 |
(13) The municipal court established in Urbana that shall be | 106 |
styled and known as the "Champaign county municipal court"; | 107 |
(14) The municipal court established in Jackson that shall be | 108 |
styled and known as the "Jackson county municipal court"; | 109 |
(15) The municipal court established in Springfield that | 110 |
shall be styled and known as the "Clark county municipal court"; | 111 |
(16) The municipal court established in Kenton that shall be | 112 |
styled and known as the "Hardin county municipal court"; | 113 |
(17) The municipal court established within Clermont county | 114 |
in Batavia or in any other municipal corporation or unincorporated | 115 |
territory within Clermont county that is selected by the | 116 |
legislative authority of that court that shall be styled and known | 117 |
as the "Clermont county municipal court"; | 118 |
(18) The municipal court established in Wilmington that, | 119 |
beginning July 1, 1992, shall be styled and known as the "Clinton | 120 |
county municipal court"; | 121 |
(19) The municipal court established in Port Clinton that | 122 |
shall be styled and known as "the Ottawa county municipal court"; | 123 |
(20) The municipal court established in Lancaster that, | 124 |
beginning January 2, 2000, shall be styled and known as the | 125 |
"Fairfield county municipal court"; | 126 |
(21) The municipal court established within Columbiana county | 127 |
in Lisbon or in any other municipal corporation or unincorporated | 128 |
territory selected pursuant to division (I) of section 1901.021 of | 129 |
the Revised Code, that shall be styled and known as the | 130 |
"Columbiana county municipal court"; | 131 |
(22) The municipal court established in Georgetown that, | 132 |
beginning February 9, 2003, shall be styled and known as the | 133 |
"Brown county municipal court"; | 134 |
(23) The municipal court established in Mount Gilead that, | 135 |
beginning January 1, 2003, shall be styled and known as the | 136 |
"Morrow county municipal court"; | 137 |
(24) The municipal court established in Greenville that, | 138 |
beginning January 1, 2005, shall be styled and known as the "Darke | 139 |
county municipal court"; | 140 |
(25) The municipal court established in Millersburg that, | 141 |
beginning January 1, 2007, shall be styled and known as the | 142 |
"Holmes county municipal court"; | 143 |
(26) The municipal court established in Carrollton that, | 144 |
beginning January 1, 2007, shall be styled and known as the | 145 |
"Carroll county municipal court"; | 146 |
(27) The municipal court established within Erie county in | 147 |
Milan or established in any other municipal corporation or | 148 |
unincorporated territory that is within Erie county, is within the | 149 |
territorial jurisdiction of that court, and is selected by the | 150 |
legislative authority of that court that, beginning January 1, | 151 |
2008, shall be styled and known as the "Erie county municipal | 152 |
court." | 153 |
(28) The municipal court established in Ottawa that, | 154 |
beginning January 1, 2011, shall be styled and known as the | 155 |
"Putnam county municipal court." | 156 |
(B) In addition to the jurisdiction set forth in division (A) | 157 |
of this section, the municipal courts established by section | 158 |
1901.01 of the Revised Code have jurisdiction as follows: | 159 |
The Akron municipal court has jurisdiction within Bath, | 160 |
Richfield, and Springfield townships, and within the municipal | 161 |
corporations of Fairlawn, Lakemore, and Mogadore, in Summit | 162 |
county. | 163 |
The Alliance municipal court has jurisdiction within | 164 |
Lexington, Marlboro, Paris, and Washington townships in Stark | 165 |
county. | 166 |
The Ashland municipal court has jurisdiction within Ashland | 167 |
county. | 168 |
The Ashtabula municipal court has jurisdiction within | 169 |
Ashtabula, Plymouth, and Saybrook townships in Ashtabula county. | 170 |
The Athens county municipal court has jurisdiction within | 171 |
Athens county. | 172 |
The Auglaize county municipal court has jurisdiction within | 173 |
Auglaize county. | 174 |
The Avon Lake municipal court has jurisdiction within the | 175 |
municipal corporations of Avon and Sheffield in Lorain county. | 176 |
The Barberton municipal court has jurisdiction within | 177 |
Coventry, Franklin, and Green townships, within all of Copley | 178 |
township except within the municipal corporation of Fairlawn, and | 179 |
within the municipal corporations of Clinton and Norton, in Summit | 180 |
county. | 181 |
The Bedford municipal court has jurisdiction within the | 182 |
municipal corporations of Bedford Heights, Oakwood, Glenwillow, | 183 |
Solon, Bentleyville, Chagrin Falls, Moreland Hills, Orange, | 184 |
Warrensville Heights, North Randall, and Woodmere, and within | 185 |
Warrensville and Chagrin Falls townships, in Cuyahoga county. | 186 |
The Bellefontaine municipal court has jurisdiction within | 187 |
Logan county. | 188 |
The Bellevue municipal court has jurisdiction within Lyme and | 189 |
Sherman townships in Huron county and within York township in | 190 |
Sandusky county. | 191 |
The Berea municipal court has jurisdiction within the | 192 |
municipal corporations of Strongsville, Middleburgh Heights, Brook | 193 |
Park, Westview, and Olmsted Falls, and within Olmsted township, in | 194 |
Cuyahoga county. | 195 |
The Bowling Green municipal court has jurisdiction within the | 196 |
municipal corporations of Bairdstown, Bloomdale, Bradner, Custar, | 197 |
Cygnet, Grand Rapids, Haskins, Hoytville, Jerry City, Milton | 198 |
Center, North Baltimore, Pemberville, Portage, Rising Sun, | 199 |
Tontogany, Wayne, and Weston, and within Bloom, Center, Freedom, | 200 |
Grand Rapids, Henry, Jackson, Liberty, Middleton, Milton, | 201 |
Montgomery, Plain, Portage, Washington, Webster, and Weston | 202 |
townships in Wood county. | 203 |
Beginning February 9, 2003, the Brown county municipal court | 204 |
has jurisdiction within Brown county. | 205 |
The Bryan municipal court has jurisdiction within Williams | 206 |
county. | 207 |
The Cambridge municipal court has jurisdiction within | 208 |
Guernsey county. | 209 |
The Campbell municipal court has jurisdiction within | 210 |
Coitsville township in Mahoning county. | 211 |
The Canton municipal court has jurisdiction within Canton, | 212 |
Lake, Nimishillen, Osnaburg, Pike, Plain, and Sandy townships in | 213 |
Stark county. | 214 |
The Carroll county municipal court has jurisdiction within | 215 |
Carroll county. | 216 |
The Celina municipal court has jurisdiction within Mercer | 217 |
county. | 218 |
The Champaign county municipal court has jurisdiction within | 219 |
Champaign county. | 220 |
The Chardon municipal court has jurisdiction within Geauga | 221 |
county. | 222 |
The Chillicothe municipal court has jurisdiction within Ross | 223 |
county. | 224 |
The Circleville municipal court has jurisdiction within | 225 |
Pickaway county. | 226 |
The Clark county municipal court has jurisdiction within | 227 |
Clark county. | 228 |
The Clermont county municipal court has jurisdiction within | 229 |
Clermont county. | 230 |
The Cleveland municipal court has jurisdiction within the | 231 |
municipal corporation of Bratenahl in Cuyahoga county. | 232 |
Beginning July 1, 1992, the Clinton county municipal court | 233 |
has jurisdiction within Clinton county. | 234 |
The Columbiana county municipal court has jurisdiction within | 235 |
all of Columbiana county except within the municipal corporation | 236 |
of East Liverpool and except within Liverpool and St. Clair | 237 |
townships. | 238 |
The Coshocton municipal court has jurisdiction within | 239 |
Coshocton county. | 240 |
The Crawford county municipal court has jurisdiction within | 241 |
Crawford county. | 242 |
Until December 31, 2008, the Cuyahoga Falls municipal court | 243 |
has jurisdiction within Boston, Hudson, Northfield Center, | 244 |
Sagamore Hills, and Twinsburg townships, and within the municipal | 245 |
corporations of Boston Heights, Hudson, Munroe Falls, Northfield, | 246 |
Peninsula, Reminderville, Silver Lake, Stow, Tallmadge, Twinsburg, | 247 |
and Macedonia, in Summit county. | 248 |
Beginning January 1, 2005, the Darke county municipal court | 249 |
has jurisdiction within Darke county except within the municipal | 250 |
corporation of Bradford. | 251 |
The Defiance municipal court has jurisdiction within Defiance | 252 |
county. | 253 |
The Delaware municipal court has jurisdiction within Delaware | 254 |
county. | 255 |
The East Liverpool municipal court has jurisdiction within | 256 |
Liverpool and St. Clair townships in Columbiana county. | 257 |
The Eaton municipal court has jurisdiction within Preble | 258 |
county. | 259 |
The Elyria municipal court has jurisdiction within the | 260 |
municipal corporations of Grafton, LaGrange, and North Ridgeville, | 261 |
and within Elyria, Carlisle, Eaton, Columbia, Grafton, and | 262 |
LaGrange townships, in Lorain county. | 263 |
Beginning January 1, 2008, the Erie county municipal court | 264 |
has jurisdiction within Erie county except within the townships of | 265 |
Florence, Huron, Perkins, and Vermilion and the municipal | 266 |
corporations of Bay View, Castalia, Huron, Sandusky, and | 267 |
Vermilion. | 268 |
The Fairborn municipal court has jurisdiction within the | 269 |
municipal corporation of Beavercreek and within Bath and | 270 |
Beavercreek townships in Greene county. | 271 |
Beginning January 2, 2000, the Fairfield county municipal | 272 |
court has jurisdiction within Fairfield county. | 273 |
The Findlay municipal court has jurisdiction within all of | 274 |
Hancock county except within Washington township. | 275 |
The Fostoria municipal court has jurisdiction within Loudon | 276 |
and Jackson townships in Seneca county, within Washington township | 277 |
in Hancock county, and within Perry township in Wood county. | 278 |
The Franklin municipal court has jurisdiction within Franklin | 279 |
township in Warren county. | 280 |
The Franklin county municipal court has jurisdiction within | 281 |
Franklin county. | 282 |
The Fremont municipal court has jurisdiction within Ballville | 283 |
and Sandusky townships in Sandusky county. | 284 |
The Gallipolis municipal court has jurisdiction within Gallia | 285 |
county. | 286 |
The Garfield Heights municipal court has jurisdiction within | 287 |
the municipal corporations of Maple Heights, Walton Hills, Valley | 288 |
View, Cuyahoga Heights, Newburgh Heights, Independence, and | 289 |
Brecksville in Cuyahoga county. | 290 |
The Girard municipal court has jurisdiction within Liberty, | 291 |
Vienna, and Hubbard townships in Trumbull county. | 292 |
The Hamilton municipal court has jurisdiction within Ross and | 293 |
St. Clair townships in Butler county. | 294 |
The Hamilton county municipal court has jurisdiction within | 295 |
Hamilton county. | 296 |
The Hardin county municipal court has jurisdiction within | 297 |
Hardin county. | 298 |
The Hillsboro municipal court has jurisdiction within all of | 299 |
Highland county except within Madison township. | 300 |
The Hocking county municipal court has jurisdiction within | 301 |
Hocking county. | 302 |
The Holmes county municipal court has jurisdiction within | 303 |
Holmes county. | 304 |
The Huron municipal court has jurisdiction within all of | 305 |
Huron township in Erie county except within the municipal | 306 |
corporation of Sandusky. | 307 |
The Ironton municipal court has jurisdiction within Aid, | 308 |
Decatur, Elizabeth, Hamilton, Lawrence, Upper, and Washington | 309 |
townships in Lawrence county. | 310 |
The Jackson county municipal court has jurisdiction within | 311 |
Jackson county. | 312 |
The Kettering municipal court has jurisdiction within the | 313 |
municipal corporations of Centerville and Moraine, and within | 314 |
Washington township, in Montgomery county. | 315 |
Until January 2, 2000, the Lancaster municipal court has | 316 |
jurisdiction within Fairfield county. | 317 |
The Lawrence county municipal court has jurisdiction within | 318 |
the townships of Fayette, Mason, Perry, Rome, Symmes, Union, and | 319 |
Windsor in Lawrence county. | 320 |
The Lebanon municipal court has jurisdiction within | 321 |
Turtlecreek township in Warren county. | 322 |
The Licking county municipal court has jurisdiction within | 323 |
Licking county. | 324 |
The Lima municipal court has jurisdiction within Allen | 325 |
county. | 326 |
The Lorain municipal court has jurisdiction within the | 327 |
municipal corporation of Sheffield Lake, and within Sheffield | 328 |
township, in Lorain county. | 329 |
The Lyndhurst municipal court has jurisdiction within the | 330 |
municipal corporations of Mayfield Heights, Gates Mills, Mayfield, | 331 |
Highland Heights, and Richmond Heights in Cuyahoga county. | 332 |
The Madison county municipal court has jurisdiction within | 333 |
Madison county. | 334 |
The Mansfield municipal court has jurisdiction within | 335 |
Madison, Springfield, Sandusky, Franklin, Weller, Mifflin, Troy, | 336 |
Washington, Monroe, Perry, Jefferson, and Worthington townships, | 337 |
and within sections 35-36-31 and 32 of Butler township, in | 338 |
Richland county. | 339 |
The Marietta municipal court has jurisdiction within | 340 |
Washington county. | 341 |
The Marion municipal court has jurisdiction within Marion | 342 |
county. | 343 |
The Marysville municipal court has jurisdiction within Union | 344 |
county. | 345 |
The Mason municipal court has jurisdiction within Deerfield | 346 |
township in Warren county. | 347 |
The Massillon municipal court has jurisdiction within | 348 |
Bethlehem, Perry, Sugar Creek, Tuscarawas, Lawrence, and Jackson | 349 |
townships in Stark county. | 350 |
The Maumee municipal court has jurisdiction within the | 351 |
municipal corporations of Waterville and Whitehouse, within | 352 |
Waterville and Providence townships, and within those portions of | 353 |
Springfield, Monclova, and Swanton townships lying south of the | 354 |
northerly boundary line of the Ohio turnpike, in Lucas county. | 355 |
The Medina municipal court has jurisdiction within the | 356 |
municipal corporations of Briarwood Beach, Brunswick, | 357 |
Chippewa-on-the-Lake, and Spencer and within the townships of | 358 |
Brunswick Hills, Chatham, Granger, Hinckley, Lafayette, | 359 |
Litchfield, Liverpool, Medina, Montville, Spencer, and York | 360 |
townships, in Medina county. | 361 |
The Mentor municipal court has jurisdiction within the | 362 |
municipal corporation of Mentor-on-the-Lake in Lake county. | 363 |
The Miami county municipal court has jurisdiction within | 364 |
Miami county and within the part of the municipal corporation of | 365 |
Bradford that is located in Darke county. | 366 |
The Miamisburg municipal court has jurisdiction within the | 367 |
municipal corporations of Germantown and West Carrollton, and | 368 |
within German and Miami townships in Montgomery county. | 369 |
The Middletown municipal court has jurisdiction within | 370 |
Madison township, and within all of Lemon township, except within | 371 |
the municipal corporation of Monroe, in Butler county. | 372 |
Beginning January 1, 2003, the Morrow county municipal court | 373 |
has jurisdiction within Morrow county. | 374 |
The Mount Vernon municipal court has jurisdiction within Knox | 375 |
county. | 376 |
The Napoleon municipal court has jurisdiction within Henry | 377 |
county. | 378 |
The New Philadelphia municipal court has jurisdiction within | 379 |
the municipal corporation of Dover, and within Auburn, Bucks, | 380 |
Fairfield, Goshen, Jefferson, Warren, York, Dover, Franklin, | 381 |
Lawrence, Sandy, Sugarcreek, and Wayne townships in Tuscarawas | 382 |
county. | 383 |
The Newton Falls municipal court has jurisdiction within | 384 |
Bristol, Bloomfield, Lordstown, Newton, Braceville, Southington, | 385 |
Farmington, and Mesopotamia townships in Trumbull county. | 386 |
The Niles municipal court has jurisdiction within the | 387 |
municipal corporation of McDonald, and within Weathersfield | 388 |
township in Trumbull county. | 389 |
The Norwalk municipal court has jurisdiction within all of | 390 |
Huron county except within the municipal corporation of Bellevue | 391 |
and except within Lyme and Sherman townships. | 392 |
The Oberlin municipal court has jurisdiction within the | 393 |
municipal corporations of Amherst, Kipton, Rochester, South | 394 |
Amherst, and Wellington, and within Henrietta, Russia, Camden, | 395 |
Pittsfield, Brighton, Wellington, Penfield, Rochester, and | 396 |
Huntington townships, and within all of Amherst township except | 397 |
within the municipal corporation of Lorain, in Lorain county. | 398 |
The Oregon municipal court has jurisdiction within the | 399 |
municipal corporation of Harbor View, and within Jerusalem | 400 |
township, in Lucas county, and north within Maumee Bay and Lake | 401 |
Erie to the boundary line between Ohio and Michigan between the | 402 |
easterly boundary of the court and the easterly boundary of the | 403 |
Toledo municipal court. | 404 |
The Ottawa county municipal court has jurisdiction within | 405 |
Ottawa county. | 406 |
The Painesville municipal court has jurisdiction within | 407 |
Painesville, Perry, Leroy, Concord, and Madison townships in Lake | 408 |
county. | 409 |
The Parma municipal court has jurisdiction within the | 410 |
municipal corporations of Parma Heights, Brooklyn, Linndale, North | 411 |
Royalton, Broadview Heights, Seven Hills, and Brooklyn Heights in | 412 |
Cuyahoga county. | 413 |
The Perrysburg municipal court has jurisdiction within the | 414 |
municipal corporations of Luckey, Millbury, Northwood, Rossford, | 415 |
and Walbridge, and within Perrysburg, Lake, and Troy townships, in | 416 |
Wood county. | 417 |
The Portage county municipal court has jurisdiction within | 418 |
Portage county. | 419 |
The Portsmouth municipal court has jurisdiction within Scioto | 420 |
county. | 421 |
The Putnam county municipal court has jurisdiction within | 422 |
Putnam county. | 423 |
The Rocky River municipal court has jurisdiction within the | 424 |
municipal corporations of Bay Village, Westlake, Fairview Park, | 425 |
and North Olmsted, and within Riveredge township, in Cuyahoga | 426 |
county. | 427 |
The Sandusky municipal court has jurisdiction within the | 428 |
municipal corporations of Castalia and Bay View, and within | 429 |
Perkins township, in Erie county. | 430 |
The Shaker Heights municipal court has jurisdiction within | 431 |
the municipal corporations of University Heights, Beachwood, | 432 |
Pepper Pike, and Hunting Valley in Cuyahoga county. | 433 |
The Shelby municipal court has jurisdiction within Sharon, | 434 |
Jackson, Cass, Plymouth, and Blooming Grove townships, and within | 435 |
all of Butler township except sections 35-36-31 and 32, in | 436 |
Richland county. | 437 |
The Sidney municipal court has jurisdiction within Shelby | 438 |
county. | 439 |
Beginning January 1, 2009, the Stow municipal court has | 440 |
jurisdiction within Boston, Hudson, Northfield Center, Sagamore | 441 |
Hills, and Twinsburg townships, and within the municipal | 442 |
corporations of Boston Heights, Cuyahoga Falls, Hudson, Munroe | 443 |
Falls, Northfield, Peninsula, Reminderville, Silver Lake, Stow, | 444 |
Tallmadge, Twinsburg, and Macedonia, in Summit county. | 445 |
The Struthers municipal court has jurisdiction within the | 446 |
municipal corporations of Lowellville, New Middleton, and Poland, | 447 |
and within Poland and Springfield townships in Mahoning county. | 448 |
The Sylvania municipal court has jurisdiction within the | 449 |
municipal corporations of Berkey and Holland, and within Sylvania, | 450 |
Richfield, Spencer, and Harding townships, and within those | 451 |
portions of Swanton, Monclova, and Springfield townships lying | 452 |
north of the northerly boundary line of the Ohio turnpike, in | 453 |
Lucas county. | 454 |
The Tiffin municipal court has jurisdiction within Adams, Big | 455 |
Spring, Bloom, Clinton, Eden, Hopewell, Liberty, Pleasant, Reed, | 456 |
Scipio, Seneca, Thompson, and Venice townships in Seneca county. | 457 |
The Toledo municipal court has jurisdiction within Washington | 458 |
township, and within the municipal corporation of Ottawa Hills, in | 459 |
Lucas county. | 460 |
The Upper Sandusky municipal court has jurisdiction within | 461 |
Wyandot county. | 462 |
The Vandalia municipal court has jurisdiction within the | 463 |
municipal corporations of Clayton, Englewood, and Union, and | 464 |
within Butler, Harrison, and Randolph townships, in Montgomery | 465 |
county. | 466 |
The Van Wert municipal court has jurisdiction within Van Wert | 467 |
county. | 468 |
The Vermilion municipal court has jurisdiction within the | 469 |
townships of Vermilion and Florence in Erie county and within all | 470 |
of Brownhelm township except within the municipal corporation of | 471 |
Lorain, in Lorain county. | 472 |
The Wadsworth municipal court has jurisdiction within the | 473 |
municipal corporations of Gloria Glens Park, Lodi, Seville, and | 474 |
Westfield Center, and within Guilford, Harrisville, Homer, Sharon, | 475 |
Wadsworth, and Westfield townships in Medina county. | 476 |
The Warren municipal court has jurisdiction within Warren and | 477 |
Champion townships, and within all of Howland township except | 478 |
within the municipal corporation of Niles, in Trumbull county. | 479 |
The Washington Court House municipal court has jurisdiction | 480 |
within Fayette county. | 481 |
The Wayne county municipal court has jurisdiction within | 482 |
Wayne county. | 483 |
The Willoughby municipal court has jurisdiction within the | 484 |
municipal corporations of Eastlake, Wickliffe, Willowick, | 485 |
Willoughby Hills, Kirtland, Kirtland Hills, Waite Hill, | 486 |
Timberlake, and Lakeline, and within Kirtland township, in Lake | 487 |
county. | 488 |
Through June 30, 1992, the Wilmington municipal court has | 489 |
jurisdiction within Clinton county. | 490 |
The Xenia municipal court has jurisdiction within | 491 |
Caesarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross, | 492 |
Silvercreek, Spring Valley, Sugarcreek, and Xenia townships in | 493 |
Greene county. | 494 |
(C) As used in this section: | 495 |
(1) "Within a township" includes all land, including, but not | 496 |
limited to, any part of any municipal corporation, that is | 497 |
physically located within the territorial boundaries of that | 498 |
township, whether or not that land or municipal corporation is | 499 |
governmentally a part of the township. | 500 |
(2) "Within a municipal corporation" includes all land within | 501 |
the territorial boundaries of the municipal corporation and any | 502 |
townships that are coextensive with the municipal corporation. | 503 |
Sec. 1901.03. As used in this chapter: | 504 |
(A) "Territory" means the geographical areas within which | 505 |
municipal courts have jurisdiction as provided in sections 1901.01 | 506 |
and 1901.02 of the Revised Code. | 507 |
(B) "Legislative authority" means the legislative authority | 508 |
of the municipal corporation in which a municipal court, other | 509 |
than a county-operated municipal court, is located, and means the | 510 |
respective board of county commissioners of the county in which a | 511 |
county-operated municipal court is located. | 512 |
(C) "Chief executive" means the chief executive of the | 513 |
municipal corporation in which a municipal court, other than a | 514 |
county-operated municipal court, is located, and means the | 515 |
respective chairman of the board of county commissioners of the | 516 |
county in which a county-operated municipal court is located. | 517 |
(D) "City treasury" means the treasury of the municipal | 518 |
corporation in which a municipal court, other than a | 519 |
county-operated municipal court, is located. | 520 |
(E) "City treasurer" means the treasurer of the municipal | 521 |
corporation in which a municipal court, other than a | 522 |
county-operated municipal court, is located. | 523 |
(F) "County-operated municipal court" means the Auglaize | 524 |
county, Brown county, Carroll county, Clermont county, Columbiana | 525 |
county, Crawford county, Darke county, Hamilton county, Hocking | 526 |
county, Holmes county, Jackson county, Lawrence county, Madison | 527 |
county, Miami county, Morrow county, Ottawa county, Portage | 528 |
county, Putnam county, or Wayne county municipal court and, | 529 |
effective January 1, 2008, also includes the Erie county municipal | 530 |
court. | 531 |
(G) "A municipal corporation in which a municipal court is | 532 |
located" includes each municipal corporation named in section | 533 |
1901.01 of the Revised Code, but does not include one in which a | 534 |
judge sits pursuant to section 1901.021 of the Revised Code. | 535 |
Sec. 1901.07. (A) All municipal court judges shall be | 536 |
elected on the nonpartisan ballot for terms of six years. In a | 537 |
municipal court in which only one judge is to be elected in any | 538 |
one year, that judge's term commences on the first day of January | 539 |
after the election. In a municipal court in which two or more | 540 |
judges are to be elected in any one year, their terms commence on | 541 |
successive days beginning the first day of January, following the | 542 |
election, unless otherwise provided by section 1901.08 of the | 543 |
Revised Code. | 544 |
(B) All candidates for municipal court judge may be nominated | 545 |
either by nominating petition or by primary election, except that | 546 |
if the jurisdiction of a municipal court extends only to the | 547 |
corporate limits of the municipal corporation in which the court | 548 |
is located and that municipal corporation operates under a | 549 |
charter, all candidates shall be nominated in the same manner | 550 |
provided in the charter for the office of municipal court judge | 551 |
or, if no specific provisions are made in the charter for the | 552 |
office of municipal court judge, in the same manner as the charter | 553 |
prescribes for the nomination and election of the legislative | 554 |
authority of the municipal corporation. | 555 |
If the jurisdiction of a municipal court extends beyond the | 556 |
corporate limits of the municipal corporation in which it is | 557 |
located or if the jurisdiction of the court does not extend beyond | 558 |
the corporate limits of the municipal corporation in which it is | 559 |
located and no charter provisions apply, all candidates for party | 560 |
nomination to the office of municipal court judge shall file a | 561 |
declaration of candidacy and petition not later than four p.m. of | 562 |
the seventy-fifth day before the day of the primary election, or | 563 |
if the primary election is a presidential primary election, not | 564 |
later than four p.m. of the sixtieth day before the day of the | 565 |
presidential primary election, in the form prescribed by section | 566 |
3513.07 of the Revised Code. The petition shall conform to the | 567 |
requirements provided for those petitions of candidacy contained | 568 |
in section 3513.05 of the Revised Code, except that the petition | 569 |
shall be signed by at least fifty electors of the territory of the | 570 |
court. If no valid declaration of candidacy is filed for | 571 |
nomination as a candidate of a political party for election to the | 572 |
office of municipal court judge, or if the number of persons | 573 |
filing the declarations of candidacy for nominations as candidates | 574 |
of one political party for election to the office does not exceed | 575 |
the number of candidates that that party is entitled to nominate | 576 |
as its candidates for election to the office, no primary election | 577 |
shall be held for the purpose of nominating candidates of that | 578 |
party for election to the office, and the candidates shall be | 579 |
issued certificates of nomination in the manner set forth in | 580 |
section 3513.02 of the Revised Code. | 581 |
If the jurisdiction of a municipal court extends beyond the | 582 |
corporate limits of the municipal corporation in which it is | 583 |
located or if the jurisdiction of the court does not extend beyond | 584 |
the corporate limits of the municipal corporation in which it is | 585 |
located and no charter provisions apply, nonpartisan candidates | 586 |
for the office of municipal court judge shall file nominating | 587 |
petitions not later than four p.m. of the day before the day of | 588 |
the primary election in the form prescribed by section 3513.261 of | 589 |
the Revised Code. The petition shall conform to the requirements | 590 |
provided for those petitions of candidacy contained in section | 591 |
3513.257 of the Revised Code, except that the petition shall be | 592 |
signed by at least fifty electors of the territory of the court. | 593 |
The nominating petition or declaration of candidacy for a | 594 |
municipal court judge shall contain a designation of the term for | 595 |
which the candidate seeks election. At the following regular | 596 |
municipal election, the candidacies of the judges nominated shall | 597 |
be submitted to the electors of the territory on a nonpartisan, | 598 |
judicial ballot in the same manner as provided for judges of the | 599 |
court of common pleas, except that, in a municipal corporation | 600 |
operating under a charter, all candidates for municipal court | 601 |
judge shall be elected in conformity with the charter if | 602 |
provisions are made in the charter for the election of municipal | 603 |
court judges. | 604 |
(C) Notwithstanding divisions (A) and (B) of this section, in | 605 |
the following municipal courts, the judges shall be nominated and | 606 |
elected as follows: | 607 |
(1) In the Cleveland municipal court, the judges shall be | 608 |
nominated only by petition. The petition shall be signed by at | 609 |
least fifty electors of the territory of the court. It shall be in | 610 |
the statutory form and shall be filed in the manner and within the | 611 |
time prescribed by the charter of the city of Cleveland for filing | 612 |
petitions of candidates for municipal offices. Each elector shall | 613 |
have the right to sign petitions for as many candidates as are to | 614 |
be elected, but no more. The judges shall be elected by the | 615 |
electors of the territory of the court in the manner provided by | 616 |
law for the election of judges of the court of common pleas. | 617 |
(2) In the Toledo municipal court, the judges shall be | 618 |
nominated only by petition. The petition shall be signed by at | 619 |
least fifty electors of the territory of the court. It shall be in | 620 |
the statutory form and shall be filed in the manner and within the | 621 |
time prescribed by the charter of the city of Toledo for filing | 622 |
nominating petitions for city council. Each elector shall have the | 623 |
right to sign petitions for as many candidates as are to be | 624 |
elected, but no more. The judges shall be elected by the electors | 625 |
of the territory of the court in the manner provided by law for | 626 |
the election of judges of the court of common pleas. | 627 |
(3) In the Akron municipal court, the judges shall be | 628 |
nominated only by petition. The petition shall be signed by at | 629 |
least fifty electors of the territory of the court. It shall be in | 630 |
statutory form and shall be filed in the manner and within the | 631 |
time prescribed by the charter of the city of Akron for filing | 632 |
nominating petitions of candidates for municipal offices. Each | 633 |
elector shall have the right to sign petitions for as many | 634 |
candidates as are to be elected, but no more. The judges shall be | 635 |
elected by the electors of the territory of the court in the | 636 |
manner provided by law for the election of judges of the court of | 637 |
common pleas. | 638 |
(4) In the Hamilton county municipal court, the judges shall | 639 |
be nominated only by petition. The petition shall be signed by at | 640 |
least fifty electors of the territory of the court, which | 641 |
petitions shall be signed, verified, and filed in the manner and | 642 |
within the time required by law for nominating petitions for | 643 |
members of council of the city of Cincinnati. The judges shall be | 644 |
elected by the electors of the territory of the court at the | 645 |
regular municipal election and in the manner provided by law for | 646 |
the election of judges of the court of common pleas. | 647 |
(5) In the Franklin county municipal court, the judges shall | 648 |
be nominated only by petition. The petition shall be signed by at | 649 |
least fifty electors of the territory of the court. The petition | 650 |
shall be in the statutory form and shall be filed in the manner | 651 |
and within the time prescribed by the charter of the city of | 652 |
Columbus for filing petitions of candidates for municipal offices. | 653 |
The judges shall be elected by the electors of the territory of | 654 |
the court in the manner provided by law for the election of judges | 655 |
of the court of common pleas. | 656 |
(6) In the Auglaize, Brown, Carroll, Clermont, Crawford, | 657 |
Hocking, Jackson, Lawrence, Madison, Miami, Morrow, Putnam, and | 658 |
Wayne county municipal courts, the judges shall be nominated only | 659 |
by petition. The petitions shall be signed by at least fifty | 660 |
electors of the territory of the court and shall conform to the | 661 |
provisions of this section. | 662 |
(D) In the Portage county municipal court, the judges shall | 663 |
be nominated either by nominating petition or by primary election, | 664 |
as provided in division (B) of this section. | 665 |
(E) As used in this section, as to an election for either a | 666 |
full or an unexpired term, "the territory within the jurisdiction | 667 |
of the court" means that territory as it will be on the first day | 668 |
of January after the election. | 669 |
Sec. 1901.08. The number of, and the time for election of, | 670 |
judges of the following municipal courts and the beginning of | 671 |
their terms shall be as follows: | 672 |
In the Akron municipal court, two full-time judges shall be | 673 |
elected in 1951, two full-time judges shall be elected in 1953, | 674 |
one full-time judge shall be elected in 1967, and one full-time | 675 |
judge shall be elected in 1975. | 676 |
In the Alliance municipal court, one full-time judge shall be | 677 |
elected in 1953. | 678 |
In the Ashland municipal court, one full-time judge shall be | 679 |
elected in 1951. | 680 |
In the Ashtabula municipal court, one full-time judge shall | 681 |
be elected in 1953. | 682 |
In the Athens county municipal court, one full-time judge | 683 |
shall be elected in 1967. | 684 |
In the Auglaize county municipal court, one full-time judge | 685 |
shall be elected in 1975. | 686 |
In the Avon Lake municipal court, one part-time judge shall | 687 |
be elected in 1957. | 688 |
In the Barberton municipal court, one full-time judge shall | 689 |
be elected in 1969, and one full-time judge shall be elected in | 690 |
1971. | 691 |
In the Bedford municipal court, one full-time judge shall be | 692 |
elected in 1975, and one full-time judge shall be elected in 1979. | 693 |
In the Bellefontaine municipal court, one full-time judge | 694 |
shall be elected in 1993. | 695 |
In the Bellevue municipal court, one part-time judge shall be | 696 |
elected in 1951. | 697 |
In the Berea municipal court, one full-time judge shall be | 698 |
elected in 2005. | 699 |
In the Bowling Green municipal court, one full-time judge | 700 |
shall be elected in 1983. | 701 |
In the Brown county municipal court, one full-time judge | 702 |
shall be elected in 2005. Beginning February 9, 2003, the | 703 |
part-time judge of the Brown county county court that existed | 704 |
prior to that date whose term commenced on January 2, 2001, shall | 705 |
serve as the full-time judge of the Brown county municipal court | 706 |
until December 31, 2005. | 707 |
In the Bryan municipal court, one full-time judge shall be | 708 |
elected in 1965. | 709 |
In the Cambridge municipal court, one full-time judge shall | 710 |
be elected in 1951. | 711 |
In the Campbell municipal court, one part-time judge shall be | 712 |
elected in 1963. | 713 |
In the Canton municipal court, one full-time judge shall be | 714 |
elected in 1951, one full-time judge shall be elected in 1969, and | 715 |
two full-time judges shall be elected in 1977. | 716 |
In the Carroll county municipal court, one full-time judge | 717 |
shall be elected in 2009. Beginning January 1, 2007, the judge | 718 |
elected in 2006 to the part-time judgeship of the Carroll county | 719 |
county court that existed prior to that date shall serve as the | 720 |
full-time judge of the Carroll county municipal court until | 721 |
December 31, 2009. | 722 |
In the Celina municipal court, one full-time judge shall be | 723 |
elected in 1957. | 724 |
In the Champaign county municipal court, one full-time judge | 725 |
shall be elected in 2001. | 726 |
In the Chardon municipal court, one part-time judge shall be | 727 |
elected in 1963. | 728 |
In the Chillicothe municipal court, one full-time judge shall | 729 |
be elected in 1951, and one full-time judge shall be elected in | 730 |
1977. | 731 |
In the Circleville municipal court, one full-time judge shall | 732 |
be elected in 1953. | 733 |
In the Clark county municipal court, one full-time judge | 734 |
shall be elected in 1989, and two full-time judges shall be | 735 |
elected in 1991. The full-time judges of the Springfield municipal | 736 |
court who were elected in 1983 and 1985 shall serve as the judges | 737 |
of the Clark county municipal court from January 1, 1988, until | 738 |
the end of their respective terms. | 739 |
In the Clermont county municipal court, two full-time judges | 740 |
shall be elected in 1991, and one full-time judge shall be elected | 741 |
in 1999. | 742 |
In the Cleveland municipal court, six full-time judges shall | 743 |
be elected in 1975, three full-time judges shall be elected in | 744 |
1953, and four full-time judges shall be elected in 1955. | 745 |
In the Cleveland Heights municipal court, one full-time judge | 746 |
shall be elected in 1957. | 747 |
In the Clinton county municipal court, one full-time judge | 748 |
shall be elected in 1997. The full-time judge of the Wilmington | 749 |
municipal court who was elected in 1991 shall serve as the judge | 750 |
of the Clinton county municipal court from July 1, 1992, until the | 751 |
end of that judge's term on December 31, 1997. | 752 |
In the Columbiana county municipal court, two full-time | 753 |
judges shall be elected in 2001. | 754 |
In the Conneaut municipal court, one full-time judge shall be | 755 |
elected in 1953. | 756 |
In the Coshocton municipal court, one full-time judge shall | 757 |
be elected in 1951. | 758 |
In the Crawford county municipal court, one full-time judge | 759 |
shall be elected in 1977. | 760 |
In the Cuyahoga Falls municipal court, one full-time judge | 761 |
shall be elected in 1953, and one full-time judge shall be elected | 762 |
in 1967. Effective December 31, 2008, the Cuyahoga Falls municipal | 763 |
court shall cease to exist; however, the judges of the Cuyahoga | 764 |
Falls municipal court who were elected pursuant to this section in | 765 |
2003 and 2007 for terms beginning on January 1, 2004, and January | 766 |
1, 2008, respectively, shall serve as full-time judges of the Stow | 767 |
municipal court until December 31, 2009, and December 31, 2013, | 768 |
respectively. | 769 |
In the Darke county municipal court, one full-time judge | 770 |
shall be elected in 2005. Beginning January 1, 2005, the part-time | 771 |
judge of the Darke county county court that existed prior to that | 772 |
date whose term began on January 1, 2001, shall serve as the | 773 |
full-time judge of the Darke county municipal court until December | 774 |
31, 2005. | 775 |
In the Dayton municipal court, three full-time judges shall | 776 |
be elected in 1987, their terms to commence on successive days | 777 |
beginning on the first day of January next after their election, | 778 |
and two full-time judges shall be elected in 1955, their terms to | 779 |
commence on successive days beginning on the second day of January | 780 |
next after their election. | 781 |
In the Defiance municipal court, one full-time judge shall be | 782 |
elected in 1957. | 783 |
In the Delaware municipal court, one full-time judge shall be | 784 |
elected in 1953, and one full-time judge shall be elected in 2007. | 785 |
In the East Cleveland municipal court, one full-time judge | 786 |
shall be elected in 1957. | 787 |
In the East Liverpool municipal court, one full-time judge | 788 |
shall be elected in 1953. | 789 |
In the Eaton municipal court, one full-time judge shall be | 790 |
elected in 1973. | 791 |
In the Elyria municipal court, one full-time judge shall be | 792 |
elected in 1955, and one full-time judge shall be elected in 1973. | 793 |
In the Erie county municipal court, one full-time judge shall | 794 |
be elected in 2007. | 795 |
In the Euclid municipal court, one full-time judge shall be | 796 |
elected in 1951. | 797 |
In the Fairborn municipal court, one full-time judge shall be | 798 |
elected in 1977. | 799 |
In the Fairfield county municipal court, one full-time judge | 800 |
shall be elected in 2003, and one full-time judge shall be elected | 801 |
in 2005. | 802 |
In the Fairfield municipal court, one full-time judge shall | 803 |
be elected in 1989. | 804 |
In the Findlay municipal court, one full-time judge shall be | 805 |
elected in 1955, and one full-time judge shall be elected in 1993. | 806 |
In the Fostoria municipal court, one full-time judge shall be | 807 |
elected in 1975. | 808 |
In the Franklin municipal court, one part-time judge shall be | 809 |
elected in 1951. | 810 |
In the Franklin county municipal court, two full-time judges | 811 |
shall be elected in 1969, three full-time judges shall be elected | 812 |
in 1971, seven full-time judges shall be elected in 1967, one | 813 |
full-time judge shall be elected in 1975, one full-time judge | 814 |
shall be elected in 1991, and one full-time judge shall be elected | 815 |
in 1997. | 816 |
In the Fremont municipal court, one full-time judge shall be | 817 |
elected in 1975. | 818 |
In the Gallipolis municipal court, one full-time judge shall | 819 |
be elected in 1981. | 820 |
In the Garfield Heights municipal court, one full-time judge | 821 |
shall be elected in 1951, and one full-time judge shall be elected | 822 |
in 1981. | 823 |
In the Girard municipal court, one full-time judge shall be | 824 |
elected in 1963. | 825 |
In the Hamilton municipal court, one full-time judge shall be | 826 |
elected in 1953. | 827 |
In the Hamilton county municipal court, five full-time judges | 828 |
shall be elected in 1967, five full-time judges shall be elected | 829 |
in 1971, two full-time judges shall be elected in 1981, and two | 830 |
full-time judges shall be elected in 1983. All terms of judges of | 831 |
the Hamilton county municipal court shall commence on the first | 832 |
day of January next after their election, except that the terms of | 833 |
the additional judges to be elected in 1981 shall commence on | 834 |
January 2, 1982, and January 3, 1982, and that the terms of the | 835 |
additional judges to be elected in 1983 shall commence on January | 836 |
4, 1984, and January 5, 1984. | 837 |
In the Hardin county municipal court, one part-time judge | 838 |
shall be elected in 1989. | 839 |
In the Hillsboro municipal court, one full-time judge shall | 840 |
be elected in 2011. On and after | 841 |
842 | |
municipal court who was elected in 2005 shall serve as a full-time | 843 |
judge of the court until the end of that judge's term on December | 844 |
31, 2011. | 845 |
In the Hocking county municipal court, one full-time judge | 846 |
shall be elected in 1977. | 847 |
In the Holmes county municipal court, one full-time judge | 848 |
shall be elected in 2007. Beginning January 1, 2007, the part-time | 849 |
judge of the Holmes county county court that existed prior to that | 850 |
date whose term commenced on January 1, 2007, shall serve as the | 851 |
full-time judge of the Holmes county municipal court until | 852 |
December 31, 2007. | 853 |
In the Huron municipal court, one part-time judge shall be | 854 |
elected in 1967. | 855 |
In the Ironton municipal court, one full-time judge shall be | 856 |
elected in 1951. | 857 |
In the Jackson county municipal court, one full-time judge | 858 |
shall be elected in 2001. On and after March 31, 1997, the | 859 |
part-time judge of the Jackson county municipal court who was | 860 |
elected in 1995 shall serve as a full-time judge of the court | 861 |
until the end of that judge's term on December 31, 2001. | 862 |
In the Kettering municipal court, one full-time judge shall | 863 |
be elected in 1971, and one full-time judge shall be elected in | 864 |
1975. | 865 |
In the Lakewood municipal court, one full-time judge shall be | 866 |
elected in 1955. | 867 |
In the Lancaster municipal court, one full-time judge shall | 868 |
be elected in 1951, and one full-time judge shall be elected in | 869 |
1979. Beginning January 2, 2000, the full-time judges of the | 870 |
Lancaster municipal court who were elected in 1997 and 1999 shall | 871 |
serve as judges of the Fairfield county municipal court until the | 872 |
end of those judges' terms. | 873 |
In the Lawrence county municipal court, one part-time judge | 874 |
shall be elected in 1981. | 875 |
In the Lebanon municipal court, one part-time judge shall be | 876 |
elected in 1955. | 877 |
In the Licking county municipal court, one full-time judge | 878 |
shall be elected in 1951, and one full-time judge shall be elected | 879 |
in 1971. | 880 |
In the Lima municipal court, one full-time judge shall be | 881 |
elected in 1951, and one full-time judge shall be elected in 1967. | 882 |
In the Lorain municipal court, one full-time judge shall be | 883 |
elected in 1953, and one full-time judge shall be elected in 1973. | 884 |
In the Lyndhurst municipal court, one part-time judge shall | 885 |
be elected in 1957. | 886 |
In the Madison county municipal court, one full-time judge | 887 |
shall be elected in 1981. | 888 |
In the Mansfield municipal court, one full-time judge shall | 889 |
be elected in 1951, and one full-time judge shall be elected in | 890 |
1969. | 891 |
In the Marietta municipal court, one full-time judge shall be | 892 |
elected in 1957. | 893 |
In the Marion municipal court, one full-time judge shall be | 894 |
elected in 1951. | 895 |
In the Marysville municipal court, one full-time judge shall | 896 |
be elected in 2011. On and after January 18, 2007, the part-time | 897 |
judge of the Marysville municipal court who was elected in 2005 | 898 |
shall serve as a full-time judge of the court until the end of | 899 |
that judge's term on December 31, 2011. | 900 |
In the Mason municipal court, one part-time judge shall be | 901 |
elected in 1965. | 902 |
In the Massillon municipal court, one full-time judge shall | 903 |
be elected in 1953, and one full-time judge shall be elected in | 904 |
1971. | 905 |
In the Maumee municipal court, one full-time judge shall be | 906 |
elected in 1963. | 907 |
In the Medina municipal court, one full-time judge shall be | 908 |
elected in 1957. | 909 |
In the Mentor municipal court, one full-time judge shall be | 910 |
elected in 1971. | 911 |
In the Miami county municipal court, one full-time judge | 912 |
shall be elected in 1975, and one full-time judge shall be elected | 913 |
in 1979. | 914 |
In the Miamisburg municipal court, one part-time judge shall | 915 |
be elected in 1951. | 916 |
In the Middletown municipal court, one full-time judge shall | 917 |
be elected in 1953. | 918 |
In the Morrow county municipal court, one full-time judge | 919 |
shall be elected in 2005. Beginning January 1, 2003, the part-time | 920 |
judge of the Morrow county county court that existed prior to that | 921 |
date shall serve as the full-time judge of the Morrow county | 922 |
municipal court until December 31, 2005. | 923 |
In the Mount Vernon municipal court, one full-time judge | 924 |
shall be elected in 1951. | 925 |
In the Napoleon municipal court, one full-time judge shall be | 926 |
elected in 2005. | 927 |
In the New Philadelphia municipal court, one full-time judge | 928 |
shall be elected in 1975. | 929 |
In the Newton Falls municipal court, one full-time judge | 930 |
shall be elected in 1963. | 931 |
In the Niles municipal court, one full-time judge shall be | 932 |
elected in 1951. | 933 |
In the Norwalk municipal court, one full-time judge shall be | 934 |
elected in 1975. | 935 |
In the Oakwood municipal court, one part-time judge shall be | 936 |
elected in 1953. | 937 |
In the Oberlin municipal court, one full-time judge shall be | 938 |
elected in 1989. | 939 |
In the Oregon municipal court, one full-time judge shall be | 940 |
elected in 1963. | 941 |
In the Ottawa county municipal court, one full-time judge | 942 |
shall be elected in 1995, and the full-time judge of the Port | 943 |
Clinton municipal court who is elected in 1989 shall serve as the | 944 |
judge of the Ottawa county municipal court from February 4, 1994, | 945 |
until the end of that judge's term. | 946 |
In the Painesville municipal court, one full-time judge shall | 947 |
be elected in 1951. | 948 |
In the Parma municipal court, one full-time judge shall be | 949 |
elected in 1951, one full-time judge shall be elected in 1967, and | 950 |
one full-time judge shall be elected in 1971. | 951 |
In the Perrysburg municipal court, one full-time judge shall | 952 |
be elected in 1977. | 953 |
In the Portage county municipal court, two full-time judges | 954 |
shall be elected in 1979, and one full-time judge shall be elected | 955 |
in 1971. | 956 |
In the Port Clinton municipal court, one full-time judge | 957 |
shall be elected in 1953. The full-time judge of the Port Clinton | 958 |
municipal court who is elected in 1989 shall serve as the judge of | 959 |
the Ottawa county municipal court from February 4, 1994, until the | 960 |
end of that judge's term. | 961 |
In the Portsmouth municipal court, one full-time judge shall | 962 |
be elected in 1951, and one full-time judge shall be elected in | 963 |
1985. | 964 |
In the Putnam county municipal court, one full-time judge | 965 |
shall be elected in 2011. Beginning January 1, 2011, the part-time | 966 |
judge of the Putnam county county court that existed prior to that | 967 |
date whose term commenced on January 1, 2007, shall serve as the | 968 |
full-time judge of the Putnam county municipal court until | 969 |
December 31, 2011. | 970 |
In the Rocky River municipal court, one full-time judge shall | 971 |
be elected in 1957, and one full-time judge shall be elected in | 972 |
1971. | 973 |
In the Sandusky municipal court, one full-time judge shall be | 974 |
elected in 1953. | 975 |
In the Shaker Heights municipal court, one full-time judge | 976 |
shall be elected in 1957. | 977 |
In the Shelby municipal court, one part-time judge shall be | 978 |
elected in 1957. | 979 |
In the Sidney municipal court, one full-time judge shall be | 980 |
elected in 1995. | 981 |
In the South Euclid municipal court, one full-time judge | 982 |
shall be elected in 1999. The part-time judge elected in 1993, | 983 |
whose term commenced on January 1, 1994, shall serve until | 984 |
December 31, 1999, and the office of that judge is abolished on | 985 |
January 1, 2000. | 986 |
In the Springfield municipal court, two full-time judges | 987 |
shall be elected in 1985, and one full-time judge shall be elected | 988 |
in 1983, all of whom shall serve as the judges of the Springfield | 989 |
municipal court through December 31, 1987, and as the judges of | 990 |
the Clark county municipal court from January 1, 1988, until the | 991 |
end of their respective terms. | 992 |
In the Steubenville municipal court, one full-time judge | 993 |
shall be elected in 1953. | 994 |
In the Stow municipal court, one full-time judge shall be | 995 |
elected in 2009, and one full-time judge shall be elected in 2013. | 996 |
Beginning January 1, 2009, the judge of the Cuyahoga Falls | 997 |
municipal court that existed prior to that date whose term | 998 |
commenced on January 1, 2008, shall serve as a full-time judge of | 999 |
the Stow municipal court until December 31, 2013. Beginning | 1000 |
January 1, 2009, the judge of the Cuyahoga Falls municipal court | 1001 |
that existed prior to that date whose term commenced on January 1, | 1002 |
2004, shall serve as a full-time judge of the Stow municipal court | 1003 |
until December 31, 2009. | 1004 |
In the Struthers municipal court, one part-time judge shall | 1005 |
be elected in 1963. | 1006 |
In the Sylvania municipal court, one full-time judge shall be | 1007 |
elected in 1963. | 1008 |
In the Tiffin municipal court, one full-time judge shall be | 1009 |
elected in 1953. | 1010 |
In the Toledo municipal court, two full-time judges shall be | 1011 |
elected in 1971, four full-time judges shall be elected in 1975, | 1012 |
and one full-time judge shall be elected in 1973. | 1013 |
In the Upper Sandusky municipal court, one full-time judge | 1014 |
shall be elected in 2011. The part-time judge elected in 2005, | 1015 |
whose term commenced on January 1, 2006, shall serve as a | 1016 |
full-time judge on and after January 1, 2008, until the expiration | 1017 |
of that judge's term on December 31, 2011, and the office of that | 1018 |
judge is abolished on January 1, 2012. | 1019 |
In the Vandalia municipal court, one full-time judge shall be | 1020 |
elected in 1959. | 1021 |
In the Van Wert municipal court, one full-time judge shall be | 1022 |
elected in 1957. | 1023 |
In the Vermilion municipal court, one part-time judge shall | 1024 |
be elected in 1965. | 1025 |
In the Wadsworth municipal court, one full-time judge shall | 1026 |
be elected in 1981. | 1027 |
In the Warren municipal court, one full-time judge shall be | 1028 |
elected in 1951, and one full-time judge shall be elected in 1971. | 1029 |
In the Washington Court House municipal court, one full-time | 1030 |
judge shall be elected in 1999. The part-time judge elected in | 1031 |
1993, whose term commenced on January 1, 1994, shall serve until | 1032 |
December 31, 1999, and the office of that judge is abolished on | 1033 |
January 1, 2000. | 1034 |
In the Wayne county municipal court, one full-time judge | 1035 |
shall be elected in 1975, and one full-time judge shall be elected | 1036 |
in 1979. | 1037 |
In the Willoughby municipal court, one full-time judge shall | 1038 |
be elected in 1951. | 1039 |
In the Wilmington municipal court, one full-time judge shall | 1040 |
be elected in 1991, who shall serve as the judge of the Wilmington | 1041 |
municipal court through June 30, 1992, and as the judge of the | 1042 |
Clinton county municipal court from July 1, 1992, until the end of | 1043 |
that judge's term on December 31, 1997. | 1044 |
In the Xenia municipal court, one full-time judge shall be | 1045 |
elected in 1977. | 1046 |
In the Youngstown municipal court, one full-time judge shall | 1047 |
be elected in 1951, and two full-time judges shall be elected in | 1048 |
1953. | 1049 |
In the Zanesville municipal court, one full-time judge shall | 1050 |
be elected in 1953. | 1051 |
Sec. 1901.31. The clerk and deputy clerks of a municipal | 1052 |
court shall be selected, be compensated, give bond, and have | 1053 |
powers and duties as follows: | 1054 |
(A) There shall be a clerk of the court who is appointed or | 1055 |
elected as follows: | 1056 |
(1)(a) Except in the Akron, Barberton, Toledo, Hamilton | 1057 |
county, Portage county, and Wayne county municipal courts and | 1058 |
through December 31, 2008, the Cuyahoga Falls municipal court, if | 1059 |
the population of the territory equals or exceeds one hundred | 1060 |
thousand at the regular municipal election immediately preceding | 1061 |
the expiration of the term of the present clerk, the clerk shall | 1062 |
be nominated and elected by the qualified electors of the | 1063 |
territory in the manner that is provided for the nomination and | 1064 |
election of judges in section 1901.07 of the Revised Code. | 1065 |
The clerk so elected shall hold office for a term of six | 1066 |
years, which term shall commence on the first day of January | 1067 |
following the clerk's election and continue until the clerk's | 1068 |
successor is elected and qualified. | 1069 |
(b) In the Hamilton county municipal court, the clerk of | 1070 |
courts of Hamilton county shall be the clerk of the municipal | 1071 |
court and may appoint an assistant clerk who shall receive the | 1072 |
compensation, payable out of the treasury of Hamilton county in | 1073 |
semimonthly installments, that the board of county commissioners | 1074 |
prescribes. The clerk of courts of Hamilton county, acting as the | 1075 |
clerk of the Hamilton county municipal court and assuming the | 1076 |
duties of that office, shall receive compensation at one-fourth | 1077 |
the rate that is prescribed for the clerks of courts of common | 1078 |
pleas as determined in accordance with the population of the | 1079 |
county and the rates set forth in sections 325.08 and 325.18 of | 1080 |
the Revised Code. This compensation shall be paid from the county | 1081 |
treasury in semimonthly installments and is in addition to the | 1082 |
annual compensation that is received for the performance of the | 1083 |
duties of the clerk of courts of Hamilton county, as provided in | 1084 |
sections 325.08 and 325.18 of the Revised Code. | 1085 |
(c) In the Portage county and Wayne county municipal courts, | 1086 |
the clerks of courts of Portage county and Wayne county shall be | 1087 |
the clerks, respectively, of the Portage county and Wayne county | 1088 |
municipal courts and may appoint a chief deputy clerk for each | 1089 |
branch that is established pursuant to section 1901.311 of the | 1090 |
Revised Code and assistant clerks as the judges of the municipal | 1091 |
court determine are necessary, all of whom shall receive the | 1092 |
compensation that the legislative authority prescribes. The clerks | 1093 |
of courts of Portage county and Wayne county, acting as the clerks | 1094 |
of the Portage county and Wayne county municipal courts and | 1095 |
assuming the duties of these offices, shall receive compensation | 1096 |
payable from the county treasury in semimonthly installments at | 1097 |
one-fourth the rate that is prescribed for the clerks of courts of | 1098 |
common pleas as determined in accordance with the population of | 1099 |
the county and the rates set forth in sections 325.08 and 325.18 | 1100 |
of the Revised Code. | 1101 |
(d) Except as otherwise provided in division (A)(1)(d) of | 1102 |
this section, in the Akron municipal court, candidates for | 1103 |
election to the office of clerk of the court shall be nominated by | 1104 |
primary election. The primary election shall be held on the day | 1105 |
specified in the charter of the city of Akron for the nomination | 1106 |
of municipal officers. Notwithstanding any contrary provision of | 1107 |
section 3513.05 or 3513.257 of the Revised Code, the declarations | 1108 |
of candidacy and petitions of partisan candidates and the | 1109 |
nominating petitions of independent candidates for the office of | 1110 |
clerk of the Akron municipal court shall be signed by at least | 1111 |
fifty qualified electors of the territory of the court. | 1112 |
The candidates shall file a declaration of candidacy and | 1113 |
petition, or a nominating petition, whichever is applicable, not | 1114 |
later than four p.m. of the seventy-fifth day before the day of | 1115 |
the primary election, in the form prescribed by section 3513.07 or | 1116 |
3513.261 of the Revised Code. The declaration of candidacy and | 1117 |
petition, or the nominating petition, shall conform to the | 1118 |
applicable requirements of section 3513.05 or 3513.257 of the | 1119 |
Revised Code. | 1120 |
If no valid declaration of candidacy and petition is filed by | 1121 |
any person for nomination as a candidate of a particular political | 1122 |
party for election to the office of clerk of the Akron municipal | 1123 |
court, a primary election shall not be held for the purpose of | 1124 |
nominating a candidate of that party for election to that office. | 1125 |
If only one person files a valid declaration of candidacy and | 1126 |
petition for nomination as a candidate of a particular political | 1127 |
party for election to that office, a primary election shall not be | 1128 |
held for the purpose of nominating a candidate of that party for | 1129 |
election to that office, and the candidate shall be issued a | 1130 |
certificate of nomination in the manner set forth in section | 1131 |
3513.02 of the Revised Code. | 1132 |
Declarations of candidacy and petitions, nominating | 1133 |
petitions, and certificates of nomination for the office of clerk | 1134 |
of the Akron municipal court shall contain a designation of the | 1135 |
term for which the candidate seeks election. At the following | 1136 |
regular municipal election, all candidates for the office shall be | 1137 |
submitted to the qualified electors of the territory of the court | 1138 |
in the manner that is provided in section 1901.07 of the Revised | 1139 |
Code for the election of the judges of the court. The clerk so | 1140 |
elected shall hold office for a term of six years, which term | 1141 |
shall commence on the first day of January following the clerk's | 1142 |
election and continue until the clerk's successor is elected and | 1143 |
qualified. | 1144 |
(e) Except as otherwise provided in division (A)(1)(e) of | 1145 |
this section, in the Barberton municipal court, candidates for | 1146 |
election to the office of clerk of the court shall be nominated by | 1147 |
primary election. The primary election shall be held on the day | 1148 |
specified in the charter of the city of Barberton for the | 1149 |
nomination of municipal officers. Notwithstanding any contrary | 1150 |
provision of section 3513.05 or 3513.257 of the Revised Code, the | 1151 |
declarations of candidacy and petitions of partisan candidates and | 1152 |
the nominating petitions of independent candidates for the office | 1153 |
of clerk of the Barberton municipal court shall be signed by at | 1154 |
least fifty qualified electors of the territory of the court. | 1155 |
The candidates shall file a declaration of candidacy and | 1156 |
petition, or a nominating petition, whichever is applicable, not | 1157 |
later than four p.m. of the seventy-fifth day before the day of | 1158 |
the primary election, in the form prescribed by section 3513.07 or | 1159 |
3513.261 of the Revised Code. The declaration of candidacy and | 1160 |
petition, or the nominating petition, shall conform to the | 1161 |
applicable requirements of section 3513.05 or 3513.257 of the | 1162 |
Revised Code. | 1163 |
If no valid declaration of candidacy and petition is filed by | 1164 |
any person for nomination as a candidate of a particular political | 1165 |
party for election to the office of clerk of the Barberton | 1166 |
municipal court, a primary election shall not be held for the | 1167 |
purpose of nominating a candidate of that party for election to | 1168 |
that office. If only one person files a valid declaration of | 1169 |
candidacy and petition for nomination as a candidate of a | 1170 |
particular political party for election to that office, a primary | 1171 |
election shall not be held for the purpose of nominating a | 1172 |
candidate of that party for election to that office, and the | 1173 |
candidate shall be issued a certificate of nomination in the | 1174 |
manner set forth in section 3513.02 of the Revised Code. | 1175 |
Declarations of candidacy and petitions, nominating | 1176 |
petitions, and certificates of nomination for the office of clerk | 1177 |
of the Barberton municipal court shall contain a designation of | 1178 |
the term for which the candidate seeks election. At the following | 1179 |
regular municipal election, all candidates for the office shall be | 1180 |
submitted to the qualified electors of the territory of the court | 1181 |
in the manner that is provided in section 1901.07 of the Revised | 1182 |
Code for the election of the judges of the court. The clerk so | 1183 |
elected shall hold office for a term of six years, which term | 1184 |
shall commence on the first day of January following the clerk's | 1185 |
election and continue until the clerk's successor is elected and | 1186 |
qualified. | 1187 |
(f)(i) Through December 31, 2008, except as otherwise | 1188 |
provided in division (A)(1)(f)(i) of this section, in the Cuyahoga | 1189 |
Falls municipal court, candidates for election to the office of | 1190 |
clerk of the court shall be nominated by primary election. The | 1191 |
primary election shall be held on the day specified in the charter | 1192 |
of the city of Cuyahoga Falls for the nomination of municipal | 1193 |
officers. Notwithstanding any contrary provision of section | 1194 |
3513.05 or 3513.257 of the Revised Code, the declarations of | 1195 |
candidacy and petitions of partisan candidates and the nominating | 1196 |
petitions of independent candidates for the office of clerk of the | 1197 |
Cuyahoga Falls municipal court shall be signed by at least fifty | 1198 |
qualified electors of the territory of the court. | 1199 |
The candidates shall file a declaration of candidacy and | 1200 |
petition, or a nominating petition, whichever is applicable, not | 1201 |
later than four p.m. of the seventy-fifth day before the day of | 1202 |
the primary election, in the form prescribed by section 3513.07 or | 1203 |
3513.261 of the Revised Code. The declaration of candidacy and | 1204 |
petition, or the nominating petition, shall conform to the | 1205 |
applicable requirements of section 3513.05 or 3513.257 of the | 1206 |
Revised Code. | 1207 |
If no valid declaration of candidacy and petition is filed by | 1208 |
any person for nomination as a candidate of a particular political | 1209 |
party for election to the office of clerk of the Cuyahoga Falls | 1210 |
municipal court, a primary election shall not be held for the | 1211 |
purpose of nominating a candidate of that party for election to | 1212 |
that office. If only one person files a valid declaration of | 1213 |
candidacy and petition for nomination as a candidate of a | 1214 |
particular political party for election to that office, a primary | 1215 |
election shall not be held for the purpose of nominating a | 1216 |
candidate of that party for election to that office, and the | 1217 |
candidate shall be issued a certificate of nomination in the | 1218 |
manner set forth in section 3513.02 of the Revised Code. | 1219 |
Declarations of candidacy and petitions, nominating | 1220 |
petitions, and certificates of nomination for the office of clerk | 1221 |
of the Cuyahoga Falls municipal court shall contain a designation | 1222 |
of the term for which the candidate seeks election. At the | 1223 |
following regular municipal election, all candidates for the | 1224 |
office shall be submitted to the qualified electors of the | 1225 |
territory of the court in the manner that is provided in section | 1226 |
1901.07 of the Revised Code for the election of the judges of the | 1227 |
court. The clerk so elected shall hold office for a term of six | 1228 |
years, which term shall commence on the first day of January | 1229 |
following the clerk's election and continue until the clerk's | 1230 |
successor is elected and qualified. | 1231 |
(ii) Division (A)(1)(f)(i) of this section shall have no | 1232 |
effect after December 31, 2008. | 1233 |
(g) Except as otherwise provided in division (A)(1)(g) of | 1234 |
this section, in the Toledo municipal court, candidates for | 1235 |
election to the office of clerk of the court shall be nominated by | 1236 |
primary election. The primary election shall be held on the day | 1237 |
specified in the charter of the city of Toledo for the nomination | 1238 |
of municipal officers. Notwithstanding any contrary provision of | 1239 |
section 3513.05 or 3513.257 of the Revised Code, the declarations | 1240 |
of candidacy and petitions of partisan candidates and the | 1241 |
nominating petitions of independent candidates for the office of | 1242 |
clerk of the Toledo municipal court shall be signed by at least | 1243 |
fifty qualified electors of the territory of the court. | 1244 |
The candidates shall file a declaration of candidacy and | 1245 |
petition, or a nominating petition, whichever is applicable, not | 1246 |
later than four p.m. of the seventy-fifth day before the day of | 1247 |
the primary election, in the form prescribed by section 3513.07 or | 1248 |
3513.261 of the Revised Code. The declaration of candidacy and | 1249 |
petition, or the nominating petition, shall conform to the | 1250 |
applicable requirements of section 3513.05 or 3513.257 of the | 1251 |
Revised Code. | 1252 |
If no valid declaration of candidacy and petition is filed by | 1253 |
any person for nomination as a candidate of a particular political | 1254 |
party for election to the office of clerk of the Toledo municipal | 1255 |
court, a primary election shall not be held for the purpose of | 1256 |
nominating a candidate of that party for election to that office. | 1257 |
If only one person files a valid declaration of candidacy and | 1258 |
petition for nomination as a candidate of a particular political | 1259 |
party for election to that office, a primary election shall not be | 1260 |
held for the purpose of nominating a candidate of that party for | 1261 |
election to that office, and the candidate shall be issued a | 1262 |
certificate of nomination in the manner set forth in section | 1263 |
3513.02 of the Revised Code. | 1264 |
Declarations of candidacy and petitions, nominating | 1265 |
petitions, and certificates of nomination for the office of clerk | 1266 |
of the Toledo municipal court shall contain a designation of the | 1267 |
term for which the candidate seeks election. At the following | 1268 |
regular municipal election, all candidates for the office shall be | 1269 |
submitted to the qualified electors of the territory of the court | 1270 |
in the manner that is provided in section 1901.07 of the Revised | 1271 |
Code for the election of the judges of the court. The clerk so | 1272 |
elected shall hold office for a term of six years, which term | 1273 |
shall commence on the first day of January following the clerk's | 1274 |
election and continue until the clerk's successor is elected and | 1275 |
qualified. | 1276 |
(2)(a) Except for the Alliance, Auglaize county, Brown | 1277 |
county, Columbiana county, Holmes county, Putnam county, Lorain, | 1278 |
Massillon, and Youngstown municipal courts, in a municipal court | 1279 |
for which the population of the territory is less than one hundred | 1280 |
thousand, the clerk shall be appointed by the court, and the clerk | 1281 |
shall hold office until the clerk's successor is appointed and | 1282 |
qualified. | 1283 |
(b) In the Alliance, Lorain, Massillon, and Youngstown | 1284 |
municipal courts, the clerk shall be elected for a term of office | 1285 |
as described in division (A)(1)(a) of this section. | 1286 |
(c) In the Auglaize county, Brown county, | 1287 |
and Putnam county municipal courts, the clerks of courts of | 1288 |
Auglaize county, Brown county, | 1289 |
county shall be the clerks, respectively, of the Auglaize county, | 1290 |
Brown county, | 1291 |
courts and may appoint a chief deputy clerk for each branch office | 1292 |
that is established pursuant to section 1901.311 of the Revised | 1293 |
Code, and assistant clerks as the judge of the court determines | 1294 |
are necessary, all of whom shall receive the compensation that the | 1295 |
legislative authority prescribes. The clerks of courts of Auglaize | 1296 |
county, Brown county,
| 1297 |
acting as the clerks of the Auglaize county, Brown county, | 1298 |
Holmes county, and Putnam county municipal courts and assuming the | 1299 |
duties of these offices, shall receive compensation payable from | 1300 |
the county treasury in semimonthly installments at one-fourth the | 1301 |
rate that is prescribed for the clerks of courts of common pleas | 1302 |
as determined in accordance with the population of the county and | 1303 |
the rates set forth in sections 325.08 and 325.18 of the Revised | 1304 |
Code. | 1305 |
(d) In the Columbiana county municipal court, the clerk of | 1306 |
courts of Columbiana county shall be the clerk of the municipal | 1307 |
court, may appoint a chief deputy clerk for each branch office | 1308 |
that is established pursuant to section 1901.311 of the Revised | 1309 |
Code, and may appoint any assistant clerks that the judges of the | 1310 |
court determine are necessary. All of the chief deputy clerks and | 1311 |
assistant clerks shall receive the compensation that the | 1312 |
legislative authority prescribes. The clerk of courts of | 1313 |
Columbiana county, acting as the clerk of the Columbiana county | 1314 |
municipal court and assuming the duties of that office, shall | 1315 |
receive in either biweekly installments or semimonthly | 1316 |
installments, as determined by the payroll administrator, | 1317 |
compensation payable from the county treasury at one-fourth the | 1318 |
rate that is prescribed for the clerks of courts of common pleas | 1319 |
as determined in accordance with the population of the county and | 1320 |
the rates set forth in sections 325.08 and 325.18 of the Revised | 1321 |
Code. | 1322 |
(3) During the temporary absence of the clerk due to illness, | 1323 |
vacation, or other proper cause, the court may appoint a temporary | 1324 |
clerk, who shall be paid the same compensation, have the same | 1325 |
authority, and perform the same duties as the clerk. | 1326 |
(B) Except in the Hamilton county, Portage county, and Wayne | 1327 |
county municipal courts, if a vacancy occurs in the office of the | 1328 |
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal | 1329 |
court or occurs in the office of the clerk of a municipal court | 1330 |
for which the population of the territory equals or exceeds one | 1331 |
hundred thousand because the clerk ceases to hold the office | 1332 |
before the end of the clerk's term or because a clerk-elect fails | 1333 |
to take office, the vacancy shall be filled, until a successor is | 1334 |
elected and qualified, by a person chosen by the residents of the | 1335 |
territory of the court who are members of the county central | 1336 |
committee of the political party by which the last occupant of | 1337 |
that office or the clerk-elect was nominated. Not less than five | 1338 |
nor more than fifteen days after a vacancy occurs, those members | 1339 |
of that county central committee shall meet to make an appointment | 1340 |
to fill the vacancy. At least four days before the date of the | 1341 |
meeting, the chairperson or a secretary of the county central | 1342 |
committee shall notify each such member of that county central | 1343 |
committee by first class mail of the date, time, and place of the | 1344 |
meeting and its purpose. A majority of all such members of that | 1345 |
county central committee constitutes a quorum, and a majority of | 1346 |
the quorum is required to make the appointment. If the office so | 1347 |
vacated was occupied or was to be occupied by a person not | 1348 |
nominated at a primary election, or if the appointment was not | 1349 |
made by the committee members in accordance with this division, | 1350 |
the court shall make an appointment to fill the vacancy. A | 1351 |
successor shall be elected to fill the office for the unexpired | 1352 |
term at the first municipal election that is held more than one | 1353 |
hundred twenty days after the vacancy occurred. | 1354 |
(C)(1) In a municipal court, other than the Auglaize county, | 1355 |
the Brown county, the Columbiana county, the Holmes county, the | 1356 |
Putnam county, and the Lorain municipal courts, for which the | 1357 |
population of the territory is less than one hundred thousand, the | 1358 |
clerk of the municipal court shall receive the annual compensation | 1359 |
that the presiding judge of the court prescribes, if the revenue | 1360 |
of the court for the preceding calendar year, as certified by the | 1361 |
auditor or chief fiscal officer of the municipal corporation in | 1362 |
which the court is located or, in the case of a county-operated | 1363 |
municipal court, the county auditor, is equal to or greater than | 1364 |
the expenditures, including any debt charges, for the operation of | 1365 |
the court payable under this chapter from the city treasury or, in | 1366 |
the case of a county-operated municipal court, the county treasury | 1367 |
for that calendar year, as also certified by the auditor or chief | 1368 |
fiscal officer. If the revenue of a municipal court, other than | 1369 |
the Auglaize county, the Brown county, the Columbiana county, the | 1370 |
Putnam county, and the Lorain municipal courts, for which the | 1371 |
population of the territory is less than one hundred thousand for | 1372 |
the preceding calendar year as so certified is not equal to or | 1373 |
greater than those expenditures for the operation of the court for | 1374 |
that calendar year as so certified, the clerk of a municipal court | 1375 |
shall receive the annual compensation that the legislative | 1376 |
authority prescribes. As used in this division, "revenue" means | 1377 |
the total of all costs and fees that are collected and paid to the | 1378 |
city treasury or, in a county-operated municipal court, the county | 1379 |
treasury by the clerk of the municipal court under division (F) of | 1380 |
this section and all interest received and paid to the city | 1381 |
treasury or, in a county-operated municipal court, the county | 1382 |
treasury in relation to the costs and fees under division (G) of | 1383 |
this section. | 1384 |
(2) In a municipal court, other than the Hamilton county, | 1385 |
Portage county, and Wayne county municipal courts, for which the | 1386 |
population of the territory is one hundred thousand or more, and | 1387 |
in the Lorain municipal court, the clerk of the municipal court | 1388 |
shall receive annual compensation in a sum equal to eighty-five | 1389 |
per cent of the salary of a judge of the court. | 1390 |
(3) The compensation of a clerk described in division (C)(1) | 1391 |
or (2) of this section and of the clerk of the Columbiana county | 1392 |
municipal court is payable in either semimonthly installments or | 1393 |
biweekly installments, as determined by the payroll administrator, | 1394 |
from the same sources and in the same manner as provided in | 1395 |
section 1901.11 of the Revised Code, except that the compensation | 1396 |
of the clerk of the Carroll county municipal court is payable in | 1397 |
biweekly installments. | 1398 |
(D) Before entering upon the duties of the clerk's office, | 1399 |
the clerk of a municipal court shall give bond of not less than | 1400 |
six thousand dollars to be determined by the judges of the court, | 1401 |
conditioned upon the faithful performance of the clerk's duties. | 1402 |
(E) The clerk of a municipal court may do all of the | 1403 |
following: administer oaths, take affidavits, and issue executions | 1404 |
upon any judgment rendered in the court, including a judgment for | 1405 |
unpaid costs; issue, sign, and attach the seal of the court to all | 1406 |
writs, process, subpoenas, and papers issuing out of the court; | 1407 |
and approve all bonds, sureties, recognizances, and undertakings | 1408 |
fixed by any judge of the court or by law. The clerk may refuse to | 1409 |
accept for filing any pleading or paper submitted for filing by a | 1410 |
person who has been found to be a vexatious litigator under | 1411 |
section 2323.52 of the Revised Code and who has failed to obtain | 1412 |
leave to proceed under that section. The clerk shall do all of the | 1413 |
following: file and safely keep all journals, records, books, and | 1414 |
papers belonging or appertaining to the court; record the | 1415 |
proceedings of the court; perform all other duties that the judges | 1416 |
of the court may prescribe; and keep a book showing all receipts | 1417 |
and disbursements, which book shall be open for public inspection | 1418 |
at all times. | 1419 |
The clerk shall prepare and maintain a general index, a | 1420 |
docket, and other records that the court, by rule, requires, all | 1421 |
of which shall be the public records of the court. In the docket, | 1422 |
the clerk shall enter, at the time of the commencement of an | 1423 |
action, the names of the parties in full, the names of the | 1424 |
counsel, and the nature of the proceedings. Under proper dates, | 1425 |
the clerk shall note the filing of the complaint, issuing of | 1426 |
summons or other process, returns, and any subsequent pleadings. | 1427 |
The clerk also shall enter all reports, verdicts, orders, | 1428 |
judgments, and proceedings of the court, clearly specifying the | 1429 |
relief granted or orders made in each action. The court may order | 1430 |
an extended record of any of the above to be made and entered, | 1431 |
under the proper action heading, upon the docket at the request of | 1432 |
any party to the case, the expense of which record may be taxed as | 1433 |
costs in the case or may be required to be prepaid by the party | 1434 |
demanding the record, upon order of the court. | 1435 |
(F) The clerk of a municipal court shall receive, collect, | 1436 |
and issue receipts for all costs, fees, fines, bail, and other | 1437 |
moneys payable to the office or to any officer of the court. The | 1438 |
clerk shall each month disburse to the proper persons or officers, | 1439 |
and take receipts for, all costs, fees, fines, bail, and other | 1440 |
moneys that the clerk collects. Subject to sections 307.515 and | 1441 |
4511.193 of the Revised Code and to any other section of the | 1442 |
Revised Code that requires a specific manner of disbursement of | 1443 |
any moneys received by a municipal court and except for the | 1444 |
Hamilton county, Lawrence county, and Ottawa county municipal | 1445 |
courts, the clerk shall pay all fines received for violation of | 1446 |
municipal ordinances into the treasury of the municipal | 1447 |
corporation the ordinance of which was violated and shall pay all | 1448 |
fines received for violation of township resolutions adopted | 1449 |
pursuant to section 503.52 or 503.53 or Chapter 504. of the | 1450 |
Revised Code into the treasury of the township the resolution of | 1451 |
which was violated. Subject to sections 1901.024 and 4511.193 of | 1452 |
the Revised Code, in the Hamilton county, Lawrence county, and | 1453 |
Ottawa county municipal courts, the clerk shall pay fifty per cent | 1454 |
of the fines received for violation of municipal ordinances and | 1455 |
fifty per cent of the fines received for violation of township | 1456 |
resolutions adopted pursuant to section 503.52 or 503.53 or | 1457 |
Chapter 504. of the Revised Code into the treasury of the county. | 1458 |
Subject to sections 307.515, 4511.19, and 5503.04 of the Revised | 1459 |
Code and to any other section of the Revised Code that requires a | 1460 |
specific manner of disbursement of any moneys received by a | 1461 |
municipal court, the clerk shall pay all fines collected for the | 1462 |
violation of state laws into the county treasury. Except in a | 1463 |
county-operated municipal court, the clerk shall pay all costs and | 1464 |
fees the disbursement of which is not otherwise provided for in | 1465 |
the Revised Code into the city treasury. The clerk of a | 1466 |
county-operated municipal court shall pay the costs and fees the | 1467 |
disbursement of which is not otherwise provided for in the Revised | 1468 |
Code into the county treasury. Moneys deposited as security for | 1469 |
costs shall be retained pending the litigation. The clerk shall | 1470 |
keep a separate account of all receipts and disbursements in civil | 1471 |
and criminal cases, which shall be a permanent public record of | 1472 |
the office. On the expiration of the term of the clerk, the clerk | 1473 |
shall deliver the records to the clerk's successor. The clerk | 1474 |
shall have other powers and duties as are prescribed by rule or | 1475 |
order of the court. | 1476 |
(G) All moneys paid into a municipal court shall be noted on | 1477 |
the record of the case in which they are paid and shall be | 1478 |
deposited in a state or national bank, or a domestic savings and | 1479 |
loan association, as defined in section 1151.01 of the Revised | 1480 |
Code, that is selected by the clerk. Any interest received upon | 1481 |
the deposits shall be paid into the city treasury, except that, in | 1482 |
a county-operated municipal court, the interest shall be paid into | 1483 |
the treasury of the county in which the court is located. | 1484 |
On the first Monday in January of each year, the clerk shall | 1485 |
make a list of the titles of all cases in the court that were | 1486 |
finally determined more than one year past in which there remains | 1487 |
unclaimed in the possession of the clerk any funds, or any part of | 1488 |
a deposit for security of costs not consumed by the costs in the | 1489 |
case. The clerk shall give notice of the moneys to the parties who | 1490 |
are entitled to the moneys or to their attorneys of record. All | 1491 |
the moneys remaining unclaimed on the first day of April of each | 1492 |
year shall be paid by the clerk to the city treasurer, except | 1493 |
that, in a county-operated municipal court, the moneys shall be | 1494 |
paid to the treasurer of the county in which the court is located. | 1495 |
The treasurer shall pay any part of the moneys at any time to the | 1496 |
person who has the right to the moneys upon proper certification | 1497 |
of the clerk. | 1498 |
(H) Deputy clerks of a municipal court other than the Carroll | 1499 |
county municipal court may be appointed by the clerk and shall | 1500 |
receive the compensation, payable in either biweekly installments | 1501 |
or semimonthly installments, as determined by the payroll | 1502 |
administrator, out of the city treasury, that the clerk may | 1503 |
prescribe, except that the compensation of any deputy clerk of a | 1504 |
county-operated municipal court shall be paid out of the treasury | 1505 |
of the county in which the court is located. The judge of the | 1506 |
Carroll county municipal court may appoint deputy clerks for the | 1507 |
court, and the deputy clerks shall receive the compensation, | 1508 |
payable in biweekly installments out of the county treasury, that | 1509 |
the judge may prescribe. Each deputy clerk shall take an oath of | 1510 |
office before entering upon the duties of the deputy clerk's | 1511 |
office and, when so qualified, may perform the duties appertaining | 1512 |
to the office of the clerk. The clerk may require any of the | 1513 |
deputy clerks to give bond of not less than three thousand | 1514 |
dollars, conditioned for the faithful performance of the deputy | 1515 |
clerk's duties. | 1516 |
(I) For the purposes of this section, whenever the population | 1517 |
of the territory of a municipal court falls below one hundred | 1518 |
thousand but not below ninety thousand, and the population of the | 1519 |
territory prior to the most recent regular federal census exceeded | 1520 |
one hundred thousand, the legislative authority of the municipal | 1521 |
corporation may declare, by resolution, that the territory shall | 1522 |
be considered to have a population of at least one hundred | 1523 |
thousand. | 1524 |
(J) The clerk or a deputy clerk shall be in attendance at all | 1525 |
sessions of the municipal court, although not necessarily in the | 1526 |
courtroom, and may administer oaths to witnesses and jurors and | 1527 |
receive verdicts. | 1528 |
Sec. 1901.312. (A) As used in this section, "health care | 1529 |
coverage" has the same meaning as in section 1901.111 of the | 1530 |
Revised Code. | 1531 |
(B) The legislative authority, after consultation with the | 1532 |
clerk and deputy clerks of the municipal court, shall negotiate | 1533 |
and contract for, purchase, or otherwise procure group health care | 1534 |
coverage for the clerk and deputy clerks and their spouses and | 1535 |
dependents from insurance companies authorized to engage in the | 1536 |
business of insurance in this state under Title XXXIX of the | 1537 |
Revised Code or health insuring corporations holding certificates | 1538 |
of authority under Chapter 1751. of the Revised Code, except that | 1539 |
if the county or municipal corporation served by the legislative | 1540 |
authority provides group health care coverage for its employees, | 1541 |
the group health care coverage required by this section shall be | 1542 |
provided, if possible, through the policy or plan under which the | 1543 |
group health care coverage is provided for the county or municipal | 1544 |
corporation employees. | 1545 |
(C) The portion of the costs, premiums, or charges for the | 1546 |
group health care coverage procured pursuant to division (B) of | 1547 |
this section that is not paid by the clerk and deputy clerks of | 1548 |
the municipal court, or all of the costs, premiums, or charges for | 1549 |
the group health care coverage if the clerk and deputy clerks will | 1550 |
not be paying any such portion, shall be paid as follows: | 1551 |
(1) If the municipal court is a county-operated municipal | 1552 |
court, the portion of the costs, premiums, or charges or all of | 1553 |
the costs, premiums, or charges shall be paid out of the treasury | 1554 |
of the county. | 1555 |
(2)(a) If the municipal court is not a county-operated | 1556 |
municipal court, the portion of the costs, premiums, or charges in | 1557 |
connection with the clerk or all of the costs, premiums, or | 1558 |
charges in connection with the clerk shall be paid in three-fifths | 1559 |
and two-fifths shares from the city treasury and appropriate | 1560 |
county treasuries as described in division (C) of section 1901.31 | 1561 |
of the Revised Code. The three-fifths share of a city treasury is | 1562 |
subject to apportionment under section 1901.026 of the Revised | 1563 |
Code. | 1564 |
(b) If the municipal court is not a county-operated municipal | 1565 |
court, the portion of the costs, premiums, or charges in | 1566 |
connection with the deputy clerks or all of the costs, premiums, | 1567 |
or charges in connection with the deputy clerks shall be paid from | 1568 |
the city treasury and shall be subject to apportionment under | 1569 |
section 1901.026 of the Revised Code. | 1570 |
(D) This section does not apply to the clerk of the Auglaize | 1571 |
county, Hamilton county, Portage county, Putnam county, or Wayne | 1572 |
county municipal court, if health care coverage is provided to the | 1573 |
clerk by virtue of the clerk's employment as the clerk of the | 1574 |
court of common pleas of Auglaize county, Hamilton county, Portage | 1575 |
county, Putnam county, or Wayne county. | 1576 |
Sec. 1901.32. (A) The bailiffs and deputy bailiffs of a | 1577 |
municipal court shall be provided for, and their duties are, as | 1578 |
follows: | 1579 |
(1) Except for the Hamilton county municipal court, the court | 1580 |
shall appoint a bailiff who shall receive the annual compensation | 1581 |
that the court prescribes payable in either biweekly installments | 1582 |
or semimonthly installments, as determined by the payroll | 1583 |
administrator, from the same sources and in the same manner as | 1584 |
provided in section 1901.11 of the Revised Code. The court may | 1585 |
provide that the chief of police of the municipal corporation or a | 1586 |
member of the police force be appointed by the court to be the | 1587 |
bailiff of the court. Before entering upon the duties of office, | 1588 |
the bailiff shall take an oath to faithfully perform the duties of | 1589 |
the office and shall give a bond of not less than three thousand | 1590 |
dollars, as the legislative authority prescribes, conditioned for | 1591 |
the faithful performance the duties of chief bailiff. | 1592 |
(2) Except for the Hamilton county municipal court, deputy | 1593 |
bailiffs may be appointed by the court. Deputy bailiffs shall | 1594 |
receive the compensation payable in semimonthly installments out | 1595 |
of the city treasury that the court prescribes, except that the | 1596 |
compensation of deputy bailiffs in a county-operated municipal | 1597 |
court shall be paid out of the treasury of the county in which the | 1598 |
court is located. Each deputy bailiff shall give a bond in an | 1599 |
amount not less than one thousand dollars, and, when so qualified, | 1600 |
may perform the duties pertaining to the office of chief bailiff | 1601 |
of the court. | 1602 |
(3) The bailiff and all deputy bailiffs of the Hamilton | 1603 |
county municipal court shall be appointed by the clerk and shall | 1604 |
receive the compensation payable in semimonthly installments out | 1605 |
of the treasury of Hamilton county that the clerk prescribes. Each | 1606 |
judge of the Hamilton county municipal court may appoint a | 1607 |
courtroom bailiff, each of whom shall receive the compensation | 1608 |
payable in semimonthly installments out of the treasury of | 1609 |
Hamilton county that the court prescribes. | 1610 |
(4) The legislative authority may purchase motor vehicles for | 1611 |
the use of the bailiffs and deputy bailiffs as the court | 1612 |
determines they need to perform the duties of their office. All | 1613 |
expenses, maintenance, and upkeep of the vehicles shall be paid by | 1614 |
the legislative authority upon approval by the court. Any | 1615 |
allowances, costs, and expenses for the operation of private motor | 1616 |
vehicles by bailiffs and deputy bailiffs for official duties, | 1617 |
including the cost of oil, gasoline, and maintenance, shall be | 1618 |
prescribed by the court and, subject to the approval of the | 1619 |
legislative authority, shall be paid from the city treasury, | 1620 |
except that the allowances, costs, and expenses for the bailiffs | 1621 |
and deputy bailiffs of a county-operated municipal court shall be | 1622 |
paid from the treasury of the county in which the court is | 1623 |
located. | 1624 |
(5) Every police officer of any municipal corporation and | 1625 |
police constable of a township within the territory of the court | 1626 |
is ex officio a deputy bailiff of the court in and for the | 1627 |
municipal corporation or township in which commissioned as a | 1628 |
police officer or police constable, and shall perform any duties | 1629 |
in respect to cases within the | 1630 |
jurisdiction that are required by a judge of the court, or by the | 1631 |
clerk or a bailiff or deputy bailiff of the court, without | 1632 |
additional compensation. | 1633 |
(6) In Putnam county, in addition to the persons who are ex | 1634 |
officio deputy bailiffs under division (A)(5) of this section, | 1635 |
every deputy sheriff of Putnam county is ex officio a deputy | 1636 |
bailiff of the Putnam county municipal court and shall perform | 1637 |
without additional compensation any duties in respect to cases | 1638 |
within the deputy sheriff's jurisdiction that are required by a | 1639 |
judge of the court, by the clerk of the court, or by a bailiff or | 1640 |
deputy bailiff of the court. | 1641 |
(7) The bailiff and deputy bailiffs shall perform for the | 1642 |
court services similar to those performed by the sheriff for the | 1643 |
court of common pleas and shall perform any other duties that are | 1644 |
requested by rule of court. | 1645 |
The bailiff or deputy bailiff may administer oaths to | 1646 |
witnesses and jurors and receive verdicts in the same manner and | 1647 |
form and to the same extent as the clerk or deputy clerks of the | 1648 |
court. The bailiff may approve all undertakings and bonds given in | 1649 |
actions of replevin and all redelivery bonds in attachments. | 1650 |
(B) In the Cleveland municipal court, the chief clerks and | 1651 |
all deputy clerks are in the classified civil service of the city | 1652 |
of Cleveland. The clerk, the chief deputy clerks, the probation | 1653 |
officers, one private secretary, one personal stenographer to the | 1654 |
clerk, and one personal bailiff to each judge are in the | 1655 |
unclassified civil service of the city of Cleveland. Upon demand | 1656 |
of the clerk, the civil service commission of the city of | 1657 |
Cleveland shall certify a list of those eligible for the position | 1658 |
of deputy clerk. From the list, the clerk shall designate chief | 1659 |
clerks and the number of deputy clerks that the legislative | 1660 |
authority determines are necessary. | 1661 |
Except as otherwise provided in this division, the bailiff, | 1662 |
chief deputy bailiffs, and all deputy bailiffs of the Cleveland | 1663 |
municipal court appointed after January 1, 1968, and the chief | 1664 |
housing specialist, housing specialists, and housing division | 1665 |
referees of the housing division of the Cleveland municipal court | 1666 |
appointed under section 1901.331 of the Revised Code are in the | 1667 |
unclassified civil service of the city of Cleveland. All deputy | 1668 |
bailiffs of the housing division of the Cleveland municipal court | 1669 |
appointed pursuant to that section are in the classified civil | 1670 |
service of the city of Cleveland. Upon the demand of the judge of | 1671 |
the housing division of the Cleveland municipal court, the civil | 1672 |
service commission of the city of Cleveland shall certify a list | 1673 |
of those eligible for the position of deputy bailiff of the | 1674 |
housing division. From the list, the judge of the housing division | 1675 |
shall designate the number of deputy bailiffs that the judge | 1676 |
determines are necessary. | 1677 |
The chief deputy clerks, the chief clerks, and all other | 1678 |
deputy clerks of the Cleveland municipal court shall receive the | 1679 |
compensation that the clerk prescribes. Except as provided in | 1680 |
division (A)(4)(a) of section 1901.331 of the Revised Code with | 1681 |
respect to officers and employees of the housing division of the | 1682 |
Cleveland municipal court, the bailiff, all deputy bailiffs, and | 1683 |
assignment room personnel of the Cleveland municipal court shall | 1684 |
receive the compensation that the court prescribes. | 1685 |
Any appointee under sections 1901.01 to 1901.37 of the | 1686 |
Revised Code may be dismissed or discharged by the same power that | 1687 |
appointed the appointee. In the case of the removal of any civil | 1688 |
service appointee under those sections, an appeal may be taken | 1689 |
from the decision of the civil service commission to the court of | 1690 |
common pleas of Cuyahoga county to determine the sufficiency of | 1691 |
the cause of removal. The appeal shall be taken within ten days of | 1692 |
the finding of the commission. | 1693 |
In the Cleveland municipal court, the presiding judge may | 1694 |
appoint on a full-time, per diem, or contractual basis any | 1695 |
official court reporters for the civil branch of the court that | 1696 |
the business of the court requires. The compensation of official | 1697 |
court reporters shall be determined by the presiding judge of the | 1698 |
court. The compensation shall be payable from the city treasury | 1699 |
and from the treasury of Cuyahoga county in the same proportion as | 1700 |
designated in section 1901.11 of the Revised Code for the payment | 1701 |
of compensation of municipal judges. In every trial in which the | 1702 |
services of a court reporter so appointed are requested by the | 1703 |
judge, any party, or the attorney for any party, there shall be | 1704 |
taxed for each day's services of the court reporter a fee in the | 1705 |
same amount as may be taxed for similar services in the court of | 1706 |
common pleas under section 2301.21 of the Revised Code, to be | 1707 |
collected as other costs in the case. The fees so collected shall | 1708 |
be paid quarterly by the clerk into the city treasury and the | 1709 |
treasury of Cuyahoga county in the same proportion as the | 1710 |
compensation for the court reporters is paid from the city and | 1711 |
county treasuries and shall be credited to the general funds of | 1712 |
the city and county treasuries. | 1713 |
(C) In the Hamilton county municipal court, all employees, | 1714 |
including the bailiff, deputy bailiff, and courtroom bailiffs, are | 1715 |
in the unclassified civil service. | 1716 |
Sec. 1901.34. (A) Except as provided in divisions (B) and | 1717 |
(D) of this section, the village solicitor, city director of law, | 1718 |
or similar chief legal officer for each municipal corporation | 1719 |
within the territory of a municipal court shall prosecute all | 1720 |
cases brought before the municipal court for criminal offenses | 1721 |
occurring within the municipal corporation for which that person | 1722 |
is the solicitor, director of law, or similar chief legal officer. | 1723 |
Except as provided in division (B) of this section, the village | 1724 |
solicitor, city director of law, or similar chief legal officer of | 1725 |
the municipal corporation in which a municipal court is located | 1726 |
shall prosecute all criminal cases brought before the court | 1727 |
arising in the unincorporated areas within the territory of the | 1728 |
municipal court. | 1729 |
(B) The Auglaize county, Brown county, Clermont county, | 1730 |
Hocking county, Holmes county, Jackson county, Morrow county, | 1731 |
Ottawa county, | 1732 |
attorneys shall prosecute in municipal court all violations of | 1733 |
state law arising in their respective counties. The Carroll | 1734 |
county, Crawford county, Hamilton county, Madison county, and | 1735 |
Wayne county prosecuting attorneys and beginning January 1, 2008, | 1736 |
the Erie county prosecuting attorney shall prosecute all | 1737 |
violations of state law arising within the unincorporated areas of | 1738 |
their respective counties. The Columbiana county prosecuting | 1739 |
attorney shall prosecute in the Columbiana county municipal court | 1740 |
all violations of state law arising in the county, except for | 1741 |
violations arising in the municipal corporation of East Liverpool, | 1742 |
Liverpool township, or St. Clair township. The Darke county | 1743 |
prosecuting attorney shall prosecute in the Darke county municipal | 1744 |
court all violations of state law arising in the county, except | 1745 |
for violations of state law arising in the municipal corporation | 1746 |
of Greenville and violations of state law arising in the village | 1747 |
of Versailles. The Greene county board of county commissioners may | 1748 |
provide for the prosecution of all violations of state law arising | 1749 |
within the territorial jurisdiction of any municipal court located | 1750 |
in Greene county. | 1751 |
The prosecuting attorney of any county given the duty of | 1752 |
prosecuting in municipal court violations of state law shall | 1753 |
receive no additional compensation for assuming these additional | 1754 |
duties, except that the prosecuting attorney of Hamilton, Portage, | 1755 |
and Wayne counties shall receive compensation at the rate of four | 1756 |
thousand eight hundred dollars per year, and the prosecuting | 1757 |
attorney of Auglaize county shall receive compensation at the rate | 1758 |
of one thousand eight hundred dollars per year, each payable from | 1759 |
the county treasury of the respective counties in semimonthly | 1760 |
installments. | 1761 |
(C) The village solicitor, city director of law, or similar | 1762 |
chief legal officer shall perform the same duties, insofar as they | 1763 |
are applicable to the village solicitor, city director of law, or | 1764 |
similar chief legal officer, as are required of the prosecuting | 1765 |
attorney of the county. The village solicitor, city director of | 1766 |
law, similar chief legal officer or any assistants who may be | 1767 |
appointed shall receive for such services additional compensation | 1768 |
to be paid from the treasury of the county as the board of county | 1769 |
commissioners prescribes. | 1770 |
(D) The prosecuting attorney of any county, other than | 1771 |
Auglaize, Brown, Clermont, Hocking, Holmes, Jackson, Morrow, | 1772 |
Ottawa, | 1773 |
with any municipal corporation in the county in which the | 1774 |
prosecuting attorney serves pursuant to which the prosecuting | 1775 |
attorney prosecutes all criminal cases brought before the | 1776 |
municipal court that has territorial jurisdiction over that | 1777 |
municipal corporation for criminal offenses occurring within the | 1778 |
municipal corporation. The prosecuting attorney of Auglaize, | 1779 |
Brown, Clermont, Hocking, Holmes, Jackson, Morrow, Ottawa,
| 1780 |
Portage, or Putnam county may enter into an agreement with any | 1781 |
municipal corporation in the county in which the prosecuting | 1782 |
attorney serves pursuant to which the respective prosecuting | 1783 |
attorney prosecutes all cases brought before the Auglaize county, | 1784 |
Brown county, Clermont county, Hocking county, Holmes county, | 1785 |
Jackson county, Morrow county, Ottawa county, | 1786 |
or Putnam county municipal court for violations of the ordinances | 1787 |
of the municipal corporation or for criminal offenses other than | 1788 |
violations of state law occurring within the municipal | 1789 |
corporation. For prosecuting these cases, the prosecuting attorney | 1790 |
and the municipal corporation may agree upon a fee to be paid by | 1791 |
the municipal corporation, which fee shall be paid into the county | 1792 |
treasury, to be used to cover expenses of the office of the | 1793 |
prosecuting attorney. | 1794 |
Sec. 1907.11. (A) Each county court district shall have the | 1795 |
following county court judges, to be elected as follows: | 1796 |
In the Adams county county court, one part-time judge shall | 1797 |
be elected in 1982. | 1798 |
In the Ashtabula county county court, one part-time judge | 1799 |
shall be elected in 1980, and one part-time judge shall be elected | 1800 |
in 1982. | 1801 |
In the Belmont county county court, one part-time judge shall | 1802 |
be elected in 1992, term to commence on January 1, 1993, and two | 1803 |
part-time judges shall be elected in 1994, terms to commence on | 1804 |
January 1, 1995, and January 2, 1995, respectively. | 1805 |
In the Butler county county court, one part-time judge shall | 1806 |
be elected in 1992, term to commence on January 1, 1993, and two | 1807 |
part-time judges shall be elected in 1994, terms to commence on | 1808 |
January 1, 1995, and January 2, 1995, respectively. | 1809 |
Until December 31, 2007, in the Erie county county court, one | 1810 |
part-time judge shall be elected in 1982. Effective January 1, | 1811 |
2008, the Erie county county court shall cease to exist. | 1812 |
In the Fulton county county court, one part-time judge shall | 1813 |
be elected in 1980, and one part-time judge shall be elected in | 1814 |
1982. | 1815 |
In the Harrison county county court, one part-time judge | 1816 |
shall be elected in 1982. | 1817 |
In the Highland county county court, one part-time judge | 1818 |
shall be elected in 1982. | 1819 |
In the Jefferson county county court, one part-time judge | 1820 |
shall be elected in 1992, term to commence on January 1, 1993, and | 1821 |
two part-time judges shall be elected in 1994, terms to commence | 1822 |
on January 1, 1995, and January 2, 1995, respectively. | 1823 |
In the Mahoning county county court, one part-time judge | 1824 |
shall be elected in 1992, term to commence on January 1, 1993, and | 1825 |
three part-time judges shall be elected in 1994, terms to commence | 1826 |
on January 1, 1995, January 2, 1995, and January 3, 1995, | 1827 |
respectively. | 1828 |
In the Meigs county county court, one part-time judge shall | 1829 |
be elected in 1982. | 1830 |
In the Monroe county county court, one part-time judge shall | 1831 |
be elected in 1982. | 1832 |
In the Montgomery county county court, three part-time judges | 1833 |
shall be elected in 1998, terms to commence on January 1, 1999, | 1834 |
January 2, 1999, and January 3, 1999, respectively, and two | 1835 |
part-time judges shall be elected in 1994, terms to commence on | 1836 |
January 1, 1995, and January 2, 1995, respectively. | 1837 |
In the Morgan county county court, one part-time judge shall | 1838 |
be elected in 1982. | 1839 |
In the Muskingum county county court, one part-time judge | 1840 |
shall be elected in 1980, and one part-time judge shall be elected | 1841 |
in 1982. | 1842 |
In the Noble county county court, one part-time judge shall | 1843 |
be elected in 1982. | 1844 |
In the Paulding county county court, one part-time judge | 1845 |
shall be elected in 1982. | 1846 |
In the Perry county county court, one part-time judge shall | 1847 |
be elected in 1982. | 1848 |
In the Pike county county court, one part-time judge shall be | 1849 |
elected in 1982. | 1850 |
| 1851 |
1852 | |
1853 |
In the Sandusky county county court, two part-time judges | 1854 |
shall be elected in 1994, terms to commence on January 1, 1995, | 1855 |
and January 2, 1995, respectively. | 1856 |
In the Trumbull county county court, one part-time judge | 1857 |
shall be elected in 1992, and one part-time judge shall be elected | 1858 |
in 1994. | 1859 |
In the Tuscarawas county county court, one part-time judge | 1860 |
shall be elected in 1982. | 1861 |
In the Vinton county county court, one part-time judge shall | 1862 |
be elected in 1982. | 1863 |
In the Warren county county court, one part-time judge shall | 1864 |
be elected in 1980, and one part-time judge shall be elected in | 1865 |
1982. | 1866 |
(B)(1) Additional judges shall be elected at the next regular | 1867 |
election for a county court judge as provided in section 1907.13 | 1868 |
of the Revised Code. | 1869 |
(2) Vacancies caused by the death or the resignation from, | 1870 |
forfeiture of, or removal from office of a judge shall be filled | 1871 |
in accordance with section 107.08 of the Revised Code, except as | 1872 |
provided in section 1907.15 of the Revised Code. | 1873 |
Sec. 4510.73. (A) It is the intent of this section to allow | 1874 |
all issues concerning driver's licenses to be litigated in a | 1875 |
single forum, not to eliminate any forum venue in existence on the | 1876 |
effective date of this section. | 1877 |
(B) Notwithstanding any provision of the Revised Code to the | 1878 |
contrary, any court whose jurisdiction has been invoked under this | 1879 |
chapter or any other chapter of the Revised Code regarding a | 1880 |
driver's license matter, other than a matter involving a | 1881 |
commercial driver's license, is hereby conferred concurrent | 1882 |
jurisdiction to adjudicate all issues and appeals regarding that | 1883 |
driver's license matter, including issues of validity, suspension, | 1884 |
and, with regard to any suspension imposed by the bureau of motor | 1885 |
vehicles, driving privileges. Nothing in this section shall be | 1886 |
construed as applying to any issue involving a commercial driver's | 1887 |
license, except that a court may adjudicate an issue that does not | 1888 |
relate to a commercial driver's license but involves a holder of a | 1889 |
commercial driver's license so long as the court does not alter | 1890 |
the status of that holder's commercial driver's license. In the | 1891 |
event that another court has obtained jurisdiction over one or | 1892 |
more driver's license suspensions imposed by the bureau involving | 1893 |
the same driver's license holder, that jurisdiction may not be | 1894 |
divested by an action filed under this section unless that court | 1895 |
transfers its jurisdiction over that holder's driver's license | 1896 |
issue by issuance of a court order. | 1897 |
(C)(1) The court's jurisdiction over a particular driver's | 1898 |
license issue may be invoked by a motion, appeal, or petition | 1899 |
filed by a holder of a driver's license. Any such motion, appeal, | 1900 |
or petition shall state the issue with respect to which the | 1901 |
court's jurisdiction is invoked. | 1902 |
(2) When a court's jurisdiction over a driver's license issue | 1903 |
is properly invoked, that court shall adjudicate all issues and | 1904 |
appeals brought before the court regarding that issue, unless the | 1905 |
motion, appeal, or petition is withdrawn. | 1906 |
(D) Any court whose jurisdiction is invoked under this | 1907 |
section shall have the discretionary authority to issue a stay of | 1908 |
any suspension pending resolution of the matters before the court. | 1909 |
This provision does not alter or eliminate any automatic stay | 1910 |
provision provided for elsewhere in the Revised Code. | 1911 |
(E) Any court whose jurisdiction is invoked under this | 1912 |
section, in its discretion, may order the bureau to renew the | 1913 |
holder's driver's license pending resolution of the matters before | 1914 |
the court, provided that the license is not more than six months | 1915 |
expired prior to the date of application for renewal. The court, | 1916 |
in its discretion, also may order the bureau to renew the holder's | 1917 |
driver's license in its final judgment, provided that the license | 1918 |
is not more than six months expired prior to the date of | 1919 |
application for renewal. | 1920 |
(F) If jurisdiction is invoked under this section in a court | 1921 |
of common pleas or county court, the prosecuting attorney of the | 1922 |
county in which the case is pending shall represent the registrar | 1923 |
in the proceedings; provided, that if the driver's license holder | 1924 |
resides in a municipal corporation that lies within the | 1925 |
jurisdiction of a county court, the city director of law, village | 1926 |
solicitor, or similar chief legal officer of the municipal | 1927 |
corporation shall represent the registrar in the proceedings. In a | 1928 |
municipal court, the registrar shall be represented in the | 1929 |
resulting proceedings as provided in section 1901.34 of the | 1930 |
Revised Code. At the election of the registrar, the attorney | 1931 |
general may enter the proceedings at any time and henceforth | 1932 |
represent the registrar in the case. | 1933 |
(G) Either party may appeal the final judgment of the court. | 1934 |
Any such appeal shall be taken as provided in section 1901.30 or | 1935 |
1907.30 of the Revised Code and shall conform with Chapter 2505. | 1936 |
of the Revised Code. | 1937 |
Section 2. That existing sections 1901.01, 1901.02, 1901.03, | 1938 |
1901.07, 1901.08, 1901.31, 1901.312, 1901.32, 1901.34, and 1907.11 | 1939 |
of the Revised Code are hereby repealed. | 1940 |
Section 3. (A) Effective January 1, 2011, the Putnam County | 1941 |
County Court is abolished. | 1942 |
(B) All causes, executions, and other proceedings pending in | 1943 |
the Putnam County County Court at the close of business on | 1944 |
December 31, 2010, shall be transferred to and proceed in the | 1945 |
Putnam County Municipal Court on January 1, 2011, as if originally | 1946 |
instituted in the Putnam County Municipal Court. Parties to those | 1947 |
causes, judgments, executions, and proceedings may make any | 1948 |
amendments to their pleadings that are required to conform them to | 1949 |
the rules of the Putnam County Municipal Court. The Clerk of the | 1950 |
Putnam County County Court or other custodian shall transfer to | 1951 |
the Putnam County Municipal Court all pleadings, orders, entries, | 1952 |
dockets, bonds, papers, records, books, exhibits, files, moneys, | 1953 |
property, and persons that belong to, are in the possession of, or | 1954 |
are subject to the jurisdiction of the Putnam County County Court, | 1955 |
or any officer of that court, at the close of business on December | 1956 |
31, 2010, and that pertain to those causes, judgments, executions, | 1957 |
and proceedings. | 1958 |
(C) All employees of the Putnam County County Court shall be | 1959 |
transferred to and shall become employees of the Putnam County | 1960 |
Municipal Court on January 1, 2011. | 1961 |
(D) Effective January 1, 2011, the part-time judgeship in the | 1962 |
Putnam County County Court is abolished. | 1963 |
Section 4. Sections 1901.01, 1901.02, 1901.03, 1901.07, | 1964 |
1901.08, 1901.31, 1901.312, 1901.32, 1901.34, and 1907.11 of the | 1965 |
Revised Code, as amended by this act, shall take effect January 1, | 1966 |
2011. | 1967 |
Section 5. Section 1901.31 of the Revised Code is presented | 1968 |
in this act as a composite of the section as amended by both Am. | 1969 |
Sub. H.B. 420 of the 127th General Assembly and Am. Sub. H.B. 1 of | 1970 |
the 128th General Assembly. The General Assembly, applying the | 1971 |
principle stated in division (B) of section 1.52 of the Revised | 1972 |
Code that amendments are to be harmonized if reasonably capable of | 1973 |
simultaneous operation, finds that the composite is the resulting | 1974 |
version of the section in effect prior to the effective date of | 1975 |
the section as presented in this act. | 1976 |