Sec. 1901.261. (A)(1) A municipal court may determine that | 46 |
for the efficient operation of the court additional funds are | 47 |
required to computerize the court, to make available computerized | 48 |
legal research services, or to do both. Upon making a | 49 |
determination that additional funds are required for either or | 50 |
both of those purposes, the court shall include in its schedule of | 51 |
fees and costs under section 1901.26 of the Revised Code one | 52 |
additional fee not to exceed three dollars on the filing of each | 53 |
cause of action or appeal equivalent to one described in division | 54 |
(A), (Q), or (U) of section 2303.20 of the Revised Code and shall | 55 |
direct the clerk of the court to charge the fee. | 56 |
(2) All fees collected under this section shall be paid on or | 57 |
before the twentieth day of the month following the month in which | 58 |
they are collected to the county treasurer if the court is a | 59 |
county-operated municipal court or to the city treasurer if the | 60 |
court is not a county-operated municipal court. The treasurer | 61 |
shall place the funds from the fees in a separate fund to be | 62 |
disbursed upon an order of the court, subject to an appropriation | 63 |
by the board of county commissioners if the court is a | 64 |
county-operated municipal court or by the legislative authority of | 65 |
the municipal corporation if the court is not a county-operated | 66 |
municipal court, or upon an order of the court, subject to the | 67 |
court making an annual report available to the public listing the | 68 |
use of all such funds, in an amount not greater than the actual | 69 |
cost to the court of computerizing the court, procuring and | 70 |
maintaining computerized legal research services, or both. | 71 |
(3) If the court determines that the funds in the fund | 72 |
described in division (A)(2) of this section are more than | 73 |
sufficient to satisfy the purpose for which the additional fee | 74 |
described in division (A)(1) of this section was imposed, the | 75 |
court may declare a surplus in the fund and, subject to an | 76 |
appropriation by the board of county commissioners if the court is | 77 |
a county-operated municipal court or by the legislative authority | 78 |
of the municipal corporation if the court is not a county-operated | 79 |
municipal court, expend those surplus funds, or upon an order of | 80 |
the court, subject to the court making an annual report available | 81 |
to the public listing the use of all such funds, expend those | 82 |
surplus funds, for other appropriate technological expenses of the | 83 |
court. | 84 |
(B)(1) A municipal court may determine that, for the | 85 |
efficient operation of the court, additional funds are required to | 86 |
computerize the office of the clerk of the court and, upon that | 87 |
determination, may include in its schedule of fees and costs under | 88 |
section 1901.26 of the Revised Code an additional fee not to | 89 |
exceed ten dollars on the filing of each cause of action or | 90 |
appeal, on the filing, docketing, and endorsing of each | 91 |
certificate of judgment, or on the docketing and indexing of each | 92 |
aid in execution or petition to vacate, revive, or modify a | 93 |
judgment that is equivalent to one described in division (A), (P), | 94 |
(Q), (T), or (U) of section 2303.20 of the Revised Code. Subject | 95 |
to division (B)(2) of this section, all moneys collected under | 96 |
division (B)(1) of this section shall be paid on or before the | 97 |
twentieth day of the month following the month in which they are | 98 |
collected to the county treasurer if the court is a | 99 |
county-operated municipal court or to the city treasurer if the | 100 |
court is not a county-operated municipal court. The treasurer | 101 |
shall place the funds from the fees in a separate fund to be | 102 |
disbursed, upon an order of the municipal court and subject to an | 103 |
appropriation by the board of county commissioners if the court is | 104 |
a county-operated municipal court or by the legislative authority | 105 |
of the municipal corporation if the court is not a county-operated | 106 |
municipal court, in an amount no greater than the actual cost to | 107 |
the court of procuring and maintaining computer systems for the | 108 |
office of the clerk of the municipal court. | 109 |
(2) If a municipal court makes the determination described in | 110 |
division (B)(1) of this section, the board of county commissioners | 111 |
of the county if the court is a county-operated municipal court or | 112 |
the legislative authority of the municipal corporation if the | 113 |
court is not a county-operated municipal court, may issue one or | 114 |
more general obligation bonds for the purpose of procuring and | 115 |
maintaining the computer systems for the office of the clerk of | 116 |
the municipal court. In addition to the purposes stated in | 117 |
division (B)(1) of this section for which the moneys collected | 118 |
under that division may be expended, the moneys additionally may | 119 |
be expended to pay debt charges and financing costs related to any | 120 |
general obligation bonds issued pursuant to division (B)(2) of | 121 |
this section as they become due. General obligation bonds issued | 122 |
pursuant to division (B)(2) of this section are Chapter 133. | 123 |
securities. | 124 |
(1)(a) Except in the Akron, Barberton, Toledo, Hamilton | 130 |
county, Miami county, Montgomery county, Portage county, and Wayne | 131 |
county municipal courts and through December 31, 2008, the | 132 |
Cuyahoga Falls municipal court, if the population of the territory | 133 |
equals or exceeds one hundred thousand at the regular municipal | 134 |
election immediately preceding the expiration of the term of the | 135 |
present clerk, the clerk shall be nominated and elected by the | 136 |
qualified electors of the territory in the manner that is provided | 137 |
for the nomination and election of judges in section 1901.07 of | 138 |
the Revised Code. | 139 |
(b) In the Hamilton county municipal court, the clerk of | 144 |
courts of Hamilton county shall be the clerk of the municipal | 145 |
court and may appoint an assistant clerk who shall receive the | 146 |
compensation, payable out of the treasury of Hamilton county in | 147 |
semimonthly installments, that the board of county commissioners | 148 |
prescribes. The clerk of courts of Hamilton county, acting as the | 149 |
clerk of the Hamilton county municipal court and assuming the | 150 |
duties of that office, shall receive compensation at one-fourth | 151 |
the rate that is prescribed for the clerks of courts of common | 152 |
pleas as determined in accordance with the population of the | 153 |
county and the rates set forth in sections 325.08 and 325.18 of | 154 |
the Revised Code. This compensation shall be paid from the county | 155 |
treasury in semimonthly installments and is in addition to the | 156 |
annual compensation that is received for the performance of the | 157 |
duties of the clerk of courts of Hamilton county, as provided in | 158 |
sections 325.08 and 325.18 of the Revised Code. | 159 |
(c) In the Portage county and Wayne county municipal courts, | 160 |
the clerks of courts of Portage county and Wayne county shall be | 161 |
the clerks, respectively, of the Portage county and Wayne county | 162 |
municipal courts and may appoint a chief deputy clerk for each | 163 |
branch that is established pursuant to section 1901.311 of the | 164 |
Revised Code and assistant clerks as the judges of the municipal | 165 |
court determine are necessary, all of whom shall receive the | 166 |
compensation that the legislative authority prescribes. The clerks | 167 |
of courts of Portage county and Wayne county, acting as the clerks | 168 |
of the Portage county and Wayne county municipal courts and | 169 |
assuming the duties of these offices, shall receive compensation | 170 |
payable from the county treasury in semimonthly installments at | 171 |
one-fourth the rate that is prescribed for the clerks of courts of | 172 |
common pleas as determined in accordance with the population of | 173 |
the county and the rates set forth in sections 325.08 and 325.18 | 174 |
of the Revised Code. | 175 |
(d) In the Montgomery county and Miami county municipal | 176 |
courts, the clerks of courts of Montgomery county and Miami county | 177 |
shall be the clerks, respectively, of the Montgomery county and | 178 |
Miami county municipal courts. The clerks of courts of Montgomery | 179 |
county and Miami county, acting as the clerks of the Montgomery | 180 |
county and Miami county municipal courts and assuming the duties | 181 |
of these offices, shall receive compensation at one-fourth the | 182 |
rate that is prescribed for the clerks of courts of common pleas | 183 |
as determined in accordance with the population of the county and | 184 |
the rates set forth in sections 325.08 and 325.18 of the Revised | 185 |
Code. This compensation shall be paid from the county treasury in | 186 |
semimonthly installments and is in addition to the annual | 187 |
compensation that is received for the performance of the duties of | 188 |
the clerks of courts of Montgomery county and Miami county, as | 189 |
provided in sections 325.08 and 325.18 of the Revised Code. | 190 |
(e) Except as otherwise provided in division (A)(1)(e) of | 191 |
this section, in the Akron municipal court, candidates for | 192 |
election to the office of clerk of the court shall be nominated by | 193 |
primary election. The primary election shall be held on the day | 194 |
specified in the charter of the city of Akron for the nomination | 195 |
of municipal officers. Notwithstanding any contrary provision of | 196 |
section 3513.05 or 3513.257 of the Revised Code, the declarations | 197 |
of candidacy and petitions of partisan candidates and the | 198 |
nominating petitions of independent candidates for the office of | 199 |
clerk of the Akron municipal court shall be signed by at least | 200 |
fifty qualified electors of the territory of the court. | 201 |
If no valid declaration of candidacy and petition is filed by | 210 |
any person for nomination as a candidate of a particular political | 211 |
party for election to the office of clerk of the Akron municipal | 212 |
court, a primary election shall not be held for the purpose of | 213 |
nominating a candidate of that party for election to that office. | 214 |
If only one person files a valid declaration of candidacy and | 215 |
petition for nomination as a candidate of a particular political | 216 |
party for election to that office, a primary election shall not be | 217 |
held for the purpose of nominating a candidate of that party for | 218 |
election to that office, and the candidate shall be issued a | 219 |
certificate of nomination in the manner set forth in section | 220 |
3513.02 of the Revised Code. | 221 |
Declarations of candidacy and petitions, nominating | 222 |
petitions, and certificates of nomination for the office of clerk | 223 |
of the Akron municipal court shall contain a designation of the | 224 |
term for which the candidate seeks election. At the following | 225 |
regular municipal election, all candidates for the office shall be | 226 |
submitted to the qualified electors of the territory of the court | 227 |
in the manner that is provided in section 1901.07 of the Revised | 228 |
Code for the election of the judges of the court. The clerk so | 229 |
elected shall hold office for a term of six years, which term | 230 |
shall commence on the first day of January following the clerk's | 231 |
election and continue until the clerk's successor is elected and | 232 |
qualified. | 233 |
(f) Except as otherwise provided in division (A)(1)(f) of | 234 |
this section, in the Barberton municipal court, candidates for | 235 |
election to the office of clerk of the court shall be nominated by | 236 |
primary election. The primary election shall be held on the day | 237 |
specified in the charter of the city of Barberton for the | 238 |
nomination of municipal officers. Notwithstanding any contrary | 239 |
provision of section 3513.05 or 3513.257 of the Revised Code, the | 240 |
declarations of candidacy and petitions of partisan candidates and | 241 |
the nominating petitions of independent candidates for the office | 242 |
of clerk of the Barberton municipal court shall be signed by at | 243 |
least fifty qualified electors of the territory of the court. | 244 |
If no valid declaration of candidacy and petition is filed by | 253 |
any person for nomination as a candidate of a particular political | 254 |
party for election to the office of clerk of the Barberton | 255 |
municipal court, a primary election shall not be held for the | 256 |
purpose of nominating a candidate of that party for election to | 257 |
that office. If only one person files a valid declaration of | 258 |
candidacy and petition for nomination as a candidate of a | 259 |
particular political party for election to that office, a primary | 260 |
election shall not be held for the purpose of nominating a | 261 |
candidate of that party for election to that office, and the | 262 |
candidate shall be issued a certificate of nomination in the | 263 |
manner set forth in section 3513.02 of the Revised Code. | 264 |
Declarations of candidacy and petitions, nominating | 265 |
petitions, and certificates of nomination for the office of clerk | 266 |
of the Barberton municipal court shall contain a designation of | 267 |
the term for which the candidate seeks election. At the following | 268 |
regular municipal election, all candidates for the office shall be | 269 |
submitted to the qualified electors of the territory of the court | 270 |
in the manner that is provided in section 1901.07 of the Revised | 271 |
Code for the election of the judges of the court. The clerk so | 272 |
elected shall hold office for a term of six years, which term | 273 |
shall commence on the first day of January following the clerk's | 274 |
election and continue until the clerk's successor is elected and | 275 |
qualified. | 276 |
(g)(i) Through December 31, 2008, except as otherwise | 277 |
provided in division (A)(1)(g)(i) of this section, in the Cuyahoga | 278 |
Falls municipal court, candidates for election to the office of | 279 |
clerk of the court shall be nominated by primary election. The | 280 |
primary election shall be held on the day specified in the charter | 281 |
of the city of Cuyahoga Falls for the nomination of municipal | 282 |
officers. Notwithstanding any contrary provision of section | 283 |
3513.05 or 3513.257 of the Revised Code, the declarations of | 284 |
candidacy and petitions of partisan candidates and the nominating | 285 |
petitions of independent candidates for the office of clerk of the | 286 |
Cuyahoga Falls municipal court shall be signed by at least fifty | 287 |
qualified electors of the territory of the court. | 288 |
If no valid declaration of candidacy and petition is filed by | 297 |
any person for nomination as a candidate of a particular political | 298 |
party for election to the office of clerk of the Cuyahoga Falls | 299 |
municipal court, a primary election shall not be held for the | 300 |
purpose of nominating a candidate of that party for election to | 301 |
that office. If only one person files a valid declaration of | 302 |
candidacy and petition for nomination as a candidate of a | 303 |
particular political party for election to that office, a primary | 304 |
election shall not be held for the purpose of nominating a | 305 |
candidate of that party for election to that office, and the | 306 |
candidate shall be issued a certificate of nomination in the | 307 |
manner set forth in section 3513.02 of the Revised Code. | 308 |
Declarations of candidacy and petitions, nominating | 309 |
petitions, and certificates of nomination for the office of clerk | 310 |
of the Cuyahoga Falls municipal court shall contain a designation | 311 |
of the term for which the candidate seeks election. At the | 312 |
following regular municipal election, all candidates for the | 313 |
office shall be submitted to the qualified electors of the | 314 |
territory of the court in the manner that is provided in section | 315 |
1901.07 of the Revised Code for the election of the judges of the | 316 |
court. The clerk so elected shall hold office for a term of six | 317 |
years, which term shall commence on the first day of January | 318 |
following the clerk's election and continue until the clerk's | 319 |
successor is elected and qualified. | 320 |
(h) Except as otherwise provided in division (A)(1)(h) of | 323 |
this section, in the Toledo municipal court, candidates for | 324 |
election to the office of clerk of the court shall be nominated by | 325 |
primary election. The primary election shall be held on the day | 326 |
specified in the charter of the city of Toledo for the nomination | 327 |
of municipal officers. Notwithstanding any contrary provision of | 328 |
section 3513.05 or 3513.257 of the Revised Code, the declarations | 329 |
of candidacy and petitions of partisan candidates and the | 330 |
nominating petitions of independent candidates for the office of | 331 |
clerk of the Toledo municipal court shall be signed by at least | 332 |
fifty qualified electors of the territory of the court. | 333 |
If no valid declaration of candidacy and petition is filed by | 342 |
any person for nomination as a candidate of a particular political | 343 |
party for election to the office of clerk of the Toledo municipal | 344 |
court, a primary election shall not be held for the purpose of | 345 |
nominating a candidate of that party for election to that office. | 346 |
If only one person files a valid declaration of candidacy and | 347 |
petition for nomination as a candidate of a particular political | 348 |
party for election to that office, a primary election shall not be | 349 |
held for the purpose of nominating a candidate of that party for | 350 |
election to that office, and the candidate shall be issued a | 351 |
certificate of nomination in the manner set forth in section | 352 |
3513.02 of the Revised Code. | 353 |
Declarations of candidacy and petitions, nominating | 354 |
petitions, and certificates of nomination for the office of clerk | 355 |
of the Toledo municipal court shall contain a designation of the | 356 |
term for which the candidate seeks election. At the following | 357 |
regular municipal election, all candidates for the office shall be | 358 |
submitted to the qualified electors of the territory of the court | 359 |
in the manner that is provided in section 1901.07 of the Revised | 360 |
Code for the election of the judges of the court. The clerk so | 361 |
elected shall hold office for a term of six years, which term | 362 |
shall commence on the first day of January following the clerk's | 363 |
election and continue until the clerk's successor is elected and | 364 |
qualified. | 365 |
(2)(a) Except for the Alliance, Auglaize county, Brown | 366 |
county, Columbiana county, Holmes county, Putnam county, Sandusky | 367 |
county, Lorain, Massillon, and Youngstown municipal courts, in a | 368 |
municipal court for which the population of the territory is less | 369 |
than one hundred thousand, the clerk shall be appointed by the | 370 |
court, and the clerk shall hold office until the clerk's successor | 371 |
is appointed and qualified. | 372 |
(c) In the Auglaize county, Brown county, Holmes county, | 376 |
Putnam county, and Sandusky county municipal courts, the clerks of | 377 |
courts of Auglaize county, Brown county, Holmes county, Putnam | 378 |
county, and Sandusky county shall be the clerks, respectively, of | 379 |
the Auglaize county, Brown county, Holmes county, Putnam county, | 380 |
and Sandusky county municipal courts and may appoint a chief | 381 |
deputy clerk for each branch office that is established pursuant | 382 |
to section 1901.311 of the Revised Code, and assistant clerks as | 383 |
the judge of the court determines are necessary, all of whom shall | 384 |
receive the compensation that the legislative authority | 385 |
prescribes. The clerks of courts of Auglaize county, Brown county, | 386 |
Holmes county, Putnam county, and Sandusky county, acting as the | 387 |
clerks of the Auglaize county, Brown county, Holmes county, Putnam | 388 |
county, and Sandusky county municipal courts and assuming the | 389 |
duties of these offices, shall receive compensation payable from | 390 |
the county treasury in semimonthly installments at one-fourth the | 391 |
rate that is prescribed for the clerks of courts of common pleas | 392 |
as determined in accordance with the population of the county and | 393 |
the rates set forth in sections 325.08 and 325.18 of the Revised | 394 |
Code. | 395 |
(d) In the Columbiana county municipal court, the clerk of | 396 |
courts of Columbiana county shall be the clerk of the municipal | 397 |
court, may appoint a chief deputy clerk for each branch office | 398 |
that is established pursuant to section 1901.311 of the Revised | 399 |
Code, and may appoint any assistant clerks that the judges of the | 400 |
court determine are necessary. All of the chief deputy clerks and | 401 |
assistant clerks shall receive the compensation that the | 402 |
legislative authority prescribes. The clerk of courts of | 403 |
Columbiana county, acting as the clerk of the Columbiana county | 404 |
municipal court and assuming the duties of that office, shall | 405 |
receive in either biweekly installments or semimonthly | 406 |
installments, as determined by the payroll administrator, | 407 |
compensation payable from the county treasury at one-fourth the | 408 |
rate that is prescribed for the clerks of courts of common pleas | 409 |
as determined in accordance with the population of the county and | 410 |
the rates set forth in sections 325.08 and 325.18 of the Revised | 411 |
Code. | 412 |
(B) Except in the Hamilton county, Montgomery county, Miami | 417 |
county, Portage county, and Wayne county municipal courts, if a | 418 |
vacancy occurs in the office of the clerk of the Alliance, Lorain, | 419 |
Massillon, or Youngstown municipal court or occurs in the office | 420 |
of the clerk of a municipal court for which the population of the | 421 |
territory equals or exceeds one hundred thousand because the clerk | 422 |
ceases to hold the office before the end of the clerk's term or | 423 |
because a clerk-elect fails to take office, the vacancy shall be | 424 |
filled, until a successor is elected and qualified, by a person | 425 |
chosen by the residents of the territory of the court who are | 426 |
members of the county central committee of the political party by | 427 |
which the last occupant of that office or the clerk-elect was | 428 |
nominated. Not less than five nor more than fifteen days after a | 429 |
vacancy occurs, those members of that county central committee | 430 |
shall meet to make an appointment to fill the vacancy. At least | 431 |
four days before the date of the meeting, the chairperson or a | 432 |
secretary of the county central committee shall notify each such | 433 |
member of that county central committee by first class mail of the | 434 |
date, time, and place of the meeting and its purpose. A majority | 435 |
of all such members of that county central committee constitutes a | 436 |
quorum, and a majority of the quorum is required to make the | 437 |
appointment. If the office so vacated was occupied or was to be | 438 |
occupied by a person not nominated at a primary election, or if | 439 |
the appointment was not made by the committee members in | 440 |
accordance with this division, the court shall make an appointment | 441 |
to fill the vacancy. A successor shall be elected to fill the | 442 |
office for the unexpired term at the first municipal election that | 443 |
is held more than one hundred thirty-five days after the vacancy | 444 |
occurred. | 445 |
(C)(1) In a municipal court, other than the Auglaize county, | 446 |
the Brown county, the Columbiana county, the Holmes county, the | 447 |
Putnam county, the Sandusky county, and the Lorain municipal | 448 |
courts, for which the population of the territory is less than one | 449 |
hundred thousand, the clerk of the municipal court shall receive | 450 |
the annual compensation that the presiding judge of the court | 451 |
prescribes, if the revenue of the court for the preceding calendar | 452 |
year, as certified by the auditor or chief fiscal officer of the | 453 |
municipal corporation in which the court is located or, in the | 454 |
case of a county-operated municipal court, the county auditor, is | 455 |
equal to or greater than the expenditures, including any debt | 456 |
charges, for the operation of the court payable under this chapter | 457 |
from the city treasury or, in the case of a county-operated | 458 |
municipal court, the county treasury for that calendar year, as | 459 |
also certified by the auditor or chief fiscal officer. If the | 460 |
revenue of a municipal court, other than the Auglaize county, the | 461 |
Brown county, the Columbiana county, the Putnam county, the | 462 |
Sandusky county, and the Lorain municipal courts, for which the | 463 |
population of the territory is less than one hundred thousand for | 464 |
the preceding calendar year as so certified is not equal to or | 465 |
greater than those expenditures for the operation of the court for | 466 |
that calendar year as so certified, the clerk of a municipal court | 467 |
shall receive the annual compensation that the legislative | 468 |
authority prescribes. As used in this division, "revenue" means | 469 |
the total of all costs and fees that are collected and paid to the | 470 |
city treasury or, in a county-operated municipal court, the county | 471 |
treasury by the clerk of the municipal court under division (F) of | 472 |
this section and all interest received and paid to the city | 473 |
treasury or, in a county-operated municipal court, the county | 474 |
treasury in relation to the costs and fees under division (G) of | 475 |
this section. | 476 |
(E) The clerk of a municipal court may do all of the | 496 |
following: administer oaths, take affidavits, and issue executions | 497 |
upon any judgment rendered in the court, including a judgment for | 498 |
unpaid costs; issue, sign, and attach the seal of the court to all | 499 |
writs, process, subpoenas, and papers issuing out of the court; | 500 |
and approve all bonds, sureties, recognizances, and undertakings | 501 |
fixed by any judge of the court or by law. The clerk may refuse to | 502 |
accept for filing any pleading or paper submitted for filing by a | 503 |
person who has been found to be a vexatious litigator under | 504 |
section 2323.52 of the Revised Code and who has failed to obtain | 505 |
leave to proceed under that section. The clerk shall do all of the | 506 |
following: file and safely keep all journals, records, books, and | 507 |
papers belonging or appertaining to the court; record the | 508 |
proceedings of the court; perform all other duties that the judges | 509 |
of the court may prescribe; and keep a book showing all receipts | 510 |
and disbursements, which book shall be open for public inspection | 511 |
at all times. | 512 |
The clerk shall prepare and maintain a general index, a | 513 |
docket, and other records that the court, by rule, requires, all | 514 |
of which shall be the public records of the court. In the docket, | 515 |
the clerk shall enter, at the time of the commencement of an | 516 |
action, the names of the parties in full, the names of the | 517 |
counsel, and the nature of the proceedings. Under proper dates, | 518 |
the clerk shall note the filing of the complaint, issuing of | 519 |
summons or other process, returns, and any subsequent pleadings. | 520 |
The clerk also shall enter all reports, verdicts, orders, | 521 |
judgments, and proceedings of the court, clearly specifying the | 522 |
relief granted or orders made in each action. The court may order | 523 |
an extended record of any of the above to be made and entered, | 524 |
under the proper action heading, upon the docket at the request of | 525 |
any party to the case, the expense of which record may be taxed as | 526 |
costs in the case or may be required to be prepaid by the party | 527 |
demanding the record, upon order of the court. | 528 |
(F) The clerk of a municipal court shall receive, collect, | 529 |
and issue receipts for all costs, fees, fines, bail, and other | 530 |
moneys payable to the office or to any officer of the court. The | 531 |
clerk shall eachon or before the twentieth day of the month | 532 |
following the month in which they are collected disburse to the | 533 |
proper persons or officers, and take receipts for, all costs, | 534 |
fees, fines, bail, and other moneys that the clerk collects. | 535 |
Subject to sections 307.515 and 4511.193 of the Revised Code and | 536 |
to any other section of the Revised Code that requires a specific | 537 |
manner of disbursement of any moneys received by a municipal court | 538 |
and except for the Hamilton county, Lawrence county, and Ottawa | 539 |
county municipal courts, the clerk shall pay all fines received | 540 |
for violation of municipal ordinances into the treasury of the | 541 |
municipal corporation the ordinance of which was violated and | 542 |
shall pay all fines received for violation of township resolutions | 543 |
adopted pursuant to section 503.52 or 503.53 or Chapter 504. of | 544 |
the Revised Code into the treasury of the township the resolution | 545 |
of which was violated. Subject to sections 1901.024 and 4511.193 | 546 |
of the Revised Code, in the Hamilton county, Lawrence county, and | 547 |
Ottawa county municipal courts, the clerk shall pay fifty per cent | 548 |
of the fines received for violation of municipal ordinances and | 549 |
fifty per cent of the fines received for violation of township | 550 |
resolutions adopted pursuant to section 503.52 or 503.53 or | 551 |
Chapter 504. of the Revised Code into the treasury of the county. | 552 |
Subject to sections 307.515, 4511.19, and 5503.04 of the Revised | 553 |
Code and to any other section of the Revised Code that requires a | 554 |
specific manner of disbursement of any moneys received by a | 555 |
municipal court, the clerk shall pay all fines collected for the | 556 |
violation of state laws into the county treasury. Except in a | 557 |
county-operated municipal court, the clerk shall pay all costs and | 558 |
fees the disbursement of which is not otherwise provided for in | 559 |
the Revised Code into the city treasury. The clerk of a | 560 |
county-operated municipal court shall pay the costs and fees the | 561 |
disbursement of which is not otherwise provided for in the Revised | 562 |
Code into the county treasury. Moneys deposited as security for | 563 |
costs shall be retained pending the litigation. The clerk shall | 564 |
keep a separate account of all receipts and disbursements in civil | 565 |
and criminal cases, which shall be a permanent public record of | 566 |
the office. On the expiration of the term of the clerk, the clerk | 567 |
shall deliver the records to the clerk's successor. The clerk | 568 |
shall have other powers and duties as are prescribed by rule or | 569 |
order of the court. | 570 |
(G) All moneys paid into a municipal court shall be noted on | 571 |
the record of the case in which they are paid and shall be | 572 |
deposited in a state or national bank, or a domestic savings and | 573 |
loan association, as defined in section 1151.01 of the Revised | 574 |
Code, that is selected by the clerk. Any interest received upon | 575 |
the deposits shall be paid into the city treasury, except that, in | 576 |
a county-operated municipal court, the interest shall be paid into | 577 |
the treasury of the county in which the court is located. | 578 |
On the first Monday in January of each year, the clerk shall | 579 |
make a list of the titles of all cases in the court that were | 580 |
finally determined more than one year past in which there remains | 581 |
unclaimed in the possession of the clerk any funds, or any part of | 582 |
a deposit for security of costs not consumed by the costs in the | 583 |
case. The clerk shall give notice of the moneys to the parties who | 584 |
are entitled to the moneys or to their attorneys of record. All | 585 |
the moneys remaining unclaimed on the first day of April of each | 586 |
year shall be paid by the clerk to the city treasurer, except | 587 |
that, in a county-operated municipal court, the moneys shall be | 588 |
paid to the treasurer of the county in which the court is located. | 589 |
The treasurer shall pay any part of the moneys at any time to the | 590 |
person who has the right to the moneys upon proper certification | 591 |
of the clerk. | 592 |
(H) Deputy clerks of a municipal court other than the Carroll | 593 |
county municipal court may be appointed by the clerk and shall | 594 |
receive the compensation, payable in either biweekly installments | 595 |
or semimonthly installments, as determined by the payroll | 596 |
administrator, out of the city treasury, that the clerk may | 597 |
prescribe, except that the compensation of any deputy clerk of a | 598 |
county-operated municipal court shall be paid out of the treasury | 599 |
of the county in which the court is located. The judge of the | 600 |
Carroll county municipal court may appoint deputy clerks for the | 601 |
court, and the deputy clerks shall receive the compensation, | 602 |
payable in biweekly installments out of the county treasury, that | 603 |
the judge may prescribe. Each deputy clerk shall take an oath of | 604 |
office before entering upon the duties of the deputy clerk's | 605 |
office and, when so qualified, may perform the duties appertaining | 606 |
to the office of the clerk. The clerk may require any of the | 607 |
deputy clerks to give bond of not less than three thousand | 608 |
dollars, conditioned for the faithful performance of the deputy | 609 |
clerk's duties. | 610 |
(B) If a person is charged with an offense in municipal court | 634 |
and either fails to appear in court at the required time and place | 635 |
to answer the charge or pleads guilty to or is found guilty of the | 636 |
offense and fails within the time allowed by the court to pay any | 637 |
fine or costs imposed by the court, unless the court previously | 638 |
has given written notice to the person, the court shall send the | 639 |
person a notice by ordinary mail at the person's last known | 640 |
address stating that there is a balance due, specifying the amount | 641 |
of the balance due, and directing the person to contact the court | 642 |
clerk's office within ten days of the date of the notice. The | 643 |
notice shall include the sentence: "WARNING: Failure to timely | 644 |
respond to this notice may result in the blocking of your motor | 645 |
vehicle registration or transfer of registration!" To avoid a | 646 |
block on the person's motor vehicle registration or transfer of | 647 |
registration, the person may enter into a written agreement with | 648 |
the court to pay the balance due in installments or to perform | 649 |
community service in lieu of payment. The agreement shall include | 650 |
the sentence: "WARNING: Failure to comply with the payment | 651 |
schedule or to complete your community service requirement may | 652 |
result in the blocking of your motor vehicle registration or | 653 |
transfer of registration!" | 654 |
If a person does not enter into an agreement under this | 655 |
division or if a person fails to comply with an agreement entered | 656 |
into under this division, the court may enter information relative | 657 |
to the person's failure to pay any outstanding amount of the fine | 658 |
or costs on a form prescribed or approved by the registrar | 659 |
pursuant to division (C) of this section and send the form to the | 660 |
registrar. Upon receipt of the form, the registrar shall take any | 661 |
measures necessary to ensure that neither the registrar nor any | 662 |
deputy registrar accepts any application for the registration or | 663 |
transfer of registration of any motor vehicle owned or leased by | 664 |
the person. However, for a motor vehicle leased by the person, the | 665 |
registrar shall not implement this requirement until the registrar | 666 |
adopts procedures for that implementation under section 4503.39 of | 667 |
the Revised Code. | 668 |
(B) If a person is charged with an offense in mayor's court | 699 |
and either fails to appear in court at the required time and place | 700 |
to answer the charge or pleads guilty to or is found guilty of the | 701 |
offense and fails within the time allowed by the court to pay any | 702 |
fine or costs imposed by the court, unless the court previously | 703 |
has given written notice to the person, the court shall send the | 704 |
person a notice by ordinary mail at the person's last known | 705 |
address stating that there is a balance due, specifying the amount | 706 |
of the balance due, and directing the person to contact the court | 707 |
clerk's office within ten days of the date of the notice. The | 708 |
notice shall include the sentence: "WARNING: Failure to timely | 709 |
respond to this notice may result in the blocking of your motor | 710 |
vehicle registration or transfer of registration!" To avoid a | 711 |
block on the person's motor vehicle registration or transfer of | 712 |
registration, the person may enter into a written agreement with | 713 |
the court to pay the balance due in installments or to perform | 714 |
community service in lieu of payment. The agreement shall include | 715 |
the sentence: "WARNING: Failure to comply with the payment | 716 |
schedule or to complete your community service requirement may | 717 |
result in the blocking of your motor vehicle registration or | 718 |
transfer of registration!" | 719 |
If a person does not enter into an agreement under this | 720 |
division or if a person fails to comply with an agreement entered | 721 |
into under this division, the court may enter information relative | 722 |
to the person's failure to pay any outstanding amount of the fine | 723 |
or costs on a form prescribed or approved by the registrar | 724 |
pursuant to division (C) of this section and send the form to the | 725 |
registrar. Upon receipt of the form, the registrar shall take any | 726 |
measures necessary to ensure that neither the registrar nor any | 727 |
deputy registrar accepts any application for the registration or | 728 |
transfer of registration of any motor vehicle owned or leased by | 729 |
the person. However, for a motor vehicle leased by the person, the | 730 |
registrar shall not implement this requirement until the registrar | 731 |
adopts procedures for that implementation under section 4503.39 of | 732 |
the Revised Code. | 733 |
Sec. 1907.20. (A) The clerk of courts shall be the clerk of | 753 |
the county court, except that the board of county commissioners, | 754 |
with the concurrence of the county court judges, may appoint a | 755 |
clerk for each county court judge, who shall serve at the pleasure | 756 |
of the board and shall receive compensation as set by the board, | 757 |
payable in semimonthly installments from the treasury of the | 758 |
county. An appointed clerk, before entering upon the duties of the | 759 |
office, shall give bond of not less than five thousand dollars, as | 760 |
determined by the board of county commissioners, conditioned upon | 761 |
the faithful performance of the clerk's duties. | 762 |
The clerks of courts of common pleas, when acting as the | 763 |
clerks of county courts, and upon assuming their county court | 764 |
duties, shall receive compensation at one-fourth the rate | 765 |
prescribed for the clerks of courts of common pleas as determined | 766 |
in accordance with the population of the county and the rates set | 767 |
forth in sections 325.08 and 325.18 of the Revised Code. This | 768 |
compensation shall be paid from the county treasury in semimonthly | 769 |
installments and is in addition to the annual compensation | 770 |
received for the performance of the duties of the clerk of a court | 771 |
of common pleas as provided in sections 325.08 and 325.18 of the | 772 |
Revised Code. | 773 |
(B) The clerk of a county court shall have general powers to | 774 |
administer oaths, take affidavits, and issue executions upon any | 775 |
judgment rendered in the county court, including a judgment for | 776 |
unpaid costs, power to issue and sign all writs, process, | 777 |
subpoenas, and papers issuing out of the court, and to attach the | 778 |
seal of the court to them, and power to approve all bonds, | 779 |
sureties, recognizances, and undertakings fixed by any judge of | 780 |
the court or by law. The clerk shall file and safely keep all | 781 |
journals, records, books, and papers belonging or appertaining to | 782 |
the court, record its proceedings, perform all other duties that | 783 |
the judges of the court may prescribe, and keep a book showing all | 784 |
receipts and disbursements, which shall be open for public | 785 |
inspection at all times. The clerk may refuse to accept for filing | 786 |
any pleading or paper submitted for filing by a person who has | 787 |
been found to be a vexatious litigator under section 2323.52 of | 788 |
the Revised Code and who has failed to obtain leave to proceed | 789 |
under that section. | 790 |
The clerk shall prepare and maintain a general index, a | 791 |
docket as prescribed by the court, which shall be furnished by the | 792 |
board of county commissioners, and such other records as the | 793 |
court, by rule, requires, all of which shall be the public records | 794 |
of the court. In the docket, the clerk shall enter at times of the | 795 |
commencement of an action, the names of the parties in full, the | 796 |
names of the counsel, and the nature of the proceedings. Under | 797 |
proper dates, the clerk shall note the filing of the complaint, | 798 |
issuing of summons or other process, returns, and pleadings | 799 |
subsequent thereto. The clerk also shall enter all reports, | 800 |
verdicts, orders, judgments, and proceedings of the court, clearly | 801 |
specifying the relief granted or orders made in each action. The | 802 |
court may order an extended record of any of the above to be made | 803 |
and entered, under the proper action heading, upon the docket at | 804 |
the request of any party to the case, the expense of which may be | 805 |
taxed as costs in the case or may be required to be prepaid by the | 806 |
party demanding the extended record, upon order of the court. | 807 |
(C) The clerk of a county court shall receive and collect all | 808 |
costs, fees, fines, penalties, bail, and other moneys payable to | 809 |
the office or to any officer of the court and issue receipts | 810 |
therefor, and shall eachon or before the twentieth day of the | 811 |
month following the month in which they are collected disburse the | 812 |
costs, fees, fines, penalties, bail, and other moneys to the | 813 |
proper persons or officers and take receipts therefor. Subject to | 814 |
sections 307.515, 4511.19, 4511.193, and 5503.04 of the Revised | 815 |
Code and all other statutes that require a different distribution | 816 |
of fines, fines received for violations of municipal ordinances | 817 |
shall be paid into the treasury of the municipal corporation whose | 818 |
ordinance was violated, fines received for violations of township | 819 |
resolutions adopted pursuant to section 503.52 or 503.53 or | 820 |
Chapter 504. of the Revised Code shall be paid into the treasury | 821 |
of the township whose resolution was violated, and fines collected | 822 |
for the violation of state laws shall be paid into the county | 823 |
treasury. Moneys deposited as security for costs shall be retained | 824 |
pending the litigation. | 825 |
(D) All moneys paid into a county court shall be noted on the | 833 |
record of the case in which they are paid and shall be deposited | 834 |
in a state or national bank selected by the clerk. On the first | 835 |
Monday in January of each year, the clerk shall make a list of the | 836 |
titles of all cases in the county court that were finally | 837 |
determined more than one year past in which there remains | 838 |
unclaimed in the possession of the clerk any funds, or any part of | 839 |
a deposit for security of costs not consumed by the costs in the | 840 |
case. The clerk shall give notice of the moneys to the parties | 841 |
entitled to them or to their attorneys of record. All the moneys | 842 |
remaining unclaimed on the first day of April of each year shall | 843 |
be paid by the clerk to the county treasurer. Any part of the | 844 |
moneys shall be paid by the county treasurer at any time to the | 845 |
person having the right to them, upon proper certification of the | 846 |
clerk. | 847 |
(E)(1) In county court districts having appointed clerks, | 848 |
deputy clerks may be appointed by the board of county | 849 |
commissioners. Clerks and deputy clerks shall receive such | 850 |
compensation payable in semimonthly installments out of the county | 851 |
treasury as the board may prescribe. Each deputy clerk shall take | 852 |
an oath of office before entering upon the duties of the deputy | 853 |
clerk's office and, when so qualified, may perform the duties | 854 |
appertaining to the office of the clerk. The clerk may require any | 855 |
of the deputy clerks to give bond of not less than three thousand | 856 |
dollars, conditioned for the faithful performance of the deputy | 857 |
clerk's duties. | 858 |
(F)(1) In county court districts having appointed clerks, the | 870 |
board of county commissioners may order the establishment of one | 871 |
or more branch offices of the clerk and, with the concurrence of | 872 |
the county judges, may appoint a special deputy clerk to | 873 |
administer each branch office. Each special deputy clerk shall | 874 |
take an oath of office before entering upon the duties of the | 875 |
deputy clerk's office and, when so qualified, may perform any one | 876 |
or more of the duties appertaining to the office of clerk, as the | 877 |
board prescribes. Special deputy clerks shall receive such | 878 |
compensation payable in semimonthly installments out of the county | 879 |
treasury as the board may prescribe. The board may require any of | 880 |
the special deputy clerks to give bond of not less than three | 881 |
thousand dollars, conditioned for the faithful performance of the | 882 |
deputy clerk's duties. | 883 |
(2) A clerk of courts acting as clerk of the county court may | 889 |
establish one or more branch offices for the clerk's duties as | 890 |
clerk of the county court and, with the concurrence of the county | 891 |
court judges, may appoint a special deputy clerk to administer | 892 |
each branch office. Each special deputy clerk shall take an oath | 893 |
of office before entering upon the deputy clerk's duties and, when | 894 |
so qualified, may perform any of the duties pertaining to the | 895 |
office of clerk, as the clerk of courts prescribes. The clerk of | 896 |
courts may require any of the special deputy clerks to give bond | 897 |
of not less than three thousand dollars, conditioned for the | 898 |
faithful performance of the deputy clerk's duties. | 899 |
(B) If a person is charged with an offense in county court | 917 |
and either fails to appear in court at the required time and place | 918 |
to answer the charge or pleads guilty to or is found guilty of the | 919 |
offense and fails within the time allowed by the court to pay any | 920 |
fine or costs imposed by the court, unless the court previously | 921 |
has given written notice to the person, the court shall send the | 922 |
person a notice by ordinary mail at the person's last known | 923 |
address stating that there is a balance due, specifying the amount | 924 |
of the balance due, and directing the person to contact the court | 925 |
clerk's office within ten days of the date of the notice. The | 926 |
notice shall include the sentence: "WARNING: Failure to timely | 927 |
respond to this notice may result in the blocking of your motor | 928 |
vehicle registration or transfer of registration!" To avoid a | 929 |
block on the person's motor vehicle registration or transfer of | 930 |
registration, the person may enter into a written agreement with | 931 |
the court to pay the balance due in installments or to perform | 932 |
community service in lieu of payment. The agreement shall include | 933 |
the sentence: "WARNING: Failure to comply with the payment | 934 |
schedule or to complete your community service requirement may | 935 |
result in the blocking of your motor vehicle registration or | 936 |
transfer of registration!" | 937 |
If a person does not enter into an agreement under this | 938 |
division or if a person fails to comply with an agreement entered | 939 |
into under this division, the court may enter information relative | 940 |
to the person's failure to pay any outstanding amount of the fine | 941 |
or costs on a form prescribed or approved by the registrar | 942 |
pursuant to division (C) of this section and send the form to the | 943 |
registrar. Upon receipt of the form, the registrar shall take any | 944 |
measures necessary to ensure that neither the registrar nor any | 945 |
deputy registrar accepts any application for the registration or | 946 |
transfer of registration of any motor vehicle owned or leased by | 947 |
the person. However, for a motor vehicle leased by the person, the | 948 |
registrar shall not implement this requirement until the registrar | 949 |
adopts procedures for that implementation under section 4503.39 of | 950 |
the Revised Code. | 951 |
Sec. 1907.261. (A)(1) A county court may determine that for | 978 |
the efficient operation of the court additional funds are required | 979 |
to computerize the court, to make available computerized legal | 980 |
research services, or to do both. Upon making a determination that | 981 |
additional funds are required for either or both of those | 982 |
purposes, the court shall include in its schedule of fees and | 983 |
costs under section 1907.24 of the Revised Code one additional fee | 984 |
not to exceed three dollars on the filing of each cause of action | 985 |
or appeal equivalent to one described in division (A), (Q), or (U) | 986 |
of section 2303.20 of the Revised Code and shall direct the clerk | 987 |
of the court to charge the fee. | 988 |
(2) All fees collected under this section shall be paid on or | 989 |
before the twentieth day of the month following the month in which | 990 |
they are collected to the county treasurer. The treasurer shall | 991 |
place the funds from the fees in a separate fund to be disbursed | 992 |
either upon an order of the court, subject to an appropriation by | 993 |
the board of county commissioners, or upon an order of the court, | 994 |
subject to the court making an annual report available to the | 995 |
public listing the use of all such funds, in an amount not greater | 996 |
than the actual cost to the court of computerizing the court, | 997 |
procuring and maintaining computerized legal research services, or | 998 |
both. | 999 |
(3) If the court determines that the funds in the fund | 1000 |
described in division (A)(2) of this section are more than | 1001 |
sufficient to satisfy the purpose for which the additional fee | 1002 |
described in division (A)(1) of this section was imposed, the | 1003 |
court may declare a surplus in the fund and, subject to an | 1004 |
appropriation by the board of county commissioners, expend those | 1005 |
surplus funds, or upon an order of the court, subject to the court | 1006 |
making an annual report available to the public listing the use of | 1007 |
all such funds, expend those surplus funds, for other appropriate | 1008 |
technological expenses of the court. | 1009 |
(B)(1) A county court may determine that, for the efficient | 1010 |
operation of the court, additional funds are required to | 1011 |
computerize the office of the clerk of the court and, upon that | 1012 |
determination, may include in its schedule of fees and costs under | 1013 |
section 1907.24 of the Revised Code an additional fee not to | 1014 |
exceed ten dollars on the filing of each cause of action or | 1015 |
appeal, on the filing, docketing, and endorsing of each | 1016 |
certificate of judgment, or on the docketing and indexing of each | 1017 |
aid in execution or petition to vacate, revive, or modify a | 1018 |
judgment that is equivalent to one described in division (A), (P), | 1019 |
(Q), (T), or (U) of section 2303.20 of the Revised Code. Subject | 1020 |
to division (B)(2) of this section, all moneys collected under | 1021 |
division (B)(1) of this section shall be paid on or before the | 1022 |
twentieth day of the month following the month in which they are | 1023 |
collected to the county treasurer. The treasurer shall place the | 1024 |
funds from the fees in a separate fund to be disbursed, upon an | 1025 |
order of the county court and subject to an appropriation by the | 1026 |
board of county commissioners, in an amount no greater than the | 1027 |
actual cost to the court of procuring and maintaining computer | 1028 |
systems for the office of the clerk of the county court. | 1029 |
(2) If a county court makes the determination described in | 1030 |
division (B)(1) of this section, the board of county commissioners | 1031 |
of that county may issue one or more general obligation bonds for | 1032 |
the purpose of procuring and maintaining the computer systems for | 1033 |
the office of the clerk of the county court. In addition to the | 1034 |
purposes stated in division (B)(1) of this section for which the | 1035 |
moneys collected under that division may be expended, the moneys | 1036 |
additionally may be expended to pay debt charges and financing | 1037 |
costs related to any general obligation bonds issued pursuant to | 1038 |
division (B)(2) of this section as they become due. General | 1039 |
obligation bonds issued pursuant to division (B)(2) of this | 1040 |
section are Chapter 133. securities. | 1041 |
Sec. 2303.201. (A)(1) The court of common pleas of any | 1042 |
county may determine that for the efficient operation of the court | 1043 |
additional funds are required to computerize the court, to make | 1044 |
available computerized legal research services, or to do both. | 1045 |
Upon making a determination that additional funds are required for | 1046 |
either or both of those purposes, the court shall authorize and | 1047 |
direct the clerk of the court of common pleas to charge one | 1048 |
additional fee, not to exceed threesix dollars, on the filing of | 1049 |
each cause of action or appeal under divisions (A), (Q), and (U) | 1050 |
of section 2303.20 of the Revised Code. | 1051 |
(2) All fees collected under division (A)(1) of this section | 1052 |
shall be paid to the county treasurer. The treasurer shall place | 1053 |
the funds from the fees in a separate fund to be disbursed either | 1054 |
upon an order of the court, subject to an appropriation by the | 1055 |
board of county commissioners, or upon an order of the court, | 1056 |
subject to the court making an annual report available to the | 1057 |
public listing the use of all such funds, in an amount not greater | 1058 |
than the actual cost to the court of procuring and maintaining | 1059 |
computerization of the court, computerized legal research | 1060 |
services, or both. | 1061 |
(3) If the court determines that the funds in the fund | 1062 |
described in division (A)(2) of this section are more than | 1063 |
sufficient to satisfy the purpose for which the additional fee | 1064 |
described in division (A)(1) of this section was imposed, the | 1065 |
court may declare a surplus in the fund and, subject to an | 1066 |
appropriation by the board of county commissioners, expend those | 1067 |
surplus funds, or upon an order of the court, subject to the court | 1068 |
making an annual report available to the public listing the use of | 1069 |
all such funds, expend those surplus funds, for other appropriate | 1070 |
technological expenses of the court. | 1071 |
(B)(1) The court of common pleas of any county may determine | 1072 |
that, for the efficient operation of the court, additional funds | 1073 |
are required to make technological advances in or to computerize | 1074 |
the office of the clerk of the court of common pleas and, upon | 1075 |
that determination, authorize and direct the clerk of the court of | 1076 |
common pleas to charge an additional fee, not to exceed tentwenty | 1077 |
dollars, on the filing of each cause of action or appeal, on the | 1078 |
filing, docketing, and endorsing of each certificate of judgment, | 1079 |
or on the docketing and indexing of each aid in execution or | 1080 |
petition to vacate, revive, or modify a judgment under divisions | 1081 |
(A), (P), (Q), (T), and (U) of section 2303.20 of the Revised Code | 1082 |
and not to exceed one dollar each for the services described in | 1083 |
divisions (B), (C), (D), (F), (H), and (L) of section 2303.20 of | 1084 |
the Revised Code. Subject to division (B)(2) of this section, all | 1085 |
moneys collected under division (B)(1) of this section shall be | 1086 |
paid to the county treasurer to be disbursed, upon an order of the | 1087 |
court of common pleas and subject to appropriation by the board of | 1088 |
county commissioners, in an amount no greater than the actual cost | 1089 |
to the court of procuring and maintaining technology and computer | 1090 |
systems for the office of the clerk of the court of common pleas. | 1091 |
(2) If the court of common pleas of a county makes the | 1092 |
determination described in division (B)(1) of this section, the | 1093 |
board of county commissioners of that county may issue one or more | 1094 |
general obligation bonds for the purpose of procuring and | 1095 |
maintaining the technology and computer systems for the office of | 1096 |
the clerk of the court of common pleas. In addition to the | 1097 |
purposes stated in division (B)(1) of this section for which the | 1098 |
moneys collected under that division may be expended, the moneys | 1099 |
additionally may be expended to pay debt charges on and financing | 1100 |
costs related to any general obligation bonds issued pursuant to | 1101 |
division (B)(2) of this section as they become due. General | 1102 |
obligation bonds issued pursuant to division (B)(2) of this | 1103 |
section are Chapter 133. securities. | 1104 |
(C) The court of common pleas shall collect the sum of | 1105 |
twenty-six dollars as additional filing fees in each new civil | 1106 |
action or proceeding for the charitable public purpose of | 1107 |
providing financial assistance to legal aid societies that operate | 1108 |
within the state and to support the office of the state public | 1109 |
defender. This division does not apply to proceedings concerning | 1110 |
annulments, dissolutions of marriage, divorces, legal separation, | 1111 |
spousal support, marital property or separate property | 1112 |
distribution, support, or other domestic relations matters; to a | 1113 |
juvenile division of a court of common pleas; to a probate | 1114 |
division of a court of common pleas, except that the additional | 1115 |
filing fees shall apply to name change, guardianship, adoption, | 1116 |
and decedents' estate proceedings; or to an execution on a | 1117 |
judgment, proceeding in aid of execution, or other post-judgment | 1118 |
proceeding arising out of a civil action. The filing fees required | 1119 |
to be collected under this division shall be in addition to any | 1120 |
other filing fees imposed in the action or proceeding and shall be | 1121 |
collected at the time of the filing of the action or proceeding. | 1122 |
The court shall not waive the payment of the additional filing | 1123 |
fees in a new civil action or proceeding unless the court waives | 1124 |
the advanced payment of all filing fees in the action or | 1125 |
proceeding. All such moneys collected during a month except for an | 1126 |
amount equal to up to one per cent of those moneys retained to | 1127 |
cover administrative costs shall be transmitted on or before the | 1128 |
twentieth day of the following month by the clerk of the court to | 1129 |
the treasurer of state in a manner prescribed by the treasurer of | 1130 |
state or by the Ohio legal assistance foundation. The treasurer of | 1131 |
state shall deposit four per cent of the funds collected under | 1132 |
this division to the credit of the civil case filing fee fund | 1133 |
established under section 120.07 of the Revised Code and | 1134 |
ninety-six per cent of the funds collected under this division to | 1135 |
the credit of the legal aid fund established under section 120.52 | 1136 |
of the Revised Code. | 1137 |
The court may retain up to one per cent of the moneys it | 1138 |
collects under this division to cover administrative costs, | 1139 |
including the hiring of any additional personnel necessary to | 1140 |
implement this division. If the court fails to transmit to the | 1141 |
treasurer of state the moneys the court collects under this | 1142 |
division in a manner prescribed by the treasurer of state or by | 1143 |
the Ohio legal assistance foundation, the court shall forfeit the | 1144 |
moneys the court retains under this division to cover | 1145 |
administrative costs, including the hiring of any additional | 1146 |
personnel necessary to implement this division, and shall transmit | 1147 |
to the treasurer of state all moneys collected under this | 1148 |
division, including the forfeited amount retained for | 1149 |
administrative costs, for deposit in the legal aid fund. | 1150 |
(D) On and after the thirtieth day after December 9, 1994, | 1151 |
the court of common pleas shall collect the sum of thirty-two | 1152 |
dollars as additional filing fees in each new action or proceeding | 1153 |
for annulment, divorce, or dissolution of marriage for the purpose | 1154 |
of funding shelters for victims of domestic violence pursuant to | 1155 |
sections 3113.35 to 3113.39 of the Revised Code. The filing fees | 1156 |
required to be collected under this division shall be in addition | 1157 |
to any other filing fees imposed in the action or proceeding and | 1158 |
shall be collected at the time of the filing of the action or | 1159 |
proceeding. The court shall not waive the payment of the | 1160 |
additional filing fees in a new action or proceeding for | 1161 |
annulment, divorce, or dissolution of marriage unless the court | 1162 |
waives the advanced payment of all filing fees in the action or | 1163 |
proceeding. On or before the twentieth day of each month, all | 1164 |
moneys collected during the immediately preceding month pursuant | 1165 |
to this division shall be deposited by the clerk of the court into | 1166 |
the county treasury in the special fund used for deposit of | 1167 |
additional marriage license fees as described in section 3113.34 | 1168 |
of the Revised Code. Upon their deposit into the fund, the moneys | 1169 |
shall be retained in the fund and expended only as described in | 1170 |
section 3113.34 of the Revised Code. | 1171 |
(E)(1) The court of common pleas may determine that, for the | 1172 |
efficient operation of the court, additional funds are necessary | 1173 |
to acquire and pay for special projects of the court, including, | 1174 |
but not limited to, the acquisition of additional facilities or | 1175 |
the rehabilitation of existing facilities, the acquisition of | 1176 |
equipment, the hiring and training of staff, community service | 1177 |
programs, mediation or dispute resolution services, the employment | 1178 |
of magistrates, the training and education of judges, acting | 1179 |
judges, and magistrates, and other related services. Upon that | 1180 |
determination, the court by rule may charge a fee, in addition to | 1181 |
all other court costs, on the filing of each criminal cause, civil | 1182 |
action or proceeding, or judgment by confession. | 1183 |
All moneys collected under division (E) of this section shall | 1191 |
be paid to the county treasurer for deposit into either a general | 1192 |
special projects fund or a fund established for a specific special | 1193 |
project. Moneys from a fund of that nature shall be disbursed upon | 1194 |
an order of the court, subject to an appropriation by the board of | 1195 |
county commissioners, in an amount no greater than the actual cost | 1196 |
to the court of a project. If a specific fund is terminated | 1197 |
because of the discontinuance of a program or service established | 1198 |
under division (E) of this section, the court may order, subject | 1199 |
to an appropriation by the board of county commissioners, that | 1200 |
moneys remaining in the fund be transferred to an account | 1201 |
established under this division for a similar purpose. | 1202 |
(a) "Criminal cause" means a charge alleging the violation of | 1204 |
a statute or ordinance, or subsection of a statute or ordinance, | 1205 |
that requires a separate finding of fact or a separate plea before | 1206 |
disposition and of which the defendant may be found guilty, | 1207 |
whether filed as part of a multiple charge on a single summons, | 1208 |
citation, or complaint or as a separate charge on a single | 1209 |
summons, citation, or complaint. "Criminal cause" does not include | 1210 |
separate violations of the same statute or ordinance, or | 1211 |
subsection of the same statute or ordinance, unless each charge is | 1212 |
filed on a separate summons, citation, or complaint. | 1213 |
Sec. 2929.12. (A) Unless otherwise required by section | 1216 |
2929.13 or 2929.14 of the Revised Code, a court that imposes a | 1217 |
sentence under this chapter upon an offender for a felony has | 1218 |
discretion to determine the most effective way to comply with the | 1219 |
purposes and principles of sentencing set forth in section 2929.11 | 1220 |
of the Revised Code. In exercising that discretion, the court | 1221 |
shall consider the factors set forth in divisions (B) and (C) of | 1222 |
this section relating to the seriousness of the conduct and, the | 1223 |
factors provided in divisions (D) and (E) of this section relating | 1224 |
to the likelihood of the offender's recidivism, and the factors | 1225 |
set forth in division (F) of this section pertaining to the | 1226 |
offender's service in the armed forces of the United States and, | 1227 |
in addition, may consider any other factors that are relevant to | 1228 |
achieving those purposes and principles of sentencing. | 1229 |
(C) Before imposing a jail term as a sentence for a | 1372 |
misdemeanor, a court shall consider the appropriateness of | 1373 |
imposing a community control sanction or a combination of | 1374 |
community control sanctions under sections 2929.25, 2929.26, | 1375 |
2929.27, and 2929.28 of the Revised Code. A court may impose the | 1376 |
longest jail term authorized under section 2929.24 of the Revised | 1377 |
Code only upon offenders who commit the worst forms of the offense | 1378 |
or upon offenders whose conduct and response to prior sanctions | 1379 |
for prior offenses demonstrate that the imposition of the longest | 1380 |
jail term is necessary to deter the offender from committing a | 1381 |
future crime. | 1382 |
Sec. 2947.09. (A) If a person is charged with an offense in | 1394 |
a court of common pleas and either fails to appear in court at the | 1395 |
required time and place to answer the charge or pleads guilty to | 1396 |
or is found guilty of the offense and fails within the time | 1397 |
allowed by the court to pay any fine or costs imposed by the | 1398 |
court, unless the court previously has given written notice to the | 1399 |
person, the court shall send the person a notice by ordinary mail | 1400 |
at the person's last known address stating that there is a balance | 1401 |
due, specifying the amount of the balance due, and directing the | 1402 |
person to contact the court clerk's office within ten days of the | 1403 |
date of the notice. The notice shall include the sentence: | 1404 |
"WARNING: Failure to timely respond to this notice may result in | 1405 |
the blocking of your motor vehicle registration or transfer of | 1406 |
registration!" To avoid a block on the person's motor vehicle | 1407 |
registration or transfer of registration, the person may enter | 1408 |
into a written agreement with the court to pay the balance due in | 1409 |
installments or to perform community service in lieu of payment. | 1410 |
The agreement shall include the sentence: "WARNING: Failure to | 1411 |
comply with the payment schedule or to complete your community | 1412 |
service requirement may result in the blocking of your motor | 1413 |
vehicle registration or transfer of registration!" | 1414 |
If a person does not enter into an agreement under this | 1415 |
division or if a person fails to comply with an agreement entered | 1416 |
into under this division, the court may enter information relative | 1417 |
to the person's failure to pay any outstanding amount of the fine | 1418 |
or costs on a form prescribed or approved by the registrar | 1419 |
pursuant to division (B) of this section and send the form to the | 1420 |
registrar. Upon receipt of the form, the registrar shall take any | 1421 |
measures necessary to ensure that neither the registrar nor any | 1422 |
deputy registrar accepts any application for the registration or | 1423 |
transfer of registration of any motor vehicle owned or leased by | 1424 |
the person. However, for a motor vehicle leased by the person, the | 1425 |
registrar shall not implement this requirement until the registrar | 1426 |
adopts procedures for that implementation under section 4503.39 of | 1427 |
the Revised Code. | 1428 |
Sec. 4503.39. With regard to a motor vehicle leased by or in | 1449 |
the name of a person named in a suspension order or who is | 1450 |
precluded from registering or transferring registration of a motor | 1451 |
vehicle because of a failure to pay a fine or court costs, the | 1452 |
registrar of motor vehicles shall adopt procedures as indicated in | 1453 |
division (B) of section 1901.44, division (B) of section 1905.202, | 1454 |
division (B) of section 1907.25, division (D) of section 2935.27, | 1455 |
division (A) of section 2937.221, division (A) of section 2947.09, | 1456 |
and division (B) of section 4510.22 of the Revised Code. The | 1457 |
procedures shall prescribe the information and methodology | 1458 |
necessary to implement those divisions. | 1459 |