Sec. 1901.261. (A)(1) A municipal court may determine that | 39 |
for the efficient operation of the court additional funds are | 40 |
required to computerize the court, to make available computerized | 41 |
legal research services, or to do both. Upon making a | 42 |
determination that additional funds are required for either or | 43 |
both of those purposes, the court shall include in its schedule of | 44 |
fees and costs under section 1901.26 of the Revised Code one | 45 |
additional fee not to exceed three dollars on the filing of each | 46 |
cause of action or appeal equivalent to one described in division | 47 |
(A), (Q), or (U) of section 2303.20 of the Revised Code and shall | 48 |
direct the clerk of the court to charge the fee. | 49 |
(2) All fees collected under this section shall be paid on or | 50 |
before the twentieth day of the month following the month in which | 51 |
they are collected to the county treasurer if the court is a | 52 |
county-operated municipal court or to the city treasurer if the | 53 |
court is not a county-operated municipal court. The treasurer | 54 |
shall place the funds from the fees in a separate fund to be | 55 |
disbursed upon an order of the court, subject to an appropriation | 56 |
by the board of county commissioners if the court is a | 57 |
county-operated municipal court or by the legislative authority of | 58 |
the municipal corporation if the court is not a county-operated | 59 |
municipal court, or upon an order of the court, subject to the | 60 |
court making an annual report available to the public listing the | 61 |
use of all such funds, in an amount not greater than the actual | 62 |
cost to the court of computerizing the court, procuring and | 63 |
maintaining computerized legal research services, or both. | 64 |
(3) If the court determines that the funds in the fund | 65 |
described in division (A)(2) of this section are more than | 66 |
sufficient to satisfy the purpose for which the additional fee | 67 |
described in division (A)(1) of this section was imposed, the | 68 |
court may declare a surplus in the fund and, subject to an | 69 |
appropriation by the board of county commissioners if the court is | 70 |
a county-operated municipal court or by the legislative authority | 71 |
of the municipal corporation if the court is not a county-operated | 72 |
municipal court, expend those surplus funds, or upon an order of | 73 |
the court, subject to the court making an annual report available | 74 |
to the public listing the use of all such funds, expend those | 75 |
surplus funds, for other appropriate technological expenses of the | 76 |
court. | 77 |
(B)(1) A municipal court may determine that, for the | 78 |
efficient operation of the court, additional funds are required to | 79 |
computerize the office of the clerk of the court and, upon that | 80 |
determination, may include in its schedule of fees and costs under | 81 |
section 1901.26 of the Revised Code an additional fee not to | 82 |
exceed ten dollars on the filing of each cause of action or | 83 |
appeal, on the filing, docketing, and endorsing of each | 84 |
certificate of judgment, or on the docketing and indexing of each | 85 |
aid in execution or petition to vacate, revive, or modify a | 86 |
judgment that is equivalent to one described in division (A), (P), | 87 |
(Q), (T), or (U) of section 2303.20 of the Revised Code. Subject | 88 |
to division (B)(2) of this section, all moneys collected under | 89 |
division (B)(1) of this section shall be paid on or before the | 90 |
twentieth day of the month following the month in which they are | 91 |
collected to the county treasurer if the court is a | 92 |
county-operated municipal court or to the city treasurer if the | 93 |
court is not a county-operated municipal court. The treasurer | 94 |
shall place the funds from the fees in a separate fund to be | 95 |
disbursed, upon an order of the municipal court and subject to an | 96 |
appropriation by the board of county commissioners if the court is | 97 |
a county-operated municipal court or by the legislative authority | 98 |
of the municipal corporation if the court is not a county-operated | 99 |
municipal court, in an amount no greater than the actual cost to | 100 |
the court of procuring and maintaining computer systems for the | 101 |
office of the clerk of the municipal court. | 102 |
(2) If a municipal court makes the determination described in | 103 |
division (B)(1) of this section, the board of county commissioners | 104 |
of the county if the court is a county-operated municipal court or | 105 |
the legislative authority of the municipal corporation if the | 106 |
court is not a county-operated municipal court, may issue one or | 107 |
more general obligation bonds for the purpose of procuring and | 108 |
maintaining the computer systems for the office of the clerk of | 109 |
the municipal court. In addition to the purposes stated in | 110 |
division (B)(1) of this section for which the moneys collected | 111 |
under that division may be expended, the moneys additionally may | 112 |
be expended to pay debt charges and financing costs related to any | 113 |
general obligation bonds issued pursuant to division (B)(2) of | 114 |
this section as they become due. General obligation bonds issued | 115 |
pursuant to division (B)(2) of this section are Chapter 133. | 116 |
securities. | 117 |
(1)(a) Except in the Akron, Barberton, Toledo, Hamilton | 123 |
county, Miami county, Montgomery county, Portage county, and Wayne | 124 |
county municipal courts and through December 31, 2008, the | 125 |
Cuyahoga Falls municipal court, if the population of the territory | 126 |
equals or exceeds one hundred thousand at the regular municipal | 127 |
election immediately preceding the expiration of the term of the | 128 |
present clerk, the clerk shall be nominated and elected by the | 129 |
qualified electors of the territory in the manner that is provided | 130 |
for the nomination and election of judges in section 1901.07 of | 131 |
the Revised Code. | 132 |
(b) In the Hamilton county municipal court, the clerk of | 137 |
courts of Hamilton county shall be the clerk of the municipal | 138 |
court and may appoint an assistant clerk who shall receive the | 139 |
compensation, payable out of the treasury of Hamilton county in | 140 |
semimonthly installments, that the board of county commissioners | 141 |
prescribes. The clerk of courts of Hamilton county, acting as the | 142 |
clerk of the Hamilton county municipal court and assuming the | 143 |
duties of that office, shall receive compensation at one-fourth | 144 |
the rate that is prescribed for the clerks of courts of common | 145 |
pleas as determined in accordance with the population of the | 146 |
county and the rates set forth in sections 325.08 and 325.18 of | 147 |
the Revised Code. This compensation shall be paid from the county | 148 |
treasury in semimonthly installments and is in addition to the | 149 |
annual compensation that is received for the performance of the | 150 |
duties of the clerk of courts of Hamilton county, as provided in | 151 |
sections 325.08 and 325.18 of the Revised Code. | 152 |
(c) In the Portage county and Wayne county municipal courts, | 153 |
the clerks of courts of Portage county and Wayne county shall be | 154 |
the clerks, respectively, of the Portage county and Wayne county | 155 |
municipal courts and may appoint a chief deputy clerk for each | 156 |
branch that is established pursuant to section 1901.311 of the | 157 |
Revised Code and assistant clerks as the judges of the municipal | 158 |
court determine are necessary, all of whom shall receive the | 159 |
compensation that the legislative authority prescribes. The clerks | 160 |
of courts of Portage county and Wayne county, acting as the clerks | 161 |
of the Portage county and Wayne county municipal courts and | 162 |
assuming the duties of these offices, shall receive compensation | 163 |
payable from the county treasury in semimonthly installments at | 164 |
one-fourth the rate that is prescribed for the clerks of courts of | 165 |
common pleas as determined in accordance with the population of | 166 |
the county and the rates set forth in sections 325.08 and 325.18 | 167 |
of the Revised Code. | 168 |
(d) In the Montgomery county and Miami county municipal | 169 |
courts, the clerks of courts of Montgomery county and Miami county | 170 |
shall be the clerks, respectively, of the Montgomery county and | 171 |
Miami county municipal courts. The clerks of courts of Montgomery | 172 |
county and Miami county, acting as the clerks of the Montgomery | 173 |
county and Miami county municipal courts and assuming the duties | 174 |
of these offices, shall receive compensation at one-fourth the | 175 |
rate that is prescribed for the clerks of courts of common pleas | 176 |
as determined in accordance with the population of the county and | 177 |
the rates set forth in sections 325.08 and 325.18 of the Revised | 178 |
Code. This compensation shall be paid from the county treasury in | 179 |
semimonthly installments and is in addition to the annual | 180 |
compensation that is received for the performance of the duties of | 181 |
the clerks of courts of Montgomery county and Miami county, as | 182 |
provided in sections 325.08 and 325.18 of the Revised Code. | 183 |
(e) Except as otherwise provided in division (A)(1)(e) of | 184 |
this section, in the Akron municipal court, candidates for | 185 |
election to the office of clerk of the court shall be nominated by | 186 |
primary election. The primary election shall be held on the day | 187 |
specified in the charter of the city of Akron for the nomination | 188 |
of municipal officers. Notwithstanding any contrary provision of | 189 |
section 3513.05 or 3513.257 of the Revised Code, the declarations | 190 |
of candidacy and petitions of partisan candidates and the | 191 |
nominating petitions of independent candidates for the office of | 192 |
clerk of the Akron municipal court shall be signed by at least | 193 |
fifty qualified electors of the territory of the court. | 194 |
If no valid declaration of candidacy and petition is filed by | 203 |
any person for nomination as a candidate of a particular political | 204 |
party for election to the office of clerk of the Akron municipal | 205 |
court, a primary election shall not be held for the purpose of | 206 |
nominating a candidate of that party for election to that office. | 207 |
If only one person files a valid declaration of candidacy and | 208 |
petition for nomination as a candidate of a particular political | 209 |
party for election to that office, a primary election shall not be | 210 |
held for the purpose of nominating a candidate of that party for | 211 |
election to that office, and the candidate shall be issued a | 212 |
certificate of nomination in the manner set forth in section | 213 |
3513.02 of the Revised Code. | 214 |
Declarations of candidacy and petitions, nominating | 215 |
petitions, and certificates of nomination for the office of clerk | 216 |
of the Akron municipal court shall contain a designation of the | 217 |
term for which the candidate seeks election. At the following | 218 |
regular municipal election, all candidates for the office shall be | 219 |
submitted to the qualified electors of the territory of the court | 220 |
in the manner that is provided in section 1901.07 of the Revised | 221 |
Code for the election of the judges of the court. The clerk so | 222 |
elected shall hold office for a term of six years, which term | 223 |
shall commence on the first day of January following the clerk's | 224 |
election and continue until the clerk's successor is elected and | 225 |
qualified. | 226 |
(f) Except as otherwise provided in division (A)(1)(f) of | 227 |
this section, in the Barberton municipal court, candidates for | 228 |
election to the office of clerk of the court shall be nominated by | 229 |
primary election. The primary election shall be held on the day | 230 |
specified in the charter of the city of Barberton for the | 231 |
nomination of municipal officers. Notwithstanding any contrary | 232 |
provision of section 3513.05 or 3513.257 of the Revised Code, the | 233 |
declarations of candidacy and petitions of partisan candidates and | 234 |
the nominating petitions of independent candidates for the office | 235 |
of clerk of the Barberton municipal court shall be signed by at | 236 |
least fifty qualified electors of the territory of the court. | 237 |
If no valid declaration of candidacy and petition is filed by | 246 |
any person for nomination as a candidate of a particular political | 247 |
party for election to the office of clerk of the Barberton | 248 |
municipal court, a primary election shall not be held for the | 249 |
purpose of nominating a candidate of that party for election to | 250 |
that office. If only one person files a valid declaration of | 251 |
candidacy and petition for nomination as a candidate of a | 252 |
particular political party for election to that office, a primary | 253 |
election shall not be held for the purpose of nominating a | 254 |
candidate of that party for election to that office, and the | 255 |
candidate shall be issued a certificate of nomination in the | 256 |
manner set forth in section 3513.02 of the Revised Code. | 257 |
Declarations of candidacy and petitions, nominating | 258 |
petitions, and certificates of nomination for the office of clerk | 259 |
of the Barberton municipal court shall contain a designation of | 260 |
the term for which the candidate seeks election. At the following | 261 |
regular municipal election, all candidates for the office shall be | 262 |
submitted to the qualified electors of the territory of the court | 263 |
in the manner that is provided in section 1901.07 of the Revised | 264 |
Code for the election of the judges of the court. The clerk so | 265 |
elected shall hold office for a term of six years, which term | 266 |
shall commence on the first day of January following the clerk's | 267 |
election and continue until the clerk's successor is elected and | 268 |
qualified. | 269 |
(g)(i) Through December 31, 2008, except as otherwise | 270 |
provided in division (A)(1)(g)(i) of this section, in the Cuyahoga | 271 |
Falls municipal court, candidates for election to the office of | 272 |
clerk of the court shall be nominated by primary election. The | 273 |
primary election shall be held on the day specified in the charter | 274 |
of the city of Cuyahoga Falls for the nomination of municipal | 275 |
officers. Notwithstanding any contrary provision of section | 276 |
3513.05 or 3513.257 of the Revised Code, the declarations of | 277 |
candidacy and petitions of partisan candidates and the nominating | 278 |
petitions of independent candidates for the office of clerk of the | 279 |
Cuyahoga Falls municipal court shall be signed by at least fifty | 280 |
qualified electors of the territory of the court. | 281 |
If no valid declaration of candidacy and petition is filed by | 290 |
any person for nomination as a candidate of a particular political | 291 |
party for election to the office of clerk of the Cuyahoga Falls | 292 |
municipal court, a primary election shall not be held for the | 293 |
purpose of nominating a candidate of that party for election to | 294 |
that office. If only one person files a valid declaration of | 295 |
candidacy and petition for nomination as a candidate of a | 296 |
particular political party for election to that office, a primary | 297 |
election shall not be held for the purpose of nominating a | 298 |
candidate of that party for election to that office, and the | 299 |
candidate shall be issued a certificate of nomination in the | 300 |
manner set forth in section 3513.02 of the Revised Code. | 301 |
Declarations of candidacy and petitions, nominating | 302 |
petitions, and certificates of nomination for the office of clerk | 303 |
of the Cuyahoga Falls municipal court shall contain a designation | 304 |
of the term for which the candidate seeks election. At the | 305 |
following regular municipal election, all candidates for the | 306 |
office shall be submitted to the qualified electors of the | 307 |
territory of the court in the manner that is provided in section | 308 |
1901.07 of the Revised Code for the election of the judges of the | 309 |
court. The clerk so elected shall hold office for a term of six | 310 |
years, which term shall commence on the first day of January | 311 |
following the clerk's election and continue until the clerk's | 312 |
successor is elected and qualified. | 313 |
(h) Except as otherwise provided in division (A)(1)(h) of | 316 |
this section, in the Toledo municipal court, candidates for | 317 |
election to the office of clerk of the court shall be nominated by | 318 |
primary election. The primary election shall be held on the day | 319 |
specified in the charter of the city of Toledo for the nomination | 320 |
of municipal officers. Notwithstanding any contrary provision of | 321 |
section 3513.05 or 3513.257 of the Revised Code, the declarations | 322 |
of candidacy and petitions of partisan candidates and the | 323 |
nominating petitions of independent candidates for the office of | 324 |
clerk of the Toledo municipal court shall be signed by at least | 325 |
fifty qualified electors of the territory of the court. | 326 |
If no valid declaration of candidacy and petition is filed by | 335 |
any person for nomination as a candidate of a particular political | 336 |
party for election to the office of clerk of the Toledo municipal | 337 |
court, a primary election shall not be held for the purpose of | 338 |
nominating a candidate of that party for election to that office. | 339 |
If only one person files a valid declaration of candidacy and | 340 |
petition for nomination as a candidate of a particular political | 341 |
party for election to that office, a primary election shall not be | 342 |
held for the purpose of nominating a candidate of that party for | 343 |
election to that office, and the candidate shall be issued a | 344 |
certificate of nomination in the manner set forth in section | 345 |
3513.02 of the Revised Code. | 346 |
Declarations of candidacy and petitions, nominating | 347 |
petitions, and certificates of nomination for the office of clerk | 348 |
of the Toledo municipal court shall contain a designation of the | 349 |
term for which the candidate seeks election. At the following | 350 |
regular municipal election, all candidates for the office shall be | 351 |
submitted to the qualified electors of the territory of the court | 352 |
in the manner that is provided in section 1901.07 of the Revised | 353 |
Code for the election of the judges of the court. The clerk so | 354 |
elected shall hold office for a term of six years, which term | 355 |
shall commence on the first day of January following the clerk's | 356 |
election and continue until the clerk's successor is elected and | 357 |
qualified. | 358 |
(2)(a) Except for the Alliance, Auglaize county, Brown | 359 |
county, Columbiana county, Holmes county, Putnam county, Sandusky | 360 |
county, Lorain, Massillon, and Youngstown municipal courts, in a | 361 |
municipal court for which the population of the territory is less | 362 |
than one hundred thousand, the clerk shall be appointed by the | 363 |
court, and the clerk shall hold office until the clerk's successor | 364 |
is appointed and qualified. | 365 |
(c) In the Auglaize county, Brown county, Holmes county, | 369 |
Putnam county, and Sandusky county municipal courts, the clerks of | 370 |
courts of Auglaize county, Brown county, Holmes county, Putnam | 371 |
county, and Sandusky county shall be the clerks, respectively, of | 372 |
the Auglaize county, Brown county, Holmes county, Putnam county, | 373 |
and Sandusky county municipal courts and may appoint a chief | 374 |
deputy clerk for each branch office that is established pursuant | 375 |
to section 1901.311 of the Revised Code, and assistant clerks as | 376 |
the judge of the court determines are necessary, all of whom shall | 377 |
receive the compensation that the legislative authority | 378 |
prescribes. The clerks of courts of Auglaize county, Brown county, | 379 |
Holmes county, Putnam county, and Sandusky county, acting as the | 380 |
clerks of the Auglaize county, Brown county, Holmes county, Putnam | 381 |
county, and Sandusky county municipal courts and assuming the | 382 |
duties of these offices, shall receive compensation payable from | 383 |
the county treasury in semimonthly installments at one-fourth the | 384 |
rate that is prescribed for the clerks of courts of common pleas | 385 |
as determined in accordance with the population of the county and | 386 |
the rates set forth in sections 325.08 and 325.18 of the Revised | 387 |
Code. | 388 |
(d) In the Columbiana county municipal court, the clerk of | 389 |
courts of Columbiana county shall be the clerk of the municipal | 390 |
court, may appoint a chief deputy clerk for each branch office | 391 |
that is established pursuant to section 1901.311 of the Revised | 392 |
Code, and may appoint any assistant clerks that the judges of the | 393 |
court determine are necessary. All of the chief deputy clerks and | 394 |
assistant clerks shall receive the compensation that the | 395 |
legislative authority prescribes. The clerk of courts of | 396 |
Columbiana county, acting as the clerk of the Columbiana county | 397 |
municipal court and assuming the duties of that office, shall | 398 |
receive in either biweekly installments or semimonthly | 399 |
installments, as determined by the payroll administrator, | 400 |
compensation payable from the county treasury at one-fourth the | 401 |
rate that is prescribed for the clerks of courts of common pleas | 402 |
as determined in accordance with the population of the county and | 403 |
the rates set forth in sections 325.08 and 325.18 of the Revised | 404 |
Code. | 405 |
(B) Except in the Hamilton county, Montgomery county, Miami | 410 |
county, Portage county, and Wayne county municipal courts, if a | 411 |
vacancy occurs in the office of the clerk of the Alliance, Lorain, | 412 |
Massillon, or Youngstown municipal court or occurs in the office | 413 |
of the clerk of a municipal court for which the population of the | 414 |
territory equals or exceeds one hundred thousand because the clerk | 415 |
ceases to hold the office before the end of the clerk's term or | 416 |
because a clerk-elect fails to take office, the vacancy shall be | 417 |
filled, until a successor is elected and qualified, by a person | 418 |
chosen by the residents of the territory of the court who are | 419 |
members of the county central committee of the political party by | 420 |
which the last occupant of that office or the clerk-elect was | 421 |
nominated. Not less than five nor more than fifteen days after a | 422 |
vacancy occurs, those members of that county central committee | 423 |
shall meet to make an appointment to fill the vacancy. At least | 424 |
four days before the date of the meeting, the chairperson or a | 425 |
secretary of the county central committee shall notify each such | 426 |
member of that county central committee by first class mail of the | 427 |
date, time, and place of the meeting and its purpose. A majority | 428 |
of all such members of that county central committee constitutes a | 429 |
quorum, and a majority of the quorum is required to make the | 430 |
appointment. If the office so vacated was occupied or was to be | 431 |
occupied by a person not nominated at a primary election, or if | 432 |
the appointment was not made by the committee members in | 433 |
accordance with this division, the court shall make an appointment | 434 |
to fill the vacancy. A successor shall be elected to fill the | 435 |
office for the unexpired term at the first municipal election that | 436 |
is held more than one hundred thirty-five days after the vacancy | 437 |
occurred. | 438 |
(C)(1) In a municipal court, other than the Auglaize county, | 439 |
the Brown county, the Columbiana county, the Holmes county, the | 440 |
Putnam county, the Sandusky county, and the Lorain municipal | 441 |
courts, for which the population of the territory is less than one | 442 |
hundred thousand, the clerk of the municipal court shall receive | 443 |
the annual compensation that the presiding judge of the court | 444 |
prescribes, if the revenue of the court for the preceding calendar | 445 |
year, as certified by the auditor or chief fiscal officer of the | 446 |
municipal corporation in which the court is located or, in the | 447 |
case of a county-operated municipal court, the county auditor, is | 448 |
equal to or greater than the expenditures, including any debt | 449 |
charges, for the operation of the court payable under this chapter | 450 |
from the city treasury or, in the case of a county-operated | 451 |
municipal court, the county treasury for that calendar year, as | 452 |
also certified by the auditor or chief fiscal officer. If the | 453 |
revenue of a municipal court, other than the Auglaize county, the | 454 |
Brown county, the Columbiana county, the Putnam county, the | 455 |
Sandusky county, and the Lorain municipal courts, for which the | 456 |
population of the territory is less than one hundred thousand for | 457 |
the preceding calendar year as so certified is not equal to or | 458 |
greater than those expenditures for the operation of the court for | 459 |
that calendar year as so certified, the clerk of a municipal court | 460 |
shall receive the annual compensation that the legislative | 461 |
authority prescribes. As used in this division, "revenue" means | 462 |
the total of all costs and fees that are collected and paid to the | 463 |
city treasury or, in a county-operated municipal court, the county | 464 |
treasury by the clerk of the municipal court under division (F) of | 465 |
this section and all interest received and paid to the city | 466 |
treasury or, in a county-operated municipal court, the county | 467 |
treasury in relation to the costs and fees under division (G) of | 468 |
this section. | 469 |
(E) The clerk of a municipal court may do all of the | 489 |
following: administer oaths, take affidavits, and issue executions | 490 |
upon any judgment rendered in the court, including a judgment for | 491 |
unpaid costs; issue, sign, and attach the seal of the court to all | 492 |
writs, process, subpoenas, and papers issuing out of the court; | 493 |
and approve all bonds, sureties, recognizances, and undertakings | 494 |
fixed by any judge of the court or by law. The clerk may refuse to | 495 |
accept for filing any pleading or paper submitted for filing by a | 496 |
person who has been found to be a vexatious litigator under | 497 |
section 2323.52 of the Revised Code and who has failed to obtain | 498 |
leave to proceed under that section. The clerk shall do all of the | 499 |
following: file and safely keep all journals, records, books, and | 500 |
papers belonging or appertaining to the court; record the | 501 |
proceedings of the court; perform all other duties that the judges | 502 |
of the court may prescribe; and keep a book showing all receipts | 503 |
and disbursements, which book shall be open for public inspection | 504 |
at all times. | 505 |
The clerk shall prepare and maintain a general index, a | 506 |
docket, and other records that the court, by rule, requires, all | 507 |
of which shall be the public records of the court. In the docket, | 508 |
the clerk shall enter, at the time of the commencement of an | 509 |
action, the names of the parties in full, the names of the | 510 |
counsel, and the nature of the proceedings. Under proper dates, | 511 |
the clerk shall note the filing of the complaint, issuing of | 512 |
summons or other process, returns, and any subsequent pleadings. | 513 |
The clerk also shall enter all reports, verdicts, orders, | 514 |
judgments, and proceedings of the court, clearly specifying the | 515 |
relief granted or orders made in each action. The court may order | 516 |
an extended record of any of the above to be made and entered, | 517 |
under the proper action heading, upon the docket at the request of | 518 |
any party to the case, the expense of which record may be taxed as | 519 |
costs in the case or may be required to be prepaid by the party | 520 |
demanding the record, upon order of the court. | 521 |
(F) The clerk of a municipal court shall receive, collect, | 522 |
and issue receipts for all costs, fees, fines, bail, and other | 523 |
moneys payable to the office or to any officer of the court. The | 524 |
clerk shall eachon or before the twentieth day of the month | 525 |
following the month in which they are collected disburse to the | 526 |
proper persons or officers, and take receipts for, all costs, | 527 |
fees, fines, bail, and other moneys that the clerk collects. | 528 |
Subject to sections 307.515 and 4511.193 of the Revised Code and | 529 |
to any other section of the Revised Code that requires a specific | 530 |
manner of disbursement of any moneys received by a municipal court | 531 |
and except for the Hamilton county, Lawrence county, and Ottawa | 532 |
county municipal courts, the clerk shall pay all fines received | 533 |
for violation of municipal ordinances into the treasury of the | 534 |
municipal corporation the ordinance of which was violated and | 535 |
shall pay all fines received for violation of township resolutions | 536 |
adopted pursuant to section 503.52 or 503.53 or Chapter 504. of | 537 |
the Revised Code into the treasury of the township the resolution | 538 |
of which was violated. Subject to sections 1901.024 and 4511.193 | 539 |
of the Revised Code, in the Hamilton county, Lawrence county, and | 540 |
Ottawa county municipal courts, the clerk shall pay fifty per cent | 541 |
of the fines received for violation of municipal ordinances and | 542 |
fifty per cent of the fines received for violation of township | 543 |
resolutions adopted pursuant to section 503.52 or 503.53 or | 544 |
Chapter 504. of the Revised Code into the treasury of the county. | 545 |
Subject to sections 307.515, 4511.19, and 5503.04 of the Revised | 546 |
Code and to any other section of the Revised Code that requires a | 547 |
specific manner of disbursement of any moneys received by a | 548 |
municipal court, the clerk shall pay all fines collected for the | 549 |
violation of state laws into the county treasury. Except in a | 550 |
county-operated municipal court, the clerk shall pay all costs and | 551 |
fees the disbursement of which is not otherwise provided for in | 552 |
the Revised Code into the city treasury. The clerk of a | 553 |
county-operated municipal court shall pay the costs and fees the | 554 |
disbursement of which is not otherwise provided for in the Revised | 555 |
Code into the county treasury. Moneys deposited as security for | 556 |
costs shall be retained pending the litigation. The clerk shall | 557 |
keep a separate account of all receipts and disbursements in civil | 558 |
and criminal cases, which shall be a permanent public record of | 559 |
the office. On the expiration of the term of the clerk, the clerk | 560 |
shall deliver the records to the clerk's successor. The clerk | 561 |
shall have other powers and duties as are prescribed by rule or | 562 |
order of the court. | 563 |
(G) All moneys paid into a municipal court shall be noted on | 564 |
the record of the case in which they are paid and shall be | 565 |
deposited in a state or national bank, or a domestic savings and | 566 |
loan association, as defined in section 1151.01 of the Revised | 567 |
Code, that is selected by the clerk. Any interest received upon | 568 |
the deposits shall be paid into the city treasury, except that, in | 569 |
a county-operated municipal court, the interest shall be paid into | 570 |
the treasury of the county in which the court is located. | 571 |
On the first Monday in January of each year, the clerk shall | 572 |
make a list of the titles of all cases in the court that were | 573 |
finally determined more than one year past in which there remains | 574 |
unclaimed in the possession of the clerk any funds, or any part of | 575 |
a deposit for security of costs not consumed by the costs in the | 576 |
case. The clerk shall give notice of the moneys to the parties who | 577 |
are entitled to the moneys or to their attorneys of record. All | 578 |
the moneys remaining unclaimed on the first day of April of each | 579 |
year shall be paid by the clerk to the city treasurer, except | 580 |
that, in a county-operated municipal court, the moneys shall be | 581 |
paid to the treasurer of the county in which the court is located. | 582 |
The treasurer shall pay any part of the moneys at any time to the | 583 |
person who has the right to the moneys upon proper certification | 584 |
of the clerk. | 585 |
(H) Deputy clerks of a municipal court other than the Carroll | 586 |
county municipal court may be appointed by the clerk and shall | 587 |
receive the compensation, payable in either biweekly installments | 588 |
or semimonthly installments, as determined by the payroll | 589 |
administrator, out of the city treasury, that the clerk may | 590 |
prescribe, except that the compensation of any deputy clerk of a | 591 |
county-operated municipal court shall be paid out of the treasury | 592 |
of the county in which the court is located. The judge of the | 593 |
Carroll county municipal court may appoint deputy clerks for the | 594 |
court, and the deputy clerks shall receive the compensation, | 595 |
payable in biweekly installments out of the county treasury, that | 596 |
the judge may prescribe. Each deputy clerk shall take an oath of | 597 |
office before entering upon the duties of the deputy clerk's | 598 |
office and, when so qualified, may perform the duties appertaining | 599 |
to the office of the clerk. The clerk may require any of the | 600 |
deputy clerks to give bond of not less than three thousand | 601 |
dollars, conditioned for the faithful performance of the deputy | 602 |
clerk's duties. | 603 |
(B) If a person is charged with an offense in municipal court | 627 |
and either fails to appear in court at the required time and place | 628 |
to answer the charge or pleads guilty to or is found guilty of the | 629 |
offense and fails within the time allowed by the court to pay any | 630 |
fine or costs imposed by the court, unless the court previously | 631 |
has given written notice to the person, the court shall send the | 632 |
person a notice by ordinary mail at the person's last known | 633 |
address stating that there is a balance due, specifying the amount | 634 |
of the balance due, and directing the person to contact the court | 635 |
clerk's office within ten days of the date of the notice. The | 636 |
notice shall include the sentence: "WARNING: Failure to timely | 637 |
respond to this notice may result in the blocking of your motor | 638 |
vehicle registration or transfer of registration!" To avoid a | 639 |
block on the person's motor vehicle registration or transfer of | 640 |
registration, the person may enter into a written agreement with | 641 |
the court to pay the balance due in installments or to perform | 642 |
community service in lieu of payment. The agreement shall include | 643 |
the sentence: "WARNING: Failure to comply with the payment | 644 |
schedule or to complete your community service requirement may | 645 |
result in the blocking of your motor vehicle registration or | 646 |
transfer of registration!" | 647 |
If a person does not enter into an agreement under this | 648 |
division or if a person fails to comply with an agreement entered | 649 |
into under this division, the court may enter information relative | 650 |
to the person's failure to pay any outstanding amount of the fine | 651 |
or costs on a form prescribed or approved by the registrar | 652 |
pursuant to division (C) of this section and send the form to the | 653 |
registrar. Upon receipt of the form, the registrar shall take any | 654 |
measures necessary to ensure that neither the registrar nor any | 655 |
deputy registrar accepts any application for the registration or | 656 |
transfer of registration of any motor vehicle owned or leased by | 657 |
the person. However, for a motor vehicle leased by the person, the | 658 |
registrar shall not implement this requirement until the registrar | 659 |
adopts procedures for that implementation under section 4503.39 of | 660 |
the Revised Code. | 661 |
(B) If a person is charged with an offense in mayor's court | 692 |
and either fails to appear in court at the required time and place | 693 |
to answer the charge or pleads guilty to or is found guilty of the | 694 |
offense and fails within the time allowed by the court to pay any | 695 |
fine or costs imposed by the court, unless the court previously | 696 |
has given written notice to the person, the court shall send the | 697 |
person a notice by ordinary mail at the person's last known | 698 |
address stating that there is a balance due, specifying the amount | 699 |
of the balance due, and directing the person to contact the court | 700 |
clerk's office within ten days of the date of the notice. The | 701 |
notice shall include the sentence: "WARNING: Failure to timely | 702 |
respond to this notice may result in the blocking of your motor | 703 |
vehicle registration or transfer of registration!" To avoid a | 704 |
block on the person's motor vehicle registration or transfer of | 705 |
registration, the person may enter into a written agreement with | 706 |
the court to pay the balance due in installments or to perform | 707 |
community service in lieu of payment. The agreement shall include | 708 |
the sentence: "WARNING: Failure to comply with the payment | 709 |
schedule or to complete your community service requirement may | 710 |
result in the blocking of your motor vehicle registration or | 711 |
transfer of registration!" | 712 |
If a person does not enter into an agreement under this | 713 |
division or if a person fails to comply with an agreement entered | 714 |
into under this division, the court may enter information relative | 715 |
to the person's failure to pay any outstanding amount of the fine | 716 |
or costs on a form prescribed or approved by the registrar | 717 |
pursuant to division (C) of this section and send the form to the | 718 |
registrar. Upon receipt of the form, the registrar shall take any | 719 |
measures necessary to ensure that neither the registrar nor any | 720 |
deputy registrar accepts any application for the registration or | 721 |
transfer of registration of any motor vehicle owned or leased by | 722 |
the person. However, for a motor vehicle leased by the person, the | 723 |
registrar shall not implement this requirement until the registrar | 724 |
adopts procedures for that implementation under section 4503.39 of | 725 |
the Revised Code. | 726 |
Sec. 1907.20. (A) The clerk of courts shall be the clerk of | 746 |
the county court, except that the board of county commissioners, | 747 |
with the concurrence of the county court judges, may appoint a | 748 |
clerk for each county court judge, who shall serve at the pleasure | 749 |
of the board and shall receive compensation as set by the board, | 750 |
payable in semimonthly installments from the treasury of the | 751 |
county. An appointed clerk, before entering upon the duties of the | 752 |
office, shall give bond of not less than five thousand dollars, as | 753 |
determined by the board of county commissioners, conditioned upon | 754 |
the faithful performance of the clerk's duties. | 755 |
The clerks of courts of common pleas, when acting as the | 756 |
clerks of county courts, and upon assuming their county court | 757 |
duties, shall receive compensation at one-fourth the rate | 758 |
prescribed for the clerks of courts of common pleas as determined | 759 |
in accordance with the population of the county and the rates set | 760 |
forth in sections 325.08 and 325.18 of the Revised Code. This | 761 |
compensation shall be paid from the county treasury in semimonthly | 762 |
installments and is in addition to the annual compensation | 763 |
received for the performance of the duties of the clerk of a court | 764 |
of common pleas as provided in sections 325.08 and 325.18 of the | 765 |
Revised Code. | 766 |
(B) The clerk of a county court shall have general powers to | 767 |
administer oaths, take affidavits, and issue executions upon any | 768 |
judgment rendered in the county court, including a judgment for | 769 |
unpaid costs, power to issue and sign all writs, process, | 770 |
subpoenas, and papers issuing out of the court, and to attach the | 771 |
seal of the court to them, and power to approve all bonds, | 772 |
sureties, recognizances, and undertakings fixed by any judge of | 773 |
the court or by law. The clerk shall file and safely keep all | 774 |
journals, records, books, and papers belonging or appertaining to | 775 |
the court, record its proceedings, perform all other duties that | 776 |
the judges of the court may prescribe, and keep a book showing all | 777 |
receipts and disbursements, which shall be open for public | 778 |
inspection at all times. The clerk may refuse to accept for filing | 779 |
any pleading or paper submitted for filing by a person who has | 780 |
been found to be a vexatious litigator under section 2323.52 of | 781 |
the Revised Code and who has failed to obtain leave to proceed | 782 |
under that section. | 783 |
The clerk shall prepare and maintain a general index, a | 784 |
docket as prescribed by the court, which shall be furnished by the | 785 |
board of county commissioners, and such other records as the | 786 |
court, by rule, requires, all of which shall be the public records | 787 |
of the court. In the docket, the clerk shall enter at times of the | 788 |
commencement of an action, the names of the parties in full, the | 789 |
names of the counsel, and the nature of the proceedings. Under | 790 |
proper dates, the clerk shall note the filing of the complaint, | 791 |
issuing of summons or other process, returns, and pleadings | 792 |
subsequent thereto. The clerk also shall enter all reports, | 793 |
verdicts, orders, judgments, and proceedings of the court, clearly | 794 |
specifying the relief granted or orders made in each action. The | 795 |
court may order an extended record of any of the above to be made | 796 |
and entered, under the proper action heading, upon the docket at | 797 |
the request of any party to the case, the expense of which may be | 798 |
taxed as costs in the case or may be required to be prepaid by the | 799 |
party demanding the extended record, upon order of the court. | 800 |
(C) The clerk of a county court shall receive and collect all | 801 |
costs, fees, fines, penalties, bail, and other moneys payable to | 802 |
the office or to any officer of the court and issue receipts | 803 |
therefor, and shall eachon or before the twentieth day of the | 804 |
month following the month in which they are collected disburse the | 805 |
costs, fees, fines, penalties, bail, and other moneys to the | 806 |
proper persons or officers and take receipts therefor. Subject to | 807 |
sections 307.515, 4511.19, 4511.193, and 5503.04 of the Revised | 808 |
Code and all other statutes that require a different distribution | 809 |
of fines, fines received for violations of municipal ordinances | 810 |
shall be paid into the treasury of the municipal corporation whose | 811 |
ordinance was violated, fines received for violations of township | 812 |
resolutions adopted pursuant to section 503.52 or 503.53 or | 813 |
Chapter 504. of the Revised Code shall be paid into the treasury | 814 |
of the township whose resolution was violated, and fines collected | 815 |
for the violation of state laws shall be paid into the county | 816 |
treasury. Moneys deposited as security for costs shall be retained | 817 |
pending the litigation. | 818 |
(D) All moneys paid into a county court shall be noted on the | 826 |
record of the case in which they are paid and shall be deposited | 827 |
in a state or national bank selected by the clerk. On the first | 828 |
Monday in January of each year, the clerk shall make a list of the | 829 |
titles of all cases in the county court that were finally | 830 |
determined more than one year past in which there remains | 831 |
unclaimed in the possession of the clerk any funds, or any part of | 832 |
a deposit for security of costs not consumed by the costs in the | 833 |
case. The clerk shall give notice of the moneys to the parties | 834 |
entitled to them or to their attorneys of record. All the moneys | 835 |
remaining unclaimed on the first day of April of each year shall | 836 |
be paid by the clerk to the county treasurer. Any part of the | 837 |
moneys shall be paid by the county treasurer at any time to the | 838 |
person having the right to them, upon proper certification of the | 839 |
clerk. | 840 |
(E)(1) In county court districts having appointed clerks, | 841 |
deputy clerks may be appointed by the board of county | 842 |
commissioners. Clerks and deputy clerks shall receive such | 843 |
compensation payable in semimonthly installments out of the county | 844 |
treasury as the board may prescribe. Each deputy clerk shall take | 845 |
an oath of office before entering upon the duties of the deputy | 846 |
clerk's office and, when so qualified, may perform the duties | 847 |
appertaining to the office of the clerk. The clerk may require any | 848 |
of the deputy clerks to give bond of not less than three thousand | 849 |
dollars, conditioned for the faithful performance of the deputy | 850 |
clerk's duties. | 851 |
(F)(1) In county court districts having appointed clerks, the | 863 |
board of county commissioners may order the establishment of one | 864 |
or more branch offices of the clerk and, with the concurrence of | 865 |
the county judges, may appoint a special deputy clerk to | 866 |
administer each branch office. Each special deputy clerk shall | 867 |
take an oath of office before entering upon the duties of the | 868 |
deputy clerk's office and, when so qualified, may perform any one | 869 |
or more of the duties appertaining to the office of clerk, as the | 870 |
board prescribes. Special deputy clerks shall receive such | 871 |
compensation payable in semimonthly installments out of the county | 872 |
treasury as the board may prescribe. The board may require any of | 873 |
the special deputy clerks to give bond of not less than three | 874 |
thousand dollars, conditioned for the faithful performance of the | 875 |
deputy clerk's duties. | 876 |
(2) A clerk of courts acting as clerk of the county court may | 882 |
establish one or more branch offices for the clerk's duties as | 883 |
clerk of the county court and, with the concurrence of the county | 884 |
court judges, may appoint a special deputy clerk to administer | 885 |
each branch office. Each special deputy clerk shall take an oath | 886 |
of office before entering upon the deputy clerk's duties and, when | 887 |
so qualified, may perform any of the duties pertaining to the | 888 |
office of clerk, as the clerk of courts prescribes. The clerk of | 889 |
courts may require any of the special deputy clerks to give bond | 890 |
of not less than three thousand dollars, conditioned for the | 891 |
faithful performance of the deputy clerk's duties. | 892 |
(B) If a person is charged with an offense in county court | 910 |
and either fails to appear in court at the required time and place | 911 |
to answer the charge or pleads guilty to or is found guilty of the | 912 |
offense and fails within the time allowed by the court to pay any | 913 |
fine or costs imposed by the court, unless the court previously | 914 |
has given written notice to the person, the court shall send the | 915 |
person a notice by ordinary mail at the person's last known | 916 |
address stating that there is a balance due, specifying the amount | 917 |
of the balance due, and directing the person to contact the court | 918 |
clerk's office within ten days of the date of the notice. The | 919 |
notice shall include the sentence: "WARNING: Failure to timely | 920 |
respond to this notice may result in the blocking of your motor | 921 |
vehicle registration or transfer of registration!" To avoid a | 922 |
block on the person's motor vehicle registration or transfer of | 923 |
registration, the person may enter into a written agreement with | 924 |
the court to pay the balance due in installments or to perform | 925 |
community service in lieu of payment. The agreement shall include | 926 |
the sentence: "WARNING: Failure to comply with the payment | 927 |
schedule or to complete your community service requirement may | 928 |
result in the blocking of your motor vehicle registration or | 929 |
transfer of registration!" | 930 |
If a person does not enter into an agreement under this | 931 |
division or if a person fails to comply with an agreement entered | 932 |
into under this division, the court may enter information relative | 933 |
to the person's failure to pay any outstanding amount of the fine | 934 |
or costs on a form prescribed or approved by the registrar | 935 |
pursuant to division (C) of this section and send the form to the | 936 |
registrar. Upon receipt of the form, the registrar shall take any | 937 |
measures necessary to ensure that neither the registrar nor any | 938 |
deputy registrar accepts any application for the registration or | 939 |
transfer of registration of any motor vehicle owned or leased by | 940 |
the person. However, for a motor vehicle leased by the person, the | 941 |
registrar shall not implement this requirement until the registrar | 942 |
adopts procedures for that implementation under section 4503.39 of | 943 |
the Revised Code. | 944 |
Sec. 1907.261. (A)(1) A county court may determine that for | 971 |
the efficient operation of the court additional funds are required | 972 |
to computerize the court, to make available computerized legal | 973 |
research services, or to do both. Upon making a determination that | 974 |
additional funds are required for either or both of those | 975 |
purposes, the court shall include in its schedule of fees and | 976 |
costs under section 1907.24 of the Revised Code one additional fee | 977 |
not to exceed three dollars on the filing of each cause of action | 978 |
or appeal equivalent to one described in division (A), (Q), or (U) | 979 |
of section 2303.20 of the Revised Code and shall direct the clerk | 980 |
of the court to charge the fee. | 981 |
(2) All fees collected under this section shall be paid on or | 982 |
before the twentieth day of the month following the month in which | 983 |
they are collected to the county treasurer. The treasurer shall | 984 |
place the funds from the fees in a separate fund to be disbursed | 985 |
either upon an order of the court, subject to an appropriation by | 986 |
the board of county commissioners, or upon an order of the court, | 987 |
subject to the court making an annual report available to the | 988 |
public listing the use of all such funds, in an amount not greater | 989 |
than the actual cost to the court of computerizing the court, | 990 |
procuring and maintaining computerized legal research services, or | 991 |
both. | 992 |
(3) If the court determines that the funds in the fund | 993 |
described in division (A)(2) of this section are more than | 994 |
sufficient to satisfy the purpose for which the additional fee | 995 |
described in division (A)(1) of this section was imposed, the | 996 |
court may declare a surplus in the fund and, subject to an | 997 |
appropriation by the board of county commissioners, expend those | 998 |
surplus funds, or upon an order of the court, subject to the court | 999 |
making an annual report available to the public listing the use of | 1000 |
all such funds, expend those surplus funds, for other appropriate | 1001 |
technological expenses of the court. | 1002 |
(B)(1) A county court may determine that, for the efficient | 1003 |
operation of the court, additional funds are required to | 1004 |
computerize the office of the clerk of the court and, upon that | 1005 |
determination, may include in its schedule of fees and costs under | 1006 |
section 1907.24 of the Revised Code an additional fee not to | 1007 |
exceed ten dollars on the filing of each cause of action or | 1008 |
appeal, on the filing, docketing, and endorsing of each | 1009 |
certificate of judgment, or on the docketing and indexing of each | 1010 |
aid in execution or petition to vacate, revive, or modify a | 1011 |
judgment that is equivalent to one described in division (A), (P), | 1012 |
(Q), (T), or (U) of section 2303.20 of the Revised Code. Subject | 1013 |
to division (B)(2) of this section, all moneys collected under | 1014 |
division (B)(1) of this section shall be paid on or before the | 1015 |
twentieth day of the month following the month in which they are | 1016 |
collected to the county treasurer. The treasurer shall place the | 1017 |
funds from the fees in a separate fund to be disbursed, upon an | 1018 |
order of the county court and subject to an appropriation by the | 1019 |
board of county commissioners, in an amount no greater than the | 1020 |
actual cost to the court of procuring and maintaining computer | 1021 |
systems for the office of the clerk of the county court. | 1022 |
(2) If a county court makes the determination described in | 1023 |
division (B)(1) of this section, the board of county commissioners | 1024 |
of that county may issue one or more general obligation bonds for | 1025 |
the purpose of procuring and maintaining the computer systems for | 1026 |
the office of the clerk of the county court. In addition to the | 1027 |
purposes stated in division (B)(1) of this section for which the | 1028 |
moneys collected under that division may be expended, the moneys | 1029 |
additionally may be expended to pay debt charges and financing | 1030 |
costs related to any general obligation bonds issued pursuant to | 1031 |
division (B)(2) of this section as they become due. General | 1032 |
obligation bonds issued pursuant to division (B)(2) of this | 1033 |
section are Chapter 133. securities. | 1034 |
Sec. 2303.201. (A)(1) The court of common pleas of any | 1035 |
county may determine that for the efficient operation of the court | 1036 |
additional funds are required to computerize the court, to make | 1037 |
available computerized legal research services, or to do both. | 1038 |
Upon making a determination that additional funds are required for | 1039 |
either or both of those purposes, the court shall authorize and | 1040 |
direct the clerk of the court of common pleas to charge one | 1041 |
additional fee, not to exceed threesix dollars, on the filing of | 1042 |
each cause of action or appeal under divisions (A), (Q), and (U) | 1043 |
of section 2303.20 of the Revised Code. | 1044 |
(2) All fees collected under division (A)(1) of this section | 1045 |
shall be paid to the county treasurer. The treasurer shall place | 1046 |
the funds from the fees in a separate fund to be disbursed either | 1047 |
upon an order of the court, subject to an appropriation by the | 1048 |
board of county commissioners, or upon an order of the court, | 1049 |
subject to the court making an annual report available to the | 1050 |
public listing the use of all such funds, in an amount not greater | 1051 |
than the actual cost to the court of procuring and maintaining | 1052 |
computerization of the court, computerized legal research | 1053 |
services, or both. | 1054 |
(3) If the court determines that the funds in the fund | 1055 |
described in division (A)(2) of this section are more than | 1056 |
sufficient to satisfy the purpose for which the additional fee | 1057 |
described in division (A)(1) of this section was imposed, the | 1058 |
court may declare a surplus in the fund and, subject to an | 1059 |
appropriation by the board of county commissioners, expend those | 1060 |
surplus funds, or upon an order of the court, subject to the court | 1061 |
making an annual report available to the public listing the use of | 1062 |
all such funds, expend those surplus funds, for other appropriate | 1063 |
technological expenses of the court. | 1064 |
(B)(1) The court of common pleas of any county may determine | 1065 |
that, for the efficient operation of the court, additional funds | 1066 |
are required to make technological advances in or to computerize | 1067 |
the office of the clerk of the court of common pleas and, upon | 1068 |
that determination, authorize and direct the clerk of the court of | 1069 |
common pleas to charge an additional fee, not to exceed tentwenty | 1070 |
dollars, on the filing of each cause of action or appeal, on the | 1071 |
filing, docketing, and endorsing of each certificate of judgment, | 1072 |
or on the docketing and indexing of each aid in execution or | 1073 |
petition to vacate, revive, or modify a judgment under divisions | 1074 |
(A), (P), (Q), (T), and (U) of section 2303.20 of the Revised Code | 1075 |
and not to exceed one dollar each for the services described in | 1076 |
divisions (B), (C), (D), (F), (H), and (L) of section 2303.20 of | 1077 |
the Revised Code. Subject to division (B)(2) of this section, all | 1078 |
moneys collected under division (B)(1) of this section shall be | 1079 |
paid to the county treasurer to be disbursed, upon an order of the | 1080 |
court of common pleas and subject to appropriation by the board of | 1081 |
county commissioners, in an amount no greater than the actual cost | 1082 |
to the court of procuring and maintaining technology and computer | 1083 |
systems for the office of the clerk of the court of common pleas. | 1084 |
(2) If the court of common pleas of a county makes the | 1085 |
determination described in division (B)(1) of this section, the | 1086 |
board of county commissioners of that county may issue one or more | 1087 |
general obligation bonds for the purpose of procuring and | 1088 |
maintaining the technology and computer systems for the office of | 1089 |
the clerk of the court of common pleas. In addition to the | 1090 |
purposes stated in division (B)(1) of this section for which the | 1091 |
moneys collected under that division may be expended, the moneys | 1092 |
additionally may be expended to pay debt charges on and financing | 1093 |
costs related to any general obligation bonds issued pursuant to | 1094 |
division (B)(2) of this section as they become due. General | 1095 |
obligation bonds issued pursuant to division (B)(2) of this | 1096 |
section are Chapter 133. securities. | 1097 |
(C) The court of common pleas shall collect the sum of | 1098 |
twenty-six dollars as additional filing fees in each new civil | 1099 |
action or proceeding for the charitable public purpose of | 1100 |
providing financial assistance to legal aid societies that operate | 1101 |
within the state and to support the office of the state public | 1102 |
defender. This division does not apply to proceedings concerning | 1103 |
annulments, dissolutions of marriage, divorces, legal separation, | 1104 |
spousal support, marital property or separate property | 1105 |
distribution, support, or other domestic relations matters; to a | 1106 |
juvenile division of a court of common pleas; to a probate | 1107 |
division of a court of common pleas, except that the additional | 1108 |
filing fees shall apply to name change, guardianship, adoption, | 1109 |
and decedents' estate proceedings; or to an execution on a | 1110 |
judgment, proceeding in aid of execution, or other post-judgment | 1111 |
proceeding arising out of a civil action. The filing fees required | 1112 |
to be collected under this division shall be in addition to any | 1113 |
other filing fees imposed in the action or proceeding and shall be | 1114 |
collected at the time of the filing of the action or proceeding. | 1115 |
The court shall not waive the payment of the additional filing | 1116 |
fees in a new civil action or proceeding unless the court waives | 1117 |
the advanced payment of all filing fees in the action or | 1118 |
proceeding. All such moneys collected during a month except for an | 1119 |
amount equal to up to one per cent of those moneys retained to | 1120 |
cover administrative costs shall be transmitted on or before the | 1121 |
twentieth day of the following month by the clerk of the court to | 1122 |
the treasurer of state in a manner prescribed by the treasurer of | 1123 |
state or by the Ohio legal assistance foundation. The treasurer of | 1124 |
state shall deposit four per cent of the funds collected under | 1125 |
this division to the credit of the civil case filing fee fund | 1126 |
established under section 120.07 of the Revised Code and | 1127 |
ninety-six per cent of the funds collected under this division to | 1128 |
the credit of the legal aid fund established under section 120.52 | 1129 |
of the Revised Code. | 1130 |
The court may retain up to one per cent of the moneys it | 1131 |
collects under this division to cover administrative costs, | 1132 |
including the hiring of any additional personnel necessary to | 1133 |
implement this division. If the court fails to transmit to the | 1134 |
treasurer of state the moneys the court collects under this | 1135 |
division in a manner prescribed by the treasurer of state or by | 1136 |
the Ohio legal assistance foundation, the court shall forfeit the | 1137 |
moneys the court retains under this division to cover | 1138 |
administrative costs, including the hiring of any additional | 1139 |
personnel necessary to implement this division, and shall transmit | 1140 |
to the treasurer of state all moneys collected under this | 1141 |
division, including the forfeited amount retained for | 1142 |
administrative costs, for deposit in the legal aid fund. | 1143 |
(D) On and after the thirtieth day after December 9, 1994, | 1144 |
the court of common pleas shall collect the sum of thirty-two | 1145 |
dollars as additional filing fees in each new action or proceeding | 1146 |
for annulment, divorce, or dissolution of marriage for the purpose | 1147 |
of funding shelters for victims of domestic violence pursuant to | 1148 |
sections 3113.35 to 3113.39 of the Revised Code. The filing fees | 1149 |
required to be collected under this division shall be in addition | 1150 |
to any other filing fees imposed in the action or proceeding and | 1151 |
shall be collected at the time of the filing of the action or | 1152 |
proceeding. The court shall not waive the payment of the | 1153 |
additional filing fees in a new action or proceeding for | 1154 |
annulment, divorce, or dissolution of marriage unless the court | 1155 |
waives the advanced payment of all filing fees in the action or | 1156 |
proceeding. On or before the twentieth day of each month, all | 1157 |
moneys collected during the immediately preceding month pursuant | 1158 |
to this division shall be deposited by the clerk of the court into | 1159 |
the county treasury in the special fund used for deposit of | 1160 |
additional marriage license fees as described in section 3113.34 | 1161 |
of the Revised Code. Upon their deposit into the fund, the moneys | 1162 |
shall be retained in the fund and expended only as described in | 1163 |
section 3113.34 of the Revised Code. | 1164 |
(E)(1) The court of common pleas may determine that, for the | 1165 |
efficient operation of the court, additional funds are necessary | 1166 |
to acquire and pay for special projects of the court, including, | 1167 |
but not limited to, the acquisition of additional facilities or | 1168 |
the rehabilitation of existing facilities, the acquisition of | 1169 |
equipment, the hiring and training of staff, community service | 1170 |
programs, mediation or dispute resolution services, the employment | 1171 |
of magistrates, the training and education of judges, acting | 1172 |
judges, and magistrates, and other related services. Upon that | 1173 |
determination, the court by rule may charge a fee, in addition to | 1174 |
all other court costs, on the filing of each criminal cause, civil | 1175 |
action or proceeding, or judgment by confession. | 1176 |
All moneys collected under division (E) of this section shall | 1184 |
be paid to the county treasurer for deposit into either a general | 1185 |
special projects fund or a fund established for a specific special | 1186 |
project. Moneys from a fund of that nature shall be disbursed upon | 1187 |
an order of the court, subject to an appropriation by the board of | 1188 |
county commissioners, in an amount no greater than the actual cost | 1189 |
to the court of a project. If a specific fund is terminated | 1190 |
because of the discontinuance of a program or service established | 1191 |
under division (E) of this section, the court may order, subject | 1192 |
to an appropriation by the board of county commissioners, that | 1193 |
moneys remaining in the fund be transferred to an account | 1194 |
established under this division for a similar purpose. | 1195 |
(a) "Criminal cause" means a charge alleging the violation of | 1197 |
a statute or ordinance, or subsection of a statute or ordinance, | 1198 |
that requires a separate finding of fact or a separate plea before | 1199 |
disposition and of which the defendant may be found guilty, | 1200 |
whether filed as part of a multiple charge on a single summons, | 1201 |
citation, or complaint or as a separate charge on a single | 1202 |
summons, citation, or complaint. "Criminal cause" does not include | 1203 |
separate violations of the same statute or ordinance, or | 1204 |
subsection of the same statute or ordinance, unless each charge is | 1205 |
filed on a separate summons, citation, or complaint. | 1206 |
Sec. 2947.09. (A) If a person is charged with an offense in | 1209 |
a court of common pleas and either fails to appear in court at the | 1210 |
required time and place to answer the charge or pleads guilty to | 1211 |
or is found guilty of the offense and fails within the time | 1212 |
allowed by the court to pay any fine or costs imposed by the | 1213 |
court, unless the court previously has given written notice to the | 1214 |
person, the court shall send the person a notice by ordinary mail | 1215 |
at the person's last known address stating that there is a balance | 1216 |
due, specifying the amount of the balance due, and directing the | 1217 |
person to contact the court clerk's office within ten days of the | 1218 |
date of the notice. The notice shall include the sentence: | 1219 |
"WARNING: Failure to timely respond to this notice may result in | 1220 |
the blocking of your motor vehicle registration or transfer of | 1221 |
registration!" To avoid a block on the person's motor vehicle | 1222 |
registration or transfer of registration, the person may enter | 1223 |
into a written agreement with the court to pay the balance due in | 1224 |
installments or to perform community service in lieu of payment. | 1225 |
The agreement shall include the sentence: "WARNING: Failure to | 1226 |
comply with the payment schedule or to complete your community | 1227 |
service requirement may result in the blocking of your motor | 1228 |
vehicle registration or transfer of registration!" | 1229 |
If a person does not enter into an agreement under this | 1230 |
division or if a person fails to comply with an agreement entered | 1231 |
into under this division, the court may enter information relative | 1232 |
to the person's failure to pay any outstanding amount of the fine | 1233 |
or costs on a form prescribed or approved by the registrar | 1234 |
pursuant to division (B) of this section and send the form to the | 1235 |
registrar. Upon receipt of the form, the registrar shall take any | 1236 |
measures necessary to ensure that neither the registrar nor any | 1237 |
deputy registrar accepts any application for the registration or | 1238 |
transfer of registration of any motor vehicle owned or leased by | 1239 |
the person. However, for a motor vehicle leased by the person, the | 1240 |
registrar shall not implement this requirement until the registrar | 1241 |
adopts procedures for that implementation under section 4503.39 of | 1242 |
the Revised Code. | 1243 |
Sec. 4503.39. With regard to a motor vehicle leased by or in | 1264 |
the name of a person named in a suspension order or who is | 1265 |
precluded from registering or transferring registration of a motor | 1266 |
vehicle because of a failure to pay a fine or court costs, the | 1267 |
registrar of motor vehicles shall adopt procedures as indicated in | 1268 |
division (B) of section 1901.44, division (B) of section 1905.202, | 1269 |
division (B) of section 1907.25, division (D) of section 2935.27, | 1270 |
division (A) of section 2937.221, division (A) of section 2947.09, | 1271 |
and division (B) of section 4510.22 of the Revised Code. The | 1272 |
procedures shall prescribe the information and methodology | 1273 |
necessary to implement those divisions. | 1274 |