Section 1. That sections 3.08, 163.10, 311.17, 509.15, | 27 |
733.73, 733.74, 1901.25, 1907.28, 2101.30, 2311.42, 2313.01, | 28 |
2313.02, 2313.03, 2313.05, 2313.11, 2313.12, 2313.13, 2313.16, | 29 |
2313.18, 2313.19, 2313.20, 2313.251, 2313.29, 2313.34, 2313.38, | 30 |
2313.41, 2313.42, 2313.46, 2313.47, 2313.99, 2335.28, 2938.05, | 31 |
2938.14, 2939.02, 2939.03, 2945.24, 2947.23, 3314.03, 3326.11, | 32 |
5155.12, and 5563.05 be amended, that sections 2313.05 (2313.04), | 33 |
2313.11 (2313.18), 2313.13 (2313.15), 2313.16 (2313.14), 2313.18 | 34 |
(2313.19), 2313.19 (2313.07), 2313.20 (2313.08), 2313.251 | 35 |
(2313.10), 2313.29 (2313.20), 2313.34 (2313.22), 2313.38 | 36 |
(2313.11), 2313.41 (2313.16), 2313.42 (2313.17), 2313.46 | 37 |
(2313.24), and 2313.47 (2313.13) be amended for the purpose of | 38 |
adopting new section numbers as indicated in parentheses, and that | 39 |
new sections 2313.05, 2313.06, 2313.09, 2313.21, and 2313.23 of | 40 |
the Revised Code be enacted to read as follows: | 41 |
Sec. 3.08. Proceedings for the removal of public officers on | 42 |
any of the grounds enumerated in section 3.07 of the Revised Code | 43 |
shall be commenced by the filing of a written or printed complaint | 44 |
specifically setting forth the charge and signed by qualified | 45 |
electors of the state or political subdivision whose officer it is | 46 |
sought to remove, not less in number than fifteen per cent of the | 47 |
total vote cast for governor at the most recent election for the | 48 |
office of governor in the state or political subdivision whose | 49 |
officer it is sought to remove, or, if the officer sought to be | 50 |
removed is the sheriff or prosecuting attorney of a county or the | 51 |
mayor of a municipal corporation, the governor may sign and file | 52 |
such written or printed complaint without the signatures of | 53 |
qualified electors. Such complaint shall be filed with the court | 54 |
of common pleas of the county where the officer against whom the | 55 |
complaint is filed resides, except that when the officer against | 56 |
whom the complaint is filed is a judge of the court of common | 57 |
pleas, such complaint shall be filed in the court of appeals of | 58 |
the district where such judge resides, and all complaints against | 59 |
state officers shall be filed with the court of appeals of the | 60 |
district where the officer against whom the complaint is filed | 61 |
resides. The judge or clerk of the court shall cause a copy of | 62 |
such complaint to be served upon the officer, against whom the | 63 |
complaint has been filed, at least ten days before the hearing | 64 |
upon such complaint. Such hearing shall be had within thirty days | 65 |
from the date of the filing of the complaint by said electors, or | 66 |
by the governor. The court may suspend the officer pending the | 67 |
hearing. | 68 |
The removal proceedings filed in the court of common pleas | 69 |
shall be tried by a judge unless a jury trial is demanded in | 70 |
writing by the officer against whom the complaint has been filed. | 71 |
If a jury is demanded, it shall be composed of twelve persons who | 72 |
satisfy the qualifications of a juror specified in section
2313.42 | 73 |
2313.17 of the Revised Code. If nine or more persons of that jury | 74 |
find one or more of the charges in the complaint are true, such | 75 |
jury shall return a finding for the removal of the officer, which | 76 |
finding shall be filed with the clerk of the court and be made a | 77 |
matter of public record. If less than nine persons of that jury | 78 |
find that the charges on the complaint are true, the jury shall | 79 |
return a finding that the complaint be dismissed. The proceedings | 80 |
had by a judge upon such removal shall be matters of public record | 81 |
and a full detailed statement of the reasons for such removal | 82 |
shall be filed with the clerk of the court and shall be made a | 83 |
matter of public record. | 84 |
Sec. 733.73. On the day fixed by the probate judge for the | 235 |
return of the citation issued pursuant to section 733.72 of the | 236 |
Revised Code, the village solicitor or city director of law shall | 237 |
appear on behalf of the complainant to conduct the prosecution, | 238 |
and the accused may also appear by counsel. A time shall be set | 239 |
for hearing the case, which shall be not more than ten days after | 240 |
such return. If a jury is demanded by either party, the probate | 241 |
judge shall direct the summoning of twelve menjurors in the | 242 |
manner provided by sections 2313.19 to 2313.26Chapter 2313. of | 243 |
the Revised Code. In a municipal corporation having no village | 244 |
solicitor or city director of law, or in case the village | 245 |
solicitor or city director of law is accused of any misfeasance or | 246 |
malfeasance in
his office, the prosecuting attorney shall appear | 247 |
on behalf of the complainant to conduct the prosecution. | 248 |
Sec. 733.74. On the day fixed for trial under section 733.73 | 249 |
of the Revised Code, if a jury is impaneled, either party, in | 250 |
addition to the peremptory challenges allowed by law in other | 251 |
cases, may object for good cause to any
jurymanjuror summoned, | 252 |
and vacancies occurring for any cause may be filled by the probate | 253 |
judge from the bystanders until the panel is full, unless the | 254 |
party charged, or histhe party's counsel, demands a special | 255 |
venirethat additional jurors be summoned to fill such vacancy. | 256 |
Sec. 1901.25. A municipal court may provide by rule the | 257 |
manner in which jurors shall be chosen, and may provide that | 258 |
jurors to be used in the court may be chosen and summoned by the | 259 |
jury commissioners of the county as provided in sections 2313.01 | 260 |
to 2313.26Chapter 2313. of the Revised Code. Selection shall be | 261 |
made from residents within the territory and those appearing to | 262 |
reside outside the territory shall be returned to the annual jury | 263 |
wheel, to the automation data processing storage drawer, or to any | 264 |
other automated data processing information storage device used | 265 |
pursuant to division (C) of section 2313.21 of the Revised Code | 266 |
list. Jurors shall be impaneled in the same manner, shall have the | 267 |
same qualifications, and shall be challenged for the same causes, | 268 |
and shall receive the same fees as jurors in the court of common | 269 |
pleas. Each municipal court shall establish the fees of jurors in | 270 |
that court. The fees of jurors in any criminal case involving the | 271 |
violation of state law shall be paid out of the county treasury. | 272 |
The fees of jurors in any criminal case involving a violation of a | 273 |
municipal ordinance shall be paid out of the treasury of the | 274 |
municipal corporation in which the violation occurred. | 275 |
Sec. 1907.28. A county court may provide, by rule, how | 276 |
jurors shall be chosen, and may provide that jurors to be used in | 277 |
the court may be chosen and summoned by the jury commissioners of | 278 |
the county as provided in Chapter 2313. of the Revised Code. | 279 |
Selection shall be made from residents within the county court | 280 |
district, and, if Chapter 2313. of the Revised Code is followed, | 281 |
those appearing to reside outside the district shall be returned | 282 |
to the annual jury wheel, to the automation data processing | 283 |
storage drawer, or to such other automated data processing | 284 |
information storage device used pursuant to division (C) of | 285 |
section 2313.21 of the Revised Codelist. | 286 |
Sec. 2101.30. Whenever a jury is required in the probate | 295 |
court, the probate judge shall notify the commissioners of jurors, | 296 |
who shall cause to be drawn from the annual jury wheel, or to be | 297 |
drawn by use of the automation data processing equipment and | 298 |
procedures described in section 2313.07 of the Revised Code,list | 299 |
the names of sixteen persons as jurypersonsjurors. Additional | 300 |
names may be drawn if required. The clerk of the court of common | 301 |
pleas or one of the clerk's deputies shall make a list of those | 302 |
names in the order drawn and certify the list to the probate | 303 |
court, and the court shall issue a veniresummons commanding the | 304 |
persons whose names were drawn to appear on the day and at the | 305 |
hour set for trial. The probate court shall deliver the venire | 306 |
summons to the sheriff, who shall serve it within five days of | 307 |
delivery and make prompt return of the service. | 308 |
Sec. 2311.42. In any civil case pending in the court of | 309 |
common pleas of any county, whereinin which the parties thereto | 310 |
are entitled to a trial by jury, if it appears that the board of | 311 |
county commissioners of the county in which suchthe action is | 312 |
pending is a party theretoto the action, the court, upon the | 313 |
application of either party, shall certify suchthat fact to the | 314 |
clerk of suchthe court of common pleas in any adjoining county, | 315 |
together with the time fixed for the trial of saidthe case and | 316 |
the number of jurors to be drawn, and shall order suchthe clerk | 317 |
and commissioners of jurors of that county to draw from the annual | 318 |
jury wheel, or draw by use of the automation data processing | 319 |
equipment and procedures described in section 2313.07 of the | 320 |
Revised Code,list the number of names of persons certified to | 321 |
serve as jurors in the trial of such cases in such otherthat | 322 |
county. The venire shall be issued to the sheriff or commissioners | 323 |
of jurors of the county from which suchthe jury is drawn, and | 324 |
shall be servedsummon the jurors as provided in section 2313.25 | 325 |
2313.10 of the Revised Code. SuchThe persons so drawn and | 326 |
summoned shall, in obedience to suchthe summons, appear in the | 327 |
court of the county in which suchthe action is pending to serve | 328 |
as jurors therein, being impaneled and subject to challenge the | 329 |
same as in other civil cases. | 330 |
Sec. 2313.01. (A) The judges of the courtsgeneral division | 340 |
of the court of common pleas shall appoint two suitable persons, | 341 |
neither of whom shall be an attorney at law nor more than one of | 342 |
whom shall be of the same political party, and either or both of | 343 |
whom may be court employees, to be commissioners of jurors for the | 344 |
county. The appointments shall be made in writing, by the judge or | 345 |
a majority of all the judges in those counties where there is more | 346 |
than one judge, and shall be filed in the office of the clerk of | 347 |
the court of common pleas of the county and entered upon the | 348 |
journal of the court. The commissioners shall hold office at the | 349 |
pleasure of the judges of the court of common pleas in the county | 350 |
of their appointment. The judges may at any time for good cause | 351 |
shown and, by a vote of a majority of all their number, remove any | 352 |
commissioner and appoint a successor. Upon a vacancy occurring in | 353 |
the office of commissioners of jurors, for any cause, the said | 354 |
judges shall, as soon as practicable, in like manner appoint a | 355 |
successor. The successor so appointed shall be of the same | 356 |
political party as the commissioner whose place is to be filled. | 357 |
The | 358 |
Sec. 2313.02. (A) The commissioners of jurors shall receive | 364 |
compensation fixed by the court of common pleas payable monthly | 365 |
out of the county treasury. They may appoint and remove, with the | 366 |
consent of saidthe court, expressed in writing, as many deputy | 367 |
commissioners as are necessary to carry out sections 2313.01 to | 368 |
2313.46, inclusive,Chapter 2313. of the Revised Code. The deputy | 369 |
commissioners shall receive compensation fixed and paid in like | 370 |
manner as that of the commissionersby the court of common pleas | 371 |
payable out of the county treasury. Such compensation may at any | 372 |
time be changed by the said court. The commissioners may, with the | 373 |
consent of said court, expressed in writing, from time to time | 374 |
appoint such clerks and messengers as are necessary. The | 375 |
compensation of such clerks and messengers shall be fixed by the | 376 |
said court, and paid monthly by the county. All appointments made | 377 |
under this section shall be filed in the office of the clerk of | 378 |
the court of common pleas and entered on the journal of the court. | 379 |
All such appointments of deputies, clerks, and messengers shall be | 380 |
made on the basis of ascertained merit and fitness alone, in | 381 |
accordance with rules prescribed by the said court. | 382 |
"I do solemnly swear (or affirm) that I will honestly and | 392 |
faithfully discharge the duties of a commissioner of jurors (or | 393 |
deputy commissioner of jurors) without fear or favor; and that I | 394 |
will consent to the selection of no person as juror whom I have | 395 |
been solicited to name as juror or whom I believe to be unfit for | 396 |
that position, or likely to render a partial verdict in any cause | 397 |
in which he may be called as juror; and that I will report to the | 398 |
court the names of any and all persons who, in any manner, seek by | 399 |
request, hint, or suggestion to influence me in the selection of | 400 |
jurors; and this I do as I shall answer to God" (or, "and this I | 401 |
do under the pains and penalties of perjury"). | 402 |
Sec. 2313.05. Sec. 2313.04. The board of county commissioners | 403 |
shall provide a suitable office for the commissioners of jurors on | 404 |
the order of the court of common pleas, and shall make provision | 405 |
for supplying all such booksequipment, stationery,
printing, | 406 |
automation data processing punch cards, magnetic tapes, magnetic | 407 |
discs, punched paper tapes, or other similar devices for use in an | 408 |
automated information retrieval systempostage, advertisement | 409 |
expenses, computer software, and advertisingother supplies as are | 410 |
requirednecessary for the
discharge ofproper and convenient | 411 |
conduct of the commissioners in discharging the duties imposed by | 412 |
sections 2313.01 to 2313.46, inclusive,Chapter 2313. of the | 413 |
Revised Code, in like manner as other public officers are | 414 |
supplied. | 415 |
(1) On a date ordered by the court of common pleas, the board | 422 |
of elections for each county shall compile and file with the | 423 |
commissioners of jurors of the county a certified, current list | 424 |
containing the names, addresses, and dates of birth of all the | 425 |
electors of the county shown on the registration lists for the | 426 |
most recent general election. The board of elections shall remove | 427 |
from the list of all electors those electors who have failed to | 428 |
vote at least once during the preceding four consecutive years. | 429 |
The voter list so compiled shall be the current voter list. | 430 |
(2) On a date ordered by the court of common pleas of any | 431 |
particular county, the registrar of motor vehicles shall compile | 432 |
and file with the commissioners of jurors of each county a | 433 |
certified, current list containing the names, addresses, dates of | 434 |
birth, and citizenship of all residents of the particular county | 435 |
who have been issued, on or after January 1, 1984, a commercial | 436 |
driver's license pursuant to Chapter 4506. or a driver's license | 437 |
or identification card pursuant to Chapter 4507. of the Revised | 438 |
Code that is valid and current on the date of the compilation of | 439 |
the list, who are or will be eighteen years of age or older as of | 440 |
the day of the general election of the year in which the list is | 441 |
filed, and who, regardless of whether they actually are registered | 442 |
to vote, would be electors if they were registered to vote. | 443 |
(B) In compiling the annual jury source list, the | 444 |
commissioners, unless otherwise ordered by the court of common | 445 |
pleas, shall include all names from the current voter list and may | 446 |
include all names for the certified, current list of all names | 447 |
provided to the commissioners from the registrar of motor | 448 |
vehicles; provided that, upon merging the lists, any duplication | 449 |
shall be eliminated. The commissioners shall exclude from the | 450 |
annual jury source list the names of any jurors permanently | 451 |
excused under section 2313.14 of the Revised Code and the names of | 452 |
any jurors discharged under section 2313.21 of the Revised Code. | 453 |
(C) The annual jury source list so compiled shall be | 454 |
certified by the commissioners and filed in their office before | 455 |
the beginning of each jury year. The names shall be entered in a | 456 |
suitable book or record, to be known as the "annual jury source | 457 |
list," and shall be arranged alphabetically. With each name shall | 458 |
be recorded the place of residence, date of birth, and citizenship | 459 |
of the person as nearly as they can be ascertained. A duplicate of | 460 |
the list shall be certified by the commissioners and filed in the | 461 |
office of the clerk of the court of common pleas. | 462 |
Sec. 2313.19. Sec. 2313.07. (A) The number of jurors to be drawn | 472 |
for each termthe jury year, and each separate part of a termjury | 473 |
year, or for any special term of a court of record, at which | 474 |
issues of facts are triable by jury, shall be fixed by a general | 475 |
order of the court, for which such jurors are drawn. If it is not | 476 |
so fixed, then the same shall be fixed by a written order made by | 477 |
the judge appointed to hold the same, or in case of his absence or | 478 |
inability to act, by another judge of the court. The order shall | 479 |
be filed in the office of the clerk of the court for which the | 480 |
jurors are to be drawn. If the number has not been fixed at the | 481 |
time of the drawing, the commissioners of jurors shall draw such | 482 |
fix a number
from the jury wheel, or by use of the automation data | 483 |
processing equipment and procedures described in section 2313.07 | 484 |
of the Revised Code, as they deemdetermine necessary for the | 485 |
business of the court for such term,jury year or for such part of | 486 |
a term, if the term consists of two or more separate partsjury | 487 |
year. | 488 |
Sec. 2313.20. Sec. 2313.08. (A) At least six days before the | 494 |
drawing of jurors under section 2313.232313.09 of the Revised | 495 |
Code, the commissioners of jurors shall publish notice of the | 496 |
drawing, in at least one newspaper of general circulation in the | 497 |
county. They shall also serve written notice upon the clerk of the | 498 |
court of common pleas, the sheriff, and at least one judge of the | 499 |
court of common pleas of the county. If all of the persons, or | 500 |
their designated representatives, required do not attend the | 501 |
drawing, the commissioners shall adjourn the drawing to another | 502 |
day. Thereupon the commissioners shall forthwith serve written | 503 |
notice upon the absent officers to attend upon the adjourned day, | 504 |
and the officer failing to attend upon the adjourned day himself | 505 |
or by his deputy or other designated representative shall forfeit | 506 |
one hundred dollars to the state, and the prosecuting attorney | 507 |
shall collect the amount by civil action. | 508 |
(B) The commissioners of jurors may establish an electronic | 545 |
notification system to allow a person who has been drawn as a | 546 |
juror to be notified electronically that the juror shall attend in | 547 |
person the termjury year or part of the termjury year specified | 548 |
in the notice. The types of electronic notification include, but | 549 |
are not limited to, cellular telephone, pager, e-mail, or other | 550 |
forms of telecommunication. If the commissioners of jurors | 551 |
establish an electronic notification system, the commissioners | 552 |
shall establish a procedure for implementing the system, a | 553 |
procedure for the juror to select the method of electronic | 554 |
notification that is applicable to the juror, and a procedure for | 555 |
the juror to opt in or opt out of the electronic notification | 556 |
system, whichever is applicable. | 557 |
(D) The sheriff, commissioners of jurors, or clerk of the | 564 |
court of common pleas shall summon each juror to attend in person | 565 |
or electronically the jury year, part of a jury year, or specified | 566 |
date within a part of the jury year for which the juror was drawn | 567 |
by serving upon the juror at least six days before the | 568 |
commencement of the jury year, part of a jury year, or specified | 569 |
date within a part of the jury year a summons addressed to the | 570 |
juror stating that the juror has been drawn and is required to | 571 |
attend in person the jury year, part of a jury year, or specified | 572 |
date within a part of the jury year specified in the notice. The | 573 |
jury commissioners or sheriff shall serve the summons by mail or | 574 |
by leaving it at the juror's residence or usual place of business. | 575 |
Sec. 2313.38. Sec. 2313.11. (A) When, by reason of challenge or | 578 |
other cause, enough jurors to make up the panel, either of the | 579 |
grand or petit jury, are not present, or if the array is set | 580 |
aside, upon order of the court the sheriff or commissioners of | 581 |
jurors shall immediately summon talesmenuntil the deficiency is | 582 |
made up. If the number for a grand jury is insufficient, the court | 583 |
may issue a special venire to the sheriff commanding him to summon | 584 |
the persons named therein to attend forthwith as grand jurorsas | 585 |
many persons having the qualifications of a juror as, in the | 586 |
opinion of the court, are necessary. The summoned jurors shall | 587 |
appear forthwith or at such times as the court fixes. | 588 |
Sec. 2313.12. It is the policy of this state that
allevery | 591 |
qualified citizens havecitizen has an obligation to serve on | 592 |
petit juries when summoned by the courts of this state unless the | 593 |
citizen is excused as provided in sections 2313.01 to 2313.46 | 594 |
Chapter 2313. of the Revised Code. The granting of an excuse or | 595 |
postponement to a juror shall be permitted as prescribed by | 596 |
sections 2313.01 to 2313.46 of the Revised Code and the general | 597 |
statutes of the state. The commissioners of jurors, upon request, | 598 |
shall issue to a person who is granted an excuse or postponement a | 599 |
certificate of that fact, and the certificate shall excuse the | 600 |
person to whom it is granted from jury service during the time | 601 |
specified in the certificate or shall postpone the time for jury | 602 |
service of the person to whom it is granted to the time specified | 603 |
in the certificate. The commissioners shall keep a record of all | 604 |
proceedings before them or in their office, of all persons who are | 605 |
granted an excuse or postponement, and of the time of and reasons | 606 |
for the excuse or postponement. | 607 |
Sec. 2313.47. Sec. 2313.13. No officer or other person charged | 608 |
with a duty in selecting or summoning jurors shall exclude or fail | 609 |
to summon a citizen as a grand or petit juror on account of his | 610 |
race or color, national origin, gender, age, religious belief, | 611 |
income, occupation, disability, or any other factor that forms the | 612 |
basis of a cognizable group of citizens, provided such citizen | 613 |
possesses all other qualifications required by law for jurors. | 614 |
(E) When a prospective juror who is liable to serve is | 693 |
excused in a case specified in this section, the prospective juror | 694 |
can be excused only by the judge presiding in the case or a | 695 |
representative of the judge. An excuse, including whether or not | 696 |
it is a permanent excuseor not, approved pursuant to this section | 697 |
shall not extend beyond that termjury year. Every approved excuse | 698 |
shall be recorded and filed with the commissioners of jurors. | 699 |
After twenty-four months, a person excused from jury service shall | 700 |
become eligible once again for qualification as a juror unless the | 701 |
person was excused from service permanently. A person is excused | 702 |
from jury service permanently only when the deciding judge | 703 |
determines that the underlying grounds for being excused are of a | 704 |
permanent nature. | 705 |
Sec. 2313.13. Sec. 2313.15. (A) The court of common pleas of a | 713 |
county or the judge of the court of common pleas of a county, upon | 714 |
aA juror may request made at least two business days before the | 715 |
juror's initial appearance by a juror who appears in person or | 716 |
contacts the appropriate court employee appointed by the court by | 717 |
telephone, in writing, or by electronic mail, shall postponeand | 718 |
the judge of the court of common pleas of a county, the | 719 |
commissioners of jurors, or the appropriate court employee shall | 720 |
grant, a postponement of the juror's initial appearance for jury | 721 |
duty if both of the following apply: | 722 |
(2) The juror and the appropriate court employee appointed by | 724 |
the court agree to a specified date on which the juror will appear | 725 |
for jury service. The specified date shall be one on which the | 726 |
court is in session and, unless extraordinary circumstances exist, | 727 |
that is within the jury year and not more than six months after | 728 |
the date for which the juror was originally called to serve. If | 729 |
extraordinary circumstances exist, the court may, at the court's | 730 |
discretion, specify a date on which the juror will appear for jury | 731 |
service that is more than six months after the date for which the | 732 |
juror was originally called to serve. | 733 |
(B) The court of common pleas of a county or the judge of the | 734 |
court of common pleas of a county may grant a second or subsequent | 735 |
postponement of jury service to a juror only in the event of an | 736 |
extreme emergency, such as a death in the juror's family, a sudden | 737 |
illness of the juror, or a natural disaster or national emergency | 738 |
in which the juror is personally involved, that could not have | 739 |
been anticipated at the time the initial postponement was granted. | 740 |
Before receiving a second or subsequent postponement, the juror | 741 |
shall agree to a specified date on which the juror will appear for | 742 |
jury service. The specified date shall be one on which the court | 743 |
is in session and that is not more than six months after the date | 744 |
of the postponement. | 745 |
(D)(E) The court of common pleas of a county or a judge of | 762 |
the court of common pleas of a county may excuse a juror, after | 763 |
summoning the juror for jury duty, from service on jury duty at | 764 |
that term of court for not more than three days at a time, if the | 765 |
exigencies of the juror's business require the juror's temporary | 766 |
excuseshall automatically postpone and reschedule to a mutually | 767 |
agreeable date not more than six months from the date of the | 768 |
summons the service of a summoned juror of an employer with | 769 |
twenty-five or fewer full-time employees, or their equivalent, if | 770 |
another employee of the employer has previously been summoned to | 771 |
appear and served as a juror within thirty days prior to the date | 772 |
on which that juror has been summoned and if that employee or | 773 |
employee demonstrates to the satisfaction of the court that the | 774 |
other employee was so summoned and did serve and that the employer | 775 |
has twenty-five or fewer full-time employees or their equivalent. | 776 |
Sec. 2313.41. Sec. 2313.16. A challenge to the array may be made | 777 |
and theby any party. The whole array may be set aside by the | 778 |
court when the jury, grand or petit, was not selected, drawn, or | 779 |
summoned, or when the officer who executed the venire did not | 780 |
proceed as prescribed by law. No challenge to the array shall be | 781 |
made or the whole array set aside by the court, by reason of the | 782 |
misnomer of a juror; but on challenge, a juror may be set aside by | 783 |
reason of a misnomer in his name; but such challenge shall only be | 784 |
made before the jury is impaneled and sworn, and noas required by | 785 |
Chapter 2313. of the Revised Code or if any group protected by | 786 |
section 2313.13 of the Revised Code is systematically excluded | 787 |
from the jury selection process. No indictment shall be quashed or | 788 |
verdict set aside for any such irregularity or misnomerin the | 789 |
selection of jurors if the jurors who formed the same possessed | 790 |
the requisite qualifications to act as jurors. | 791 |
Sec. 2313.42. Sec. 2313.17. (A) Any person called as a juror for | 792 |
the trial of any cause shall be examined under oath or upon | 793 |
affirmation as to histhe person's qualifications. A person is | 794 |
qualified to serve as a juror if he is an elector of the county | 795 |
and has been certified by the board of elections pursuant to | 796 |
section 2313.06 of the Revised Code. A person also is qualified to | 797 |
serve as a juror if hethe person is eighteen years of age or | 798 |
older, is a resident of the county, and is an elector or would be | 799 |
an elector if hethe person were registered to vote, regardless of | 800 |
whether hethe person actually is registered to vote, and has been | 801 |
certified by the registrar of motor vehicles pursuant to section | 802 |
2313.06 of the Revised Code or otherwise as having a valid and | 803 |
current driver's or commercial driver's license. | 804 |
(C) The court shall inform a prospective juror that if a | 864 |
question put to the prospective juror involves a legitimate | 865 |
privacy interest of that prospective juror the prospective juror | 866 |
has the right to request and have an in-camera hearing, on the | 867 |
record and with an attorneycounsel for the parties present, | 868 |
regarding any legal and pertinentto respond to that question put | 869 |
to the prospective juror by the court. The court is not required | 870 |
to hold an in-camera hearing under this division unless the | 871 |
information that is contained in the response to the question put | 872 |
to the prospective juror by the court is requested by any person, | 873 |
and the prospective juror requests that the information should not | 874 |
be released. | 875 |
(C) A court shall automatically postpone and reschedule the | 892 |
service of a summoned juror of an employer with twenty-five or | 893 |
fewer full-time employees, or their equivalent, if another | 894 |
employee of that employer has previously been summoned to appear | 895 |
during the same term or part of a term of that court for which | 896 |
that juror has been summoned and if that employer or employee | 897 |
demonstrates to the sufficiency of the court that the other | 898 |
employee has been so summoned. A postponement under this division | 899 |
does not constitute the excused individual's right to one | 900 |
automatic postponement pursuant to section 2313.13 of the Revised | 901 |
Code. | 902 |
(2) If a civil action in a court of common pleas is settled | 1015 |
after jurors are sworn, the fees of the jurors sworn shall be paid | 1016 |
in accordance with the settlement agreement. If the agreement does | 1017 |
not provide for the payment of the fees, the court shall order | 1018 |
that the fees be paid by any party, allocated among the parties, | 1019 |
or paid by the county. In making this determination, the court | 1020 |
shall consider whether the payment of the fees by a party against | 1021 |
whom they are proposed to be taxed would cause significant | 1022 |
financial hardship to that party or would not be in the interest | 1023 |
of justiceof the jurors sworn may be taxed as costs at the | 1024 |
discretion of the trial court. | 1025 |
Sec. 2939.02. Grand juries shall consist of fifteen persons | 1052 |
who satisfy the qualifications of a juror specified in section | 1053 |
2313.422313.17 of the Revised Code. Persons to serve as grand | 1054 |
jurors in the court of common pleas of each county shall be | 1055 |
selected from the persons whose names are contained in the annual | 1056 |
jury list and from the ballots deposited in the jury wheel, or in | 1057 |
the automation data processing storage drawer, or from the names | 1058 |
contained in an automated data processing information storage | 1059 |
device as prescribed by sections 2313.07, 2313.08, and 2313.35 of | 1060 |
the Revised Code. | 1061 |
At the time of the selection of the persons who are to | 1062 |
constitute the grand jury, the commissioners of jurors shall | 1063 |
randomly draw from the annual jury wheel, or draw by utilizing the | 1064 |
automation data processing equipment and procedures described in | 1065 |
section 2313.07 of the Revised Code, ballots containinglist the | 1066 |
names of not lessfewer than twenty-five persons. The first | 1067 |
fifteen persons whose names are drawn shall constitute the grand | 1068 |
jury, if they can be located and served by the sheriff, and if | 1069 |
they are not excused by the court or a judge of the court. If any | 1070 |
of the first fifteen persons whose names are so drawn are not | 1071 |
located or are unable to serve and are for that reason excused by | 1072 |
the court or by a judge of the court, whose duty it is to | 1073 |
supervise the impaneling of the grand jury, the judge shall then | 1074 |
designate the person whose name next appears on the list of | 1075 |
persons drawn, to serve in the place of the person not found or | 1076 |
excused and shall so continue to substitute the names of the | 1077 |
persons drawn in the order in which they were drawn, to fill all | 1078 |
vacancies resulting from persons not being found or having been | 1079 |
excused by the court or the judge of the court, until the | 1080 |
necessary fifteen persons are selected to make up the grand jury. | 1081 |
If all of the names appearing on the list of persons drawn are | 1082 |
exhausted before the grand jury is complete, the judge shall order | 1083 |
the commissioners of jurors to draw such additional names as the | 1084 |
judge determines, and shall proceed to fill the vacancies from | 1085 |
those names in the order in which they are drawn. | 1086 |
The judge of the court of common pleas may select any person | 1087 |
who satisfies the qualifications of a juror and whose name is not | 1088 |
included in the annual jury list or on a ballot deposited in the | 1089 |
jury wheel or automation data processing storage drawer, or whose | 1090 |
name is not contained in an automated data processing information | 1091 |
storage device, to preside as foremanforeperson of the grand | 1092 |
jury, in which event the grand jury shall consist of the foreman | 1093 |
foreperson so selected and fourteen additional grand jurors | 1094 |
selected from the annual jury wheel or by use of the automation | 1095 |
data processing equipment and procedures in the manner provided in | 1096 |
this sectionlist. | 1097 |
Sec. 2939.03. AExcept for a foreperson selected by the | 1098 |
judge of the court of common pleas under section 2939.02 of the | 1099 |
Revised Code, a grand jury is drawn and notified by the same | 1100 |
persons, from the same jury wheel, automation data processing | 1101 |
storage drawer, or automated data processing information storage | 1102 |
device, and in the same manner as other jurors are drawn and | 1103 |
notified under sections 2939.02 to 2939.04 and 2313.01 to 2313.46 | 1104 |
Chapter 2313. of the Revised Code. Grand jurors so drawn and | 1105 |
notified are not entitled to an exemption for any reason but may | 1106 |
be excused from service or have their service postponed for the | 1107 |
same reasons and in the same manner as other jurors under
those | 1108 |
sectionsthat chapter and not otherwise. Grand jurors are subject | 1109 |
to the same fines and penalties for nonattendance and otherwise as | 1110 |
are other jurors under
those sectionsthat chapter. The duties and | 1111 |
the powers of courts of common pleas, clerks of courts of common | 1112 |
pleas, and commissioners of jurors in regard to grand jurors in | 1113 |
all respects are the same as in regard to other jurors. | 1114 |
(B) If a judge or magistrate has reason to believe that a | 1150 |
defendant has failed to pay the judgment described in division (A) | 1151 |
of this section or has failed to timely make payments towards that | 1152 |
judgment under a payment schedule approved by the judge or | 1153 |
magistrate, the judge or magistrate shall hold a hearing to | 1154 |
determine whether to order the offender to perform community | 1155 |
service for that failure. The judge or magistrate shall notify | 1156 |
both the defendant and the prosecuting attorney of the place, | 1157 |
time, and date of the hearing and shall give each an opportunity | 1158 |
to present evidence. If, after the hearing, the judge or | 1159 |
magistrate determines that the defendant has failed to pay the | 1160 |
judgment or to timely make payments under the payment schedule and | 1161 |
that imposition of community service for the failure is | 1162 |
appropriate, the judge or magistrate may order the offender to | 1163 |
perform community service in an amount of not more than forty | 1164 |
hours per month until the judgment is paid or until the judge or | 1165 |
magistrate is satisfied that the offender is in compliance with | 1166 |
the approved payment schedule. If the judge or magistrate orders | 1167 |
the defendant to perform community service under this division, | 1168 |
the defendant shall receive credit upon the judgment at the | 1169 |
specified hourly credit rate per hour of community service | 1170 |
performed, and each hour of community service performed shall | 1171 |
reduce the judgment by that amount. Except for the credit and | 1172 |
reduction provided in this division, ordering an offender to | 1173 |
perform community service under this division does not lessen the | 1174 |
amount of the judgment and does not preclude the state from taking | 1175 |
any other action to execute the judgment. | 1176 |
(d) The school will comply with sections 9.90, 9.91, 109.65, | 1245 |
121.22, 149.43, 2151.357, 2151.421, 2313.182313.19, 3301.0710, | 1246 |
3301.0711, 3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, | 1247 |
3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643, | 1248 |
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, | 1249 |
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, | 1250 |
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 3313.817, | 1251 |
3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 3319.41, | 1252 |
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, | 1253 |
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters | 1254 |
117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167. | 1255 |
of the Revised Code as if it were a school district and will | 1256 |
comply with section 3301.0714 of the Revised Code in the manner | 1257 |
specified in section 3314.17 of the Revised Code. | 1258 |
(f) The school will comply with sections 3313.61, 3313.611, | 1261 |
and 3313.614 of the Revised Code, except that for students who | 1262 |
enter ninth grade for the first time before July 1, 2010, the | 1263 |
requirement in sections 3313.61 and 3313.611 of the Revised Code | 1264 |
that a person must successfully complete the curriculum in any | 1265 |
high school prior to receiving a high school diploma may be met by | 1266 |
completing the curriculum adopted by the governing authority of | 1267 |
the community school rather than the curriculum specified in Title | 1268 |
XXXIII of the Revised Code or any rules of the state board of | 1269 |
education. Beginning with students who enter ninth grade for the | 1270 |
first time on or after July 1, 2010, the requirement in sections | 1271 |
3313.61 and 3313.611 of the Revised Code that a person must | 1272 |
successfully complete the curriculum of a high school prior to | 1273 |
receiving a high school diploma shall be met by completing the | 1274 |
Ohio core curriculum prescribed in division (C) of section | 1275 |
3313.603 of the Revised Code, unless the person qualifies under | 1276 |
division (D) or (F) of that section. Each school shall comply with | 1277 |
the plan for awarding high school credit based on demonstration of | 1278 |
subject area competency, adopted by the state board of education | 1279 |
under division (J) of section 3313.603 of the Revised Code. | 1280 |
(15) A financial plan detailing an estimated school budget | 1305 |
for each year of the period of the contract and specifying the | 1306 |
total estimated per pupil expenditure amount for each such year. | 1307 |
The plan shall specify for each year the base formula amount that | 1308 |
will be used for purposes of funding calculations under section | 1309 |
3314.08 of the Revised Code. This base formula amount for any year | 1310 |
shall not exceed the formula amount defined under section 3317.02 | 1311 |
of the Revised Code. The plan may also specify for any year a | 1312 |
percentage figure to be used for reducing the per pupil amount of | 1313 |
the subsidy calculated pursuant to section 3317.029 of the Revised | 1314 |
Code the school is to receive that year under section 3314.08 of | 1315 |
the Revised Code. | 1316 |
(17) Whether the school is to be created by converting all or | 1320 |
part of an existing public school or educational service center | 1321 |
building or is to be a new start-up school, and if it is a | 1322 |
converted public school or service center building, specification | 1323 |
of any duties or responsibilities of an employer that the board of | 1324 |
education or service center governing board that operated the | 1325 |
school or building before conversion is delegating to the | 1326 |
governing authority of the community school with respect to all or | 1327 |
any specified group of employees provided the delegation is not | 1328 |
prohibited by a collective bargaining agreement applicable to such | 1329 |
employees; | 1330 |
(25) Beginning in the 2006-2007 school year, the school will | 1377 |
open for operation not later than the thirtieth day of September | 1378 |
each school year, unless the mission of the school as specified | 1379 |
under division (A)(2) of this section is solely to serve dropouts. | 1380 |
In its initial year of operation, if the school fails to open by | 1381 |
the thirtieth day of September, or within one year after the | 1382 |
adoption of the contract pursuant to division (D) of section | 1383 |
3314.02 of the Revised Code if the mission of the school is solely | 1384 |
to serve dropouts, the contract shall be void. | 1385 |
(E) Upon the expiration of a contract entered into under this | 1436 |
section, the sponsor of a community school may, with the approval | 1437 |
of the governing authority of the school, renew that contract for | 1438 |
a period of time determined by the sponsor, but not ending earlier | 1439 |
than the end of any school year, if the sponsor finds that the | 1440 |
school's compliance with applicable laws and terms of the contract | 1441 |
and the school's progress in meeting the academic goals prescribed | 1442 |
in the contract have been satisfactory. Any contract that is | 1443 |
renewed under this division remains subject to the provisions of | 1444 |
sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 1445 |
Sec. 3326.11. Each science, technology, engineering, and | 1455 |
mathematics school established under this chapter and its | 1456 |
governing body shall comply with sections 9.90, 9.91, 109.65, | 1457 |
121.22, 149.43, 2151.357, 2151.421, 2313.182313.19, 2921.42, | 1458 |
2921.43, 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18, | 1459 |
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50, | 1460 |
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015, | 1461 |
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648, | 1462 |
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67, | 1463 |
3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71, | 1464 |
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814, | 1465 |
3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3319.21, | 1466 |
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, | 1467 |
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, | 1468 |
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters | 1469 |
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., | 1470 |
4123., 4141., and 4167. of the Revised Code as if it were a school | 1471 |
district. | 1472 |
Section 2. That existing sections 3.08, 163.10, 311.17, | 1488 |
509.15, 733.73, 733.74, 1901.25, 1907.28, 2101.30, 2311.42, | 1489 |
2313.01, 2313.02, 2313.03, 2313.05, 2313.11, 2313.12, 2313.13, | 1490 |
2313.16, 2313.18, 2313.19, 2313.20, 2313.251, 2313.29, 2313.34, | 1491 |
2313.38, 2313.41, 2313.42, 2313.46, 2313.47, 2313.99, 2335.28, | 1492 |
2938.05, 2938.14, 2939.02, 2939.03, 2945.24, 2947.23, 3314.03, | 1493 |
3326.11, 5155.12, and 5563.05 and sections
2313.04, 2313.06, | 1494 |
2313.07, 2313.08, 2313.09, 2313.10, 2313.14,
2313.15,
2313.21, | 1495 |
2313.22, 2313.23, 2313.24, 2313.25, 2313.26,
2313.30,
2313.32, | 1496 |
2313.33, 2313.35, 2313.36, 2313.37, 2313.39, 2313.40,
2313.43, | 1497 |
and
2313.45 of the Revised Code are hereby repealed. | 1498 |