As Passed by the Senate

130th General Assembly Regular Session 2013-2014

Am. Sub. H. B. No. 261

Representatives Butler, Stinziano 

Cosponsors: Representatives Antonio, Baker, Barnes, Bishoff, Blessing, Boose, Burkley, Conditt, Green, Hottinger, Letson, Patmon, Ruhl, Sprague, Terhar Speaker Batchelder 

Senators Obhof, Coley, Seitz, Eklund, Oelslager 

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A BILL

To amend sections 141.04, 141.13, 1901.10, 1901.12,

1

1907.14, 2701.03, 2701.031, 2743.03, 2743.04,

2

2743.09, 2743.121, 2743.20, 2743.52, 2743.53,

3

2743.531, 2743.55, 2743.60, 2743.601, 2743.61,

4

2743.62, 2743.63, 2743.64, 2743.65, 2743.66,

5

2743.67, 2743.68, 2743.69, and 2743.71, to enact

6

new section 1901.121 and sections 1901.122,

7

1901.123, 1907.141, 1907.142, 1907.143, and

8

2743.041, and to repeal sections 1901.121 and

9

2743.54 of the Revised Code to abolish the office

10

of the Court of Claims commissioner, to transfer

11

the powers of a judge of the Court of Claims to

12

the court; to specify certain powers of a Court of

13

Claims magistrate, to modify the Attorney

14

General's annual report on the crime victims

15

compensation program, to conform existing law to

16

the existing filing period for filing a claim for

17

reparations by an adult, to eliminate the

18

procedure for filing an affidavit of

19

disqualification for a judge of a municipal or

20

county court and instead include the

21

disqualification of a judge of a municipal or

22

county court and a judge of the court of claims

23

within the procedure for filing an affidavit of

24

disqualification for a probate judge, a judge of a

25

court of appeals, and a judge of the court of

26

common pleas, to change the basis of the per diem

27

compensation of a retired judge who serves on the

28

Court of Claims from the annual compensation of a

29

judge of a court of appeals to the annual

30

compensation of a judge of a court of common

31

pleas, to modify the methods of filling a vacant

32

municipal or county court judgeship, of assigning

33

an additional judge for a municipal court, and of

34

compensating the new or additional judge and to

35

modify the procedure for reimbursing counties for

36

compensating such judges.

37

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

Section 1. That sections 141.04, 141.13, 1901.10, 1901.12,	38
1907.14, 2701.03, 2701.031, 2743.03, 2743.04, 2743.09, 2743.121,	39
2743.20, 2743.52, 2743.53, 2743.531, 2743.55, 2743.60, 2743.601,	40
2743.61, 2743.62, 2743.63, 2743.64, 2743.65, 2743.66, 2743.67,	41
2743.68, 2743.69, and 2743.71 be amended and new section 1901.121	42
and sections 1901.122, 1901.123, 1907.141, 1907.142, 1907.143, and	43
2743.041 of the Revised Code be enacted to read as follows:	44

Sec. 141.04.  (A) The annual salaries of the chief justice of	45
the supreme court and of the justices and judges named in this	46
section payable from the state treasury are as follows, rounded to	47
the nearest fifty dollars:	48

(1) For the chief justice of the supreme court, the following	49
amounts effective in the following years:	50

(a) Beginning January 1, 2000, one hundred twenty-four	51
thousand nine hundred dollars;	52

(b) Beginning January 1, 2001, one hundred twenty-eight	53
thousand six hundred fifty dollars;	54

(c) After 2001, the amount determined under division (E)(1)	55
of this section.	56

(2) For the justices of the supreme court, the following	57
amounts effective in the following years:	58

(a) Beginning January 1, 2000, one hundred seventeen thousand	59
two hundred fifty dollars;	60

(b) Beginning January 1, 2001, one hundred twenty thousand	61
seven hundred fifty dollars;	62

(c) After 2001, the amount determined under division (E)(1)	63
of this section.	64

(3) For the judges of the courts of appeals, the following	65
amounts effective in the following years:	66

(a) Beginning January 1, 2000, one hundred nine thousand two	67
hundred fifty dollars;	68

(b) Beginning January 1, 2001, one hundred twelve thousand	69
five hundred fifty dollars;	70

(c) After 2001, the amount determined under division (E)(1)	71
of this section.	72

(4) For the judges of the courts of common pleas, the	73
following amounts effective in the following years:	74

(a) Beginning January 1, 2000, one hundred thousand five	75
hundred dollars, reduced by an amount equal to the annual	76
compensation paid to that judge from the county treasury pursuant	77
to section 141.05 of the Revised Code;	78

(b) Beginning January 1, 2001, one hundred three thousand	79
five hundred dollars, reduced by an amount equal to the annual	80
compensation paid to that judge from the county treasury pursuant	81
to section 141.05 of the Revised Code;	82

(c) After 2001, the aggregate annual salary amount determined	83
under division (E)(2) of this section reduced by an amount equal	84
to the annual compensation paid to that judge from the county	85
treasury pursuant to section 141.05 of the Revised Code.	86

(5) For the full-time judges of a municipal court or the	87
part-time judges of a municipal court of a territory having a	88
population of more than fifty thousand, the following amounts	89
effective in the following years, which amounts shall be in	90
addition to all amounts received pursuant to divisions (B)(1)(a)	91
and (2) of section 1901.11 of the Revised Code from municipal	92
corporations and counties:	93

(a) Beginning January 1, 2000, thirty-two thousand six	94
hundred fifty dollars;	95

(b) Beginning January 1, 2001, thirty-five thousand five	96
hundred dollars;	97

(c) After 2001, the amount determined under division (E)(3)	98
of this section.	99

(6) For judges of a municipal court designated as part-time	100
judges by section 1901.08 of the Revised Code, other than	101
part-time judges to whom division (A)(5) of this section applies,	102
and for judges of a county court, the following amounts effective	103
in the following years, which amounts shall be in addition to any	104
amounts received pursuant to division (A) of section 1901.11 of	105
the Revised Code from municipal corporations and counties or	106
pursuant to division (A) of section 1907.16 of the Revised Code	107
from counties:	108

(a) Beginning January 1, 2000, eighteen thousand eight	109
hundred dollars;	110

(b) Beginning January 1, 2001, twenty thousand four hundred	111
fifty dollars;	112

(c) After 2001, the amount determined under division (E)(4)	113
of this section.	114

(B) Except as provided in section 1901.121sections 1901.122	115
and 1901.123 of the Revised Code, except as otherwise provided in	116
this division, and except for the compensation to which the judges	117
described in division (A)(5) of this section are entitled pursuant	118
to divisions (B)(1)(a) and (2) of section 1901.11 of the Revised	119
Code, the annual salary of the chief justice of the supreme court	120
and of each justice or judge listed in division (A) of this	121
section shall be paid in equal monthly installments from the state	122
treasury. If the chief justice of the supreme court or any justice	123
or judge listed in division (A)(2), (3), or (4) of this section	124
delivers a written request to be paid biweekly to the	125
administrative director of the supreme court prior to the first	126
day of January of any year, the annual salary of the chief justice	127
or the justice or judge that is listed in division (A)(2), (3), or	128
(4) of this section shall be paid, during the year immediately	129
following the year in which the request is delivered to the	130
administrative director of the supreme court, biweekly from the	131
state treasury.	132

(C) Upon the death of the chief justice or a justice of the	133
supreme court during that person's term of office, an amount shall	134
be paid in accordance with section 2113.04 of the Revised Code, or	135
to that person's estate. The amount shall equal the amount of the	136
salary that the chief justice or justice would have received	137
during the remainder of the unexpired term or an amount equal to	138
the salary of office for two years, whichever is less.	139

(D) Neither the chief justice of the supreme court nor any	140
justice or judge of the supreme court, the court of appeals, the	141
court of common pleas, or the probate court shall hold any other	142
office of trust or profit under the authority of this state or the	143
United States.	144

(E)(1) Each year from 2002 through 2008, the annual salaries	145
of the chief justice of the supreme court and of the justices and	146
judges named in divisions (A)(2) and (3) of this section shall be	147
increased by an amount equal to the adjustment percentage for that	148
year multiplied by the compensation paid the preceding year	149
pursuant to division (A)(1), (2), or (3) of this section.	150

(2) Each year from 2002 through 2008, the aggregate annual	151
salary payable under division (A)(4) of this section to the judges	152
named in that division shall be increased by an amount equal to	153
the adjustment percentage for that year multiplied by the	154
aggregate compensation paid the preceding year pursuant to	155
division (A)(4) of this section and section 141.05 of the Revised	156
Code.	157

(3) Each year from 2002 through 2008, the salary payable from	158
the state treasury under division (A)(5) of this section to the	159
judges named in that division shall be increased by an amount	160
equal to the adjustment percentage for that year multiplied by the	161
aggregate compensation paid the preceding year pursuant to	162
division (A)(5) of this section and division (B)(1)(a) of section	163
1901.11 of the Revised Code.	164

(4) Each year from 2002 through 2008, the salary payable from	165
the state treasury under division (A)(6) of this section to the	166
judges named in that division shall be increased by an amount	167
equal to the adjustment percentage for that year multiplied by the	168
aggregate compensation paid the preceding year pursuant to	169
division (A)(6) of this section and division (A) of section	170
1901.11 of the Revised Code from municipal corporations and	171
counties or division (A) of section 1907.16 of the Revised Code	172
from counties.	173

(F) In addition to the salaries payable pursuant to this	174
section, the chief justice of the supreme court and the justices	175
of the supreme court shall be entitled to a vehicle allowance of	176
five hundred dollars per month, payable from the state treasury.	177
The allowance shall be increased on the first day of January of	178
each odd-numbered year by an amount equal to the percentage	179
increase, if any, in the consumer price index for the immediately	180
preceding twenty-four month period for which information is	181
available.	182

(G) On or before the first day of December of each year, the	183
Ohio supreme court, through its chief administrator, shall notify	184
the administrative judge of the Montgomery county municipal court,	185
the board of county commissioners of Montgomery county, and the	186
treasurer of the state of the yearly salary cost of five part-time	187
county court judges as of that date. If the total yearly salary	188
costs of all of the judges of the Montgomery county municipal	189
court as of the first day of December of that same year exceeds	190
that amount, the administrative judge of the Montgomery county	191
municipal court shall cause payment of the excess between those	192
two amounts less any reduced amount paid for the health care costs	193
of the Montgomery county municipal court judges in comparison to	194
the health care costs of five part-time county court judges from	195
the general special projects fund or the fund for a specific	196
special project created pursuant to section 1901.26 of the Revised	197
Code to the treasurer of Montgomery county and to the treasurer of	198
the state in amounts proportional to the percentage of the	199
salaries of the municipal court judges paid by the county and by	200
the state.	201

(H) As used in this section:

202

(1) The "adjustment percentage" for a year is the lesser of	203
the following:	204

(a) Three per cent;

205

(b) The percentage increase, if any, in the consumer price	206
index over the twelve-month period that ends on the thirtieth day	207
of September of the immediately preceding year, rounded to the	208
nearest one-tenth of one per cent.	209

(2) "Consumer price index" has the same meaning as in section	210
101.27 of the Revised Code.	211

(3) "Salary" does not include any portion of the cost,	212
premium, or charge for health, medical, hospital, dental, or	213
surgical benefits, or any combination of those benefits, covering	214
the chief justice of the supreme court or a justice or judge named	215
in this section and paid on the chief justice's or the justice's	216
or judge's behalf by a governmental entity.	217

Sec. 141.13.  (A) No fees in addition to the salaries and	218
compensation provided in sections 141.01 to 141.12 of the Revised	219
Code shall be allowed to any such officer. No additional	220
remuneration shall be given any such officer under any other title	221
than that by which the officer was elected or duly appointed.	222
Subject to division (B) of this section, the salaries provided in	223
such sections shall be in full compensation for any services	224
rendered by such officers and employees, payment of which is made	225
from the state treasury.	226

(B) Division (A) of this section does not affect any right of	227
a full-time municipal court judge, or a part-time judge of a	228
municipal court of a territory having a population of more than	229
fifty thousand, to compensation under divisions (B)(1)(a) and (2)	230
of section 1901.11 of the Revised Code; to health, medical,	231
hospital, dental, or surgical benefits coverage or other fringe	232
benefits provided pursuant to Chapter 1901. of the Revised Code;	233
or to compensation, fringe benefits, or expenses otherwise	234
provided pursuant to that or any other chapter of the Revised	235
Code. Division (A) of this section also does not affect any right	236
of an acting judge, judge, or a retiredassigned judge as	237
described in division (A) of section 1901.121sections 1901.122	238
and 1901.123 of the Revised Code to compensation to which an	239
acting judge, judge, or a retiredassigned judge is entitled under	240
Chapter 1901. of the Revised Code, or to any health, medical,	241
hospital, dental, or surgical benefits coverage, other fringe	242
benefits or compensation, or expenses to which an acting judge,	243
judge, or a retiredassigned judge may be entitled under that or	244
any other chapter of the Revised Code.	245

Sec. 1901.10.  (A)(1)(a) The judges of thea municipal court	246
and officers of the court shall take an oath of office as provided	247
in section 3.23 of the Revised Code. The	248

(B) The office of judge of thea municipal court is subject	249
to forfeiture, and the judge may be removed from office, for the	250
causes and by the procedure provided in sections 3.07 to 3.10 of	251
the Revised Code. A vacancy in the office of judge exists upon the	252
death, resignation, forfeiture, removal from office, or absence	253
from official duties for a period of six consecutive months, as	254
determined under this section, of the judge and also by reason of	255
the expiration of the term of an incumbent when no successor has	256
been elected or qualified. The chief justice of the supreme court	257
may designate a judge of another municipal court to act until that	258
vacancy is filled in accordance with section 107.08 of the Revised	259
Code. A vacancy resulting from the absence of a judge from	260
official duties for a period of six consecutive months shall be	261
determined and declared by the legislative authority.	262

(b)(C)(1) If a vacancy occurs in the office of judge or clerk	263
of the municipal court after the one-hundredth day before the	264
first Tuesday after the first Monday in May and prior to the	265
fortieth day before the day of the general election, all	266
candidates for election to the unexpired term of the judge or	267
clerk shall file nominating petitions with the board of elections	268
not later than four p.m. on the tenth day following the day on	269
which the vacancy occurs, except that, when the vacancy occurs	270
fewer than six days before the fortieth day before the general	271
election, the deadline for filing shall be four p.m. on the	272
thirty-sixth day before the day of the general election.	273

(c)(2) Each nominating petition referred to in division	274
(A)(C)(1)(b) of this section shall be in the form prescribed in	275
section 3513.261 of the Revised Code and shall be signed by at	276
least fifty qualified electors of the territory of the municipal	277
court. No nominating petition shall be accepted for filing or	278
filed if it appears on its face to contain signatures aggregating	279
in number more than twice the minimum aggregate number of	280
signatures required by this section.	281

(2) If a judge of a municipal court that has only one judge	282
is temporarily absent, incapacitated, or otherwise unavailable,	283
the judge may appoint a substitute who has the qualifications	284
required by section 1901.06 of the Revised Code or a retired judge	285
of a court of record who is a qualified elector and a resident of	286
the territory of the court. If the judge is unable to make the	287
appointment, the chief justice of the supreme court shall appoint	288
a substitute. The appointee shall serve during the absence,	289
incapacity, or unavailability of the incumbent, shall have the	290
jurisdiction and powers conferred upon the judge of the municipal	291
court, and shall be styled "acting judge." During that time of	292
service, the acting judge shall sign all process and records and	293
shall perform all acts pertaining to the office, except that of	294
removal and appointment of officers of the court. All courts shall	295
take judicial notice of the selection and powers of the acting	296
judge. The incumbent judge shall establish the amount of	297
compensation of an acting judge upon either a per diem, hourly, or	298
other basis, but the rate of pay shall not exceed the per diem	299
amount received by the incumbent judge.	300

(B) When the volume of cases pending in any municipal court	301
necessitates an additional judge, the chief justice of the supreme	302
court, upon the written request of the judge or presiding judge of	303
that municipal court, may designate a judge of another municipal	304
court or county court to serve for any period of time that the	305
chief justice may prescribe. The compensation of a judge so	306
designated shall be paid from the city treasury or, in the case of	307
a county-operated municipal court, from the county treasury. In	308
addition to the annual salary provided for in section 1901.11 of	309
the Revised Code and in addition to any compensation under	310
division (A)(5) or (6) of section 141.04 of the Revised Code to	311
which the judge is entitled in connection with the judge's own	312
court, a full-time or part-time judge while holding court outside	313
the judge's territory on the designation of the chief justice	314
shall receive actual and necessary expenses and compensation as	315
follows:	316

(1) A full-time judge shall receive thirty dollars for each	317
day of the assignment.	318

(2) A part-time judge shall receive for each day of the	319
assignment the per diem compensation of the judges of the court to	320
which the judge is assigned, less the per diem amount paid to	321
those judges pursuant to section 141.04 of the Revised Code,	322
calculated on the basis of two hundred fifty working days per	323
year.	324

If a request is made by a judge or the presiding judge of a	325
municipal court to designate a judge of another municipal court	326
because of the volume of cases in the court for which the request	327
is made and the chief justice reports, in writing, that no	328
municipal or county court judge is available to serve by	329
designation, the judges of the court requesting the designation	330
may appoint a substitute as provided in division (A)(2) of this	331
section, who may serve for any period of time that is prescribed	332
by the chief justice. The substitute judge shall be paid in the	333
same manner and at the same rate as the incumbent judges, except	334
that, if the substitute judge is entitled to compensation under	335
division (A)(5) or (6) of section 141.04 of the Revised Code, then	336
section 1901.121 of the Revised Code shall govern its payment.	337

Sec. 1901.12.  (A) A municipal judge of a municipal court is	338
entitled to thirty days of vacation in each calendar year. Not	339
less than two hundred forty days of open session of the municipal	340
court shall be held by each judge during the year, unless all	341
business of the court is disposed of sooner.	342

(B) When a court consists of a single judge, a qualified	343
substitute may be appointed in accordance with division (A)(2) of	344
section 1901.10 of the Revised Code to serve during the thirty-day	345
vacation period, who shall be paid in the same manner and at the	346
same rate as the incumbent judge, except that, if the substitute	347
judge is entitled to compensation under division (A)(5) or (6) of	348
section 141.04 of the Revised Code, then section 1901.121 of the	349
Revised Code shall govern its payment. If a municipal court	350
consists of two or more judges, one of the judges shall be in	351
attendance at the court at all times, and the presiding judge	352
shall have the authority to designate the vacation period for each	353
judge, and when necessary, to appoint a substitute for the judge	354
when on vacation or not in attendance. If a court consists of more	355
than two judges, two-thirds of the court shall be in attendance at	356
all times, and the presiding judge shall have authority to	357
designate the vacation period of each judge, and, when necessary,	358
to appoint a substitute for any judge on vacation or not in	359
attendance.	360

Sec. 1901.121.  (A)(1) If a vacancy occurs in the office of a	361
judge of a municipal court that consists of only one judge or if	362
the judge of a municipal court of that nature is incapacitated or	363
unavailable due to disqualification, suspension, or recusal, the	364
chief justice of the supreme court may assign a sitting judge of	365
another court of record or a retired judge of a court of record to	366
temporarily serve on the court in accordance with rules adopted by	367
the supreme court pursuant to division (A)(1) of Section 5 of	368
Article IV, Ohio Constitution. The assignee shall be styled	369
"assigned judge" and shall serve for any period of time the chief	370
justice may prescribe.	371

(2) If a judge of a municipal court that consists of only one	372
judge is otherwise temporarily absent for a reason other than as	373
specified in division (A)(1) of this section, the judge may do	374
either of the following:	375

(a) Appoint a substitute who is a resident of the territory	376
of the court or, if the territory of the court has a population of	377
less than twenty-five thousand according to the latest federal	378
decennial census and the judge is unable to appoint a substitute	379
who is a resident of the territory of the court, appoint a	380
substitute who is a resident of the territory of a municipal or	381
county court that is contiguous to the court. The appointee shall	382
either be admitted to the practice of law in this state and have	383
been, for a total of at least six years preceding appointment,	384
engaged in the practice of law in this state or a judge of a court	385
of record in any jurisdiction in the United States or be a retired	386
judge of a court of record. The appointee shall be styled "acting	387
judge" and shall temporarily serve on the court during the	388
temporary absence of the incumbent judge.	389

(b) Request the chief justice of the supreme court to assign	390
a sitting judge of another court of record or a retired judge of a	391
court of record to temporarily serve on the court in accordance	392
with rules adopted by the supreme court pursuant to division	393
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	394
shall be styled "assigned judge" and shall serve for any period of	395
time the chief justice may prescribe.	396

(B) If a vacancy occurs in the office of a judge of a	397
municipal court that consists of two judges or if a judge of a	398
municipal court of that nature is incapacitated, unavailable, or	399
temporarily absent, the presiding judge may do either of the	400
following:	401

(1) Appoint a substitute who is a resident of the territory	402
of the court or, if the territory of the court has a population of	403
less than twenty-five thousand according to the latest federal	404
decennial census and the judge is unable to appoint a substitute	405
who is a resident of the territory of the court, appoint a	406
substitute who is a resident of the territory of a municipal or	407
county court that is contiguous to the court. The appointee shall	408
either be admitted to the practice of law in this state and have	409
been, for a total of at least six years preceding appointment,	410
engaged in the practice of law in this state or a judge of a court	411
of record in any jurisdiction in the United States or be a retired	412
judge of a court of record. The appointee shall be styled "acting	413
judge" and shall temporarily serve on the court during the vacancy	414
or the incapacity, unavailability, or temporary absence of the	415
incumbent judge.	416

(2) Request the chief justice of the supreme court to assign	417
a sitting judge of another court of record or a retired judge of a	418
court of record to temporarily serve on the court in accordance	419
with rules adopted by the supreme court pursuant to division	420
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	421
shall be styled "assigned judge" and shall serve for any period of	422
time the chief justice may prescribe.	423

(C) If a vacancy occurs in the office of a judge of a	424
municipal court that consists of three or more judges or if a	425
judge of a municipal court of that nature is incapacitated,	426
unavailable, or temporarily absent, the presiding judge may do	427
either of the following:	428

(1) If no other judge of the court is available to perform	429
the duties of the judge, appoint a substitute who is a resident of	430
the territory of the court. The appointee shall either be admitted	431
to the practice of law in this state and have been, for a total of	432
at least six years preceding appointment, engaged in the practice	433
of law in this state or a judge of a court of record in any	434
jurisdiction in the United States or be a retired judge of a court	435
of record. The appointee shall be styled "acting judge" and shall	436
temporarily serve on the court during the vacancy or the	437
incapacity, unavailability, or temporary absence of the incumbent	438
judge.	439

(2) Request the chief justice of the supreme court to assign	440
a sitting judge of another court of record or a retired judge of a	441
court of record to temporarily serve on the court in accordance	442
with rules adopted by the supreme court pursuant to division	443
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	444
shall be styled "assigned judge" and shall serve for any period of	445
time the chief justice may prescribe.	446

(D) When the volume of cases pending in any municipal court	447
necessitates an additional judge, the judge, if the court consists	448
of a single judge, or the presiding judge, if the court consists	449
of two or more judges, may request the chief justice of the	450
supreme court to assign a sitting judge of another court of record	451
or a retired judge of a court of record to temporarily serve on	452
the court in accordance with rules adopted by the supreme court	453
pursuant to division (A)(1) of Section 5 of Article IV, Ohio	454
Constitution. The appointee shall be styled "assigned judge" and	455
shall serve for any period of time the chief justice may	456
prescribe.	457

(E) An acting judge appointed pursuant to division (A)(2)(a),	458
(B)(1), or (C)(1) of this section and an assigned judge assigned	459
pursuant to division (A)(1), (A)(2)(b), (B)(2), (C)(2), or (D) of	460
this section shall have the jurisdiction and adjudicatory powers	461
conferred upon the judge of the municipal court. During the time	462
of service, the acting judge or assigned judge shall sign all	463
process and records and shall perform all acts pertaining to the	464
office, except that of removal and appointment of officers of the	465
municipal court. All courts shall take judicial notice of the	466
selection and powers of the acting judge or assigned judge.	467

Sec. 1901.122.  (A)(1) An acting judge appointed pursuant to	468
division (A)(2)(a), (B)(1), or (C)(1) of section 1901.121 of the	469
Revised Code shall receive reimbursement for actual and necessary	470
expenses and a per diem compensation established by the incumbent	471
judge, subject to the following limitations:	472

(a) If the incumbent judge receives compensation as described	473
in division (A)(5) of section 141.04 of the Revised Code, the per	474
diem compensation of the acting judge shall not exceed the per	475
diem compensation paid to the incumbent judge based upon a work	476
year of two hundred fifty days.	477

(b) If the incumbent judge receives compensation as described	478
in division (A)(6) of section 141.04 of the Revised Code, the per	479
diem compensation of the acting judge shall not exceed the per	480
diem compensation paid to the incumbent judge based upon a work	481
year of one hundred thirty days.	482

(2) The per diem compensation of the acting judge shall be	483
payable in the same manner as the compensation paid to the	484
incumbent judge during the same period.	485

(B) An assigned judge assigned pursuant to division (A)(1),	486
(A)(2)(b), (B)(2), (C)(2), or (D) of section 1901.121 of the	487
Revised Code shall receive reimbursement for actual and necessary	488
expenses and a per diem compensation computed as follows:	489

(1) If the assigned judge receives compensation as described	490
in division (A)(5) of section 141.04 of the Revised Code, thirty	491
dollars;	492

(2) If the assigned judge receives compensation as described	493
in division (A)(6) of section 141.04 of the Revised Code, the per	494
diem compensation of a judge of a municipal court compensated as	495
described in division (A)(5) of section 141.04 of the Revised	496
Code, less the per diem compensation of the assigned judge, each	497
calculated on the basis of two hundred fifty working days per	498
year;	499

(3) If the assigned judge is a retired judge of a municipal	500
or county court or a court of common pleas, the established per	501
diem compensation for a judge of a municipal court compensated as	502
described in division (A)(5) of section 141.04 of the Revised	503
Code, calculated on the basis of two hundred fifty working days	504
per year, in addition to any retirement benefits to which the	505
assigned judge may be entitled;	506

(4) If the assigned judge is a sitting judge of the court of	507
appeals or a court of common pleas, fifty dollars.	508

Sec. 1901.123.  (A)(1) Subject to reimbursement under	509
division (B) of this section, the treasurer of the county in which	510
a county-operated municipal court or other municipal court is	511
located shall pay the per diem compensation to which an acting	512
judge appointed pursuant to division (A)(2)(a), (B)(1), or (C)(1)	513
of section 1901.121 of the Revised Code is entitled pursuant to	514
division (A)(1) of section 1901.122 of the Revised Code.	515

(2) Subject to reimbursement under division (B) of this	516
section, the treasurer of the county in which a county-operated	517
municipal court or other municipal court is located shall pay the	518
per diem compensation to which an assigned judge assigned pursuant	519
to division (A)(1), (A)(2)(b), (B)(2), (C)(2), or (D) of section	520
1901.121 of the Revised Code is entitled pursuant to division (B)	521
of section 1901.122 of the Revised Code.	522

(B) The treasurer of a county that, pursuant to division (A)	523
of this section, is required to pay any compensation to which an	524
acting judge or assigned judge is entitled under division (A)(5)	525
or (6) of section 141.04 of the Revised Code, shall submit to the	526
administrative director of the supreme court quarterly requests	527
for reimbursements of the per diem amounts so paid. The requests	528
shall include verifications of the payment of those amounts and an	529
affidavit from the acting judge or assigned judge stating the days	530
and hours worked. The administrative director shall cause	531
reimbursements of those amounts to be issued to the county if the	532
administrative director verifies that those amounts were, in fact,	533
so paid.	534

Sec. 1907.14. (A) A judge of a county court shall take an	535
oath of office as provided in section 3.23 of the Revised Code,	536
the.	537

(B) The office of judge of a county court is subject to	538
forfeiture, and a judge may be removed from office, for the causes	539
and by the procedure provided in sections 3.07 to 3.10 of the	540
Revised Code.	541

When a judge of a county court is temporarily absent,	542
incapacitated, or otherwise unavailable, the judge may appoint a	543
substitute having the qualifications required by section 1907.13	544
of the Revised Code or may appoint a retired judge of a court of	545
record in the state who is a qualified elector and a resident of	546
the county court district. If the judge is unable to make the	547
appointment, the administrative judge of the county court district	548
or the administrative judge of the court of common pleas of the	549
county shall appoint the substitute. The appointee shall serve	550
during the absence, incapacity, or unavailability of the	551
incumbent, shall have the jurisdiction and powers conferred upon	552
the judge of the county court, and shall be styled "acting judge."	553
During that term of service, the acting judge shall sign all	554
process and records and perform all acts pertaining to the office	555
except that of removal and appointment of officers of the court.	556
All courts shall take judicial notice of the selection and powers	557
of the acting judge. The incumbent judge shall establish the	558
amount of the compensation of an acting judge on a per diem,	559
hourly, or other basis, and the compensation shall not exceed the	560
per diem compensation paid to the incumbent judge based upon a	561
work year of one hundred thirty days. The compensation shall be	562
payable in the same manner as the compensation paid to the	563
incumbent judge during the same period.	564

Sec. 1907.141.  (A)(1) If a vacancy occurs in the office of a	565
judge of a county court that consists of only one judge or if the	566
judge of a county court of that nature is incapacitated or	567
unavailable due to disqualification, suspension, or recusal, the	568
chief justice of the supreme court may assign a sitting judge of	569
another court of record or a retired judge of a court of record to	570
temporarily serve on the court in accordance with rules adopted by	571
the supreme court pursuant to division (A)(1) of Section 5 of	572
Article IV, Ohio Constitution. The assignee shall be styled	573
"assigned judge" and shall serve for any period of time the chief	574
justice may prescribe.	575

(2) If a judge of a county court that consists of only one	576
judge is temporarily absent for a reason other than as specified	577
in division (A)(1) of this section, the judge may do either of the	578
following:	579

(a) Appoint a substitute who is a resident of the territory	580
of the court or, if the territory of the court has a population of	581
less than twenty-five thousand according to the latest federal	582
decennial census and the judge is unable to appoint a substitute	583
who is a resident of the territory of the court, appoint a	584
substitute who is a resident of the territory of a municipal or	585
county court that is contiguous to the court. The appointee shall	586
either be admitted to the practice of law in this state and have	587
been, for a total of at least six years preceding appointment,	588
engaged in the practice of law in this state or a judge of a court	589
of record in any jurisdiction in the United States or be a retired	590
judge of a court of record. The appointee shall be styled "acting	591
judge" and shall temporarily serve on the court during the	592
temporary absence of the incumbent judge.	593

(b) Request the chief justice of the supreme court to assign	594
a sitting judge of another court of record or a retired judge of a	595
court of record to temporarily serve on the court in accordance	596
with rules adopted by the supreme court pursuant to division	597
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	598
shall be styled "assigned judge" and shall serve for any period of	599
time the chief justice may prescribe.	600

(B) If a vacancy occurs in the office of a judge of a county	601
court that consists of two judges or if a judge of a county court	602
of that nature is incapacitated, unavailable, or temporarily	603
absent, the presiding judge may do either of the following:	604

(1) Appoint a substitute who is a resident of the territory	605
of the court or, if the territory of the court has a population of	606
less than twenty-five thousand according to the latest federal	607
decennial census and the judge is unable to appoint a substitute	608
who is a resident of the territory of the court, appoint a	609
substitute who is a resident of the territory of a municipal or	610
county court that is contiguous to the court. The appointee shall	611
either be admitted to the practice of law in this state and have	612
been, for a total of at least six years preceding appointment,	613
engaged in the practice of law in this state or a judge of a court	614
of record in any jurisdiction in the United States or be a retired	615
judge of a court of record. The appointee shall be styled "acting	616
judge" and shall temporarily serve on the court during the vacancy	617
or the incapacity, unavailability, or temporary absence of the	618
incumbent judge.	619

(2) Request the chief justice of the supreme court to assign	620
a sitting judge of another court of record or a retired judge of a	621
court of record to temporarily serve on the court in accordance	622
with rules adopted by the supreme court pursuant to division	623
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	624
shall be styled "assigned judge" and shall serve for any period of	625
time the chief justice may prescribe.	626

(C) If a vacancy occurs in the office of a judge of a county	627
court that consists of three or more judges or if a judge of a	628
county court of that nature is incapacitated, unavailable, or	629
temporarily absent, the presiding judge may do either of the	630
following:	631

(1) If no other judge of the court is available to perform	632
the duties of the judge, appoint a substitute who is a resident of	633
the territory of the court. The appointee shall either be admitted	634
to the practice of law in this state and have been, for a total of	635
at least six years preceding appointment, engaged in the practice	636
of law in this state or a judge of a court of record in any	637
jurisdiction in the United States or be a retired judge of a court	638
of record. The appointee shall be styled "acting judge" and shall	639
temporarily serve on the court during the vacancy or the	640
incapacity, unavailability, or temporary absence of the incumbent	641
judge.	642

(2) Request the chief justice of the supreme court to assign	643
a sitting judge of another court of record or a retired judge of a	644
court of record to temporarily serve on the court in accordance	645
with rules adopted by the supreme court pursuant to division	646
(A)(1) of Section 5 of Article IV, Ohio Constitution. The assignee	647
shall be styled "assigned judge" and shall serve for any period of	648
time the chief justice may prescribe	649

(D) An acting judge appointed pursuant to division (A)(2)(a),	650
(B)(1), or (C)(1) of this section and an assigned judge assigned	651
pursuant to division (A)(1), (A)(2)(b), (B)(2), or (C)(2) of this	652
section shall have the jurisdiction and adjudicatory powers	653
conferred upon the judge of the county court. During the time of	654
service, the acting judge or assigned judge shall sign all process	655
and records and shall perform all acts pertaining to the office,	656
except that of removal and appointment of officers of the court.	657
All courts shall take judicial notice of the selection and powers	658
of the acting judge or assigned judge.	659

Sec. 1907.142.  (A) An acting judge appointed pursuant to	660
division (A)(2)(a), (B)(1), or (C)(1) of section 1907.141 of the	661
Revised Code shall receive reimbursement for actual and necessary	662
expenses and a per diem compensation established by the incumbent	663
judge, provided the per diem compensation of the acting judge	664
shall not exceed the per diem compensation paid to the incumbent	665
judge based upon a work year of one hundred thirty days. The per	666
diem compensation of the acting judge shall be payable in the same	667
manner as the compensation paid to the incumbent judge during the	668
same period.	669

(B) An assigned judge assigned pursuant to division (A)(1),	670
(A)(2)(b), (B)(2), or (C)(2) of section 1907.141 of the Revised	671
Code shall receive reimbursement for actual and necessary expenses	672
and a per diem compensation computed as follows:	673

(1) If the assigned judge receives compensation as described	674
in division (A)(5) of section 141.04 of the Revised Code, thirty	675
dollars;	676

(2) If the assigned judge receives compensation as described	677
in division (A)(6) of section 141.04 of the Revised Code, the per	678
diem compensation of a judge of a municipal court compensated as	679
described in division (A)(5) of section 141.04 of the Revised	680
Code, less the per diem compensation of the assigned judge, each	681
calculated on the basis of two hundred fifty working days per	682
year;	683

(3) If the assigned judge is a retired judge of a municipal	684
or county court or a court of common pleas, the established per	685
diem compensation for a judge of a municipal court compensated as	686
described in division (A)(5) of section 141.04 of the Revised	687
Code, calculated on the basis of two hundred fifty working days	688
per year, in addition to any retirement benefits to which the	689
assigned judge may be entitled;	690

(4) If the assigned judge is a sitting judge of the court of	691
appeals or a court of common pleas, fifty dollars.	692

Sec. 1907.143.  (A)(1) Subject to reimbursement under	693
division (B) of this section, the treasurer of the county in which	694
a county court is located shall pay the per diem compensation to	695
which an acting judge appointed pursuant to division (A)(2)(b),	696
(B)(1), or (C)(1) of section 1907.141 of the Revised Code is	697
entitled pursuant to division (A) of section 1907.142 of the	698
Revised Code.	699

(2) Subject to reimbursement under division (B) of this	700
section, the treasurer of the county in which a county court is	701
located shall pay the per diem compensation to which an assigned	702
judge assigned pursuant to division (A)(1), (A)(2)(b), (B)(2), or	703
(C)(2) of section 1907.141 of the Revised Code is entitled	704
pursuant to division (B) of section 1907.142 of the Revised Code.	705

(B) The treasurer of a county that, pursuant to division (A)	706
of this section, is required to pay any compensation to which an	707
acting judge or assigned judge is entitled under division (A)(5)	708
or (6) of section 141.04 of the Revised Code, shall submit to the	709
administrative director of the supreme court quarterly requests	710
for reimbursements of the per diem amounts so paid. The requests	711
shall include verifications of the payment of those amounts and an	712
affidavit from the acting judge or assigned judge stating the days	713
and hours worked. The administrative director shall cause	714
reimbursements of those amounts to be issued to the county if the	715
administrative director verifies that those amounts were, in fact,	716
so paid.	717

Sec. 2701.03.  (A) If a judge of the court of common pleas	718
allegedly is interested in a proceeding pending before the court,	719
allegedly is related to or has a bias or prejudice for or against	720
a party to a proceeding pending before the court or a party's	721
counsel, or allegedly otherwise is disqualified to preside in a	722
proceeding pending before the court, any party to the proceeding	723
or the party's counsel may file an affidavit of disqualification	724
with the clerk of the supreme court in accordance with division	725
(B) of this section.	726

(B) An affidavit of disqualification filed under section	727
2101.39 or, 2501.13, 2701.031, or 2743.041 of the Revised Code or	728
division (A) of this section shall be filed with the clerk of the	729
supreme court not less than seven calendar days before the day on	730
which the next hearing in the proceeding is scheduled and shall	731
include all of the following:	732

(1) The specific allegations on which the claim of interest,	733
bias, prejudice, or disqualification is based and the facts to	734
support each of those allegations or, in relation to an affidavit	735
filed against a judge of a court of appeals, a specific allegation	736
that the judge presided in the lower court in the same proceeding	737
and the facts to support that allegation;	738

(2) The jurat of a notary public or another person authorized	739
to administer oaths or affirmations;	740

(3) A certificate indicating that a copy of the affidavit has	741
been served on the probate judge, judge of a court of appeals, or	742
judge of a court of common pleas, judge of a municipal or county	743
court, or judge of the court of claims against whom the affidavit	744
is filed and on all other parties or their counsel;	745

(4) The date of the next scheduled hearing in the proceeding	746
or, if there is no hearing scheduled, a statement that there is no	747
hearing scheduled.	748

(C)(1) Except as provided in division (C)(2) of this section,	749
when an affidavit of disqualification is presented to the clerk of	750
the supreme court for filing under division (B) of this section,	751
all of the following apply:	752

(a) The clerk of the supreme court shall accept the affidavit	753
for filing and shall forward the affidavit to the chief justice of	754
the supreme court.	755

(b) The supreme court shall send notice of the filing of the	756
affidavit to the probate court served by the judge if the	757
affidavit is filed against a probate court judge, to the clerk of	758
the court of appeals served by the judge if the affidavit is filed	759
against a judge of a court of appeals, or to the clerk of the	760
court of common pleas served by the judge if the affidavit is	761
filed against a judge of a court of common pleas, to the clerk of	762
the municipal or county court served by the judge if the affidavit	763
is filed against a judge of a municipal or county court, or to the	764
clerk of the court of claims if the affidavit is filed against a	765
judge of the court of claims.	766

(c) Upon receipt of the notice under division (C)(1)(b) of	767
this section, the probate court, the clerk of the court of	768
appeals, or the clerk of the court of common pleas, the clerk of	769
the municipal or county court, or the clerk of the court of claims	770
shall enter the fact of the filing of the affidavit on the docket	771
of the probate court, the docket of the court of appeals, or the	772
docket in the proceeding in the court of common pleas, the docket	773
of the proceeding in the municipal or county court, or the docket	774
of the proceeding in the court of claims.	775

(2) The clerk of the supreme court shall not accept an	776
affidavit of disqualification presented for filing under division	777
(B) of this section if it is not timely presented for filing or	778
does not satisfy the requirements of divisions (B)(2), (3), and	779
(4) of this section.	780

(D)(1) Except as provided in divisions (D)(2) to (4) of this	781
section, if the clerk of the supreme court accepts an affidavit of	782
disqualification for filing under divisions (B) and (C) of this	783
section, the affidavit deprives the judge against whom the	784
affidavit was filed of any authority to preside in the proceeding	785
until the chief justice of the supreme court, or a justice of the	786
supreme court designated by the chief justice, rules on the	787
affidavit pursuant to division (E) of this section.	788

(2) A judge against whom an affidavit of disqualification has	789
been filed under divisions (B) and (C) of this section may do any	790
of the following that is applicable:	791

(a) If, based on the scheduled hearing date, the affidavit	792
was not timely filed, the judge may preside in the proceeding.	793

(b) If the proceeding is a domestic relations proceeding, the	794
judge may issue any temporary order relating to spousal support	795
pendente lite and the support, maintenance, and allocation of	796
parental rights and responsibilities for the care of children.	797

(c) If the proceeding pertains to a complaint brought	798
pursuant to Chapter 2151. or 2152. of the Revised Code, the judge	799
may issue any temporary order pertaining to the relation and	800
conduct of any other person toward a child who is the subject of a	801
complaint as the interest and welfare of the child may require.	802

(3) A judge against whom an affidavit of disqualification has	803
been filed under divisions (B) and (C) of this section may	804
determine a matter that does not affect a substantive right of any	805
of the parties.	806

(4) If the clerk of the supreme court accepts an affidavit of	807
disqualification for filing under divisions (B) and (C) of this	808
section, if the chief justice of the supreme court, or a justice	809
of the supreme court designated by the chief justice, denies the	810
affidavit of disqualification pursuant to division (E) of this	811
section, and if, after the denial, a second or subsequent	812
affidavit of disqualification regarding the same judge and the	813
same proceeding is filed by the same party who filed or on whose	814
behalf was filed the affidavit that was denied or by counsel for	815
the same party who filed or on whose behalf was filed the	816
affidavit that was denied, the judge against whom the second or	817
subsequent affidavit is filed may preside in the proceeding prior	818
to the ruling of the chief justice of the supreme court, or a	819
justice designated by the chief justice, on the second or	820
subsequent affidavit.	821

(E) If the clerk of the supreme court accepts an affidavit of	822
disqualification for filing under divisions (B) and (C) of this	823
section and if the chief justice of the supreme court, or any	824
justice of the supreme court designated by the chief justice,	825
determines that the interest, bias, prejudice, or disqualification	826
alleged in the affidavit does not exist, the chief justice or the	827
designated justice shall issue an entry denying the affidavit of	828
disqualification. If the chief justice of the supreme court, or	829
any justice of the supreme court designated by the chief justice,	830
determines that the interest, bias, prejudice, or disqualification	831
alleged in the affidavit exists, the chief justice or the	832
designated justice shall issue an entry that disqualifies that	833
judge from presiding in the proceeding and either order that the	834
proceeding be assigned to another judge of the court of which the	835
disqualified judge is a member pursuant to the court's random	836
assignment process, to a judge of another court, or to a retired	837
judge.	838

Sec. 2701.031. (A) If a judge of a municipal or county court	839
allegedly is interested in a proceeding pending before the judge,	840
allegedly is related to or has a bias or prejudice for or against	841
a party to a proceeding pending before the judge or to a party's	842
counsel, or allegedly otherwise is disqualified to preside in a	843
proceeding pending before the judge, any party to the proceeding	844
or the party's counsel may file an affidavit of disqualification	845
with the clerk of the supreme court in which the proceeding is	846
pending. The affidavit of disqualification shall be filed and	847
decided in accordance with divisions (B) to (E) of section 2701.03	848
of the Revised Code, and, upon the filing of the affidavit, the	849
provisions of those divisions apply to the affidavit, the	850
proceeding, the judge, and the parties to the proceeding.	851

(B) An affidavit of disqualification shall be filed under	852
this section with the clerk of the court in which the proceeding	853
is pending not less than seven calendar days before the day on	854
which the next hearing in the proceeding is scheduled and shall	855
include all of the following:	856

(1) The specific allegations on which the claim of interest,	857
bias, prejudice, or disqualification is based and the facts to	858
support each of those allegations;	859

(2) The jurat of a notary public or another person authorized	860
to administer oaths or affirmations;	861

(3) A certificate indicating that a copy of the affidavit has	862
been served on the judge of the municipal or county court against	863
whom the affidavit is filed and on all other parties or their	864
counsel;	865

(4) The date of the next scheduled hearing in the proceeding	866
or, if there is no hearing scheduled, a statement that there is no	867
hearing scheduled.	868

(C)(1) Except as provided in division (C)(2) of this section,	869
when an affidavit of disqualification is presented to the clerk of	870
a municipal or county court for filing under division (B) of this	871
section, the clerk shall enter the fact of the filing on the	872
docket in that proceeding and shall provide notice of the filing	873
of the affidavit to one of the following:	874

(a) The presiding judge of the court of common pleas of the	875
county;	876

(b) If there is no presiding judge of the court of common	877
pleas of the county, a judge of the court of common pleas of the	878
county.	879

(2) The clerk of the municipal or county court in which a	880
proceeding is pending shall not accept an affidavit of	881
disqualification presented for filing under division (B) of this	882
section if it is not timely presented for filing or does not	883
satisfy the requirements of divisions (B)(2), (3), and (4) of this	884
section.	885

(D)(1) Except as provided in divisions (D)(2) to (4) of this	886
section, if the clerk of the municipal or county court in which a	887
proceeding is pending accepts an affidavit of disqualification for	888
filing under divisions (B) and (C) of this section, the affidavit	889
deprives the judge of a municipal or county court against whom the	890
affidavit was filed of any authority to preside in the proceeding	891
until the judge who was notified pursuant to division (C)(1) of	892
this section rules on the affidavit pursuant to division (E) of	893
this section.	894

(2) A judge of a municipal or county court against whom an	895
affidavit of disqualification has been filed under divisions (B)	896
and (C) of this section may preside in the proceeding if, based on	897
the scheduled hearing date, the affidavit was not timely filed.	898

(3) A judge of a municipal or county court against whom an	899
affidavit of disqualification has been filed under divisions (B)	900
and (C) of this section may determine a matter that does not	901
affect a substantive right of any of the parties.	902

(4) If the clerk of a municipal or county court accepts an	903
affidavit of disqualification for filing under divisions (B) and	904
(C) of this section, if the judge who is notified pursuant to	905
division (C)(1) of this section of the filing of the affidavit of	906
disqualification denies the affidavit pursuant to division (E) of	907
this section, and if, after the denial, a second or subsequent	908
affidavit of disqualification regarding the same judge and the	909
same proceeding is filed by the same party who filed or on whose	910
behalf was filed the affidavit that was denied or by counsel for	911
the same party who filed or on whose behalf was filed the	912
affidavit that was denied, the judge of a municipal or county	913
court against whom the second or subsequent affidavit is filed may	914
preside in the proceeding prior to the ruling, by the judge who is	915
notified pursuant to division (C)(1) of this section, on the	916
second or subsequent affidavit pursuant to division (E) of this	917
section.	918

(E) If the clerk of a municipal or county court accepts an	919
affidavit of disqualification for filing under divisions (B) and	920
(C) of this section and if the judge who is notified pursuant to	921
division (C)(1) of this section of the filing of the affidavit	922
determines that the interest, bias, prejudice, or disqualification	923
alleged in the affidavit does not exist, the judge who is so	924
notified shall issue an entry denying the affidavit of	925
disqualification. If the judge who is notified pursuant to	926
division (C)(1) of this section of the filing of the affidavit	927
determines that the interest, bias, prejudice, or disqualification	928
alleged in the affidavit exists, the judge who is so notified	929
shall issue an entry that disqualifies the judge against whom the	930
affidavit was filed from presiding in the proceeding and designate	931
another judge of the municipal or county court, or of the court of	932
common pleas, to preside in the proceeding in place of the	933
disqualified judge.	934

Sec. 2743.03.  (A)(1) There is hereby created a court of	935
claims. The court of claims is a court of record and has	936
exclusive, original jurisdiction of all civil actions against the	937
state permitted by the waiver of immunity contained in section	938
2743.02 of the Revised Code,and exclusive jurisdiction of the	939
causes of action of all parties in civil actions that are removed	940
to the court of claims, and jurisdiction to hear appeals from the	941
decisions of the court of claims commissioners. The court shall	942
have full equity powers in all actions within its jurisdiction and	943
may entertain and determine all counterclaims, cross-claims, and	944
third-party claims.	945

(2) If the claimant in a civil action as described in	946
division (A)(1) of this section also files a claim for a	947
declaratory judgment, injunctive relief, or other equitable relief	948
against the state that arises out of the same circumstances that	949
gave rise to the civil action described in division (A)(1) of this	950
section, the court of claims has exclusive, original jurisdiction	951
to hear and determine that claim in that civil action. This	952
division does not affect, and shall not be construed as affecting,	953
the original jurisdiction of another court of this state to hear	954
and determine a civil action in which the sole relief that the	955
claimant seeks against the state is a declaratory judgment,	956
injunctive relief, or other equitable relief.	957

(3) In addition to its exclusive, original jurisdiction as	958
conferred by division (A)(1) and (2) of this section, the court of	959
claims has exclusive, original jurisdiction as described in	960
division (F) of section 2743.02, division (B) of section 3335.03,	961
and division (C) of section 5903.02 of the Revised Code.	962

(B) The court of claims shall sit in Franklin county, its	963
hearings shall be public, and it shall consist of incumbent	964
justices or judges of the supreme court, courts of appeals, or	965
courts of common pleas, or retired justices or judges eligible for	966
active duty pursuant to division (C) of Section 6 of Article IV,	967
Ohio Constitution, sitting by temporary assignment of the chief	968
justice of the supreme court. The chief justice may direct the	969
court to sit in any county for cases on removal upon a showing of	970
substantial hardship and whenever justice dictates.	971

(C)(1) A civil action against the state shall be heard and	972
determined by a single judge. Upon application by the claimant or	973
the state, the chief justice of the supreme court may assign a	974
panel of three judges to hear and determine a civil action	975
presenting novel or complex issues of law or fact. Concurrence of	976
two members of the panel is necessary for any judgment or order.	977

(2) Whenever the chief justice of the supreme court believes	978
an equitable resolution of a case will be expedited, the chief	979
justice may appoint refereesmagistrates in accordance with Civil	980
Rule 53 to hear the case.	981

(3) When any dispute under division (B) of section 153.12 of	982
the Revised Code is brought to the court of claims, upon request	983
of either party to the dispute, the chief justice of the supreme	984
court shall appoint a single referee or a panel of three referees.	985
The referees need not be attorneys, but shall be persons	986
knowledgeable about construction contract law, a member of the	987
construction industry panel of the American arbitration	988
association, or an individual or individuals deemed qualified by	989
the chief justice to serve. No person shall serve as a referee if	990
that person has been employed by an affected state agency or a	991
contractor or subcontractor involved in the dispute at any time in	992
the preceding five years. Proceedings governing referees shall be	993
in accordance with Civil Rule 53, except as modified by this	994
division. The referee or panel of referees shall submit its	995
report, which shall include a recommendation and finding of fact,	996
to the judge assigned to the case by the chief justice, within	997
thirty days of the conclusion of the hearings. Referees appointed	998
pursuant to this division shall be compensated on a per diem basis	999
at the same rate as is paid to judges of the court and also shall	1000
be paid their expenses. If a single referee is appointed or a	1001
panel of three referees is appointed, then, with respect to one	1002
referee of the panel, the compensation and expenses of the referee	1003
shall not be taxed as part of the costs in the case but shall be	1004
included in the budget of the court. If a panel of three referees	1005
is appointed, the compensation and expenses of the two remaining	1006
referees shall be taxed as costs of the case.	1007

All costs of a case shall be apportioned among the parties.	1008
The court may not require that any party deposit with the court	1009
cash, bonds, or other security in excess of two hundred dollars to	1010
guarantee payment of costs without the prior approval in each case	1011
of the chief justice.	1012

(4) An appeal from a decision of the court of claims	1013
commissionersattorney general pursuant to sections 2743.51 to	1014
2743.72 of the Revised Code shall be heard and determined by one	1015
judge of the court of claims.	1016

(D) The Rules of Civil Procedure shall govern practice and	1017
procedure in all actions in the court of claims, except insofar as	1018
inconsistent with this chapter. The supreme court may promulgate	1019
rules governing practice and procedure in actions in the court as	1020
provided in Section 5 of Article IV, Ohio Constitution.	1021

(E)(1) A party who files a counterclaim against the state or	1022
makes the state a third-party defendant in an action commenced in	1023
any court, other than the court of claims, shall file a petition	1024
for removal in the court of claims. The petition shall state the	1025
basis for removal, be accompanied by a copy of all process,	1026
pleadings, and other papers served upon the petitioner, and shall	1027
be signed in accordance with Civil Rule 11. A petition for removal	1028
based on a counterclaim shall be filed within twenty-eight days	1029
after service of the counterclaim of the petitioner. A petition	1030
for removal based on third-party practice shall be filed within	1031
twenty-eight days after the filing of the third-party complaint of	1032
the petitioner.	1033

(2) Within seven days after filing a petition for removal,	1034
the petitioner shall give written notice to the parties, and shall	1035
file a copy of the petition with the clerk of the court in which	1036
the action was brought originally. The filing effects the removal	1037
of the action to the court of claims, and the clerk of the court	1038
where the action was brought shall forward all papers in the case	1039
to the court of claims. The court of claims shall adjudicate all	1040
civil actions removed. The court may remand a civil action to the	1041
court in which it originated upon a finding that the removal	1042
petition does not justify removal, or upon a finding that the	1043
state is no longer a party.	1044

(3) Bonds, undertakings, or security and injunctions,	1045
attachments, sequestrations, or other orders issued prior to	1046
removal remain in effect until dissolved or modified by the court	1047
of claims.	1048

Sec. 2743.04.  (A) Judges of the court of claims who are not	1049
residents of Franklin county, or when the court sits outside	1050
Franklin county the judges who are residents of Franklin county,	1051
shall be compensated for their actual and necessary expenses of	1052
traveling to and from the place of holding the court.	1053

(B) A retired judge shall, in addition to histhe judge's	1054
retirement allowance, receive per diem compensation for service as	1055
a member of the court of claims at a rate computed on the annual	1056
compensation of a judge of a court of appealscommon pleas. An	1057
incumbent judge shall receive additional per diem compensation	1058
equal to that allowed retired judges under this section less a per	1059
diem amount computed on histhe incumbent judge's annual	1060
compensation.	1061

Sec. 2743.041.  If a judge of the court of claims allegedly	1062
is interested in a proceeding pending before the judge, allegedly	1063
is related to or has a bias or prejudice for or against a party to	1064
a proceeding pending before the judge or to a party's counsel, or	1065
allegedly otherwise is disqualified to preside in a proceeding	1066
pending before the judge, any party to the proceeding or the	1067
party's counsel may file an affidavit of disqualification with the	1068
clerk of the supreme court. The affidavit of disqualification	1069
shall be filed and decided in accordance with divisions (B) to (E)	1070
of section 2701.03 of the Revised Code, and, upon the filing of	1071
the affidavit, the provisions of those divisions apply to the	1072
affidavit, the proceeding, the judge, and the parties to the	1073
proceeding.	1074

Sec. 2743.09.  The clerk of the court of claims shall do all	1075
of the following:	1076

(A) Administer oaths and take and certify affidavits,	1077
depositions, and acknowledgments of powers of attorney and other	1078
instruments in writing;	1079

(B) Prepare the dockets, enter and record the orders,	1080
judgments, decisions, awards, and proceedings of the court of	1081
claims and the court of claims commissioners, and issue writs and	1082
process;	1083

(C) Maintain an office in Franklin county in rooms provided	1084
by the supreme court for that purpose;	1085

(D) Keep an appearance docket of civil actions,and claims	1086
for an award of reparations, and appeals from decisions of the	1087
court of claims commissioners. The clerk may refuse to accept for	1088
filing any pleading or paper that relates to a civil action in the	1089
court of claims and that is submitted for filing by a person who	1090
has been found to be a vexatious litigator under section 2323.52	1091
of the Revised Code and who has failed to obtain leave to proceed	1092
under that section.	1093

Upon the commencement of an action or claim, the clerk shall	1094
assign it a number. This number shall be placed on the first page,	1095
and every continuation page, of the appearance docket that	1096
concerns the particular action or claim. In addition, this number	1097
and the names of the parties shall be placed on the case file and	1098
every paper filed in the action or claim.	1099

At the time the action is commenced the clerk shall enter in	1100
the appearance docket the names of the parties in full and the	1101
names of counsel and shall index the action alphabetically by the	1102
last name of each party. Thereafter, the clerk shall	1103
chronologically note in the appearance docket all process issued	1104
and returns, pleas, motions, papers filed in the action, orders,	1105
verdicts, and judgments. The notations shall be brief but shall	1106
show the date of filing, substance, and journal volume and page of	1107
each order, verdict, and judgment. An action is commenced for	1108
purposes of this division by the filing of a complaint, including	1109
a form complaint under section 2743.10 of the Revised Code or a	1110
petition for removal.	1111

At the time an appeal for an award of reparations is	1112
commenced, the clerk shall enter the full names of the claimant,	1113
the victim, and the attorneys in the appearance docket and shall	1114
index the claim alphabetically by the last name of the claimant	1115
and the victim. Thereafter, the clerk shall chronologically note	1116
in the appearance docket all process issued and returns, motions,	1117
papers filed in the claim, orders, decisions, and awards. The	1118
notations shall be brief but shall show the date of filing,	1119
substance, and journal volume and page of each order.	1120

(E) Keep all original papers filed in an action or claim in a	1121
separate file folder and a journal in which all orders, verdicts,	1122
and judgments of the court and commissioners shall be recorded;	1123

(F) Charge and collect fees pursuant to section 2303.20 of	1124
the Revised Code, keep a cashbook in which the clerk shall enter	1125
the amounts received, make a report to the clerk of the supreme	1126
court each quarter of the fees received during the preceding	1127
quarter, and pay them monthly into the state treasury;	1128

(G) Appoint reporters and other clerical personnel;

1129

(H) Under the direction of the chief justice, establish	1130
procedures for hearing and determining appeals for an award of	1131
reparations pursuant to sections 2743.51 to 2743.72 of the Revised	1132
Code.	1133

Sec. 2743.121. (A) A panel of court of claims commissioners	1134
shall render its decisions as to claims for an award of	1135
reparations in writing and shall include separate findings of fact	1136
and any conclusions of law that are necessary. Orders as to claims	1137
for an award of reparations shall be entered on the journal, and	1138
the clerk shall certify on the order the date of journalization	1139
and shall send copies of the order and decision to the claimant,	1140
the attorney general, and the prosecuting attorney of the county	1141
in which the criminally injurious conduct occurred.	1142

(B) A judge of theThe court of claims shall render the	1143
judge'sits decisions as to appeals from decisions of a panel of	1144
court of claims commissionersthe attorney general pursuant to	1145
sections 2743.51 to 2743.72 of the Revised Code in writing and	1146
shall include a separate finding for each issue contested upon	1147
appeal. Orders as to appeals shall be entered on the journal, and	1148
the clerk shall certify on the order the date of journalization	1149
and shall send copies of the order and decision to the claimant,	1150
the attorney general, and the prosecuting attorney of the county	1151
in which the criminally injurious conduct occurred.	1152

Sec. 2743.20.  Appeals from orders and judgments of the court	1153
of claims lie to the same courts under the same circumstances, as	1154
appeals from the court of common pleas of Franklin county, and the	1155
same rules of law govern their determination. The decision of the	1156
court of claims with respect to an appeal from a decision of the	1157
court of claims commissionersthe attorney general pursuant to	1158
sections 2743.51 to 2743.72 of the Revised Code is final, and no	1159
appeal from the decision of the court of claims lies to any other	1160
court.	1161

Sec. 2743.52.  (A) The attorney general shall make awards of	1162
reparations for economic loss arising from criminally injurious	1163
conduct, if satisfied by a preponderance of the evidence that the	1164
requirements for an award of reparations have been met.	1165

(B) AThe court of claims panel of commissioners or a judge	1166
of the court of claims has appellate jurisdiction to order awards	1167
of reparations for economic loss arising from criminally injurious	1168
conduct, if satisfied by a preponderance of the evidence that the	1169
requirements for an award of reparations have been met.	1170

(C) A decision of the attorney general, an order of a court	1171
of claims panel of commissioners, or the judgment of a judge of	1172
the court of claims concerning an OVI violation shall not be used	1173
as the basis for any civil or criminal action and shall not be	1174
admissible as evidence in any civil or criminal proceeding.	1175

Sec. 2743.53. (A) AThe court of claims panel of	1176
commissioners shall hear and determine all matters relating to	1177
appeals from decisions of the attorney general pursuant to	1178
sections 2743.51 to 2743.72 of the Revised Code.	1179

(B) A judge of the court of claims shall hear and determine	1180
all matters relating to appeals from decisions or orders of a	1181
panel of commissioners of the court of claims.	1182

Sec. 2743.531.  The court of claims victims of crime fund is	1183
hereby created in the state treasury. The fund shall be used to	1184
pay the compensation of the court of claims commissioners, the	1185
compensation of judges of the court of claims necessary to hear	1186
and determine appeals from the commissioners, the compensation of	1187
any court of claims personnel needed to administer sections	1188
2743.51 to 2743.72 of the Revised Code, and other administrative	1189
expenses of hearing and determining appeals by court of claims	1190
commissioners and judgesunder sections 2743.51 to 2743.72 of the	1191
Revised Code.	1192

At the beginning of each fiscal year, the director of budget	1193
and management shall transfer cash from the reparations fund to	1194
the court of claims victims of crime fund in an amount sufficient	1195
to make the cash balance in the court of claims victims of crime	1196
fund equal to the sum of the appropriation for that fiscal year	1197
and all prior fiscal year encumbrances. If the appropriation from	1198
the court of claims victims of crime fund is increased during the	1199
fiscal year, the director shall transfer cash from the reparations	1200
fund to the court of claims victims of crime fund in an amount	1201
equal to the increase in the appropriation.	1202

Sec. 2743.55. (A) The attorney general, a court of claims	1203
panel of commissioners, or a judge of the court of claims shall	1204
determine all matters relating to claims for an award of	1205
reparations. The attorney general, a court of claims panel of	1206
commissioners, or a judge of the court of claims may order law	1207
enforcement officers to provide copies of any information or data	1208
gathered in the investigation of the criminally injurious conduct	1209
that is the basis of any claim to enable the attorney general, a	1210
court of claims panel of commissioners, or a judge of the court of	1211
claims to determine whether, and the extent to which, a claimant	1212
qualifies for an award of reparations.	1213

(B) A court of claims panel of commissioners shall sit in	1214
Franklin county.	1215

Sec. 2743.60.  (A) The attorney general, a court of claims	1216
panel of commissioners, or a judge of the court of claims shall	1217
not make or order an award of reparations to a claimant if the	1218
criminally injurious conduct upon which the claimant bases a claim	1219
never was reported to a law enforcement officer or agency.	1220

(B)(1) The attorney general, a panel of commissioners, or a	1221
judge of the court of claims shall not make or order an award of	1222
reparations to a claimant if any of the following apply:	1223

(a) The claimant is the offender or an accomplice of the	1224
offender who committed the criminally injurious conduct, or the	1225
award would unjustly benefit the offender or accomplice.	1226

(b) Except as provided in division (B)(2) of this section,	1227
both of the following apply:	1228

(i) The victim was a passenger in a motor vehicle and knew or	1229
reasonably should have known that the driver was under the	1230
influence of alcohol, a drug of abuse, or both.	1231

(ii) The claimant is seeking compensation for injuries	1232
proximately caused by the driver described in division	1233
(B)(1)(b)(i) of this section being under the influence of alcohol,	1234
a drug of abuse, or both.	1235

(c) Both of the following apply:

1236

(i) The victim was under the influence of alcohol, a drug of	1237
abuse, or both and was a passenger in a motor vehicle and, if	1238
sober, should have reasonably known that the driver was under the	1239
influence of alcohol, a drug of abuse, or both.	1240

(ii) The claimant is seeking compensation for injuries	1241
proximately caused by the driver described in division	1242
(B)(1)(b)(i) of this section being under the influence of alcohol,	1243
a drug of abuse, or both.	1244

(2) Division (B)(1)(b) of this section does not apply if on	1245
the date of the occurrence of the criminally injurious conduct,	1246
the victim was under sixteen years of age or was at least sixteen	1247
years of age but less than eighteen years of age and was riding	1248
with a parent, guardian, or care-provider.	1249

(C) The attorney general, a panel of commissioners, or a	1250
judge of the court of claims, upon a finding that the claimant or	1251
victim has not fully cooperated with appropriate law enforcement	1252
agencies, may deny a claim or reconsider and reduce an award of	1253
reparations.	1254

(D) The attorney general, a panel of commissioners, or a	1255
judge of the court of claims shall reduce an award of reparations	1256
or deny a claim for an award of reparations that is otherwise	1257
payable to a claimant to the extent that the economic loss upon	1258
which the claim is based is recouped from other persons, including	1259
collateral sources. If an award is reduced or a claim is denied	1260
because of the expected recoupment of all or part of the economic	1261
loss of the claimant from a collateral source, the amount of the	1262
award or the denial of the claim shall be conditioned upon the	1263
claimant's economic loss being recouped by the collateral source.	1264
If the award or denial is conditioned upon the recoupment of the	1265
claimant's economic loss from a collateral source and it is	1266
determined that the claimant did not unreasonably fail to present	1267
a timely claim to the collateral source and will not receive all	1268
or part of the expected recoupment, the claim may be reopened and	1269
an award may be made in an amount equal to the amount of expected	1270
recoupment that it is determined the claimant will not receive	1271
from the collateral source.	1272

If the claimant recoups all or part of the economic loss upon	1273
which the claim is based from any other person or entity,	1274
including a collateral source, the attorney general may recover	1275
pursuant to section 2743.72 of the Revised Code the part of the	1276
award that represents the economic loss for which the claimant	1277
received the recoupment from the other person or entity.	1278

(E)(1) Except as otherwise provided in division (E)(2) of	1279
this section, the attorney general, a panel of commissioners, or a	1280
judge of the court of claims shall not make an award to a claimant	1281
if any of the following applies:	1282

(a) The victim was convicted of a felony within ten years	1283
prior to the criminally injurious conduct that gave rise to the	1284
claim or is convicted of a felony during the pendency of the	1285
claim.	1286

(b) The claimant was convicted of a felony within ten years	1287
prior to the criminally injurious conduct that gave rise to the	1288
claim or is convicted of a felony during the pendency of the	1289
claim.	1290

(c) It is proved by a preponderance of the evidence that the	1291
victim or the claimant engaged, within ten years prior to the	1292
criminally injurious conduct that gave rise to the claim or during	1293
the pendency of the claim, in an offense of violence, a violation	1294
of section 2925.03 of the Revised Code, or any substantially	1295
similar offense that also would constitute a felony under the laws	1296
of this state, another state, or the United States.	1297

(d) The claimant was convicted of a violation of section	1298
2919.22 or 2919.25 of the Revised Code, or of any state law or	1299
municipal ordinance substantially similar to either section,	1300
within ten years prior to the criminally injurious conduct that	1301
gave rise to the claim or during the pendency of the claim.	1302

(e) It is proved by a preponderance of the evidence that the	1303
victim at the time of the criminally injurious conduct that gave	1304
rise to the claim engaged in conduct that was a felony violation	1305
of section 2925.11 of the Revised Code or engaged in any	1306
substantially similar conduct that would constitute a felony under	1307
the laws of this state, another state, or the United States.	1308

(2) The attorney general, a panel of commissioners, or a	1309
judge of the court of claims may make an award to a minor	1310
dependent of a deceased victim for dependent's economic loss or	1311
for counseling pursuant to division (F)(2) of section 2743.51 of	1312
the Revised Code if the minor dependent is not ineligible under	1313
division (E)(1) of this section due to the minor dependent's	1314
criminal history and if the victim was not killed while engaging	1315
in illegal conduct that contributed to the criminally injurious	1316
conduct that gave rise to the claim. For purposes of this section,	1317
the use of illegal drugs by the deceased victim shall not be	1318
deemed to have contributed to the criminally injurious conduct	1319
that gave rise to the claim.	1320

(F) In determining whether to make an award of reparations	1321
pursuant to this section, the attorney general or panel of	1322
commissionersthe court of claims shall consider whether there was	1323
contributory misconduct by the victim or the claimant. The	1324
attorney general, a panel of commissioners, or a judge of the	1325
court of claims shall reduce an award of reparations or deny a	1326
claim for an award of reparations to the extent it is determined	1327
to be reasonable because of the contributory misconduct of the	1328
claimant or the victim.	1329

When the attorney general decides whether a claim should be	1330
denied because of an allegation of contributory misconduct, the	1331
burden of proof on the issue of that alleged contributory	1332
misconduct shall be upon the claimant, if either of the following	1333
apply:	1334

(1) The victim was convicted of a felony more than ten years	1335
prior to the criminally injurious conduct that is the subject of	1336
the claim or has a record of felony arrests under the laws of this	1337
state, another state, or the United States.	1338

(2) There is good cause to believe that the victim engaged in	1339
an ongoing course of criminal conduct within five years or less of	1340
the criminally injurious conduct that is the subject of the claim.	1341

(G) The attorney general, a panel of commissioners, or a	1342
judge of the court of claims shall not make an award of	1343
reparations to a claimant if the criminally injurious conduct that	1344
caused the injury or death that is the subject of the claim	1345
occurred to a victim who was an adult and while the victim, after	1346
being convicted of or pleading guilty to an offense, was serving a	1347
sentence of imprisonment in any detention facility, as defined in	1348
section 2921.01 of the Revised Code.	1349

(H) If a claimant unreasonably fails to present a claim	1350
timely to a source of benefits or advantages that would have been	1351
a collateral source and that would have reimbursed the claimant	1352
for all or a portion of a particular expense, the attorney	1353
general, a panel of commissioners, or a judge of the court of	1354
claims may reduce an award of reparations or deny a claim for an	1355
award of reparations to the extent that it is reasonable to do so.	1356

(I) Reparations payable to a victim and to all other	1357
claimants sustaining economic loss because of injury to or the	1358
death of that victim shall not exceed fifty thousand dollars in	1359
the aggregate. If the attorney general, a panel of commissioners,	1360
or a judge of the court of claims reduces an award under division	1361
(F) of this section, the maximum aggregate amount of reparations	1362
payable under this division shall be reduced proportionately to	1363
the reduction under division (F) of this section.	1364

(J) Nothing in this section shall be construed to prohibit an	1365
award to a claimant whose claim is based on the claimant's being a	1366
victim of a violation of section 2905.32 of the Revised Code if	1367
the claimant was less than eighteen years of age when the	1368
criminally injurious conduct occurred.	1369

Sec. 2743.601. Except as otherwise provided in this section,	1370
the amendments to sections 2743.51, 2743.56, 2743.59, and 2743.60	1371
of the Revised Code made by the act in which this section was	1372
enacted apply to all applications for an award of reparations	1373
filed on or after the effective date of this sectionSeptember 30,	1374
2011, and to all applications for an award of reparations filed	1375
before the effective date of this sectionSeptember 30, 2011, for	1376
which an award or denial of the claim by the attorney general, a	1377
panel of commissioners, or the court of claims has not yet become	1378
final. The amendments to section 2743.60 of the Revised Code made	1379
by the act in which this section was enacted, to the extent that	1380
they eliminate the statute of limitations and to the extent that	1381
they remove the seventy-two hour reporting requirement, and the	1382
amendments to section 2743.51 of the Revised Code concerning	1383
guardian bonds shall apply to all claims for an award of	1384
reparations pending on the effective date of this section	1385
September 30, 2011, and to all claims for an award of reparations	1386
filed on or after the effective date of this sectionSeptember 30,	1387
2011, that are based on criminally injurious conduct not	1388
previously addressed by the attorney general, by a panel of	1389
commissioners, or by the court of claims.	1390

Sec. 2743.61.  (A) The attorney general, on the attorney	1391
general's own motion or upon request of a claimant or victim, may	1392
reconsider a decision to make an award of reparations, the amount	1393
of an award of reparations, or a decision to deny a claim for an	1394
award of reparations. A claimant may file a request for	1395
reconsideration with the attorney general not later than thirty	1396
days after the attorney general renders an initial decision. A	1397
claimant may submit with the request any additional information	1398
that is relevant to the claimant's claim for an award of	1399
reparation.	1400

The attorney general shall reconsider the application based	1401
upon evidence that is relevant to the application and issue a	1402
final decision within sixty days of receiving the request for	1403
reconsideration. The attorney general may extend the sixty-day	1404
time limit and shall record in writing specific reasons to justify	1405
the extension. The attorney general shall notify the claimant of	1406
the extension and of the reasons for the extension.	1407

If a claimant does not file a request for reconsideration of	1408
a decision of the attorney general to make an award or to deny a	1409
claim or of the amount of an award within thirty days after the	1410
decision is rendered, the award, the denial of the claim, or the	1411
amount of the award is final unless the attorney general in the	1412
interest of justice allows the reconsideration after the	1413
expiration of that period of time.	1414

(B) A claimant may appeal an award of reparations, the amount	1415
of an award of reparations, or the denial of a claim for an award	1416
of reparations that is made by a final decision of the attorney	1417
general after any reconsideration. If the final decision of the	1418
attorney general with respect to any claim for an award of	1419
reparations is appealed, athe court of claims panel of	1420
commissioners, within ninety days of receiving the notice of	1421
appeal, shall schedule and conduct a hearing on the appeal. The	1422
panel of commissionerscourt shall determine the appeal within	1423
sixty days from the date of the hearing on the basis of the record	1424
of the hearing before the commissionerscourt, including the	1425
original award or denial and the finding of fact of the attorney	1426
general, any information or documents that the attorney general	1427
used in the investigation, any information or data provided to the	1428
attorney general, any briefs or oral arguments that may be	1429
requested by athe court of claims panel of commissioners, and any	1430
additional evidence presented at the hearing. The panel of	1431
commissionerscourt may extend the sixty-day time limit and shall	1432
record in writing specific reasons to justify the extension. The	1433
attorney general shall supply the panel of commissionerscourt	1434
with the original decision awarding or denying compensation, the	1435
finding of fact of the attorney general, any information or	1436
documents that the attorney general used in the investigation, and	1437
any information or data provided to the attorney general within	1438
fourteen days of the filing of the objection and notice of appeal	1439
by the applicant. The panel of commissionerscourt shall notify	1440
the claimant and attorney general of the extension and of the	1441
reasons for the extension. If upon hearing and consideration of	1442
the record and evidence, the court of claims panel of	1443
commissioners decides that the decision of the attorney general	1444
appealed from is reasonable and lawful, it shall affirm the same.	1445
If the court of claims panel of commissioners decides that the	1446
decision of the attorney general is not supported by a	1447
preponderance of the evidence or is unreasonable or unlawful, it	1448
the court shall reverse and vacate the decision or modify it and	1449
enter judgment thereon. The	1450

(C) The attorney general or a claimant may appeal an award of	1451
reparations, the amount of an award of reparations, or the denial	1452
of a claim for an award of reparations that is made by a panel of	1453
court of claims commissioners. If the determination of the panel	1454
of commissioners with respect to any claim for an award of	1455
reparations is appealed, a judge of the court of claims shall hear	1456
and determine the appeal on the basis of the record of the hearing	1457
before the commissioners, including the original award or denial	1458
made by the attorney general, any information or documents	1459
presented to the panel of commissioners, and any briefs or oral	1460
arguments that may be requested by the judge. If upon hearing and	1461
consideration of the record and evidence, the judge decides that	1462
the decision of the panel of commissioners is unreasonable or	1463
unlawful, the judge shall reverse and vacate the decision or	1464
modify it and enter judgment on the claim. The decision of the	1465
judge of the court of claims is final.	1466

(D)(C) Notices of an appeal concerning an award of	1467
reparations shall be filed within thirty days after the date on	1468
which the award or the denial of a claim is made by a final	1469
decision of the attorney general. If a notice of appeal is not	1470
filed within the thirty-day period, the award or denial of the	1471
claim is final unless athe court of claims panel of commissioners	1472
in the interests of justice allows the appeal.	1473

(E) The attorney general or a claimant shall file a notice of	1474
an appeal concerning an order or decision of a panel of	1475
commissioners within thirty days after the date on which the award	1476
or the denial of a claim is made by the panel of commissioners. If	1477
the attorney general or a claimant does not file a notice of	1478
appeal with respect to an award or denial within the thirty-day	1479
period, the award or denial of the claim is final unless a judge	1480
of the court of claims in the interests of justice allows the	1481
appeal.	1482

Sec. 2743.62.  (A)(1) Subject to division (A)(2) of this	1483
section, there is no privilege, except the privileges arising from	1484
the attorney-client relationship, as to communications or records	1485
that are relevant to the physical, mental, or emotional condition	1486
of the claimant or victim in a proceeding under sections 2743.51	1487
to 2743.72 of the Revised Code in which that condition is an	1488
element.	1489

(2)(a) Except as specified in division (A)(2)(b) of this	1490
section, any record or report that a judge of the court of claims,	1491
a court of claims panel of commissioners, or the attorney general	1492
has obtained prior to, or obtains on or after, June 30, 1998,	1493
under the provisions of sections 2743.51 to 2743.72 of the Revised	1494
Code and that is confidential or otherwise exempt from public	1495
disclosure under section 149.43 of the Revised Code while in the	1496
possession of the creator of the record or report shall remain	1497
confidential or exempt from public disclosure under section 149.43	1498
of the Revised Code while in the possession of the court of claims	1499
or the attorney general.	1500

(b) Notwithstanding division (A)(2)(a) of this section, a	1501
judge of the court of claims, a panel of commissionersmagistrate,	1502
a claimant, a claimant's attorney, or the attorney general may	1503
disclose or refer to records or reports described in that division	1504
in any hearing conducted under sections 2743.51 to 2743.72 of the	1505
Revised Code or in the judge's, panel of commissioners'	1506
magistrate's, claimant's, or attorney general's written pleadings,	1507
findings, recommendations, and decisions.	1508

(B) If the mental, physical, or emotional condition of a	1509
victim or claimant is material to a claim for an award of	1510
reparations, the attorney general, a panel of commissioners, or a	1511
judge of the court of claims may order the victim or claimant to	1512
submit to a mental or physical examination and may order an	1513
autopsy of a deceased victim. The order may be made for good cause	1514
shown and upon notice to the person to be examined and to the	1515
claimant. The order shall specify the time, place, manner,	1516
conditions, and scope of the examination or autopsy and the person	1517
by whom it is to be made. In the case of a mental examination, the	1518
person specified may be a physician or psychologist. In the case	1519
of a physical examination, the person specified may be a	1520
physician, a physician assistant, a clinical nurse specialist, a	1521
certified nurse practitioner, or a certified nurse-midwife. In the	1522
case of an autopsy, the person specified must be a physician. The	1523
order shall require the person who performs the examination or	1524
autopsy to file with the attorney general a detailed written	1525
report of the examination or autopsy. The report shall set out the	1526
findings, including the results of all tests made, diagnoses,	1527
prognoses, and other conclusions and reports of earlier	1528
examinations of the same conditions.	1529

(C) On request of the person examined, the attorney general	1530
shall furnish the person a copy of the report. If the victim is	1531
deceased, the attorney general, on request, shall furnish the	1532
claimant a copy of the report.	1533

(D) The attorney general, a panel of commissioners, or a	1534
judge of the court of claims may require the claimant to	1535
supplement the application for an award of reparations with any	1536
reasonably available medical or psychological reports relating to	1537
the injury for which the award of reparations is claimed.	1538

(E) The attorney general, a panel of commissioners, or a	1539
judge of the court of claims, in a claim arising out of a	1540
violation of any provision of sections 2907.02 to 2907.07 of the	1541
Revised Code, shall not request the victim or the claimant to	1542
supply, or permit any person to supply, any evidence of specific	1543
instances of the victim's sexual activity, opinion evidence of the	1544
victim's sexual activity, or reputation evidence of the victim's	1545
sexual activity unless it involves evidence of the origin of	1546
semen, pregnancy, or disease or evidence of the victim's past	1547
sexual activity with the offender and only to the extent that the	1548
judge, the panelcourt of commissioners,claims or the attorney	1549
general finds that the evidence is relevant to a fact at issue in	1550
the claim.	1551

Sec. 2743.63.  If a person refuses to comply with an order	1552
under sections 2743.51 to 2743.72 of the Revised Code, or asserts	1553
a privilege, except privileges arising from the attorney-client	1554
relationship, to withhold or suppress evidence relevant to a claim	1555
for an award of reparations, the attorney general may make any	1556
just decision including denial of the claim but shall not find the	1557
person in contempt. If necessary to carry out any of the attorney	1558
general's powers and duties, the attorney general may petition a	1559
the court of claims panel of commissioners for an appropriate	1560
order, including but not limited to a finding of contempt, but a	1561
panel of commissionersthe court shall not find a person in	1562
contempt for refusal to submit to a mental or physical	1563
examination.	1564

Sec. 2743.64.  The attorney general, a court of claims panel	1565
of commissioners, or a judge of the court of claims may make an	1566
award of reparations whether or not any person is prosecuted or	1567
convicted for committing the conduct that is the basis of the	1568
award. Proof of conviction of a person whose conduct gave rise to	1569
a claim is conclusive evidence that the crime was committed,	1570
unless an application for rehearing, an appeal of the conviction,	1571
or certiorari is pending, or a rehearing or new trial has been	1572
ordered.	1573

If the prosecuting attorney of the county in which the	1574
criminally injurious conduct allegedly occurred requests the	1575
suspension of proceedings in any claim for an award of reparations	1576
and if the request is made because of the commencement of a	1577
criminal prosecution, the attorney general may suspend, because a	1578
criminal prosecution has been commenced or is imminent, the	1579
proceedings in any claim for an award of reparations for a	1580
definite period of time, and may make an emergency award under	1581
section 2743.67 of the Revised Code.	1582

Sec. 2743.65.  (A) The attorney general shall determine, and	1583
the state shall pay, in accordance with this section attorney's	1584
fees, commensurate with services rendered, to the attorney	1585
representing a claimant under sections 2743.51 to 2743.72 of the	1586
Revised Code. The attorney shall submit on an application form an	1587
itemized fee bill at the rate of sixty dollars per hour upon	1588
receipt of the final decision on the claim. Attorney's fees paid	1589
pursuant to this section are subject to the following maximum	1590
amounts:	1591

(1) A maximum of seven hundred twenty dollars for claims	1592
resolved without the filing of an appeal to the panelcourt of	1593
commissionersclaims;	1594

(2) A maximum of one thousand twenty dollars for claims in	1595
which an appeal to the panelcourt of commissionersclaims is	1596
filed plus, at the request of an attorney whose main office is not	1597
in Franklin county, Delaware county, Licking county, Fairfield	1598
county, Pickaway county, Madison county, or Union county, an	1599
amount for the attorney's travel time to attend the oral hearing	1600
before the panelcourt of commissionersclaims at the rate of	1601
thirty dollars per hour;	1602

(3) A maximum of one thousand three hundred twenty dollars	1603
for claims in which an appeal to a judge of the court of claims is	1604
filed plus, at the request of an attorney whose main office is not	1605
in Franklin county, Delaware county, Licking county, Fairfield	1606
county, Pickaway county, Madison county, or Union county, an	1607
amount for the attorney's travel time to attend the oral hearing	1608
before the judgecourt at the rate of thirty dollars per hour;	1609

(4) A maximum of seven hundred twenty dollars for a	1610
supplemental reparations application;	1611

(5) A maximum of two hundred dollars if the claim is denied	1612
on the basis of a claimant's or victim's conviction of a felony	1613
offense prior to the filing of the claim. If the claimant or	1614
victim is convicted of a felony offense during the pendency of the	1615
claim, the two hundred dollars maximum does not apply. If the	1616
attorney had knowledge of the claimant's or victim's felony	1617
conviction prior to the filing of the application for the claim,	1618
the attorney general may determine that the filing of the claim	1619
was frivolous and may deny attorney's fees.	1620

(B) The attorney general may determine that an attorney be	1621
reimbursed for fees incurred in the creation of a guardianship if	1622
the guardianship is required in order for an individual to receive	1623
an award of reparations, and those fees shall be reimbursed at a	1624
rate of sixty dollars per hour.	1625

(C)(1) The attorney general shall forward an application form	1626
for attorney's fees to a claimant's attorney before or when the	1627
final decision on a claim is rendered. The application form for	1628
attorney's fees shall do all of the following:	1629

(a) Inform the attorney of the requirements of this section;

1630

(b) Require a verification statement comporting with the law	1631
prohibiting falsification;	1632

(c) Require an itemized fee statement;

1633

(d) Require a verification statement that the claimant was	1634
served a copy of the completed application form;	1635

(e) Include notice that the claimant may oppose the	1636
application by notifying the attorney general in writing within	1637
ten days.	1638

(2) The attorney general shall forward a copy of this section	1639
to the attorney with the application form for attorney's fees. The	1640
attorney shall file the application form with the attorney	1641
general. The attorney general's decision with respect to an award	1642
of attorney's fees is final ten days after the attorney general	1643
renders the decision and mails a copy of the decision to the	1644
attorney at the address provided by the attorney. The attorney may	1645
request reconsideration of the decision on grounds that it is	1646
insufficient or calculated incorrectly. The attorney general's	1647
decision on the request for reconsideration is final.	1648

(D) The attorney general shall review all application forms	1649
for attorney's fees that are submitted by a claimant's attorney	1650
and shall issue an order approving the amount of fees to be paid	1651
to the attorney within sixty days after receipt of the application	1652
form.	1653

(E) No attorney's fees shall be paid for the following:

1654

(1) Estate work or representation of a claimant against a	1655
collateral source;	1656

(2) Duplication of investigative work required to be	1657
performed by the attorney general;	1658

(3) Performance of unnecessary criminal investigation of the	1659
offense;	1660

(4) Presenting or appealing an issue that has been repeatedly	1661
ruled upon by the highest appellate authority, unless a unique set	1662
of facts or unique issue of law exists that distinguishes it;	1663

(5) A fee request that is unreasonable, is not commensurate	1664
with services rendered, violates the Ohio code of professional	1665
responsibility, or is based upon services that are determined to	1666
be frivolous.	1667

(F)(1) The attorney general may reduce or deny the payment of	1668
attorney's fees to an attorney who has filed a frivolous claim.	1669
Subject to division (A)(5) of this section, the denial of a claim	1670
on the basis of a felony conviction, felony conduct, or	1671
contributory misconduct does not constitute a frivolous claim.	1672

(2) As used in this section, "frivolous claim" means a claim	1673
in which there is clearly no legal grounds under the existing laws	1674
of this state to support the filing of a claim on behalf of the	1675
claimant or victim.	1676

(G) The attorney general may determine that a lesser number	1677
of hours should have been required in a given case. Additional	1678
reimbursement may be made where the attorney demonstrates to the	1679
attorney general that the nature of the particular claim required	1680
the expenditure of an amount in excess of that allowed.	1681

(H) No attorney shall receive payment under this section for	1682
assisting a claimant with an application for an award of	1683
reparations under sections 2743.51 to 2743.72 of the Revised Code	1684
if that attorney's fees have been allowed as an expense in	1685
accordance with division (F)(4) of section 2743.51 of the Revised	1686
Code.	1687

(I) A contract or other agreement between an attorney and any	1688
person that provides for the payment of attorney's fees or other	1689
payments in excess of the attorney's fees allowed under this	1690
section for representing a claimant under sections 2743.51 to	1691
2743.72 of the Revised Code shall be void and unenforceable.	1692

(J) Each witness who appears in a hearing on a claim for an	1693
award of reparations shall receive compensation in an amount equal	1694
to that received by witnesses under section 119.094 of the Revised	1695
Code.	1696

Sec. 2743.66.  (A) A decision of the attorney general,or	1697
order of a court of claims panel of commissioners, or judgment of	1698
a judge of the court of claims granting an award of reparations	1699
may provide for the payment of the award in a lump sum or in	1700
installments. The part of an award equal to the amount of economic	1701
loss accrued to the date of the award shall be paid in a lump sum.	1702
An award for allowable expense that would accrue after the award	1703
is made shall not be paid in a lump sum. Except as provided in	1704
division (B) of this section, the part of an award not paid in a	1705
lump sum shall be paid in installments.	1706

(B) Upon the motion of the claimant, the attorney general may	1707
commute future economic loss, other than allowable expense, to a	1708
lump sum but only upon a finding that either of the following	1709
applies:	1710

(1) The award in a lump sum will promote the interests of the	1711
claimant.	1712

(2) The present value of all future economic loss, other than	1713
allowable expense, does not exceed one thousand dollars.	1714

(C) The attorney general may make an award for future	1715
economic loss payable in installments only for a period as to	1716
which future economic loss reasonably can be determined. An award	1717
for future economic loss payable in installments may be	1718
reconsidered and modified upon a finding that a material and	1719
substantial change of circumstances has occurred.	1720

(D) An award is not subject to execution, attachment,	1721
garnishment, or other process, except that, upon receipt of an	1722
award by a claimant:	1723

(1) The part of the award that is for allowable expense or	1724
funeral expense is not exempt from such action by a creditor to	1725
the extent that the creditor provided products, services, or	1726
accommodations the costs of which are included in the award.	1727

(2) The part of the award that is for work loss shall not be	1728
exempt from such action to secure payment of spousal support,	1729
other maintenance, or child support.	1730

(3) The attorney general may recover the award pursuant to	1731
section 2743.72 of the Revised Code if it is discovered that the	1732
claimant actually was not eligible for the award or that the award	1733
otherwise should not have been made under the standards and	1734
criteria set forth in sections 2743.51 to 2743.72 of the Revised	1735
Code.	1736

(4) If the claimant receives compensation from any other	1737
person or entity, including a collateral source, for an expense	1738
that is included within the award, the attorney general may	1739
recover pursuant to section 2743.72 of the Revised Code the part	1740
of the award that represents the expense for which the claimant	1741
received the compensation from the other person or entity.	1742

(E) If a person entitled to an award of reparations is under	1743
eighteen years of age and if the amount of the award exceeds one	1744
thousand dollars, the order providing for the payment of the award	1745
shall specify that the award be paid either to the guardian of the	1746
estate of the minor appointed pursuant to Chapter 2111. of the	1747
Revised Code or to the person or depository designated by the	1748
probate court under section 2111.05 of the Revised Code. If a	1749
person entitled to an award of reparations is under eighteen years	1750
of age and if the amount of the award is one thousand dollars or	1751
less, the order providing for the payment of the award may specify	1752
that the award be paid to an adult member of the family of the	1753
minor who is legally responsible for the minor's care or to any	1754
other person designated by the attorney general or panel of	1755
commissioners issuing the decision or ordercourt of claims.	1756

Sec. 2743.67.  The attorney general may make an emergency	1757
award if, before acting on an application for an award of	1758
reparations under this section, it appears likely that a final	1759
award will be made, and the claimant or victim will suffer undue	1760
hardship if immediate economic relief is not obtained. An	1761
emergency award shall not exceed two thousand dollars. The	1762
attorney general or the court of claims panel of commissioners	1763
shall deduct an amount of the emergency award from the final	1764
award, or the claimant or victim shall repay the amount of the	1765
emergency award that exceeds the final award made to the claimant.	1766
If no final award is made, the claimant or victim shall repay the	1767
entire emergency award.	1768

Sec. 2743.68.  A claimant may file a supplemental reparations	1769
application in a claim if the attorney general, a court of claims	1770
panel of commissioners, or judge of the court of claims, within	1771
five years prior to the filing of the supplemental application,	1772
has made any of the following determinations:	1773

(A) That an award, supplemental award, or installment award	1774
be granted;	1775

(B) That an award, supplemental award, or installment award	1776
be conditioned or denied because of actual or potential recovery	1777
from a collateral source;	1778

(C) That an award, supplemental award, or installment award	1779
be denied because the claimant had not incurred any economic loss	1780
at that time.	1781

Sec. 2743.69. (A) The attorney general shall prepare and	1782
transmit annually to the governor, the president of the senate,	1783
the speaker of the house of representatives, and the minority	1784
leaders of both houses a report of the activities of the Ohio	1785
crime victims compensation program under sections 2743.51 to	1786
2743.72 of the Revised Code. The report shall include all of the	1787
following:	1788

(1) The number of claims filed, the number of awards made and	1789
the amount of each award, and a statistical summary of awards made	1790
and denied, including the average size of awards;	1791

(2) The balance in the reparations fund, with a listing by	1792
source and amount of the moneys that have been deposited in the	1793
fund;	1794

(3) The amount that has been withdrawn from the fund,	1795
including separate listings of the administrative costs incurred	1796
by the attorney general and athe court of claims panel of	1797
commissioners, compensation of judges and court personnel, the	1798
amount awarded as attorney's fees, and the amount of payments made	1799
pursuant to divisions (A)(1)(k) and (l) of section 2743.191 of the	1800
Revised Code.	1801

(B) The director of budget and management shall assist the	1802
attorney general in the preparation of the report required by this	1803
section.	1804

Sec. 2743.71.  (A) Any law enforcement agency that	1805
investigates, and any prosecuting attorney, city director of law,	1806
village solicitor, or similar prosecuting authority who	1807
prosecutes, an offense committed in this state shall, upon first	1808
contact with the victim or the victim's family or dependents, give	1809
the victim or the victim's family or dependents a copy of an	1810
information card or other printed material provided by the	1811
attorney general pursuant to division (B) of this section and	1812
explain, upon request, the information on the card or material to	1813
the victim or the victim's family or dependents.	1814

(B) The attorney general shall have printed, and shall	1815
provide to law enforcement agencies, prosecuting attorneys, city	1816
directors of law, village solicitors, and similar prosecuting	1817
authorities, cards or other materials that contain information	1818
explaining awards of reparations. The information on the cards or	1819
other materials shall include, but shall not be limited to, the	1820
following statements:	1821

(1) Awards of reparations are limited to losses that are	1822
caused by physical injury resulting from criminally injurious	1823
conduct;	1824

(2) Reparations applications are required to be filed within	1825
two years after the date of the criminally injurious conduct if	1826
the victim was an adult, or within the period provided by division	1827
(C)(B)(1) of section 2743.56 of the Revised Code if the victim of	1828
the criminally injurious conduct was a minor;	1829

(3) An attorney who represents an applicant for an award of	1830
reparations cannot charge the applicant for the services rendered	1831
in relation to that representation but is required to apply to the	1832
attorney general for payment for the representation;	1833

(4) Applications for awards of reparations may be obtained	1834
from the attorney general, law enforcement agencies, and victim	1835
assistance agencies and are to be filed with the attorney general.	1836

(C) The attorney general may order that a reasonable amount	1837
of money be paid out of the reparations fund, subject to the	1838
limitation imposed by division (D) of this section, for use by the	1839
attorney general to publicize the availability of awards of	1840
reparations.	1841

(D) During any fiscal year, the total expenditure for the	1842
printing and providing of information cards or other materials	1843
pursuant to division (B) of this section and for the publicizing	1844
of the availability of awards of reparations pursuant to division	1845
(C) of this section shall not exceed two per cent of the total of	1846
all court costs deposited, in accordance with section 2743.70 of	1847
the Revised Code, in the reparations fund during the immediately	1848
preceding fiscal year.	1849

Section 2. That existing sections 141.04, 141.13, 1901.10,	1850
1901.12, 1907.14, 2701.03, 2701.031, 2743.03, 2743.04, 2743.09,	1851
2743.121, 2743.20, 2743.52, 2743.53, 2743.531, 2743.55, 2743.60,	1852
2743.601, 2743.61, 2743.62, 2743.63, 2743.64, 2743.65, 2743.66,	1853
2743.67, 2743.68, 2743.69, and 2743.71 and sections 1901.121 and	1854
2743.54 of the Revised Code are hereby repealed.	1855