Am. H. J. R. No. 1 As Reported by the Senate Judiciary--Civil Justice Committee

As Reported by the Senate Judiciary--Civil Justice Committee

129th General Assembly

Regular Session

2011-2012

Am. H. J. R. No. 1

Representatives Huffman, Fende

Cosponsors: Representatives Slaby, Grossman, Gardner, Sears, Maag, Derickson, McKenney, Amstutz, Brenner, Combs, Blessing, McClain, Thompson, Blair, Dovilla, Coley, Anielski, Baker, Beck, Boose, Carey, Duffey, Gonzales, Hollington, Martin, McGregor, Mecklenborg, Newbold, Rosenberger, Schuring, Stebelton, Uecker Speaker Batchelder
Senators Wagoner, Faber, Seitz, Turner

A JOINT RESOLUTION

Proposing to amend Section 6 of Article IV and to 1
repeal Sections 19 and 22 of Article IV of the 2
Constitution of the State of Ohio to change the 3
age at and after which a person may not be elected 4
or appointed to a judicial office and to eliminate 5
the authority of the General Assembly to establish 6
courts of conciliation and to reappoint a Supreme 7
Court commission. 8

       Be it resolved by the General Assembly of the State of Ohio, 9
three-fifths of the members elected to each house concurring 10
herein, that there shall be submitted to the electors of the 11
state, in the manner prescribed by law at the general election to 12
be held on November 8, 2011, a proposal to amend Section 6 of 13
Article IV of the Constitution of the State of Ohio to read as 14
follows: 15

6.   (A)(1) The chief justice and the justices of the 16
supreme court shall be elected by the electors of the state at 17
large, for terms of not less than six years. 18

       (2) The judges of the courts of appeals shall be elected by 19
the electors of their respective appellate districts, for terms of 20
not less than six years. 21

       (3) The judges of the courts of common pleas and the 22
divisions thereof shall be elected by the electors of the 23
counties, districts, or, as may be provided by law, other 24
subdivisions, in which their respective courts are located, for 25
terms of not less than six years, and each judge of a court of 26
common pleas or division thereof shall reside during his term of 27
office in the county, district, or subdivision in which his court 28
is located. 29

       (4) Terms of office of all judges shall begin on the days 30
fixed by law, and laws shall be enacted to prescribe the times and 31
mode of their election. 32

       (B) The judges of the supreme court, courts of appeals, 33
courts of common pleas, and divisions thereof, and of all courts 34
of record established by law, shall, at stated times, receive, for 35
their services such compensation as may be provided by law, which 36
shall not be diminished during their term of office. The 37
compensation of all judges of the supreme court, except that of 38
the chief justice, shall be the same. The compensation of all 39
judges of the courts of appeals shall be the same. Common pleas 40
judges and judges of divisions thereof, and judges of all courts 41
of record established by law shall receive such compensation as 42
may be provided by law. Judges shall receive no fees or 43
perquisites, nor hold any other office of profit or trust, under 44
the authority of this state, or of the United States. All votes 45
for any judge, for any elective office, except a judicial office, 46
under the authority of this state, given by the general assembly, 47
or the people shall be void. 48

       (C) No person shall be elected or appointed to any judicial 49
office if on or before the ~~day when he shall assume~~date of the 50
election or appointment at which the office ~~and enter upon the~~ 51
~~discharge of its duties he~~is to be filled the person shall have 52
~~attained~~exceeded the age of ~~seventy~~seventy-five years or if the 53
person exceeded the age of seventy years during the person's term 54
of office as a judge of the supreme court or the court of appeals 55
and on or prior to November 8, 2011. Any voluntarily retired 56
judge, or any judge who is retired under this section, may be 57
assigned with ~~his~~the retired judge's consent, by the chief 58
justice or acting chief justice of the supreme court, to active 59
duty as a judge and while so serving shall receive the established 60
compensation for such office, computed upon a per diem basis, in 61
addition to any retirement benefits to which hethe retired judge 62
may be entitled. Laws may be passed providing retirement benefits 63
for judges. 64

EFFECTIVE DATE AND REPEAL 65

       If adopted by a majority of the electors voting on this 66
proposal, Section 6 of Article IV as amended by this proposal 67
shall take effect immediately, and existing Section 6 and Sections 68
19 and 22 of Article IV of the Constitution of 69
the State of Ohio shall be repealed effective immediately. 70

SCHEDULE 71

       The amendments to Section 6 of Article IV of the Constitution 72
of the State of Ohio in part substitute gender neutral for gender 73
specific language. The gender neutralizing amendments are not 74
intended to make a substantive change in the Ohio Constitution. 75
The gender neutral language is to be construed as a restatement 76
of, and substituted in a continuing way for, the corresponding 77
gender specific language existing prior to adoption of the gender 78
neutralizing amendments. 79

Be it resolved by the General Assembly of the State of Ohio,	9
three-fifths of the members elected to each house concurring	10
herein, that there shall be submitted to the electors of the	11
state, in the manner prescribed by law at the general election to	12
be held on November 8, 2011, a proposal to amend Section 6 of	13
Article IV of the Constitution of the State of Ohio to read as	14
follows:	15

6. (A)(1) The chief justice and the justices of the	16
supreme court shall be elected by the electors of the state at	17
large, for terms of not less than six years.	18

(2) The judges of the courts of appeals shall be elected by	19
the electors of their respective appellate districts, for terms of	20
not less than six years.	21

(3) The judges of the courts of common pleas and the	22
divisions thereof shall be elected by the electors of the	23
counties, districts, or, as may be provided by law, other	24
subdivisions, in which their respective courts are located, for	25
terms of not less than six years, and each judge of a court of	26
common pleas or division thereof shall reside during his term of	27
office in the county, district, or subdivision in which his court	28
is located.	29

(4) Terms of office of all judges shall begin on the days	30
fixed by law, and laws shall be enacted to prescribe the times and	31
mode of their election.	32

(B) The judges of the supreme court, courts of appeals,	33
courts of common pleas, and divisions thereof, and of all courts	34
of record established by law, shall, at stated times, receive, for	35
their services such compensation as may be provided by law, which	36
shall not be diminished during their term of office. The	37
compensation of all judges of the supreme court, except that of	38
the chief justice, shall be the same. The compensation of all	39
judges of the courts of appeals shall be the same. Common pleas	40
judges and judges of divisions thereof, and judges of all courts	41
of record established by law shall receive such compensation as	42
may be provided by law. Judges shall receive no fees or	43
perquisites, nor hold any other office of profit or trust, under	44
the authority of this state, or of the United States. All votes	45
for any judge, for any elective office, except a judicial office,	46
under the authority of this state, given by the general assembly,	47
or the people shall be void.	48

(C) No person shall be elected or appointed to any judicial	49
office if on or before the ~~day when he shall assume~~date of the	50
election or appointment at which the office ~~and enter upon the~~	51
~~discharge of its duties he~~is to be filled the person shall have	52
~~attained~~exceeded the age of ~~seventy~~seventy-five years or if the	53
person exceeded the age of seventy years during the person's term	54
of office as a judge of the supreme court or the court of appeals	55
and on or prior to November 8, 2011. Any voluntarily retired	56
judge, or any judge who is retired under this section, may be	57
assigned with ~~his~~the retired judge's consent, by the chief	58
justice or acting chief justice of the supreme court, to active	59
duty as a judge and while so serving shall receive the established	60
compensation for such office, computed upon a per diem basis, in	61
addition to any retirement benefits to which hethe retired judge	62
may be entitled. Laws may be passed providing retirement benefits	63
for judges.	64

If adopted by a majority of the electors voting on this	66
proposal, Section 6 of Article IV as amended by this proposal	67
shall take effect immediately, and existing Section 6 and Sections	68
19 and 22 of Article IV of the Constitution of	69
the State of Ohio shall be repealed effective immediately.	70

The amendments to Section 6 of Article IV of the Constitution	72
of the State of Ohio in part substitute gender neutral for gender	73
specific language. The gender neutralizing amendments are not	74
intended to make a substantive change in the Ohio Constitution.	75
The gender neutral language is to be construed as a restatement	76
of, and substituted in a continuing way for, the corresponding	77
gender specific language existing prior to adoption of the gender	78
neutralizing amendments.	79