Bill Analysis
Legislative Service Commission
Am. Sub. H.B. 238
128th General Assembly
(As Passed by the General Assembly)
Reps. Harwood, Murray, B. Williams, Pillich, Yuko, Chandler, Huffman, Letson, Bacon, Batchelder, Belcher, Bolon, Boyd, Brown, Bubp, Carney, Coley, Combs, DeBose, DeGeeter, Domenick, Driehaus, Dyer, Evans, Fende, Garland, Goyal, Grossman, Hagan, Harris, Hottinger, Luckie, Mallory, Newcomb, Oelslager, Okey, Patten, Phillips, Snitchler, Yates
Sens. D. Miller, Buehrer, Fedor, Harris, Hughes, Husted, Kearney, Patton, Seitz, Strahorn, Wagoner, Turner, Smith
Effective date: September 8, 2010; certain provisions effective January 1, 2011
ACT SUMMARY
· Requires that the court in a divorce or legal separation proceeding require each spouse to disclose in a full and complete manner all of that spouse's marital property, separate property, and other assets.
· Treats nondisclosure of assets as a form of financial misconduct for which the court may compensate the offended spouse with a distributive award or with a greater award of marital property.
· Authorizes the court in a divorce or legal separation proceeding to modify a division or disbursement of property or a distributive award upon the express written consent or agreement of both spouses.
· Permits the spouses in a dissolution of marriage proceeding to include in the separation agreement authorization for the court to modify the division of property and requires that any modification be made only with the express written consent or agreement of both spouses.
· Permits the court to award the offended spouse a distributive award or a greater award of marital property if the other spouse has substantially and willfully failed to disclose assets.
· Eliminates the prohibition against a municipal or county court judge being eligible for life insurance coverage from a county or other political subdivision after the issuance of a group policy covering all municipal and county court judges.
· Changes the statutory designation of the Chardon, Lyndhurst, and Miamisburg Municipal Courts from part-time to full-time judges.
· Prohibits a county court judge from retaining a fee for performing a marriage ceremony and requires a county court judge to pay all marriage fees collected by the judge when not connected with any cause or proceeding pending in the county court to the treasurer of the county in which the court is located.
· Removes the statutorily required notice regarding possessing or purchasing a firearm when subject to certain nondomestic violence protection orders issued as a pretrial condition of release.
· Modifies the notice requirements regarding possessing or purchasing a firearm when subject to a domestic violence-related temporary protection order.
· Effective January 1, 2011, abolishes the Putnam County County Court and its two part-time judgeships and creates in Ottawa the Putnam County Municipal Court with one full-time judge and with jurisdiction within Putnam County.
· Specifies that the judge of the Putnam County Municipal Court will be elected in 2011 and nominated only by petition and provides that the part-time judge of the Putnam County County Court, whose term commenced on January 1, 2007, serves as the full-time judge of the Putnam County Municipal Court until December 31, 2011.
· Provides that the Clerk of Courts of Putnam County will be the Clerk of the Putnam County Municipal Court.
· Provides that in addition to the police officers of municipal corporations and police constables of townships within the territory of the Putnam County Municipal Court who serve as ex officio deputy bailiffs, deputy sheriffs of Putnam County also will serve as deputy bailiffs of the Putnam County Municipal Court.
· Requires the Putnam County Prosecuting Attorney to prosecute in the Putnam County Municipal Court all violations of state law arising in Putnam County and authorizes the Prosecuting Attorney to enter into an agreement with any municipal corporation in Putnam County pursuant to which the Prosecuting Attorney prosecutes all cases brought before the Putnam County Municipal Court for violations of the ordinances of the municipal corporation or for criminal offenses other than violations of state law occurring within the municipal corporation.
· Includes transition provisions upon the abolition of the Putnam County County Court and the establishment of the Putnam County Municipal Court.
· Abolishes the Montgomery County County Court and its three part‐time judgeships on the effective date of the act and creates on that date (effective date of the court) the Montgomery County Municipal Court that will eventually have two full‐time judges and that has jurisdiction within all of Montgomery County except for the municipal corporations of Centerville, Clayton, Dayton, Englewood, Germantown, Kettering, Miamisburg, Moraine, Oakwood, Union, Vandalia, and West Carrollton and Butler, German, Harrison, Miami, and Washington townships.
· Authorizes the legislative authority of the Montgomery County Municipal Court to select places with the county, with specified exceptions, where a judge of the court will sit and prohibits any municipal corporation so selected from having a mayor's court.
· Requires, in any year in which the total yearly salary cost of all the judges of the Montgomery County Municipal Court exceeds the yearly salary cost of five part-time county court judges, that the court pay the difference, after specified adjustments based on health-care costs, be paid from designated special court funds to the state and county treasurers in amounts proportional to the percentage of the municipal court judges' salaries paid by the state and the county.
· Provides that the Clerk of Courts of Montgomery County will be the Clerk of the Montgomery County Municipal Court.
· Requires the Montgomery County Prosecuting Attorney to prosecute in the Montgomery County Municipal Court all felony, misdemeanor, and traffic violations arising in specified unincorporated townships and all felony violations of state law and all violations involving a state or county agency arising within the jurisdiction of the court.
· Includes transition provisions upon the abolition of the Montgomery County County Court and the establishment of the Montgomery County Municipal Court.
TABLE OF CONTENTS
Disclosure of assets in a divorce or separation proceeding
Modification of division of property in a dissolution of marriage proceeding
Group life insurance coverage for municipal and county court judges
Chardon, Lyndhurst, and Miamisburg Municipal Courts
Notice regarding possessing or purchasing a firearm
Clerk of court and assistant clerks
Transition provisions and effective date
Montgomery County Municipal Court
Creation of the municipal court
Effective date of the municipal court
Jurisdiction and location of the municipal court
Payment of compensation of the judges of the municipal court
CONTENT AND OPERATION
Disclosure of assets in a divorce or separation proceeding
In a divorce proceeding, the court must determine what property of the spouses is "marital property" and what is "separate property" (see COMMENT 1 and 2 for definitions). In a proceeding for a legal separation, the court may make such a determination upon the request of either spouse. In either case, the court must divide the marital and separate property equitably between the spouses. The court must divide the marital property equally, except as follows (R.C. 3105.171(B), (C), and (E)):
(1) If an equal division of marital property would be inequitable, the court must divide the marital property in an equitable manner, taking into account the duration of the marriage, the assets and liabilities of the spouses, and other specified factors.
(2) The court may make a "distributive award" (see COMMENT 3 for definition) to facilitate, effectuate, or supplement a division of marital property or, if the court determines that a division of the marital property in kind or in money would be impractical or burdensome, make a distributive award in lieu of a division of marital property in order to achieve equity between the spouses. If a spouse has engaged in financial misconduct, including, but not limited to, the dissipation, destruction, concealment, or fraudulent disposition of assets, the court may compensate the offended spouse with a distributive award or with a greater award of marital property.
Under the act, the court must require each spouse to disclose in a full and complete manner all marital property, separate property, and other assets of the spouse. The act treats nondisclosure of assets as a form of financial misconduct for which the court may compensate the offended spouse with a distributive award or with a greater award of marital property. (R.C. 3105.171(E)(3) and (4).)
Under the act, if a spouse has substantially and willfully failed to disclose marital property, separate property, or other assets, debts, income, or expenses as required by the act, the court may compensate the offended spouse with a distributive award or with a greater award of marital property not to exceed three times the value of the marital property, separate property, or other assets, debts, income, or expenses that are not disclosed by the other spouse (R.C. 3105.171(E)(5)).
Under prior law, a division or disbursement of property or a distributive award made under R.C. 3105.171 was not subject to future modification by the court. The act authorizes the court to modify a division or disbursement of property or a distributive award upon the express written consent or agreement of both spouses to the modification. (R.C. 3105.171(I).)
Modification of division of property in a dissolution of marriage proceeding
In a proceeding for a dissolution of marriage, the spouses must jointly petition the court for a dissolution and incorporate into the petition a separation agreement that provides for spousal support and a division of all property. The spouses may, but need not, also authorize the court to modify the amount or terms of spousal support provided in the separation agreement. The act also permits the spouses to include in the separation agreement authorization for the court to modify the division of property. If the petition for dissolution of marriage contains such an authorization, the modification may be made only with the express written consent or agreement of both spouses. (R.C. 3105.63(A)(1) and (C)(2) and 3105.65(B).)
Group life insurance coverage for municipal and county court judges
The Department of Administrative Services in consultation with the Superintendent of Insurance negotiates with and, in accordance with the competitive selection procedures of R.C. Ch. 125., contracts with one or more insurance companies authorized to do business in this state, for the issuance of a policy of group life insurance covering all municipal and county court judges. Under prior law, on and after the effective date of the policy of group life insurance coverage, a municipal or county court judge was ineligible for life insurance coverage from a county or other political subdivision. The act removes this prohibition. (R.C. 124.81(B).)
Fees for marriage ceremony
County court judges have jurisdiction and authority to perform marriage ceremonies anywhere in the state (R.C. 1907.18(C)). Under prior law, judges of a county court could not retain any of the costs or fees specified in the schedules adopted pursuant to R.C. 1907.24, except they could retain a fee for performing a marriage ceremony and making return. Those costs and fees that could not be retained had to be transmitted to the general fund of the county on the first business day of each month. The act prohibits county court judges from retaining a fee for performing a marriage and specifies that a county court judge must pay all marriage fees collected by the judge when not connected with any cause or proceeding pending in the county court to the treasurer of the county in which the court is located (R.C. 1907.26 and 1907.18(C)(2)).
Chardon, Lyndhurst, and Miamisburg Municipal Courts
Under prior law, the judges of the Chardon, Lyndhurst, and Miamisburg Municipal Courts were part-time judges. The act changes their status to full-time judges. (R.C. 1901.08.)
Notice regarding possessing or purchasing a firearm
Except when the complaint involves a person who is a family or household member, upon the filing of a complaint that alleges a violation of R.C. 2903.11 (felonious assault), 2903.12 (aggravated assault), 2903.13 (assault), 2903.21 (aggravated menacing), 2903.211 (menacing by stalking), 2903.22 (menacing), or 2911.211 (aggravated trespass), a violation of a municipal ordinance substantially similar to those offenses, or the commission of a sexually oriented offense, the complainant, the alleged victim, or a family or household member of an alleged victim may file a motion that requests the issuance of a protection order as a pretrial condition of release of the alleged offender (R.C. 2903.213(A)). Under prior law, upon the issuance of a protection order of this type, the court had to provide the parties to the order with the following notice orally or by form (R.C. 2903.213(G)(2)):
"NOTICE
If you are convicted of a misdemeanor crime involving violence in which you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(9). If you have any questions whether this law makes it illegal for you to possess or purchase a firearm or ammunition, you should consult an attorney."
The act removes this notice requirement (R.C. 2903.213(G)(2)).
Under prior law, this same notice was required to be provided by the court upon the issuance of a temporary protection order as a pretrial condition of release of an alleged offender for an alleged violation of R.C. 2909.06 (criminal damaging or endangering), 2909.07 (criminal mischief), 2911.12 (burglary), or 2911.211 (aggravated trespass) if the alleged victim of the violation was a family or household member at the time of the violation, a violation of a municipal ordinance that is substantially similar to any of those sections if the alleged victim was a family or household member at the time of the violation, any offense of violence if the alleged victim of the offense was a family or household member at the time of the commission of the offense, or any sexually oriented offense if the alleged victim of the offense was a family or household member at the time of the commission of the offense (R.C. 2919.26(A)(1)). The act modifies the notice requirement by removing the provision that stated "[i]f you are convicted of a misdemeanor crime involving violence in which you are or were a spouse, intimate partner, parent, or guardian of the victim or are or were involved in another, similar relationship with the victim" and instead states that "[a]s a result of this protection order, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8) (changed from (9)). (R.C. 2919.26(G)(2).)
Putnam County Municipal Court
Under prior law, the Putnam County County Court had two part-time judges (R.C. 1907.11(A)).
The act abolishes the Putnam County County Court and creates the Putnam County Municipal Court to be established in Ottawa effective January 1, 2011. In the Putnam County Municipal Court, one full-time judge will be elected in 2011. Beginning January 1, 2011, the part-time judge of the Putnam County County Court that existed prior to that date whose term commenced on January 1, 2007, will serve as the full-time judge of the Putnam County Municipal Court until December 31, 2011. (R.C. 1907.11(A), 1901.01(G), 1901.02(A)(28), and 1901.08.)
The Putnam County Municipal Court has jurisdiction within Putnam County and is within the definition of "county-operated municipal court." In the Putnam County Municipal Court, the judge will be nominated only by petition, which must be signed by at least 50 electors of the territory of the court and conform to the provisions of law pertaining to the nomination of municipal court judges. (R.C. 1901.02(B), 1901.03(F), and 1901.07(C)(6).)
Clerk of court and assistant clerks
The Clerk of Courts of Putnam County will be the Clerk of the Putnam County Municipal Court and may appoint a chief deputy clerk for each branch office that is established pursuant to R.C. 1901.311, and assistant clerks as the judge of the Court determines are necessary, all of whom will receive the compensation that the legislative authority prescribes. The Clerk of Courts of Putnam County, acting as the Clerk of the Putnam County Municipal Court and assuming the duties of that office, receives compensation payable from the Putnam County Treasury in semimonthly installments at ¼ the rate that is prescribed for the clerks of courts of common pleas as determined in accordance with the population of the county and the rates set forth in R.C. 325.08 (salary schedules for clerks of courts of common pleas) and 325.18 (salary increases for county elected officials). (R.C. 1901.31(A)(2)(c).) The act provides that the current law on group health care coverage for clerks and deputy clerks does not apply to the Clerk of the Putnam County Municipal Court if health care coverage is provided to the Clerk by virtue of the Clerk's employment as the Clerk of the Court of Common Pleas of Putnam County (R.C. 1901.312(D)).
Bailiff and deputy bailiffs
Generally, a municipal court appoints a bailiff who receives the annual compensation that the court prescribes payable in either biweekly or semimonthly installments as determined by the payroll administrator. This provision will apply to the Putnam County Municipal Court. (R.C. 1901.32(A)(1).) Under continuing law, every police officer of any municipal corporation and police constable of a township within the territory of the municipal court is ex officio a deputy bailiff of the court in and for the municipal corporation or township in which commissioned as a police officer or police constable and must perform any duties in respect to cases within the officer's or constable's jurisdiction that are required by a judge of the court, or by the clerk or a bailiff or deputy bailiff of the court, without additional compensation (R.C. 1901.32(A)(5)). The act provides that in Putnam County, in addition to the persons who are ex officio deputy bailiffs under the preceding provision, every deputy sheriff of Putnam County is ex officio a deputy bailiff of the Putnam County Municipal Court and must perform without additional compensation any duties in respect to cases within the deputy sheriff's jurisdiction that are required by a judge of the Court, by the Clerk of the Court, or by a bailiff or deputy bailiff of the Court (R.C. 1901.32(A)(6)).
Criminal prosecutions
Under the act, the Putnam County Prosecuting Attorney must prosecute in the Putnam County Municipal Court all violations of state law arising in Putnam County. The Prosecuting Attorney of Putnam County may enter into an agreement with any municipal corporation in the County pursuant to which the Prosecuting Attorney prosecutes all cases brought before the Putnam County Municipal Court for violations of the ordinances of the municipal corporation or for criminal offenses other than violations of state law occurring within the municipal corporation. For prosecuting these cases, the Prosecuting Attorney and the municipal corporation may agree upon a fee to be paid by the municipal corporation, which fee must be paid into the Putnam County Treasury, to be used to cover expenses of the Office of the Prosecuting Attorney. (R.C. 1901.34(B) and (D).)
Transition provisions and effective date
The act provides that effective January 1, 2011, the Putnam County County Court is abolished. All causes, executions, and other proceedings pending in the Putnam County County Court at the close of business on December 31, 2010, must be transferred to and proceed in the Putnam County Municipal Court on January 1, 2011, as if originally instituted in the Putnam County Municipal Court. Parties to those causes, judgments, executions, and proceedings may make any amendments to their pleadings that are required to conform them to the rules of the Putnam County Municipal Court. The Clerk of the Putnam County County Court or other custodian must transfer to the Putnam County Municipal Court all pleadings, orders, entries, dockets, bonds, papers, records, books, exhibits, files, moneys, property, and persons that belong to, are in the possession of, or are subject to the jurisdiction of the Putnam County County Court, or any officer of that Court, at the close of business on December 31, 2010, and that pertain to those causes, judgments, executions, and proceedings. All employees of the Putnam County County Court must be transferred to and become employees of the Putnam County Municipal Court on January 1, 2011. Effective January 1, 2011, the part-time judgeship in the Putnam County County Court is abolished. (Section 6.)
The act provides that the Revised Code sections amended by the act and pertaining to the Putnam County Municipal Court as described above take effect January 1, 2011 (Section 7).
Montgomery County Municipal Court
Creation of the municipal court
Under prior law, the Montgomery County County Court had three part‐time judges (R.C. 1907.11(A)). The Montgomery County County Court had jurisdiction in all areas within the county not within the jurisdiction of one of the three municipal courts.
The act abolishes the Montgomery County County Court and creates the Montgomery County Municipal Court as a county-operated municipal court in any municipal corporation or unincorporated territory selected by the legislative authority of the court. The legislative authority of the court may establish the court in any municipal corporation or unincorporated territory within Montgomery County, except the municipal corporations of Centerville, Clayton, Dayton, Englewood, Germantown, Kettering, Miamisburg, Moraine, Oakwood, Union, Vandalia, and West Carrollton and Butler, German, Harrison, Miami, and Washington townships. (R.C. 1901.01(H), 1901.02(A)(29), and 1901.03(F).)
Effective date of the municipal court
The act's provisions relating to the Montgomery County Municipal Court were added to H.B. 238 by an amendment adopted by the Senate Judiciary - Civil Justice Committee on May 19, 2010. The amendment as offered abolished the county court and created the municipal court as of July 1, 2010, and included an emergency clause. The committee adopted the amendment without the emergency clause but did not change the date for the creation of the municipal court. The General Assembly passed the bill with July 1, 2010, as the date for the abolition of the county court and the creation of the municipal court and retained July 1, 2010, in the title and in various references to the municipal court. However, because the bill passed without the emergency clause, the act's effective date, and the effective date of the municipal court, is the 91st day after the act is filed with the Secretary of State. In this analysis, all of the act's references to July 1, 2010, are changed to "the court's effective date."
Judges of the municipal court
The act provides for the following judges of the Montgomery County Municipal Court (R.C. 1901.08):
One judge will be elected in 2011 to a part-time judgeship for a term to begin on January 1, 2012. If any one of the other judgeships of the court becomes vacant and is abolished after the court's effective date, this judgeship will become a full-time judgeship on that date. If only one other judgeship of the court becomes vacant and is abolished as of December 31, 2021, this judgeship will be abolished as of that date. Beginning on the court's effective date, the part-time judge of the Montgomery County County Court that existed before that date whose term commenced on January 1, 2005, will serve as a part-time judge of the Montgomery County Municipal Court until December 31, 2011.
One judge will be elected in 2011 to a full-time judgeship for a term to begin on January 2, 2012, and this judgeship will be abolished on January 1, 2016. Beginning on the court's effective date, the part-time judge of the Montgomery County County Court that existed before that date whose term commenced on January 2, 2005, will serve as a full-time judge of the Montgomery County Municipal Court until January 1, 2012.
One judge will be elected in 2013 to a full-time judgeship for a term to begin on January 2, 2014. Beginning on the court's effective date, the part-time judge of the Montgomery County County Court that existed before that date whose term commenced on January 2, 2007, will serve as a full-time judge of the Montgomery County Municipal Court until January 1, 2014.
One judge will be elected in 2013 to a judgeship for a term to begin on January 1, 2014. If no other judgeship of the court becomes vacant and is abolished by January 1, 2014, this judgeship will be a part-time judgeship. When one or more of the other judgeships of the court becomes vacant and is abolished after the court's effective date, this judgeship will become a full-time judgeship. Beginning on the court's effective date, the part-time judge of the Montgomery County County Court that existed before that date whose term commenced on January 1, 2007, will serve as this judge of the Montgomery County Municipal Court until December 31, 2013.
If any one of the judgeships of the court becomes vacant before December 31, 2021, that judgeship is abolished on the date that it becomes vacant, and the other judges of the court will be or serve as full-time judges. The abolishment of judgeships for the Montgomery County Municipal Court will cease when the court has two full-time judgeships.
Jurisdiction and location of the municipal court
The Montgomery County Municipal Court has jurisdiction within all of Montgomery county except for the municipal corporations of Centerville, Clayton, Dayton, Englewood, Germantown, Kettering, Miamisburg, Moraine, Oakwood, Union, Vandalia, and West Carrollton and Butler, German, Harrison, Miami, and Washington townships (R.C. 1901.02(B)).
The judges of the Montgomery County Municipal Court will sit in the same locations as the judges of the Montgomery County County Court sat before the county court was abolished. The legislative authority of the Montgomery County Municipal Court may determine after the court's effective date that the judges of the court will sit in any municipal corporation or unincorporated territory within Montgomery County. No municipal corporation that the legislative authority designates as a place where a judge of the municipal court sits may have a mayor's court. (R.C. 1901.021(M) and 1905.01(A).)
Payment of compensation of the judges of the municipal court
The act requires the chief administrator of the Ohio Supreme Court, on or before December 1 of each year, to notify the administrative judge of the Montgomery County Municipal Court, the board of county commissioners of Montgomery County, and the Treasurer of State of the yearly salary cost of five part-time county court judges as of that date. If the total yearly salary costs of all of the judges of the Montgomery County Municipal Court as of that date exceeds that amount, the administrative judge must cause payment of the difference between those two amounts less any reduced amount paid for the health care costs of the Montgomery County Municipal Court judges in comparison to the health care costs of five part-time county court judges from the general special projects fund or the fund for a specific special project created pursuant to R.C. 1901.26 to the treasurer of Montgomery County and to the Treasurer of State in amounts proportional to the percentage of the salaries of the municipal court judges paid by the county and by the state. (R.C. 141.04(G).)
Clerk of the municipal court
The clerk of the Montgomery County Municipal Court will be the Montgomery County Clerk of Courts. In the capacity of clerk of the municipal court, the Montgomery County Clerk of Courts will receive compensation from the county treasury in semimonthly installments at ¼ the rate that is prescribed for the clerks of courts of common pleas as determined in accordance with the population of the county and the rates set forth in R.C. 325.08 (salary schedules for clerks of courts of common pleas) and 325.18 (salary increases for county elected officials). (R.C. 1901.31(A)(1)(d).)
Criminal prosecutions
Under the act, the Montgomery County Prosecuting Attorney must prosecute in the Montgomery County Municipal Court all felony, misdemeanor, and traffic violations arising in the unincorporated townships of Jefferson, Jackson, Perry, and Clay and all felony violations of state law and all violations involving a state or county agency arising within the jurisdiction of the court. All other violations arising in the territory of the Montgomery County Municipal Court must be prosecuted by the village solicitor, city director of law, or similar chief legal officer for each municipal corporation within the territory of the court. (R.C. 1901.34(B).)
Transition provisions
The act provides that all causes, executions, and other proceedings pending in the Montgomery County County Court at the close of business on the day before the effective date of the Montgomery County Municipal Court must be transferred to and proceed in the municipal court on that effective date as if originally instituted in the Montgomery County Municipal Court. Parties to those causes, judgments, executions, and proceedings may make any amendments to their pleadings that are required to conform them to the rules of the Montgomery County Municipal Court. The Clerk of the Montgomery County County Court or other custodian must transfer to the Montgomery County Municipal Court all pleadings, orders, entries, dockets, bonds, papers, records, books, exhibits, files, moneys, property, and persons that belong to, are in the possession of, or are subject to the jurisdiction of the Montgomery County County Court, or any officer of that court, at the close of business on the day before the municipal court's effective date and that pertain to those causes, judgments, executions, and proceedings. All employees of the Montgomery County County Court must be transferred to and become employees of the Montgomery County Municipal Court on the municipal court's effective date. (Section 3.)
Any additional funds that were collected by the Montgomery County County Court and paid to the Montgomery County Treasurer for deposit into either a general special projects fund or a fund established for a specific special project pursuant to R.C. 1907.24(B)(1) or that were collected by the Montgomery County County Court and paid to the Montgomery County Treasurer to computerize the court, to make available computerized legal research services, or to do both or to computerize the office of the clerk of the court pursuant to R.C. 1907.261, or for any other purpose determined by the court, must be transferred on the effective date of the Montgomery County Municipal Court into either the general special projects fund or the fund established for a specific special project for the municipal court, as provided in R.C. 1901.26(B)(1), in a separate fund pursuant to R.C. 1901.261(A)(2) and (B)(1), or into any other fund established by the court. (Section 4.)
COMMENT
1. "Marital property" means all of the following, unless it is separate property: (1) all real and personal property that currently is owned by either or both of the spouses, and all interest that either or both of the spouses has in any real or personal property, and that was acquired by either or both during the marriage, (2) generally, all income and appreciation on separate property due to the labor, monetary, or in-kind contribution of either or both of the spouses that occurred during the marriage, and (3) money that has been put into a public employee deferred compensation account during the marriage and any income derived from the investment of that money during the marriage (R.C. 3105.171(A)(3)).
2. "Separate property" means all real and personal property and any interest in real or personal property that is found by the court to be any of the following: (1) an inheritance by one spouse by bequest, devise, or descent during the marriage, (2) any real or personal property or interest in real or personal property that was acquired by one spouse before the marriage, (3) passive income and appreciation acquired from separate property by one spouse during the marriage, (4) any real or personal property or interest in real or personal property acquired by one spouse after a decree of legal separation, (5) any real or personal property or interest in real or personal property that is excluded by a valid antenuptial agreement, (6) compensation to a spouse for the spouse's personal injury, except for loss of marital earnings and compensation for expenses paid from marital assets, and (7) any gift of any real or personal property or of an interest in real or personal property that is made after the marriage and that is proven by clear and convincing evidence to have been given to only one spouse (R.C. 3105.171(A)(6)).
3. "Distributive award" means any payment or payments, in real or personal property, that are payable in a lump sum or over time, in fixed amounts, that are made from separate property or income, and that are not made from marital property and do not constitute payments of spousal support (R.C. 3105.171(A)(1)).
4. R.C. 1901.34(A), not in the act, provides that, except as described in the following two paragraphs, the village solicitor, city director of law, or similar chief legal officer for each municipal corporation within the territory of a municipal court must prosecute all cases brought before the municipal court for criminal offenses occurring within the municipal corporation for which that person is the solicitor, director of law, or similar chief legal officer. Except as described in the following paragraph, the village solicitor, city director of law, or similar chief legal officer of the municipal corporation in which a municipal court is located must prosecute all criminal cases brought before the court arising in the unincorporated areas within the territory of the municipal court.
The Auglaize County, Brown County, Clermont County, Hocking County, Holmes County, Jackson County, Morrow County, Ottawa County, and Portage County prosecuting attorneys must prosecute in municipal court all violations of state law arising in their respective counties. The Carroll County, Crawford County, Hamilton County, Madison County, and Wayne County prosecuting attorneys and beginning January 1, 2008, the Erie County prosecuting attorney must prosecute all violations of state law arising within the unincorporated areas of their respective counties. The Columbiana County prosecuting attorney must prosecute in the Columbiana County Municipal Court all violations of state law arising in the county, except for violations arising in the municipal corporation of East Liverpool, Liverpool Township, or St. Clair Township. The Darke County prosecuting attorney must prosecute in the Darke County Municipal Court all violations of state law arising in the county, except for violations of state law arising in the municipal corporation of Greenville and violations of state law arising in the village of Versailles. The Greene County Board of County Commissioners may provide for the prosecution of all violations of state law arising within the territorial jurisdiction of any municipal court located in Greene County.
The prosecuting attorney of any county, other than Auglaize, Brown, Clermont, Hocking, Holmes, Jackson, Morrow, Ottawa, or Portage County, may enter into an agreement with any municipal corporation in the county in which the prosecuting attorney serves pursuant to which the prosecuting attorney prosecutes all criminal cases brought before the municipal court that has territorial jurisdiction over that municipal corporation for criminal offenses occurring within the municipal corporation. The prosecuting attorney of Auglaize, Brown, Clermont, Hocking, Holmes, Jackson, Morrow, Ottawa, or Portage County may enter into an agreement with any municipal corporation in the county in which the prosecuting attorney serves pursuant to which the respective prosecuting attorney prosecutes all cases brought before the Auglaize County, Brown County, Clermont County, Hocking County, Holmes County, Jackson County, Morrow County, Ottawa County, or Portage County Municipal Court for violations of the ordinances of the municipal corporation or for criminal offenses other than violations of state law occurring within the municipal corporation. (R.C. 1901.34(B) and (D), not in the act.)
5. R.C. 1901.30, not in the act, provides that appeals from the municipal court may be taken to the court of appeals in accordance with the Rules of Appellate Procedure and any relevant sections of the Revised Code, including, but not limited to, R.C. Chapter 2505. to the extent it is not in conflict with those rules. When an appeal is taken from the municipal court, the clerk of the municipal court must transmit, pursuant to the Rules of Appellate Procedure, the record on appeal to the clerk of the appellate court to be filed. In all appeal proceedings relating to judgments or orders of a municipal court, the reviewing courts must take judicial notice of all rules relating to pleadings, practice, or procedure of the municipal court.
R.C. 1907.30, not in the act, provides that appeals from the final judgments of a county court may be taken to the court of appeals for the county in which the judgment was rendered.
HISTORY
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ACTION |
DATE |
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Introduced |
06-23-09 |
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Reported, H. Judiciary |
10-28-09 |
|
Passed House (98-0) |
11-18-09 |
|
Reported, S. Judiciary - Civil Justice |
03-11-10 |
|
Passed Senate (33-0) |
05-25-10 |
|
House concurred in Senate amendments (96-0) |
05-27-10 |
10-hb238-128.docx/kl