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|
As Passed by the Senate
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 444 |
REPRESENTATIVES TAYLOR-BENDER-METELSKY-GARCIA-LEWIS-OPFER-CAREY-
SENATORS LATELL-BLESSING-LATTA-MUMPER
A BILL
To amend sections 2301.02 and 2301.03 and to enact section 2101.022 of the
Revised Code to add two judges to
the Lorain County Court of Common Pleas, one to be
elected to the Division of
Domestic Relations of that Court; to create the Domestic
Relations-Juvenile-Probate Division of the Marion County Court of Common
Pleas,
add one judge to the Marion County Court of Common Pleas to be elected to that
Division in 1998, grant that Division jurisdiction over all juvenile and
domestic matters and, on and after February 9, 2003, concurrent jurisdiction
over all probate matters, and, on and after February 9, 2003, grant the judge
of the Probate Division of the Marion County Court of Common Pleas who is
elected in 2002 concurrent jurisdiction with the judge of the Domestic
Relations-Juvenile-Probate Division of that Court over all juvenile, domestic,
and probate matters; and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2301.02 and 2301.03 be amended and section 2101.022
of the Revised Code be enacted to
read as follows:
Sec. 2101.022. (A) EXCEPT AS PROVIDED
IN DIVISION (B) OF THIS SECTION AND
NOTWITHSTANDING ANY PROVISION OF THIS CHAPTER OR OF ANY OTHER PROVISION OF THE
REVISED CODE,
ON AND AFTER FEBRUARY 9, 2003, THE JUDGE OF
THE PROBATE DIVISION OF THE COURT OF COMMON PLEAS OF
MARION COUNTY WHO IS ELECTED IN 2002 PURSUANT
TO SECTION 2101.02 OF THE REVISED CODE TO FILL THE OFFICE OF
THE JUDGE OF THE
PROBATE DIVISION OF THE COURT OF COMMON PLEAS OF
MARION COUNTY WHOSE TERM EXPIRES ON
FEBRUARY 8, 2003, AND SUCCESSORS TO THAT
JUDGE, SHALL HAVE ALL THE POWERS RELATING TO THE DOMESTIC
RELATIONS-JUVENILE-PROBATE DIVISION OF THE COURT OF COMMON PLEAS OF
MARION COUNTY, AS ESTABLISHED PURSUANT TO
DIVISION (Z)(1) OF SECTION 2301.03 OF THE
REVISED CODE,
IN ADDITION TO THE POWERS RELATING TO THE PROBATE DIVISION OF THAT COURT, AND
SHALL EXERCISE CONCURRENT JURISDICTION WITH THE JUDGE OF THE DOMESTIC
RELATIONS-JUVENILE-PROBATE DIVISION OF THE COURT OF COMMON PLEAS OF
MARION COUNTY OVER ALL MATTERS THAT ARE WITHIN
THE JURISDICTION OF THE PROBATE DIVISION OF THAT COURT UNDER
CHAPTER 2101., AND OTHER PROVISIONS, OF THE
REVISED CODE
AND ALL MATTERS THAT ARE WITHIN THE JURISDICTION OF THE DOMESTIC RELATIONS-
JUVENILE-PROBATE DIVISION OF THAT COURT, AS SET FORTH IN DIVISION
(Z)(1) OF SECTION 2301.03 OF THE
REVISED CODE.
(B) ON AND AFTER
FEBRUARY 9, 2003, THE JUDGE OF THE COURT OF
COMMON PLEAS OF MARION COUNTY WHO IS TO SERVE
AS THE CLERK OF THE PROBATE DIVISION OF THE COURT OF COMMON PLEAS OF
MARION COUNTY SHALL BE DETERMINED AS PROVIDED
IN DIVISION (Z)(2) OF SECTION 2301.03 OF THE
REVISED CODE.
Sec. 2301.02. The number of judges of the court of common
pleas for each county, the time for the next election of the
judges in the several counties, and the beginning of their terms
shall be as follows:
(A) In Adams, Ashland, Fayette, and Pike counties, one
judge, elected in 1956, term to begin February 9, 1957;
In Brown, Crawford, Defiance, Highland, Holmes, Morgan,
Ottawa, and Union counties, one judge, to be elected in 1954,
term to begin February 9, 1955;
In Auglaize county, one judge, to be elected in 1956, term
to begin January 9, 1957;
In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,
Jackson, Knox, Logan, Madison, Mercer, Monroe, Morrow, Paulding,
Vinton, and Wyandot counties, one judge, to be elected in 1956,
term to begin January 1, 1957;
In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway,
Preble, Shelby, Van Wert, and Williams counties, one judge, to be
elected in 1952, term to begin January 1, 1953;
In Harrison and Noble counties, one judge, to be elected in
1954, term to begin April 18, 1955;
In Henry and Putnam counties, one judge, to be elected in
1956, term to begin May 9, 1957;
In Huron county, one judge, to be elected in 1952, term to
begin May 14, 1953;
In Perry county, one judge, to be elected in 1954, term to
begin July 6, 1956;
In Sandusky county, two judges, one to be elected in 1954,
term to begin February 10, 1955, and one to be elected in 1978,
term to begin January 1, 1979;
(B) In Allen county, three judges, one to be elected in
1956, term to begin February 9, 1957, the second to be elected in
1958, term to begin January 1, 1959, and the third to be elected
in 1992, term to begin January 1, 1993;
In Ashtabula county, three judges, one to be elected in
1954, term to begin February 9, 1955, one to be elected in 1960,
term to begin January 1, 1961, and one to be elected in 1978,
term to begin January 2, 1979;
In Athens county, two judges, one to be elected in 1954,
term to begin February 9, 1955, and one to be elected in 1990,
term to begin July 1, 1991;
In Erie county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and the second to be elected in 1970,
term to begin January 2, 1971;
In Fairfield county, three judges, one to be elected in
1954, term to begin February 9, 1955, the second to be elected in
1970, term to begin January 1, 1971, and the third to be elected
in 1994, term to begin January 2, 1995;
In Geauga county, two judges, one to be elected in 1956,
term to begin January 1, 1957, and the second to be elected in
1976, term to begin January 1, 1977;
In Greene county, four judges, one to be elected in 1956,
term to begin February 9, 1957, the second to be elected in 1960,
term to begin January 1, 1961, the third to be elected in 1978,
term to begin January 2, 1979, and the fourth to be elected in
1994, term to begin January 1, 1995;
In Hancock county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and the second to be elected in
1978, term to begin January 1, 1979;
In Lawrence county, two judges, one to be elected in 1954,
term to begin February 9, 1955, and the second to be elected in
1976, term to begin January 1, 1977;
In Marion county, two THREE judges, one to be elected in 1952,
term to begin January 1, 1953, and the second to be elected in
1976, term to begin January 2, 1977, AND THE THIRD TO BE ELECTED IN
1998, TERM TO BEGIN FEBRUARY 9, 1999;
In Medina county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1966,
term to begin January 1, 1967, and the third to be elected in
1994, term to begin January 1, 1995;
In Miami county, two judges, one to be elected in 1954,
term to begin February 9, 1955, and one to be elected in 1970,
term to begin on January 1, 1971;
In Muskingum county, two judges, one to be elected in 1968,
term to begin August 9, 1969, and one to be elected in 1978, term
to begin January 1, 1979;
In Portage county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1960,
term to begin January 1, 1961, and the third to be elected in
1986, term to begin January 2, 1987;
In Ross county, two judges, one to be elected in 1956, term
to begin February 9, 1957, and the second to be elected in 1976,
term to begin January 1, 1977;
In Scioto county, three judges, one to be elected in 1954,
term to begin February 10, 1955, the second to be elected in
1960, term to begin January 1, 1961, and the third to be elected
in 1994, term to begin January 2, 1995;
In Seneca county, two judges, one to be elected in 1956,
term to begin January 1, 1957, and the second to be elected in
1986, term to begin January 2, 1987;
In Warren county, three judges, one to be elected in 1954,
term to begin February 9, 1955, the second to be elected in 1970,
term to begin January 1, 1971, and the third to be elected in
1986, term to begin January 1, 1987;
In Washington county, two judges, one to be elected in
1952, term to begin January 1, 1953, and one to be elected in
1986, term to begin January 1, 1987;
In Wood county, three judges, one to be elected in 1968,
term beginning January 1, 1969, the second to be elected in 1970,
term to begin January 2, 1971, and the third to be elected in
1990, term to begin January 1, 1991;
In Belmont and Jefferson counties, two judges, to be
elected in 1954, terms to begin January 1, 1955, and February 9,
1955, respectively;
In Clark county, four judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in 1956,
term to begin January 2, 1957, the third to be elected in 1986,
term to begin January 3, 1987, and the fourth to be elected in
1994, term to begin January 2, 1995.
In Clermont county, four judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1964,
term to begin January 1, 1965, the third to be elected in 1982,
term to begin January 2, 1983, and the fourth to be elected in
1986, term to begin January 2, 1987;
In Columbiana county, two judges, one to be elected in
1952, term to begin January 1, 1953, and the second to be elected
in 1956, term to begin January 1, 1957;
In Delaware county, two judges, one to be elected in 1990,
term to begin February 9, 1991, the second to be elected in 1994,
term to begin January 1, 1995;
In Lake county, five judges, one to be elected in 1958,
term to begin January 1, 1959, the second to be elected in 1960,
term to begin January 2, 1961, the third to be elected in 1964,
term to begin January 3, 1965, and the fourth and fifth to be
elected in 1978, terms to begin on January 4, 1979, and January
5, 1979, respectively;
In Licking county, three judges, one to be elected in 1954,
term to begin February 9, 1955, one to be elected in 1964, term
to begin January 1, 1965, and one to be elected in 1990, term to
begin January 1, 1991;
In Lorain county, six EIGHT judges, two to be elected in 1952,
terms to begin January 1, 1953, and January 2, 1953,
respectively, one to be elected in 1958, term to begin January 3,
1959, one to be elected in 1968, term to begin January 1, 1969,
and two to be elected in 1988, terms to begin January 4, 1989,
and January 5, 1989, respectively, AND TWO TO BE ELECTED IN 1998,
TERMS TO BEGIN JANUARY 2, 1999, AND JANUARY 3, 1999,
RESPECTIVELY;
In Butler county, eight judges, one to be elected in 1956,
term to begin January 1, 1957; two to be elected in 1954, terms
to begin January 1, 1955, and February 9, 1955, respectively; one
to be elected in 1968, term to begin January 2, 1969; one to be
elected in 1986, term to begin January 3, 1987; two to be elected
in 1988, terms to begin January 1, 1989, and January 2, 1989,
respectively; and one to be elected in 1992, term to begin
January 4, 1993;
In Richland county, three judges, one to be elected in
1956, term to begin January 1, 1957, the second to be elected in
1960, term to begin February 9, 1961, and the third to be elected
in 1968, term to begin January 2, 1969;
In Tuscarawas county, two judges, one to be elected in
1956, term to begin January 1, 1957, and the second to be elected
in 1960, term to begin January 2, 1961;
In Wayne county, two judges, one to be elected in 1956,
term beginning January 1, 1957, and one to be elected in 1968,
term to begin January 2, 1969;
In Trumbull county, six judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in 1954,
term to begin January 1, 1955, the third to be elected in 1956,
term to begin January 1, 1957, the fourth to be elected in 1964,
term to begin January 1, 1965, the fifth to be elected in 1976,
term to begin January 2, 1977; and the sixth to be elected in
1994, term to begin January 3, 1995;
(C) In Cuyahoga county, thirty-nine judges; eight to be
elected in 1954, terms to begin on successive days beginning from
January 1, 1955, to January 7, 1955, and February 9, 1955,
respectively; eight to be elected in 1956, terms to begin on
successive days beginning from January 1, 1957, to January 8,
1957; three to be elected in 1952, terms to begin from January 1,
1953, to January 3, 1953; two to be elected in 1960, terms to
begin on January 8, 1961, and January 9, 1961, respectively; two
to be elected in 1964, terms to begin January 4, 1965, and
January 5, 1965, respectively; one to be elected in 1966, term to
begin on January 10, 1967; four to be elected in 1968, terms to
begin on successive days beginning from January 9, 1969, to
January 12, 1969; two to be elected in 1974, terms to begin on
January 18, 1975, and January 19, 1975, respectively; five to be
elected in 1976, terms to begin on successive days beginning
January 6, 1977, to January 10, 1977; two to be elected in 1982,
terms to begin January 11, 1983, and January 12, 1983,
respectively; and two to be elected in 1986, terms to begin
January 13, 1987, and January 14, 1987, respectively;
In Franklin county, twenty-one judges; two to be elected
in 1954, terms to begin January 1, 1955, and February 9, 1955,
respectively; four to be elected in 1956, terms to begin January
1, 1957, to January 4, 1957; four to be elected in 1958, terms to
begin January 1, 1959, to January 4, 1959; three to be elected in
1968, terms to begin January 5, 1969, to January 7, 1969; three
to be elected in 1976, terms to begin on successive days
beginning January 5, 1977, to January 7, 1977; one to be elected
in 1982, term to begin January 8, 1983; one to be elected in
1986, term to begin January 9, 1987; two to be elected in
1990, terms to begin July 1, 1991, and July 2, 1991,
respectively; and one to be elected in 1996, term to begin
January 2, 1997;
In Hamilton county, twenty-one judges; eight to be
elected in
1966, terms to begin January 1, 1967, January 2, 1967, and from
February 9, 1967, to February 14, 1967, respectively; five to be
elected in 1956, terms to begin from January 1, 1957, to January
5, 1957; one to be elected in 1964, term to begin January 1,
1965; one to be elected in 1974, term to begin January 15, 1975;
one to be elected in 1980, term to begin January 16, 1981; two to
be elected at large in the general election in 1982, terms to
begin April 1, 1983; one to be elected in 1990, term to begin
July 1, 1991; and two to be elected in 1996, terms to begin
January 3, 1997, and January 4, 1997, respectively;
In Lucas county, fourteen judges; two to be elected in
1954, terms to begin January 1, 1955, and February 9, 1955,
respectively; two to be elected in 1956, terms to begin January
1, 1957, and October 29, 1957, respectively; two to be elected in
1952, terms to begin January 1, 1953, and January 2, 1953,
respectively; one to be elected in 1964, term to begin January 3,
1965; one to be elected in 1968, term to begin January 4, 1969;
two to be elected in 1976, terms to begin January 4, 1977, and
January 5, 1977, respectively; one to be elected in 1982, term to
begin January 6, 1983; one to be elected in 1988, term to begin
January 7, 1989; one to be elected in 1990, term to begin January
2, 1991; and one to be elected in 1992, term to begin January 2,
1993;
In Mahoning county, seven judges; three to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, and
February 9, 1955, respectively; one to be elected in 1956, term
to begin January 1, 1957; one to be elected in 1952, term to
begin January 1, 1953; one to be elected in 1968, term to begin
January 2, 1969; and one to be elected in 1990, term to begin
July 1, 1991;
In Montgomery county, fifteen judges; three to be elected
in 1954, terms to begin January 1, 1955, January 2, 1955, and
January 3, 1955, respectively; four to be elected in 1952, terms
to begin January 1, 1953, January 2, 1953, July 1, 1953, July 2,
1953, respectively; one to be elected in 1964, term to begin
January 3, 1965; one to be elected in 1968, term to begin January
3, 1969; three to be elected in 1976, terms to begin on
successive days beginning January 4, 1977, to January 6, 1977;
two to be elected in 1990, terms to begin July 1, 1991, and July
2, 1991, respectively; and one to be elected in 1992, term to
begin January 1, 1993.
In Stark county, eight judges; one to be elected in 1958,
term to begin on January 2, 1959; two to be elected in 1954,
terms to begin on January 1, 1955, and February 9, 1955,
respectively; two to be elected in 1952, terms to begin January
1, 1953, and April 16, 1953, respectively; one to be elected in
1966, term to begin on January 4, 1967; and two to be elected in
1992, terms to begin January 1, 1993, and January 2, 1993,
respectively;
In Summit county, eleven judges; four to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, January 3,
1955, and February 9, 1955, respectively; three to be elected in
1958, terms to begin January 1, 1959, January 2, 1959, and May
17, 1959, respectively; one to be elected in 1966, term to begin
January 4, 1967; one to be elected in 1968, term to begin January
5, 1969; one to be elected in 1990, term to begin May 1, 1991;
and one to be elected in 1992, term to begin January 6, 1993.
Notwithstanding the foregoing provisions, in any county
having two or more judges of the court of common pleas, in which
more than one-third of the judges plus one were previously
elected at the same election, if the office of one of those
judges so elected becomes vacant more than forty days prior to
the second general election preceding the expiration of that
judge's term, the office that that judge had filled shall be
abolished as of the date of the next general election, and a new
office of judge of the court of common pleas shall be created. The judge who
is to fill that new office shall be elected for a
six-year term at the next general election, and the term
of that judge shall commence on the first day of the year following
that general
election, on which day no other judge's term begins so that the
number of judges which such county shall elect shall not be
reduced.
Judges of the probate division of the court of common pleas
are judges of the court of common pleas, but shall be elected
pursuant to sections 2101.02 and 2101.021 of the Revised Code,
except in Adams, Harrison, Henry, Morgan, Morrow, Noble, and
Wyandot counties in which the judge of the court of common pleas
elected pursuant to this section shall also serve as judge of the
probate division.
Sec. 2301.03. (A) In Franklin county, the judges of the
court of common pleas whose terms begin on January 1, 1953,
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 1997, and
successors, shall have the same qualifications, exercise the same
powers and jurisdiction, and receive the same compensation as
other judges of the court of common pleas of Franklin county and
shall be elected and designated as judges of the court of common
pleas, division of domestic relations. They shall have all the
powers relating to juvenile courts, and all cases under Chapter
2151. of the Revised Code, all parentage proceedings under
Chapter 3111. of the Revised Code over which the juvenile court
has jurisdiction, and all divorce, dissolution of marriage, legal
separation, and annulment cases shall be assigned to them. In
addition to the judge's regular duties, the judge who is
senior in point
of service shall serve on the children services board and the
county advisory board and shall be the administrator of the
domestic relations division and its subdivisions and departments.
(B)(1) In Hamilton county, the judge of the court of
common pleas, whose term begins on January 1, 1957, and
successors, and the judge of the court of common pleas, whose
term begins on February 14, 1967, and successors, shall be the
juvenile judges as provided in Chapter 2151. of the Revised Code,
with the powers and jurisdiction conferred by that chapter.
(2) The judges of the court of common pleas whose terms
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and
successors, shall be elected and designated as judges of the
court of common pleas, division of domestic relations, and shall
have assigned to them all divorce, dissolution of marriage, legal
separation, and annulment cases coming before the court. On or
after the first day of July and before the first day of August of
1991 and each year thereafter, a majority of the judges of the
division of domestic relations shall elect one of the judges of
the division as administrative judge of that division. If a
majority of the judges of the division of domestic relations are
unable for any reason to elect an
administrative judge for the division before the first day of
August, a majority of the judges of the Hamilton
county court of common pleas, as soon as possible after that
date, shall elect one of the judges of the division of domestic
relations as administrative judge of that division. The term of
the administrative judge shall begin on the earlier of the first
day of August of the year in which the administrative judge
is elected or
the date on which the administrative judge is elected by a
majority of the
judges of the Hamilton
county court of common pleas and shall terminate on the date on
which the administrative judge's successor is elected in the
following
year.
In addition to the judge's regular duties, the
administrative judge
of the division of domestic relations shall be the administrator
of the domestic relations division and its subdivisions and
departments and shall have charge of the employment, assignment,
and supervision of the personnel of the division engaged in
handling, servicing, or investigating divorce, dissolution of
marriage, legal separation, and annulment cases, including any
referees considered necessary by the judges in the discharge of
their various duties.
The administrative judge of the division of domestic
relations also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division, and shall fix the duties of its
personnel. The duties of the personnel, in addition to those
provided for in other sections of the Revised Code, shall include
the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases
and counseling and conciliation services that may be made
available to persons requesting them, whether or not the persons
are parties to an action pending in the division.
The board of county commissioners shall appropriate the sum
of money each year as will meet all the administrative expenses
of the division of domestic relations, including reasonable
expenses of the domestic relations judges and the division
counselors and other employees designated to conduct the
handling, servicing, and investigation of divorce, dissolution of
marriage, legal separation, and annulment cases, conciliation and
counseling, and all matters relating to those cases and
counseling, and the expenses involved in the attendance of
division personnel at domestic relations and welfare conferences
designated by the division, and the further sum each year as will
provide for the adequate operation of the division of domestic
relations.
The compensation and expenses of all employees and the
salary and expenses of the judges shall be paid by the county
treasurer from the money appropriated for the operation of the
division, upon the warrant of the county auditor, certified to by
the administrative judge of the division of domestic relations.
The summonses, warrants, citations, subpoenas, and other
writs of the division may issue to a bailiff, constable, or staff
investigator of the division or to the sheriff of any county or
any marshal, constable, or police officer, and the provisions of
law relating to the subpoenaing of witnesses in other cases shall
apply insofar as they are applicable. When a summons, warrant,
citation, subpoena, or other writ is issued to an officer, other
than a bailiff, constable, or staff investigator of the division,
the expense of serving it shall be assessed as a part of the
costs in the case involved.
(3) The judge of the court of common pleas of
Hamilton County whose term begins on
January 3, 1997, shall be elected and
designated for one term only as the drug court judge of the court of common
pleas of
Hamilton County, and the successors to that judge shall be elected
and designated as judges of the general division of the court of common pleas
of Hamilton county and shall not have the
authority granted by division (B)(3) of this
section. The drug court judge may accept or reject any case referred to the
drug court judge under division (B)(3) of this
section. After the drug court judge accepts a referred case, the drug court
judge has full authority over the case, including the authority to
conduct arraignment, accept pleas, enter findings and dispositions, conduct
trials, order treatment, and if treatment is not successfully completed
pronounce and enter sentence.
A judge of the general division of the court of common pleas of
Hamilton County and a judge of the
Hamilton County municipal court may refer to
the drug court judge any case, and any companion cases, the judge determines
meet the criteria described under divisions
(B)(3)(a) and
(b) of this section. If the drug court judge accepts
referral of a referred case, the case, and any companion cases, shall be
transferred
to the drug court judge. A judge may refer a case meeting the criteria
described in divisions (B)(3)(a)
and (b) of this section that involves a violation of
a term of probation to the drug court judge, and, if the drug court judge
accepts
the referral, the referring judge and the drug court judge have
concurrent jurisdiction over the case.
A judge of the general division of the court of common pleas of
Hamilton County and a judge of the Hamilton County municipal
court may refer a case to the drug court judge under division (B)(3)
of this section if the judge determines that both of the following apply:
(a) One of the following applies:
(i) The case involves a drug abuse offense, as defined in section
2925.01 of the Revised
Code, that is a felony of the third or fourth
degree if the offense is committed prior to July 1, 1996, a felony of
the third, fourth, or fifth degree if the offense is committed on or after
July 1, 1996, or a misdemeanor.
(ii) The case involves a theft offense, as defined in section
2913.01 of the Revised
Code, that is a felony of the third or fourth
degree if the offense is committed prior to July 1, 1996, a felony of
the third, fourth, or fifth degree if the offense is committed on or after
July 1, 1996, or a misdemeanor, and the defendant is drug or alcohol
dependent or in danger of becoming drug or alcohol dependent and would benefit
from treatment.
(b) All of the following apply:
(i) The case involves a probationable offense or a case in which
a mandatory prison term is not required to be imposed.
(ii) The defendant has no history of violent behavior.
(iii) The defendant has no history of mental illness.
(iv) The defendant's current or past behavior, or both, is drug
or alcohol driven.
(v) The defendant demonstrates a sincere willingness to
participate in a fifteen-month treatment process.
(vi) The defendant has no acute health condition.
(vii) If the defendant is incarcerated, the county prosecutor
approves of the referral.
(4) If the administrative judge of the court of common pleas of
Hamilton county determines that the volume of cases pending before
the drug court judge does not constitute a sufficient caseload for the drug
court judge, the administrative judge, in accordance with the Rules
of Superintendence for Courts of Common
Pleas, shall assign individual cases to the drug court judge from the
general docket of the court. If the assignments so occur, the administrative
judge shall cease the assignments when the administrative judge determines
that the volume of cases pending before the drug court judge constitutes a
sufficient caseload for the drug court judge.
(C) In Lorain county, the judges of the court of common
pleas whose terms begin on January 3, 1959, and January 4, 1989, AND
JANUARY 2, 1999,
and successors, shall have the same qualifications, exercise the
same powers and jurisdiction, and receive the same compensation
as the other judges of the court of common pleas of Lorain county
and shall be elected and designated as the judges of the court of
common pleas, division of domestic relations. They shall have
all of the powers relating to juvenile courts, and all cases
under Chapter 2151. of the Revised Code, all parentage
proceedings over which the juvenile court has jurisdiction, and
all divorce, dissolution of marriage, legal separation, and
annulment cases shall be assigned to them, except in any cases
that for some special reason are assigned to some other judge of
the court of common pleas.
(D)(1) In Lucas county, the judges of the court of common
pleas whose terms begin on January 1, 1955, and January 3, 1965,
and successors, shall have the same qualifications, exercise the
same powers and jurisdiction, and receive the same compensation
as other judges of the court of common pleas of Lucas county and
shall be elected and designated as judges of the court of common
pleas, division of domestic relations. All divorce, dissolution
of marriage, legal separation, and annulment cases shall be
assigned to them.
The judge of the division of domestic relations, senior in
point of service, shall be considered as the presiding judge of
the court of common pleas, division of domestic relations, and
shall be charged exclusively with the assignment and division of
the work of the division and the employment and supervision of
all other personnel of the domestic relations division.
(2) The judges of the court of common pleas whose terms
begin on January 5, 1977, and January 2, 1991, and successors
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of the court of common pleas of Lucas county, shall be elected
and designated as judges of the court of common pleas, juvenile
division, and shall be the juvenile judges as provided in Chapter
2151. of the Revised Code with the powers and jurisdictions
conferred by that chapter. In addition to the judge's
regular duties,
the judge of the court of common pleas, juvenile division, senior
in point of service, shall be the administrator of the juvenile
division and its subdivisions and departments and shall have
charge of the employment, assignment, and supervision of the
personnel of the division engaged in handling, servicing, or
investigating juvenile cases, including any referees considered
necessary by the judges of the division in the discharge of their
various duties.
The judge of the court of common pleas, juvenile division,
senior in point of service, also shall designate the title,
compensation, expense allowance, hours, leaves of absence, and
vacation of the personnel of the division and shall fix the
duties of the personnel of the division. The duties of the
personnel, in addition to other statutory duties include the
handling, servicing, and investigation of juvenile cases and
counseling and conciliation services that may be made available
to persons requesting them, whether or not the persons are
parties to an action pending in the division.
(3) If one of the judges of the court of common pleas,
division of domestic relations, or one of the judges of the
juvenile division is sick, absent, or unable to perform that
judge's judicial duties or the volume of cases pending in
that
judge's division necessitates it, the duties shall be performed by the
judges of
the other of those divisions.
(E)(1) In Mahoning county, the judge of the court of
common pleas whose term began on January 1, 1955, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of the court of common pleas of Mahoning county, shall be elected
and designated as judge of the court of common pleas, division of
domestic relations, and shall be assigned all
the
divorce, dissolution of marriage, legal separation, and annulment
cases coming before the court. In addition to the judge's
regular duties, the judge of the court of common pleas, division of
domestic relations, shall be the administrator of the domestic
relations division and its subdivisions and departments and shall
have charge of the employment, assignment, and supervision of the
personnel of the division engaged in handling, servicing, or
investigating divorce, dissolution of marriage, legal separation,
and annulment cases, including any referees considered necessary
in the discharge of the various duties of the judge's
office.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases and counseling and
conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division.
(2) The judge of the court of common pleas whose term
began on January 2, 1969, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Mahoning county, shall be elected and designated
as judge of court of common pleas, juvenile division, and shall
be the juvenile judge as provided in Chapter 2151. of the Revised
Code, with the powers and jurisdictions conferred by that
chapter. In addition to the judge's regular duties, the
judge of the
court of common pleas, juvenile division, shall be the
administrator of the juvenile division and its subdivisions and
departments and shall have charge of the employment, assignment,
and supervision of the personnel of the division engaged in
handling, servicing, or investigating juvenile cases, including
any referees considered necessary by the judge in the discharge
of the judge's various duties.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of juvenile cases and counseling and
conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division.
(3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties, or the
volume of cases
pending in that judge's division necessitates it,
that judge's duties shall be performed by
another judge of the court of common pleas.
(F)(1) In Montgomery county, the judges of the court of
common pleas whose terms begin on January 2, 1953, and January 4,
1977, and successors, shall have the same qualifications,
exercise the same powers and jurisdiction, and receive the same
compensation as other judges of the court of common pleas of
Montgomery county and shall be elected and designated as judges
of the court of common pleas, division of domestic relations.
These judges shall have assigned to them all divorce, dissolution
of marriage, legal separation, and annulment cases.
The judge of the division of domestic relations, senior in
point of service, shall be charged exclusively with the
assignment and division of the work of the division and shall
have charge of the employment and supervision of the personnel of
the division engaged in handling, servicing, or investigating
divorce, dissolution of marriage, legal separation, and annulment
cases, including any necessary referees, except those employees
who may be appointed by the judge, junior in point of service,
under this section and sections 2301.12, 2301.18, and 2301.19 of
the Revised Code. The judge of the division of domestic
relations, senior in point of service, also shall designate the
title, compensation, expense allowances, hours, leaves of
absence, and vacation of the personnel of the division and shall
fix their duties.
(2) The judges of the court of common pleas whose terms
begin on January 1, 1953, and January 1, 1993, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of the court of common pleas of Montgomery county, shall be
elected and designated as judges of the court of common pleas,
juvenile division, and shall be, and have the powers and
jurisdiction of, the juvenile judge as provided in Chapter 2151.
of the Revised Code.
In addition to the judge's regular duties, the judge of the
court
of common pleas, juvenile division, senior in point of service,
shall be the administrator of the juvenile division and its
subdivisions and departments and shall have charge of the
employment, assignment, and supervision of the personnel of the
juvenile division, including any necessary referees, who are
engaged in handling, servicing, or investigating juvenile cases.
The judge, senior in point of service, also shall designate the
title, compensation, expense allowances, hours, leaves of
absence, and vacation of the personnel of the division and shall
fix their duties. The duties of the personnel, in addition to
other statutory duties, shall include the handling, servicing,
and investigation of juvenile cases and of any counseling and
conciliation services that are available upon request to persons,
whether or not they are parties to an action pending in the
division.
If one of the judges of the court of common pleas, division
of domestic relations, or one of the judges of the court of
common pleas, juvenile division, is sick, absent, or unable to
perform that judge's duties or the volume of cases pending
in
that judge's division necessitates it, the duties of that
judge may be performed by the
judge or judges of the other of those divisions.
(G) In Richland county, the judge of the court of common
pleas whose term begins on January 1, 1957, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Richland county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. That judge shall have all of
the powers
relating to juvenile courts, and all cases under Chapter 2151. of
the Revised Code, all parentage proceedings over which the
juvenile court has jurisdiction, and all divorce, dissolution of
marriage, legal separation, and annulment cases shall be assigned
to that judge, except in cases that for some special reason
are assigned
to some other judge of the court of common pleas.
(H) In Stark county, the judges of the court of common
pleas whose terms begin on January 1, 1953, January 2, 1959, and
January 1, 1993, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Stark county and shall be elected and designated
as judges of the court of common pleas, division of domestic
relations. They shall have all the powers relating to juvenile
courts, and all cases under Chapter 2151. of the Revised Code,
all parentage proceedings over which the juvenile court has
jurisdiction, and all divorce, dissolution of marriage, legal
separation, and annulment cases, except cases that are assigned
to some other judge of the court of common pleas for some special
reason, shall be assigned to the judges.
The judge of the division of domestic relations, second
most senior in point of service, shall have charge of the
employment and supervision of the personnel of the division
engaged in handling, servicing, or investigating divorce,
dissolution of marriage, legal separation, and annulment cases,
and necessary referees required for the judge's respective
court.
The judge of the division of domestic relations, senior in
point of service, shall be charged exclusively with the
administration of sections 2151.13, 2151.16, 2151.17, and 2151.18
of the Revised Code and with the assignment and division of the
work of the division and the employment and supervision of all
other personnel of the division, including, but not limited to,
that judge's necessary referees, but excepting those
employees who may be
appointed by the judge second most senior in point of service. The senior
judge further shall serve in every
other position in which the statutes permit or require a
juvenile judge to serve.
(I) In Summit county:
(1) The judges of the court of common pleas whose terms
begin on January 4, 1967, and January 6, 1993, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of the court of common pleas of Summit county and shall be
elected and designated as judges of the court of common pleas,
division of domestic relations. The judges of the division of
domestic relations shall have assigned to them and hear all
divorce, dissolution of marriage, legal separation, and annulment
cases that come before the court.
The judge of the division of domestic relations, senior in
point of service, shall be the administrator of the domestic
relations division and its subdivisions and departments and shall
have charge of the employment, assignment, and supervision of the
personnel of the division, including any necessary referees, who
are engaged in handling, servicing, or investigating divorce,
dissolution of marriage, legal separation, and annulment cases.
That judge also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, shall
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases
and of any counseling and conciliation services that are
available upon request to all persons, whether or not they are
parties to an action pending in the division.
(2) The judge of the court of common pleas whose term
begins on January 1, 1955, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Summit county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be, and have the powers and jurisdiction of, the juvenile judge
as provided in Chapter 2151. of the Revised Code.
The juvenile judge shall be the administrator of the
juvenile division and its subdivisions and departments and shall
have charge of the employment, assignment, and supervision of the
personnel of the juvenile division, including any necessary
referees, who are engaged in handling, servicing, or
investigating juvenile cases. The judge also shall designate the
title, compensation, expense allowances, hours, leaves of
absence, and vacation of the personnel of the division and shall
fix their duties. The duties of the personnel, in addition to
other statutory duties, shall include the handling, servicing,
and investigation of juvenile cases and of any counseling and
conciliation services that are available upon request to persons,
whether or not they are parties to an action pending in the
division.
(J) In Trumbull county, the judges of the court of common
pleas whose terms begin on January 1, 1953, and January 2, 1977,
and successors, shall have the same qualifications, exercise the
same powers and jurisdiction, and receive the same compensation
as other judges of the court of common pleas of Trumbull county
and shall be elected and designated as judges of the court of
common pleas, division of domestic relations. They shall have
all the powers relating to juvenile courts, and all cases under
Chapter 2151. of the Revised Code, all parentage proceedings over
which the juvenile court has jurisdiction, and all divorce,
dissolution of marriage, legal separation, and annulment cases
shall be assigned to them, except cases that for some special
reason are assigned to some other judge of the court of common
pleas.
(K) In Butler county:
(1) The judges of the court of common pleas whose terms
begin on January 1, 1957, and January 4, 1993, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of the court of common pleas of Butler county and shall be
elected and designated as judges of the court of common pleas,
division of domestic relations. The judges of the division of
domestic relations shall have assigned to them all divorce,
dissolution of marriage, legal separation, and annulment cases
coming before the court, except in cases that for some special
reason are assigned to some other judge of the court of common
pleas. The judge senior in point of service shall be charged
with the assignment and division of the work of the division and
with the employment and supervision of all other personnel of the
domestic relations division.
The judge senior in point of service also shall designate
the title, compensation, expense allowances, hours, leaves of
absence, and vacations of the personnel of the division and shall
fix their duties. The duties of the personnel, in addition to
other statutory duties, shall include the handling, servicing,
and investigation of divorce, dissolution of marriage, legal
separation, and annulment cases and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(2) The judge of the court of common pleas whose term
begins on January 3, 1987, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Butler county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be the juvenile judge as provided in Chapter 2151. of the Revised
Code, with the powers and jurisdictions conferred by that
chapter. The judge of the court of common pleas, juvenile
division, shall be the administrator of the juvenile division and
its subdivisions and departments. The judge shall have charge of
the employment, assignment, and supervision of the personnel of
the juvenile division who are engaged in handling, servicing, or
investigating juvenile cases, including any referees whom the
judge considers necessary for the discharge of the judge's
various duties.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, include
the handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons
are parties to an action pending in the division, who request the
services.
(3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties or the volume
of cases
pending in
the judge's division necessitates it, the duties of that judge
shall be performed by the other judges of the domestic relations
and juvenile divisions.
(L)(1) In Cuyahoga county, the judges of the court of
common pleas whose terms begin on January 8, 1961, January 9,
1961, January 18, 1975, January 19, 1975, and January 13, 1987,
and successors, shall have the same qualifications, exercise the
same powers and jurisdiction, and receive the same compensation
as other judges of the court of common pleas of Cuyahoga county
and shall be elected and designated as judges of the court of
common pleas, division of domestic relations. They shall have
all the powers relating to all divorce, dissolution of marriage,
legal separation, and annulment cases, except in cases that are
assigned to some other judge of the court of common pleas for
some special reason.
(2) The administrative judge is administrator of the
domestic relations division and its subdivisions and departments
and has the following powers concerning division personnel:
(a) Full charge of the employment, assignment, and
supervision;
(b) Sole determination of compensation, duties, expenses,
allowances, hours, leaves, and vacations.
(3) "Division personnel" include persons employed or
referees engaged in hearing, servicing, investigating,
counseling, or conciliating divorce, dissolution of marriage,
legal separation and annulment matters.
(M) In Lake county:
(1) The judge of the court of common pleas whose term
begins on January 2, 1961, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Lake county and shall be elected and designated
as judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all
the divorce,
dissolution of marriage, legal separation, and annulment cases
coming before the court, except in cases that for some special
reason are assigned to some other judge of the court of common
pleas. The judge shall be charged with the assignment and
division of the work of the division and with the employment and
supervision of all other personnel of the domestic relations
division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the personnel of the division and shall fix their duties. The
duties of the personnel, in addition to other statutory duties,
shall include the handling, servicing, and investigation of
divorce, dissolution of marriage, legal separation, and annulment
cases and providing any counseling and conciliation services that
the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services.
(2) The judge of the court of common pleas whose term
begins on January 4, 1979, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Lake county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be the juvenile judge as provided in Chapter 2151. of the Revised
Code, with the powers and jurisdictions conferred by that
chapter. The judge of the court of common pleas, juvenile
division, shall be the administrator of the juvenile division and
its subdivisions and departments. The judge shall have charge of
the employment, assignment, and supervision of the personnel of
the juvenile division who are engaged in handling, servicing, or
investigating juvenile cases, including any referees whom the
judge considers necessary for the discharge of the judge's
various duties.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, include
the handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons
are parties to an action pending in the division, who request the
services.
(3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties or the volume
of cases
pending in
the judge's division necessitates it, the duties of that judge
shall be performed by the other judges of the domestic relations
and juvenile divisions.
(N) In Erie county, the judge of the court of common pleas
whose term begins on January 2, 1971, and successors, shall have
the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judge of the court of common pleas of Erie county and shall be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall have all the
powers relating to juvenile courts, and shall be assigned all cases
under
Chapter 2151. of the Revised Code, parentage proceedings over which the
juvenile
court has jurisdiction, and divorce, dissolution of marriage,
legal separation, and annulment cases, except cases that for some special
reason are assigned to some
other judge.
(O) In Greene county:
(1) The judge of the court of common pleas whose term
begins on January 1, 1961, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Greene county and shall be elected and designated
as the judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all
divorce, dissolution of marriage, legal separation, annulment, uniform
reciprocal support enforcement, and domestic violence cases and
all other cases related to domestic relations, except cases that
for some special reason are assigned to some other judge of the
court of common pleas.
The judge shall be charged with the assignment and division
of the work of the division and with the employment and
supervision of all other personnel of the
division. The judge also shall designate the title,
compensation,
hours, leaves of absence, and vacations of the personnel of the
division and shall fix their duties. The duties of the personnel
of the division, in addition to other statutory duties, shall
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases
and the provision of counseling and conciliation services that
the division considers necessary and makes available to persons
who request the services, whether or not the persons are parties
in an action pending in the division. The compensation for the
personnel shall be paid from the overall court budget and shall
be included in the appropriations for the existing judges of the
general division of the court of common pleas.
(2) The judge of the court of common pleas whose term
begins on January 1, 1995, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Greene county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and, on or
after January 1, 1995, shall be the juvenile judge as provided in
Chapter 2151. of the Revised Code with the powers and
jurisdiction conferred by that chapter. The judge of the court
of common pleas, juvenile division, shall be the administrator of
the juvenile division and its subdivisions and departments. The
judge shall have charge of the employment, assignment, and
supervision of the personnel of the juvenile division who are
engaged in handling, servicing, or investigating juvenile cases,
including any referees whom the judge considers necessary for the
discharge of the judge's various duties.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, include
the handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the court
makes available to persons, whether or not the persons are
parties to an action pending in the court, who request the
services.
(3) If one of the judges of the court of common pleas,
general division, is sick, absent, or unable to perform that
judge's judicial duties or the volume of cases pending in the general
division
necessitates it, the duties of that judge of the general division
shall be performed by the judge of the division of domestic
relations and the judge of the juvenile division.
(P) In Portage county, the judge of the court of common
pleas, whose term begins January 2, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Portage county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all divorce, dissolution of marriage, legal
separation,
and annulment cases coming before the court, except in cases that
for some special reason are assigned to some other judge of the
court of common pleas. The judge shall be charged with the
assignment and division of the work of the division and with the
employment and supervision of all other personnel of the domestic
relations division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the personnel of the division and shall fix their duties. The
duties of the personnel, in addition to other statutory duties,
shall include the handling, servicing, and investigation of
divorce, dissolution of marriage, legal separation, and annulment
cases and providing any counseling and conciliation services that
the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services.
(Q) In Clermont county, the judge of the court of common
pleas, whose term begins January 2, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Clermont county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all divorce, dissolution of marriage, legal
separation,
and annulment cases coming before the court, except in cases that
for some special reason are assigned to some other judge of the
court of common pleas. The judge shall be charged with the
assignment and division of the work of the division and with the
employment and supervision of all other personnel of the domestic
relations division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the personnel of the division and shall fix their duties. The
duties of the personnel, in addition to other statutory duties,
shall include the handling, servicing, and investigation of
divorce, dissolution of marriage, legal separation, and annulment
cases and providing any counseling and conciliation services that
the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services.
(R) In Warren county, the judge of the court of common
pleas, whose term begins January 1, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Warren county and shall be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all divorce, dissolution of marriage, legal
separation,
and annulment cases coming before the court, except in cases that
for some special reason are assigned to some other judge of the
court of common pleas. The judge shall be charged with the
assignment and division of the work of the division and with the
employment and supervision of all other personnel of the domestic
relations division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the personnel of the division and shall fix their duties. The
duties of the personnel, in addition to other statutory duties,
shall include the handling, servicing, and investigation of
divorce, dissolution of marriage, legal separation, and annulment
cases and providing any counseling and conciliation services that
the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services.
(S) In Licking county, the judge of the court of common
pleas, whose term begins January 1, 1991, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Licking county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all divorce, dissolution of marriage, legal
separation,
and annulment cases, all cases arising under Chapter 3111. of the
Revised Code, all proceedings involving child support, the
allocation of parental rights and responsibilities for the care
of children and the designation for the children of a place of
residence and legal custodian, and visitation, and all
post-decree proceedings and matters arising from those cases and
proceedings, except in cases that for some special reason are
assigned to another judge of the court of common pleas. The
judge shall be charged with the assignment and division of the
work of the division and with the employment and supervision of
the personnel of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include
the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases,
cases arising under Chapter 3111. of the Revised Code, and
proceedings involving child support, the allocation of parental
rights and responsibilities for the care of children and the
designation for the children of a place of residence and legal
custodian, and visitation and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(T) In Allen county, the judge of the court of common
pleas, whose term begins January 1, 1993, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Allen county and shall be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all divorce, dissolution of marriage, legal
separation,
and annulment cases, all cases arising under Chapter 3111. of the
Revised Code, all proceedings involving child support, the
allocation of parental rights and responsibilities for the care
of children and the designation for the children of a place of
residence and legal custodian, and visitation, and all
post-decree proceedings and matters arising from those cases and
proceedings, except in cases that for some special reason are
assigned to another judge of the court of common pleas. The
judge shall be charged with the assignment and division of the
work of the division and with the employment and supervision of
the personnel of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include
the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases,
cases arising under Chapter 3111. of the Revised Code, and
proceedings involving child support, the allocation of parental
rights and responsibilities for the care of children and the
designation for the children of a place of residence and legal
custodian, and visitation, and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(U) In Medina county, the judge of the court of common
pleas whose term begins January 1, 1995, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of the court of common pleas of Medina county and shall be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all divorce, dissolution of marriage, legal
separation,
and annulment cases, all cases arising under Chapter 3111. of the
Revised Code, all proceedings involving child support, the
allocation of parental rights and responsibilities for the care
of children and the designation for the children of a place of
residence and legal custodian, and visitation, and all
post-decree proceedings and matters arising from those cases and
proceedings, except in cases that for some special reason are
assigned to another judge of the court of common pleas. The
judge shall be charged with the assignment and division of the
work of the division and with the employment and supervision of
the personnel of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases, cases arising under
Chapter 3111. of the Revised Code, and proceedings involving
child support, the allocation of parental rights and
responsibilities for the care of children and the designation for
the children of a place of residence and legal custodian, and
visitation, and providing counseling and conciliation services
that the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services.
(V) In Fairfield county, the judge of the court of common
pleas whose term begins January 2, 1995, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Fairfield county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all divorce, dissolution of marriage, legal
separation,
and annulment cases, all cases arising under Chapter 3111. of the
Revised Code, all proceedings involving child support, the
allocation of parental rights and responsibilities for the care
of children and the designation for the children of a place of
residence and legal custodian, and visitation, and all
post-decree proceedings and matters arising from those cases and
proceedings, except in cases that for some special reason are
assigned to another judge of the court of common pleas. The judge also has
concurrent jurisdiction with the probate-juvenile division of the court of
common pleas of Fairfield county with respect to and may hear cases
to determine the custody of a child, as defined in section 2151.011 of the Revised Code, who
is not the ward of another court of this state, cases that are commenced by a
parent, guardian, or custodian of a child, as defined in section 2151.011
of the Revised Code, to obtain an order requiring a parent of the child to pay child support
for that child when the request for that order is not ancillary to an action
for divorce, dissolution of marriage, annulment, or legal separation, a
criminal or civil action involving an allegation of domestic violence, an
action for support under Chapter 3115. of the Revised Code, or an action that is
within the exclusive original jurisdiction of the probate-juvenile division of
the court of common pleas of Fairfield county and that involves an
allegation that the child is an abused, neglected, or dependent child, and
post-decree proceedings and matters arising from those types of cases.
The judge of the domestic relations division shall be charged
with the
assignment and division of the
work of the division and with the employment and supervision of
the personnel of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include
the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases,
cases arising under Chapter 3111. of the Revised Code, and
proceedings involving child support, the allocation of parental
rights and responsibilities for the care of children and the
designation for the children of a place of residence and legal
custodian, and visitation, and providing any counseling and
conciliation services that the division makes available to
persons, regardless of whether the persons are parties to an
action pending in the division, who request the services.
When the judge hears a case to determine the custody of a child, as defined
in section 2151.011 of the Revised Code, who is not the ward of another court
of this state or a case that is commenced by a parent, guardian, or custodian
of a child, as defined in section 2151.011 of the Revised Code, to obtain an
order requiring a parent of the child to pay child support for that child when
the request for that order is not ancillary to an action for divorce,
dissolution of marriage, annulment, or legal separation, a criminal or civil
action involving an allegation of domestic violence, an action for support
under Chapter 3115. of the Revised Code, or an action that is within the
exclusive original jurisdiction of the probate-juvenile division of the court
of common pleas of Fairfield county and that
involves an allegation that the
child is an abused, neglected, or dependent child, the duties of the personnel
of the domestic relations division also include the handling, servicing, and
investigation of those types of cases.
(W)(1) In Clark county, the judge of the court of common
pleas whose term begins on January 2, 1995, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of the court of common pleas of Clark county and shall be elected
and designated as judge of the court of common pleas, domestic
relations division. The judge shall have all the powers
relating to
juvenile courts, and all cases under Chapter 2151. of the Revised
Code and all parentage proceedings under Chapter 3111. of the
Revised Code over which the juvenile court has jurisdiction shall
be assigned to the judge of the division of domestic relations. All divorce,
dissolution of marriage, legal separation,
annulment, uniform reciprocal support enforcement, and other
cases related to domestic relations shall be assigned to the
domestic relations division, and the presiding judge of the court
of common pleas shall assign the cases to the judge of the
domestic relations division and the judges of the general
division.
(2) In addition to the judge's regular duties, the judge of
the
division of domestic relations shall serve on the children
services board and the county advisory board.
(3) If the judge of the court of common pleas of Clark
county, division of domestic relations, is sick, absent, or
unable to perform that judge's judicial duties or if the
presiding
judge of the
court of common pleas of Clark county determines that the volume
of cases pending in the division of domestic relations
necessitates it, the duties of the judge of the division of
domestic relations shall be performed by the judges of the
general division or probate division of the court of common pleas
of Clark county, as assigned for that purpose by the presiding
judge of that court, and the judges so assigned shall act in
conjunction with the judge of the division of domestic relations
of that court.
(X) In Scioto county, the judge of the court of common
pleas whose term begins January 2, 1995, and
successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of the court of common pleas of Scioto county and shall be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all divorce, dissolution of marriage, legal
separation,
and annulment cases, all cases arising under Chapter 3111. of the
Revised Code, all proceedings involving child support, the
allocation of parental rights and responsibilities for the care
of children and the designation for the children of a place of
residence and legal custodian, visitation, and all post-decree
proceedings and matters arising from those cases and proceedings,
except in cases that for some special reason are assigned to
another judge of the court of common pleas. The judge shall be
charged with the assignment and division of the work of the
division and with the employment and supervision of the personnel
of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases, cases arising under
Chapter 3111. of the Revised Code, and proceedings involving
child support, the allocation of parental rights and
responsibilities for the care of children and the designation for
the children of a place of residence and legal custodian, and
visitation, and providing counseling and conciliation services
that the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services.
(Y) In Auglaize county, the judge of the probate and
juvenile divisions of the Auglaize county court of common pleas
also shall be the administrative judge of the domestic relations
division of the court and shall be assigned
all divorce,
dissolution of marriage, legal separation, and annulment cases
coming before the court. The judge shall have all powers as
administrator of the domestic relations division and shall have
charge of the personnel engaged in handling, servicing, or
investigating divorce, dissolution of marriage, legal separation,
and annulment cases, including any referees considered necessary
for the discharge of the judge's various duties.
(Z)(1) IN MARION COUNTY, THE JUDGE OF THE COURT OF
COMMON PLEAS WHOSE TERM BEGINS ON FEBRUARY 9,
1999, AND THE SUCCESSORS TO THAT JUDGE, SHALL HAVE THE SAME QUALIFICATIONS,
EXERCISE THE SAME POWERS AND JURISDICTION, AND RECEIVE THE SAME COMPENSATION
AS
THE OTHER JUDGES OF THE COURT OF COMMON PLEAS OF
MARION COUNTY AND SHALL BE ELECTED AND
DESIGNATED AS JUDGE OF THE COURT OF COMMON PLEAS, DOMESTIC
RELATIONS-JUVENILE-PROBATE DIVISION. EXCEPT AS OTHERWISE SPECIFIED IN THIS
DIVISION, THAT JUDGE, AND THE SUCCESSORS TO THAT JUDGE, SHALL HAVE ALL THE
POWERS RELATING TO JUVENILE COURTS, AND ALL CASES UNDER
CHAPTER 2151. OF THE
REVISED CODE,
ALL CASES ARISING UNDER CHAPTER 3111. OF THE
REVISED CODE,
ALL DIVORCE, DISSOLUTION OF MARRIAGE, LEGAL SEPARATION, AND ANNULMENT CASES,
ALL PROCEEDINGS INVOLVING CHILD SUPPORT, THE ALLOCATION OF PARENTAL RIGHTS AND
RESPONSIBILITIES FOR THE CARE OF CHILDREN AND THE DESIGNATION FOR THE CHILDREN
OF A PLACE OF RESIDENCE AND LEGAL CUSTODIAN, AND VISITATION, AND ALL
POST-DECREE PROCEEDINGS AND MATTERS ARISING FROM THOSE CASES AND PROCEEDINGS
SHALL BE ASSIGNED TO THAT JUDGE AND THE SUCCESSORS TO THAT JUDGE. EXCEPT AS
PROVIDED IN DIVISION (Z)(2) OF THIS SECTION
AND NOTWITHSTANDING ANY OTHER PROVISION OF ANY SECTION OF THE
REVISED CODE,
ON AND AFTER FEBRUARY 9, 2003, THE JUDGE OF
THE COURT OF COMMON PLEAS OF MARION COUNTY
WHOSE TERM BEGINS ON FEBRUARY 9, 1999, AND THE
SUCCESSORS TO THAT JUDGE, SHALL HAVE ALL THE POWERS RELATING TO THE PROBATE
DIVISION OF THE COURT OF COMMON PLEAS OF
MARION COUNTY IN ADDITION TO THE POWERS
PREVIOUSLY SPECIFIED IN THIS DIVISION, AND SHALL EXERCISE CONCURRENT
JURISDICTION WITH THE JUDGE OF THE PROBATE DIVISION OF THAT COURT OVER ALL
MATTERS THAT ARE WITHIN THE JURISDICTION OF THE PROBATE DIVISION OF THAT COURT
UNDER CHAPTER 2101., AND OTHER PROVISIONS, OF
THE REVISED CODE IN ADDITION TO THE JURISDICTION OF THE
DOMESTIC RELATIONS-JUVENILE-PROBATE DIVISION OF THAT COURT OTHERWISE SPECIFIED
IN DIVISION (Z)(1) OF THIS SECTION.
(2) THE JUDGE OF THE DOMESTIC RELATIONS-JUVENILE-PROBATE DIVISION OF THE
COURT OF COMMON PLEAS OF MARION COUNTY OR THE
JUDGE OF THE PROBATE DIVISION OF THE COURT OF COMMON PLEAS OF
MARION COUNTY, WHICHEVER OF THOSE JUDGES IS
SENIOR IN TOTAL LENGTH OF SERVICE ON THE COURT OF COMMON PLEAS OF
MARION COUNTY, REGARDLESS OF THE DIVISION OR
DIVISIONS OF SERVICE, SHALL SERVE AS THE CLERK OF THE PROBATE DIVISION OF THE
COURT OF COMMON PLEAS OF MARION COUNTY.
(3) ON AND AFTER FEBRUARY 9, 2003, ALL
REFERENCES IN LAW TO "THE PROBATE COURT," "THE PROBATE JUDGE," "THE JUVENILE
COURT," OR "THE JUDGE OF THE JUVENILE COURT" SHALL BE CONSTRUED, WITH RESPECT
TO MARION COUNTY, AS BEING REFERENCES TO BOTH
"THE PROBATE DIVISION" AND "THE DOMESTIC RELATIONS-JUVENILE-PROBATE DIVISION"
AND AS BEING REFERENCES TO BOTH "THE JUDGE OF THE PROBATE DIVISION" AND "THE
JUDGE OF THE DOMESTIC RELATIONS- JUVENILE-PROBATE DIVISION." ON AND AFTER
FEBRUARY 9, 2003, ALL REFERENCES IN LAW TO
"THE CLERK OF THE PROBATE COURT" SHALL BE CONSTRUED, WITH RESPECT TO
MARION COUNTY, AS BEING REFERENCES TO THE
JUDGE WHO IS SERVING PURSUANT TO DIVISION
(Z)(2) OF THIS SECTION AS THE CLERK OF THE
PROBATE DIVISION OF THE COURT OF COMMON PLEAS OF
MARION COUNTY.
(AA) If a judge of the court of common pleas, division of
domestic relations, or juvenile judge, of any of the counties
mentioned in this section is sick, absent, or unable to perform
that judge's judicial duties or the volume of cases pending
in
the judge's division necessitates it, the
duties of that judge shall be performed by another judge
of the court of common pleas of that county, assigned for that
purpose by the presiding judge of the
court of common pleas of that county to act in place of or in conjunction
with that judge, as the case may require.
Section 2. That existing sections 2301.02 and 2301.03 of the Revised Code are
hereby repealed.
Section 3. Notwithstanding sections 3513.05 and 3513.257 of the Revised Code,
each person desiring to become a candidate at the general election to be held
on November 3, 1998, for election to either of the new judgeships of the
Lorain County
Court of Common Pleas that are created by this act and that are to be elected
in
1998, shall file a nominating petition and statement of candidacy, as provided
in section 3513.261 of the Revised Code, not later than four p.m. on August
20,
1998. Notwithstanding section 3513.257 of the Revised Code, the nominating
petition of each candidate for either of those new judgeships shall contain a
minimum of
seven hundred fifty signatures of qualified electors of Lorain County, except
that no nominating petition shall be accepted for filing or filed if the
petition appears on its face to contain or is known to contain signatures
aggregating in number more than one thousand five hundred. The nominating
petitions of candidates for those new judgeships shall be processed as set
forth
in section 3513.263 of the Revised Code. The names of the candidates, whose
petition papers shall be determined by the board with which the petitions were
filed to be valid, shall be printed on the ballot as set forth in section
3505.04 of the Revised Code.
Section 4. This act is hereby declared to be an emergency measure necessary
for the immediate preservation of the public peace, health, and safety. The
reason for this necessity is that it is crucial that this act be enacted into
law at the earliest possible time to enable candidates for the new judicial
position in the Marion County Court of Common Pleas that is created by this
act
to timely file their declarations of candidacy and statements of candidacy and
nominating petitions. Therefore, this act shall go into immediate effect.
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