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As Reported by the Senate Judiciary Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 559 |
REPRESENTATIVES COUGHLIN-WILLIAMS-CALLENDER-TIBERI-TRAKAS
A BILL
To amend section 1901.31 of the Revised Code to provide for the election of
the clerk of the Barberton, Cuyahoga Falls, and Toledo municipal courts in a
specified manner and to provide that the salary of the clerk of the Lorain
County Municipal Court is 85 per cent of the salary of a judge of that court.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1901.31 of the Revised Code be amended to read as
follows:
Sec. 1901.31. The clerk and deputy clerks of a municipal
court shall be selected, be compensated, give bond, and have
powers and duties as follows:
(A) There shall be a clerk of the court who is appointed
or elected as follows:
(1)(a) Except in the Akron, BARBERTON, CUYAHOGA
FALLS, Medina, TOLEDO, Clermont
county,
Hamilton
county, Portage county, and Wayne county municipal courts, if the
population of the territory equals or exceeds one hundred
thousand at the regular municipal election immediately preceding the
expiration of the term of the present clerk, the clerk shall be
nominated and elected by the qualified electors of the territory
in the manner that is provided for the nomination and election of
judges in section 1901.07 of the Revised Code.
The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January following the
clerk's election and continue until the clerk's successor is elected
and qualified.
(b) In the Hamilton county municipal court, the clerk of
courts of Hamilton county shall be the clerk of the municipal
court and may appoint an assistant clerk who shall receive the
compensation, payable out of the treasury of Hamilton county in
semimonthly installments, that the board of county commissioners
prescribes. The clerk of courts of Hamilton county, acting as
the clerk of the Hamilton county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
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 sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the
county treasury in semimonthly installments and is in addition to
the annual compensation that is received for the performance of
the duties of the clerk of courts of Hamilton county, as provided
in sections 325.08 and 325.18 of the Revised Code.
(c) In the Portage county and Wayne county municipal
courts, the clerks of courts of Portage county and Wayne county
shall be the clerks, respectively, of the Portage county and
Wayne county municipal courts and may appoint a chief deputy
clerk for each branch that is established pursuant to section
1901.311 of the Revised Code and assistant clerks as the judges
of the municipal court determine are necessary, all of whom shall
receive the compensation that the legislative authority
prescribes. The clerks of courts of Portage county and Wayne
county, acting as the clerks of the Portage county and Wayne
county municipal courts and assuming the duties of these offices,
shall receive compensation payable from the county treasury in semimonthly
installments at one-fourth 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 sections 325.08 and 325.18 of the Revised
Code.
(d) Except as otherwise provided in division (A)(1)(d) of
this section, in the Akron municipal court, candidates for
election to the office of clerk of the court shall be nominated
by primary election. The primary election shall be held on the
day specified in the charter of the city of Akron for the
nomination of municipal officers. Notwithstanding section
3513.257 of the Revised Code, the nominating petitions of
independent candidates shall be signed by at least two hundred
fifty qualified electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the seventy-fifth day before the day of
the primary election, in the form prescribed by section 3513.07
or 3513.261 of the Revised Code. The declaration of candidacy
and petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed
by any person for nomination as a candidate of a particular
political party for election to the office of clerk of the Akron
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Akron municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall
be submitted to the qualified electors of the territory of the
court in the manner that is provided in section 1901.07 of the
Revised Code for the election of the judges of the court. The
clerk so elected shall hold office for a term of six years, which
term shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(e) In the Clermont county municipal court, the clerk of
courts of Clermont county shall be the clerk of the municipal
court. The clerk of courts of Clermont county, acting as the
clerk of the Clermont county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
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 sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the
county treasury in semimonthly installments and is in addition to
the annual compensation that is received for the performance of
the duties of the clerk of courts of Clermont county, as provided
in sections 325.08 and 325.18 of the Revised Code.
(f) Irrespective of the population of the territory of the
Medina municipal court, the clerk of that court shall be appointed
pursuant to division (A)(2)(a) of this section by the
judges of that court, shall hold office until the clerk's successor is
similarly appointed and qualified, and shall receive pursuant to division
(C) of this section the annual compensation that the legislative
authority prescribes and that is payable in semimonthly installments from the
same sources and in the same manner as provided in section 1901.11 of the
Revised Code.
(g) EXCEPT AS OTHERWISE PROVIDED IN DIVISION
(A)(1)(g) OF THIS
SECTION, IN THE BARBERTON MUNICIPAL COURT, CANDIDATES FOR ELECTION
TO THE OFFICE OF CLERK OF THE COURT SHALL BE NOMINATED BY PRIMARY
ELECTION. THE PRIMARY ELECTION SHALL BE HELD ON THE DAY SPECIFIED
IN THE CHARTER OF THE CITY OF BARBERTON FOR THE NOMINATION OF
MUNICIPAL OFFICERS. NOTWITHSTANDING SECTION 3513.257 OF THE
REVISED CODE, THE NOMINATING PETITIONS OF INDEPENDENT
CANDIDATES SHALL BE SIGNED BY AT LEAST TWO HUNDRED FIFTY QUALIFIED
ELECTORS OF THE TERRITORY OF THE COURT.
THE CANDIDATES SHALL FILE A DECLARATION OF CANDIDACY AND PETITION,
OR A NOMINATING PETITION, WHICHEVER IS APPLICABLE, NOT LATER THAN
FOUR p.m. OF THE SEVENTY-FIFTH DAY BEFORE THE DAY OF
THE PRIMARY
ELECTION, IN THE FORM PRESCRIBED BY SECTION 3513.07 OR 3513.261 OF
THE REVISED CODE. THE DECLARATION OF CANDIDACY AND
PETITION,
OR THE NOMINATING PETITION, SHALL CONFORM TO THE APPLICABLE REQUIREMENTS OF
SECTION 3513.05 OR 3513.257 OF THE REVISED CODE.
IF NO VALID DECLARATION OF CANDIDACY AND PETITION IS FILED BY ANY
PERSON FOR NOMINATION AS A CANDIDATE OF A PARTICULAR POLITICAL
PARTY FOR ELECTION TO THE OFFICE OF CLERK OF THE BARBERTON
MUNICIPAL COURT, A PRIMARY ELECTION SHALL NOT BE HELD FOR THE PURPOSE OF
NOMINATING A CANDIDATE
OF THAT PARTY FOR ELECTION TO THAT OFFICE. IF ONLY ONE PERSON FILES A VALID
DECLARATION OF
CANDIDACY AND PETITION FOR NOMINATION AS A CANDIDATE OF A
PARTICULAR POLITICAL PARTY FOR ELECTION TO THAT OFFICE, A PRIMARY
ELECTION SHALL NOT BE HELD FOR THE PURPOSE OF NOMINATING A
CANDIDATE OF THAT PARTY FOR ELECTION TO THAT OFFICE, AND THE
CANDIDATE SHALL BE ISSUED A CERTIFICATE OF NOMINATION IN THE
MANNER SET FORTH IN SECTION 3513.02 OF THE REVISED CODE.
DECLARATIONS OF CANDIDACY AND PETITIONS, NOMINATING PETITIONS, AND
CERTIFICATES OF NOMINATION FOR THE OFFICE OF CLERK OF THE
BARBERTON MUNICIPAL COURT SHALL CONTAIN A DESIGNATION OF THE TERM
FOR WHICH THE CANDIDATE SEEKS ELECTION. AT THE FOLLOWING REGULAR MUNICIPAL
ELECTION, ALL
CANDIDATES FOR THE OFFICE SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE
TERRITORY OF THE
COURT IN THE MANNER THAT IS PROVIDED IN SECTION 1901.07 OF THE
REVISED CODE FOR THE ELECTION OF THE JUDGES OF THE COURT.
THE CLERK SO ELECTED SHALL HOLD OFFICE FOR A TERM OF SIX YEARS, WHICH
TERM SHALL COMMENCE ON THE FIRST DAY OF JANUARY FOLLOWING THE
CLERK'S ELECTION AND CONTINUE UNTIL THE CLERK'S SUCCESSOR IS ELECTED AND
QUALIFIED.
(h) EXCEPT AS OTHERWISE PROVIDED IN DIVISION
(A)(1)(h) OF THIS
SECTION, IN THE CUYAHOGA FALLS MUNICIPAL COURT, CANDIDATES
FOR
ELECTION TO THE OFFICE OF CLERK OF THE COURT SHALL BE NOMINATED BY PRIMARY
ELECTION. THE PRIMARY ELECTION SHALL BE HELD ON THE DAY SPECIFIED IN THE
CHARTER OF THE CITY OF CUYAHOGA FALLS FOR THE NOMINATION OF
MUNICIPAL OFFICERS. NOTWITHSTANDING SECTION 3513.257 OF THE
REVISED CODE, THE NOMINATING PETITIONS OF INDEPENDENT
CANDIDATES SHALL BE SIGNED BY AT LEAST TWO HUNDRED FIFTY QUALIFIED
ELECTORS OF THE TERRITORY OF THE COURT.
THE CANDIDATES SHALL FILE A DECLARATION OF CANDIDACY AND PETITION,
OR A NOMINATING PETITION, WHICHEVER IS APPLICABLE, NOT LATER THAN
FOUR p.m. OF THE SEVENTY-FIFTH DAY BEFORE THE DAY OF
THE PRIMARY
ELECTION, IN THE FORM PRESCRIBED BY SECTION 3513.07 OR 3513.261 OF
THE REVISED CODE. THE DECLARATION OF CANDIDACY AND
PETITION, OR
THE NOMINATING PETITION,
SHALL CONFORM TO THE APPLICABLE REQUIREMENTS OF SECTION
3513.05 OR 3513.257 OF THE REVISED CODE.
IF NO VALID DECLARATION OF CANDIDACY AND PETITION IS FILED BY ANY
PERSON FOR NOMINATION AS A CANDIDATE OF A PARTICULAR POLITICAL
PARTY FOR ELECTION TO THE OFFICE OF CLERK OF THE CUYAHOGA
FALLS
MUNICIPAL COURT, A PRIMARY ELECTION SHALL NOT BE HELD FOR THE
PURPOSE OF NOMINATING A CANDIDATE OF THAT PARTY FOR ELECTION TO
THAT OFFICE. IF ONLY ONE PERSON FILES A VALID DECLARATION OF
CANDIDACY AND PETITION FOR NOMINATION AS A CANDIDATE OF A
PARTICULAR POLITICAL PARTY FOR ELECTION TO THAT OFFICE, A PRIMARY
ELECTION SHALL NOT BE HELD FOR THE PURPOSE OF NOMINATING A
CANDIDATE OF THAT PARTY FOR ELECTION TO THAT OFFICE, AND THE
CANDIDATE SHALL BE ISSUED A CERTIFICATE OF NOMINATION IN THE
MANNER SET FORTH IN SECTION 3513.02 OF THE REVISED CODE.
DECLARATIONS OF CANDIDACY AND PETITIONS, NOMINATING PETITIONS, AND
CERTIFICATES OF NOMINATION FOR THE OFFICE OF CLERK OF THE CUYAHOGA
FALLS MUNICIPAL COURT SHALL CONTAIN A DESIGNATION OF THE TERM FOR
WHICH THE CANDIDATE SEEKS ELECTION. AT THE FOLLOWING REGULAR MUNICIPAL
ELECTION, ALL CANDIDATES FOR THE OFFICE SHALL BE SUBMITTED TO THE
QUALIFIED ELECTORS OF THE TERRITORY OF THE COURT IN THE MANNER
THAT IS PROVIDED IN SECTION 1901.07 OF THE REVISED CODE FOR
THE
ELECTION OF THE JUDGES OF THE COURT. THE CLERK SO ELECTED SHALL HOLD OFFICE
FOR
A TERM OF SIX YEARS, WHICH TERM SHALL COMMENCE ON THE FIRST DAY OF
JANUARY FOLLOWING THE CLERK'S ELECTION AND CONTINUE UNTIL THE
CLERK'S SUCCESSOR IS ELECTED AND QUALIFIED.
(i) EXCEPT AS OTHERWISE PROVIDED IN DIVISION
(A)(1)(i) OF THIS
SECTION, IN THE TOLEDO MUNICIPAL COURT, CANDIDATES FOR ELECTION
TO THE OFFICE OF CLERK OF THE COURT SHALL BE NOMINATED BY PRIMARY
ELECTION. THE PRIMARY ELECTION SHALL BE HELD ON THE DAY SPECIFIED
IN THE CHARTER OF THE CITY OF TOLEDO FOR THE NOMINATION OF
MUNICIPAL OFFICERS. NOTWITHSTANDING SECTION 3513.257 OF THE
REVISED CODE, THE NOMINATING PETITIONS OF INDEPENDENT
CANDIDATES SHALL BE SIGNED BY AT LEAST TWO HUNDRED FIFTY QUALIFIED
ELECTORS OF THE TERRITORY OF THE COURT.
THE CANDIDATES SHALL FILE A DECLARATION OF CANDIDACY AND PETITION,
OR A NOMINATING PETITION, WHICHEVER IS APPLICABLE, NOT LATER THAN
FOUR p.m. OF THE SEVENTY-FIFTH DAY BEFORE THE DAY OF
THE PRIMARY
ELECTION, IN THE FORM PRESCRIBED BY SECTION 3513.07 OR 3513.261 OF
THE REVISED CODE. THE DECLARATION OF CANDIDACY AND
PETITION,
OR THE NOMINATING PETITION, SHALL CONFORM TO THE APPLICABLE REQUIREMENTS OF
SECTION 3513.05 OR 3513.257 OF THE REVISED CODE.
IF NO VALID DECLARATION OF CANDIDACY AND PETITION IS FILED BY ANY
PERSON FOR NOMINATION AS A CANDIDATE OF A PARTICULAR POLITICAL
PARTY FOR ELECTION TO THE OFFICE OF CLERK OF THE TOLEDO MUNICIPAL
COURT, A PRIMARY ELECTION SHALL NOT BE HELD FOR THE PURPOSE OF
NOMINATING A CANDIDATE
OF THAT PARTY FOR ELECTION TO THAT OFFICE. IF ONLY ONE PERSON FILES A VALID
DECLARATION OF
CANDIDACY AND PETITION FOR NOMINATION AS A CANDIDATE OF A
PARTICULAR POLITICAL PARTY FOR ELECTION TO THAT OFFICE, A PRIMARY
ELECTION SHALL NOT BE HELD FOR THE PURPOSE OF NOMINATING A
CANDIDATE OF THAT PARTY FOR ELECTION TO THAT OFFICE, AND THE
CANDIDATE SHALL BE ISSUED A CERTIFICATE OF NOMINATION IN THE
MANNER SET FORTH IN SECTION 3513.02 OF THE REVISED CODE.
DECLARATIONS OF CANDIDACY AND PETITIONS, NOMINATING PETITIONS, AND
CERTIFICATES OF NOMINATION FOR THE OFFICE OF CLERK OF THE
TOLEDO MUNICIPAL COURT SHALL CONTAIN A DESIGNATION OF THE TERM
FOR WHICH THE CANDIDATE SEEKS ELECTION. AT THE FOLLOWING REGULAR MUNICIPAL
ELECTION, ALL
CANDIDATES FOR THE OFFICE SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE
TERRITORY OF THE
COURT IN THE MANNER THAT IS PROVIDED IN SECTION 1901.07 OF THE
REVISED CODE FOR THE ELECTION OF THE JUDGES OF THE COURT.
THE CLERK SO ELECTED SHALL HOLD OFFICE FOR A TERM OF SIX YEARS, WHICH
TERM SHALL COMMENCE ON THE FIRST DAY OF JANUARY FOLLOWING THE
CLERK'S ELECTION AND CONTINUE UNTIL THE CLERK'S SUCCESSOR IS ELECTED AND
QUALIFIED.
(2)(a) Except for the Alliance, Auglaize county, Lorain,
Massillon, and Youngstown municipal courts, in a municipal court
for which the population of
the territory is less than one hundred thousand and in the Medina
municipal court, the clerk shall
be appointed by the court, and the clerk shall hold office until
the clerk's successor is appointed and qualified.
(b) In the Alliance, Lorain, Massillon, and Youngstown
municipal courts, the clerk shall be elected for a term of office
as described in division (A)(1)(a) of this section.
(c) In the Auglaize county municipal court, the clerk of
courts of Auglaize county shall be the clerk of the municipal
court and may appoint a chief deputy clerk for each branch that
is established pursuant to section 1901.311 of the Revised Code,
and assistant clerks as the judge of the court determines are
necessary, all of whom shall receive the compensation that the
legislative authority prescribes. The clerk of courts of
Auglaize county, acting as the clerk of the Auglaize county
municipal court and assuming the duties of that office, shall
receive compensation payable from the county treasury in semimonthly
installments at one-fourth 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 sections 325.08 and 325.18 of the Revised
Code.
(3) During the temporary absence of the clerk due to
illness, vacation, or other proper cause, the court may appoint a
temporary clerk, who shall be paid the same compensation,
have
the same authority, and perform the same duties as the clerk.
(B) Except in the Clermont county, Hamilton county,
Medina,
Portage county, and Wayne county municipal courts, if a vacancy
occurs in the office of the clerk of the Alliance, Lorain,
Massillon, or Youngstown municipal court or occurs in the office
of the clerk of a municipal court for which the population of the
territory equals or exceeds one hundred thousand because the
clerk ceases to hold the office before the end of the clerk's term or
because a clerk-elect fails to take office, the vacancy shall be
filled, until a successor is elected and qualified, by a person
chosen by the residents of the territory of the court who are
members of the county central committee of the political party by
which the last occupant of that office or the clerk-elect was
nominated. Not less than five nor more than fifteen days after a
vacancy occurs, those members of that county central committee
shall meet to make an appointment to fill the vacancy. At least
four days before the date of the meeting, the chairperson or a
secretary of the county central committee shall notify each such
member of that county central committee by first class
mail of the date, time, and place
of the meeting and its purpose. A majority of all such members of
that county central committee constitutes a quorum, and a
majority of the quorum is
required to make the appointment. If the office so vacated was
occupied or was to be occupied by a person not nominated at a
primary election, or if the appointment was not made by the
committee members in accordance with this division, the court
shall make an appointment to fill the vacancy. A successor shall
be elected to fill the office for the unexpired term at the first
municipal election that is held more than one hundred twenty days
after the vacancy occurred.
(C) In a municipal court, other than the Auglaize county AND THE
LORAIN COUNTY municipal court COURTS, for which the
population of the territory is
less than one hundred thousand and in the Medina municipal
court, the clerk of a THE municipal court
shall receive the annual compensation that the legislative
authority prescribes. In a municipal court, other than the
Clermont county, Hamilton county, Medina, Portage
county, and Wayne
county municipal courts, for which the population of the territory
is one hundred thousand or more, AND IN THE LORAIN COUNTY
MUNICIPAL COURT, the clerk of a THE municipal court
shall receive annual compensation in a sum equal to eighty-five
per cent of the salary of a judge of the court. The compensation
is payable in semimonthly installments from the same sources and
in the same manner as provided in section 1901.11 of the Revised
Code.
(D) Before entering upon the duties of the clerk's office, the
clerk of a municipal court shall give bond of not less than six
thousand dollars to be determined by the judges of the court,
conditioned upon the faithful performance of the clerk's duties.
(E) The clerk of a municipal court may do all of the
following: administer oaths, take affidavits, and issue
executions upon any judgment rendered in the court, including a
judgment for unpaid costs; issue, sign, and attach the seal of
the court to all writs, process, subpoenas, and papers issuing
out of the court; and approve all bonds, sureties, recognizances,
and undertakings fixed by any judge of the court or by law. The clerk may
refuse to accept for filing any pleading or paper submitted for filing by a
person who has been found to be a vexatious litigator under section 2323.52
of the Revised Code and who has failed to obtain leave to proceed under that
section. The clerk
shall do all of the following: file and safely keep all
journals, records, books, and papers belonging or appertaining to
the court; record the proceedings of the court; perform all other
duties that the judges of the court may prescribe; and keep a
book showing all receipts and disbursements, which book shall be
open for public inspection at all times.
The clerk shall prepare and maintain a general index, a
docket, and other records that the court, by rule, requires, all
of which shall be the public records of the court. In the
docket, the clerk shall enter, at the time of the commencement of
an action, the names of the parties in full, the names of the
counsel, and the nature of the proceedings. Under proper dates,
the clerk shall note the filing of the complaint, issuing of summons or
other process, returns, and any subsequent pleadings. The clerk
also shall enter all reports, verdicts, orders, judgments, and
proceedings of the court, clearly specifying the relief granted
or orders made in each action. The court may order an extended
record of any of the above to be made and entered, under the
proper action heading, upon the docket at the request of any
party to the case, the expense of which record may be taxed as
costs in the case or may be required to be prepaid by the party
demanding the record, upon order of the court.
(F) The clerk of a municipal court shall receive, collect,
and issue receipts for all costs, fees, fines, bail, and other
moneys payable to the office or to any officer of the court. The clerk
shall each month disburse to the proper persons or officers, and
take receipts for, all costs, fees, fines, bail, and other moneys
that the clerk collects. Subject to sections 3375.50 and 4511.193
of
the Revised Code and to any other section of the Revised Code
that requires a specific manner of disbursement of any moneys
received by a municipal court and except for the Hamilton county,
Lawrence county, and Ottawa county municipal courts, the clerk shall pay all
fines received for violation of municipal ordinances into the
treasury of the municipal corporation the ordinance of which was
violated and shall pay all fines received for violation of
township resolutions adopted pursuant to Chapter 504. of the
Revised Code into the treasury of the township the resolution of
which was violated. Subject to sections 1901.024 and 4511.193 of
the Revised Code, in the Hamilton county, Lawrence county, and Ottawa county
municipal courts, the clerk shall pay fifty per cent of the fines
received for violation of municipal ordinances and fifty per cent
of the fines received for violation of township resolutions
adopted pursuant to Chapter 504. of the Revised Code into the
treasury of the county. Subject to sections 3375.50, 3375.53,
4511.99, and 5503.04 of the Revised Code and to any other section
of the Revised Code that requires a specific manner of
disbursement of any moneys received by a municipal court, the
clerk shall pay all fines collected for the violation of state
laws into the county treasury. Except in a county-operated
municipal court, the clerk shall pay all costs and fees the
disbursement of which is not otherwise provided for in the
Revised Code into the city treasury. The clerk of a
county-operated municipal court shall pay the costs and fees the
disbursement of which is not otherwise provided for in the
Revised Code into the county treasury. Moneys deposited as
security for costs shall be retained pending the litigation. The
clerk shall keep a separate account of all receipts and
disbursements in civil and criminal cases, which shall be a
permanent public record of the office. On the expiration of the
term of the clerk, the clerk shall deliver the records to the clerk's
successor. The clerk shall have other powers and duties as are prescribed by
rule or order of the court.
(G) All moneys paid into a municipal court shall be noted
on the record of the case in which they are paid and shall be
deposited in a state or national bank, or a domestic savings and
loan association, as defined in section 1151.01 of the Revised
Code, that is selected by the clerk. Any interest received upon
the deposits shall be paid into the city treasury, except that, in
a county-operated municipal court, the interest shall be paid
into the treasury of the county in which the court is located.
On the first Monday in January of each year, the clerk
shall make a list of the titles of all cases in the court that
were finally determined more than one year past in which there
remains unclaimed in the possession of the clerk any funds, or
any part of a deposit for security of costs not consumed by the
costs in the case. The clerk shall give notice of the moneys to
the parties who are entitled to the moneys or to their attorneys
of record. All the moneys remaining unclaimed on the first day
of April of each year shall be paid by the clerk to the city
treasurer, except that, in a county-operated municipal court, the
moneys shall be paid to the treasurer of the county in which the
court is located. The treasurer shall pay any part of the
moneys at any time to the person who has the right to the
moneys upon proper certification of the clerk.
(H) Deputy clerks may be appointed by the clerk and shall
receive the compensation, payable in semimonthly installments out
of the city treasury, that the clerk may prescribe, except that
the compensation of any deputy clerk of a county-operated
municipal court shall be paid out of the treasury of the county
in which the court is located. Each deputy clerk shall take an
oath of office before entering upon the duties of the deputy clerk's office
and, when so qualified, may perform the duties appertaining to the
office of the clerk. The clerk may require any of the deputy
clerks to give bond of not less than three thousand dollars,
conditioned for the faithful performance of the deputy clerk's duties.
(I) For the purposes of this section, whenever the
population of the territory of a municipal court falls below one
hundred thousand but not below ninety thousand, and the
population of the territory prior to the most recent regular
federal census exceeded one hundred thousand, the legislative
authority of the municipal corporation may declare, by
resolution, that the territory shall be considered to have a
population of at least one hundred thousand.
(J) The clerk or a deputy clerk shall be in attendance at
all sessions of the municipal court, although not necessarily in
the courtroom, and may administer oaths to witnesses and jurors
and receive verdicts.
Section 2. That existing section 1901.31 of the Revised Code is hereby
repealed.
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