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As Reported by the Senate Judiciary Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 599 |
REPRESENTATIVES LOGAN-WOMER BENJAMIN-DePIERO-FERDERBER-
WILLAMOWSKI-REDFERN-WILSON-BARNES-SALERNO-DISTEL-JONES-
KRUPINSKI-HARTNETT-JERSE-STEVENS-
SENATOR CUPP
A BILL
To amend sections 1901.01, 1901.02, 1901.021, 1901.027, 1901.03, 1901.08,
1901.31, 1901.34, 1907.011, and 1907.11 of the Revised Code to create the
Columbiana County Municipal Court on January 1, 2002, to
establish two full-time judgeships in that court, to
abolish the Columbiana County County Court on that date, and to replace the
part-time judge of the Champaign County Municipal Court with a full-time judge
to be elected in 2001.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1901.01, 1901.02, 1901.021,
1901.027, 1901.03, 1901.08, 1901.31, 1901.34, 1907.011, and 1907.11 of
the Revised Code be amended to read as follows:
Sec. 1901.01. (A) There is hereby established a municipal
court in each of the following municipal corporations:
Akron, Alliance, Ashland, Ashtabula, Athens, Avon Lake,
Barberton, Bedford, Bellefontaine, Bellevue, Berea,
Bowling Green, Bryan, Bucyrus, Cambridge, Campbell, Canton,
Celina, Chardon, Chesapeake, Chillicothe, Cincinnati,
Circleville, Cleveland, Cleveland Heights, Columbus, Conneaut,
Coshocton, Cuyahoga Falls, Dayton, Defiance, Delaware, East
Cleveland, East Liverpool, Eaton, Elyria, Euclid, Fairborn,
Fairfield, Findlay, Fostoria, Franklin, Fremont, Gallipolis,
Garfield Heights, Girard, Hamilton, Hillsboro, Huron, Ironton,
Jackson, Kenton, Kettering, Lakewood, Lancaster, Lebanon, Lima,
Logan, London, Lorain, Lyndhurst, Mansfield,
Marietta, Marion, Marysville, Mason, Massillon, Maumee, Medina, Mentor,
Miamisburg,
Middletown, Mount Vernon, Napoleon, Newark, New Philadelphia,
Newton Falls, Niles, Norwalk, Oakwood, Oberlin, Oregon,
Painesville, Parma, Perrysburg, Port Clinton, Portsmouth,
Ravenna, Rocky River, Sandusky, Shaker Heights, Shelby, Sidney,
South Euclid, Springfield, Steubenville, Struthers, Sylvania,
Tiffin, Toledo, Troy, Upper Sandusky, Urbana, Vandalia, Van Wert,
Vermilion, Wadsworth, Wapakoneta, Warren, City of Washington in
Fayette county, to be known as Washington Court House,
Willoughby, Wilmington, Wooster, Xenia, Youngstown, and
Zanesville.
(B) There is hereby established a municipal court within
Clermont county in Batavia or in any other municipal
corporation or unincorporated territory within Clermont county that
is selected by the legislative authority of the Clermont county
municipal court. The municipal court established by this division is a
continuation of the municipal court previously established in Batavia
by this section before the enactment of this division.
(C) THERE IS HEREBY ESTABLISHED A MUNICIPAL COURT WITHIN
COLUMBIANA COUNTY IN LISBON OR IN ANY OTHER MUNICIPAL
CORPORATION OR UNINCORPORATED TERRITORY WITHIN COLUMBIANA COUNTY,
EXCEPT THE MUNICIPAL CORPORATION OF EAST LIVERPOOL OR
LIVERPOOL OR ST. CLAIR TOWNSHIP, THAT IS SELECTED
BY THE JUDGES OF THE MUNICIPAL COURT PURSUANT TO DIVISION (I) OF
SECTION 1901.021 of the Revised Code.
Sec. 1901.02. (A) The municipal courts established by
section 1901.01 of the Revised Code have jurisdiction within the
corporate limits of their respective municipal corporations, or, for
the Clermont county municipal court, within the municipal corporation
or unincorporated territory in which it is established, and
are courts of record. Each of the courts shall be styled
".................................. municipal court," inserting
the name of the municipal corporation, except the following
courts, which shall be styled as set forth below:
(1) The municipal court established in Chesapeake that
shall be styled and known as the "Lawrence county municipal
court";
(2) The municipal court established in Cincinnati that
shall be styled and known as the "Hamilton county municipal
court";
(3) The municipal court established in Ravenna that shall
be styled and known as the "Portage county municipal court";
(4) The municipal court established in Athens that shall
be styled and known as the "Athens county municipal court";
(5) The municipal court established in Columbus that shall
be styled and known as the "Franklin county municipal court";
(6) The municipal court established in London that shall
be styled and known as the "Madison county municipal court";
(7) The municipal court established in Newark that shall
be styled and known as the "Licking county municipal court";
(8) The municipal court established in Wooster that shall
be styled and known as the "Wayne county municipal court";
(9) The municipal court established in Wapakoneta that
shall be styled and known as the "Auglaize county municipal
court";
(10) The municipal court established in Troy that shall be
styled and known as the "Miami county municipal court";
(11) The municipal court established in Bucyrus that shall
be styled and known as the "Crawford county municipal court";
(12) The municipal court established in Logan that shall
be styled and known as the "Hocking county municipal court";
(13) The municipal court established in Urbana that shall
be styled and known as the "Champaign county municipal court";
(14) The municipal court established in Jackson that shall
be styled and known as the "Jackson county municipal court";
(15) The municipal court established in Springfield that
shall be styled and known as the "Clark county municipal court";
(16) The municipal court established in Kenton that shall
be styled and known as the "Hardin county municipal court";
(17) The municipal court established within Clermont county
in Batavia or in any other municipal corporation or unincorporated
territory within Clermont county that is selected by the legislative
authority of that court that shall
be styled and known as the "Clermont county municipal court";
(18) The municipal court established in Wilmington that,
beginning July 1, 1992, shall be styled and known as the "Clinton
county municipal court";
(19) The municipal court established in Port Clinton that
shall be styled and known as "the Ottawa county municipal court";
(20) The municipal court established in Lancaster that, beginning
January 2, 2000, shall be
styled and known as the "Fairfield county municipal court";
(21) THE MUNICIPAL COURT ESTABLISHED WITHIN COLUMBIANA COUNTY IN
LISBON OR IN ANY OTHER MUNICIPAL CORPORATION OR UNINCORPORATED
TERRITORY SELECTED PURSUANT TO DIVISION (I) OF SECTION 1901.021 of the Revised Code,
THAT SHALL BE
STYLED AND KNOWN AS THE "COLUMBIANA COUNTY MUNICIPAL COURT."
(B) In addition to the jurisdiction set forth in division
(A) of this section, the municipal courts established by section
1901.01 of the Revised Code have jurisdiction as follows:
The Akron municipal court has jurisdiction within Bath,
Northampton, Richfield, and Springfield townships, and within the
municipal corporations of Fairlawn, Lakemore, and Mogadore, in
Summit county.
The Alliance municipal court has jurisdiction within
Lexington, Marlboro, Paris, and Washington townships in Stark
county.
The Ashland municipal court has jurisdiction within Ashland
county.
The Ashtabula municipal court has jurisdiction within
Ashtabula, Plymouth, and Saybrook townships in Ashtabula county.
The Athens county municipal court has jurisdiction within
Athens county.
The Auglaize county municipal court has jurisdiction within
Auglaize county.
The Avon Lake municipal court has jurisdiction within the
municipal corporations of Avon and Sheffield in Lorain county.
The Barberton municipal court has jurisdiction within
Coventry, Franklin, and Green townships, within all of Copley
township except within the municipal corporation of Fairlawn, and
within the municipal corporations of Clinton and Norton, in
Summit county.
The Bedford municipal court has jurisdiction within the
municipal corporations of Bedford Heights, Oakwood, Glenwillow,
Solon, Bentleyville, Chagrin Falls, Moreland Hills, Orange,
Warrensville Heights, North Randall, and Woodmere, and within
Warrensville and Chagrin Falls townships, in Cuyahoga county.
The Bellefontaine municipal court has jurisdiction within
Logan county.
The Bellevue municipal court has jurisdiction within Lyme
and Sherman townships in Huron county and within York township in
Sandusky county.
The Berea municipal court has jurisdiction within the
municipal corporations of Strongsville, Middleburgh Heights,
Brook Park, Westview, and Olmsted Falls, and within Olmsted
township, in Cuyahoga county.
The Bowling Green municipal court has jurisdiction within
the municipal corporations of Bairdstown, Bloomdale, Bradner,
Custar, Cygnet, Grand Rapids, Haskins, Hoytville, Jerry City,
Milton Center, North Baltimore, Pemberville, Portage, Rising Sun,
Tontogany, Wayne, and Weston, and within Bloom, Center, Freedom,
Grand Rapids, Henry, Jackson, Liberty, Middleton, Milton,
Montgomery, Plain, Portage, Washington, Webster, and Weston
townships in Wood county.
The Bryan municipal court has jurisdiction within Williams
county.
The Cambridge municipal court has jurisdiction within
Guernsey county.
The Campbell municipal court has jurisdiction within
Coitsville township in Mahoning county.
The Canton municipal court has jurisdiction within Canton,
Lake, Nimishillen, Osnaburg, Pike, Plain, and Sandy townships in
Stark county.
The Celina municipal court has jurisdiction within Mercer
county.
The Champaign county municipal court has jurisdiction
within Champaign county.
The Chardon municipal court has jurisdiction within Geauga
county.
The Chillicothe municipal court has jurisdiction within
Ross county.
The Circleville municipal court has jurisdiction within
Pickaway county.
The Clark county municipal court has jurisdiction within
Clark county.
The Clermont county municipal court has jurisdiction within
Clermont county.
The Cleveland municipal court has jurisdiction within the
municipal corporation of Bratenahl in Cuyahoga county.
Beginning July 1, 1992, the Clinton county municipal court
has jurisdiction within Clinton county.
THE COLUMBIANA COUNTY MUNICIPAL COURT HAS JURISDICTION WITHIN ALL
OF COLUMBIANA COUNTY EXCEPT WITHIN THE MUNICIPAL CORPORATION OF
EAST LIVERPOOL AND EXCEPT WITHIN LIVERPOOL AND
ST. CLAIR TOWNSHIPS.
The Coshocton municipal court has jurisdiction within
Coshocton county.
The Crawford county municipal court has jurisdiction within
Crawford county.
The Cuyahoga Falls municipal court has jurisdiction within
Boston, Hudson, Northfield Center, Sagamore Hills, and Twinsburg
townships, and within the municipal corporations of Boston
Heights, Hudson, Munroe Falls, Northfield, Peninsula,
Reminderville, Silver Lake, Stow, Tallmadge, Twinsburg, and
Macedonia, in Summit county.
The Defiance municipal court has jurisdiction within
Defiance county.
The Delaware municipal court has jurisdiction within
Delaware county.
The East Liverpool municipal court has jurisdiction within
Liverpool and St. Clair townships in Columbiana county.
The Eaton municipal court has jurisdiction within Preble
county.
The Elyria municipal court has jurisdiction within the
municipal corporations of Grafton, LaGrange, and North
Ridgeville, and within Elyria, Carlisle, Eaton, Columbia,
Grafton, and LaGrange townships, in Lorain county.
The Fairborn municipal court has jurisdiction within the
municipal corporation of Beavercreek and within Bath and
Beavercreek townships in Greene county.
Beginning January 2, 2000, the Fairfield county municipal
court has jurisdiction within Fairfield county.
The Findlay municipal court has jurisdiction within all of
Hancock county except within Washington township.
The Fostoria municipal court has jurisdiction within Loudon
and Jackson townships in Seneca county, within Washington
township in Hancock county, and within Perry township in Wood
county.
The Franklin municipal court has jurisdiction within
Franklin township in Warren county.
The Franklin county municipal court has jurisdiction within
Franklin county.
The Fremont municipal court has jurisdiction within
Ballville and Sandusky townships in Sandusky county.
The Gallipolis municipal court has jurisdiction within
Gallia county.
The Garfield Heights municipal court has jurisdiction
within the municipal corporations of Maple Heights, Walton Hills,
Valley View, Cuyahoga Heights, Newburgh Heights, Independence,
and Brecksville in Cuyahoga county.
The Girard municipal court has jurisdiction within Liberty,
Vienna, and Hubbard townships in Trumbull county.
The Hamilton municipal court has jurisdiction within Ross
and St. Clair townships in Butler county.
The Hamilton county municipal court has jurisdiction within
Hamilton county.
The Hardin county municipal court has jurisdiction within
Hardin county.
The Hillsboro municipal court has jurisdiction within all
of Highland county except within Madison township.
The Hocking county municipal court has jurisdiction within
Hocking county.
The Huron municipal court has jurisdiction within all of
Huron township in Erie county except within the municipal
corporation of Sandusky.
The Ironton municipal court has jurisdiction within Aid,
Decatur, Elizabeth, Hamilton, Lawrence, Upper, and Washington
townships in Lawrence county.
The Jackson county municipal court has jurisdiction within
Jackson county.
The Kettering municipal court has jurisdiction within the
municipal corporations of Centerville and Moraine, and within
Washington township, in Montgomery county.
Until January 2, 2000, the Lancaster municipal
court has jurisdiction within
Fairfield county.
The Lawrence county municipal court has jurisdiction within
the townships of Fayette, Mason, Perry, Rome, Symmes, Union, and
Windsor in Lawrence county.
The Lebanon municipal court has jurisdiction within
Turtlecreek township in Warren county.
The Licking county municipal court has jurisdiction within
Licking county.
The Lima municipal court has jurisdiction within Allen
county.
The Lorain municipal court has jurisdiction within the
municipal corporation of Sheffield Lake, and within Sheffield
township, in Lorain county.
The Lyndhurst municipal court has jurisdiction within the
municipal corporations of Mayfield Heights, Gates Mills,
Mayfield, Highland Heights, and Richmond Heights in Cuyahoga
county.
The Madison county municipal court has jurisdiction within
Madison county.
The Mansfield municipal court has jurisdiction within
Madison, Springfield, Sandusky, Franklin, Weller, Mifflin, Troy,
Washington, Monroe, Perry, Jefferson, and Worthington townships,
and within sections 35-36-31 and 32 of Butler township, in
Richland county.
The Marietta municipal court has jurisdiction within
Washington county.
The Marion municipal court has jurisdiction within Marion
county.
The Marysville municipal court has jurisdiction within
Union county.
The Mason municipal court has jurisdiction within Deerfield
township in Warren county.
The Massillon municipal court has jurisdiction within
Bethlehem, Perry, Sugar Creek, Tuscarawas, Lawrence, and Jackson
townships in Stark county.
The Maumee municipal court has jurisdiction within the
municipal corporations of Waterville and Whitehouse, within
Waterville and Providence townships, and within those portions of
Springfield, Monclova, and Swanton townships lying south of the
northerly boundary line of the Ohio turnpike, in Lucas county.
The Medina municipal court has jurisdiction within the
municipal corporations of Briarwood Beach, Brunswick,
Chippewa-on-the-Lake, and Spencer and within the townships of
Brunswick Hills, Chatham, Granger, Hinckley, Lafayette,
Litchfield, Liverpool, Medina, Montville, Spencer, and York
townships, in Medina county.
The Mentor municipal court has jurisdiction within the
municipal corporation of Mentor-on-the-Lake in Lake county.
The Miami county municipal court has jurisdiction within
Miami county and within the part of the municipal corporation of
Bradford that is located in Darke county.
The Miamisburg municipal court has jurisdiction within the
municipal corporations of Germantown and West Carrollton, and
within German and Miami townships in Montgomery county.
The Middletown municipal court has jurisdiction within
Madison township, and within all of Lemon township, except within
the municipal corporation of Monroe, in Butler county.
The Mount Vernon municipal court has jurisdiction within
Knox county.
The Napoleon municipal court has jurisdiction within Henry
county.
The New Philadelphia municipal court has jurisdiction
within the municipal corporation of Dover, and within Auburn,
Bucks, Fairfield, Goshen, Jefferson, Warren, York, Dover,
Franklin, Lawrence, Sandy, Sugarcreek, and Wayne townships in
Tuscarawas county.
The Newton Falls municipal court has jurisdiction within
Bristol, Bloomfield, Lordstown, Newton, Braceville, Southington,
Farmington, and Mesopotamia townships in Trumbull county.
The Niles municipal court has jurisdiction within the
municipal corporation of McDonald, and within Weathersfield
township in Trumbull county.
The Norwalk municipal court has jurisdiction within all of
Huron county except within the municipal corporation of Bellevue
and except within Lyme and Sherman townships.
The Oberlin municipal court has jurisdiction within the
municipal corporations of Amherst, Kipton, Rochester, South
Amherst, and Wellington, and within Henrietta, Russia, Camden,
Pittsfield, Brighton, Wellington, Penfield, Rochester, and
Huntington townships, and within all of Amherst township except
within the municipal corporation of Lorain, in Lorain county.
The Oregon municipal court has jurisdiction within the
municipal corporation of Harbor View, and within Jerusalem
township, in Lucas county, and north within Maumee Bay and Lake
Erie to the boundary line between Ohio and Michigan between the
easterly boundary of the court and the easterly boundary of the
Toledo municipal court.
The Ottawa county municipal court has jurisdiction within
Ottawa county.
The Painesville municipal court has jurisdiction within
Painesville, Perry, Leroy, Concord, and Madison townships in Lake
county.
The Parma municipal court has jurisdiction within the
municipal corporations of Parma Heights, Brooklyn, Linndale,
North Royalton, Broadview Heights, Seven Hills, and Brooklyn
Heights in Cuyahoga county.
The Perrysburg municipal court has jurisdiction within the
municipal corporations of Luckey, Millbury, Northwood, Rossford,
and Walbridge, and within Perrysburg, Lake, and Troy townships,
in Wood county.
The Portage county municipal court has jurisdiction within
Portage county.
The Portsmouth municipal court has jurisdiction within
Scioto county.
The Rocky River municipal court has jurisdiction within the
municipal corporations of Bay Village, Westlake, Fairview Park,
and North Olmsted, and within Riveredge township, in Cuyahoga
county.
The Sandusky municipal court has jurisdiction within the
municipal corporations of Castalia and Bay View, and within
Perkins township, in Erie county.
The Shaker Heights municipal court has jurisdiction within
the municipal corporations of University Heights, Beachwood,
Pepper Pike, and Hunting Valley in Cuyahoga county.
The Shelby municipal court has jurisdiction within Sharon,
Jackson, Cass, Plymouth, and Blooming Grove townships, and within
all of Butler township except sections 35-36-31 and 32, in
Richland county.
The Sidney municipal court has jurisdiction within Shelby
county.
The Struthers municipal court has jurisdiction within the
municipal corporations of Lowellville, New Middleton, and Poland,
and within Poland and Springfield townships in Mahoning county.
The Sylvania municipal court has jurisdiction within the
municipal corporations of Berkey and Holland, and within
Sylvania, Richfield, Spencer, and Harding townships, and within
those portions of Swanton, Monclova, and Springfield townships
lying north of the northerly boundary line of the Ohio turnpike,
in Lucas county.
The Tiffin municipal court has jurisdiction within Adams,
Big Spring, Bloom, Clinton, Eden, Hopewell, Liberty, Pleasant,
Reed, Scipio, Seneca, Thompson, and Venice townships in Seneca
county.
The Toledo municipal court has jurisdiction within
Washington township, and within the municipal corporation of
Ottawa Hills, in Lucas county.
The Upper Sandusky municipal court has jurisdiction within
Wyandot county.
The Vandalia municipal court has jurisdiction within the
municipal corporations of Clayton, Englewood, and Union, and
within Butler, Harrison, and Randolph townships, in Montgomery
county.
The Van Wert municipal court has jurisdiction within Van
Wert county.
The Vermilion municipal court has jurisdiction within the
townships of Vermilion and Florence in Erie county and within all
of Brownhelm township except within the municipal corporation of
Lorain, in Lorain county.
The Wadsworth municipal court has jurisdiction within the
municipal corporations of Gloria Glens Park, Lodi, Seville, and
Westfield Center, and within Guilford, Harrisville, Homer,
Sharon, Wadsworth, and Westfield townships in Medina county.
The Warren municipal court has jurisdiction within Warren
and Champion townships, and within all of Howland township except
within the municipal corporation of Niles, in Trumbull county.
The Washington Court House municipal court has jurisdiction
within Fayette county.
The Wayne county municipal court has jurisdiction within
Wayne county.
The Willoughby municipal court has jurisdiction within the
municipal corporations of Eastlake, Wickliffe, Willowick,
Willoughby Hills, Kirtland, Kirtland Hills, Waite Hill,
Timberlake, and Lakeline, and within Kirtland township, in Lake
county.
Through June 30, 1992, the Wilmington municipal court has
jurisdiction within Clinton county.
The Xenia municipal court has jurisdiction within
Caesarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross,
Silvercreek, Spring Valley, Sugarcreek, and Xenia townships in
Greene county.
(C) As used in this section:
(1) "Within a township" includes all land, including, but
not limited to, any part of any municipal corporation, that is
physically located within the territorial boundaries of that
township, whether or not that land or municipal corporation is
governmentally a part of the township.
(2) "Within a municipal corporation" includes all land
within the territorial boundaries of the municipal corporation
and any townships that are coextensive with the municipal
corporation.
Sec. 1901.021. (A) The judge or judges of any municipal
court established under division (A) of section 1901.01 of the Revised Code
having territorial jurisdiction outside the corporate
limits of the municipal corporation in which it is located may
sit outside the corporate limits of the municipal corporation
within the area of its territorial jurisdiction.
(B) Two or more of the judges of the Hamilton county
municipal court shall be assigned by the presiding judge of the
court to sit outside the municipal corporation of Cincinnati.
(C) Two of the judges of the Portage county municipal
court shall sit within the municipal corporation of Ravenna, and
one of the judges shall sit within the municipal corporation of
Kent. The judges may sit in other incorporated areas of Portage
county.
(D) One of the judges of the Wayne county municipal court
shall sit within the municipal corporation of Wooster, and one
shall sit within the municipal corporation of Orrville. Both
judges may sit in other incorporated areas of Wayne county.
(E) The judge of the Auglaize county municipal court shall
sit within the municipal corporations of Wapakoneta and St. Marys
and may sit in other incorporated areas in Auglaize county.
(F) At least one of the judges of the Miami county
municipal court shall sit within the municipal corporations of
Troy, Piqua, and Tipp City, and the judges may sit in other
incorporated areas of Miami county.
(G) The judge of the Crawford county municipal court shall
sit within the municipal corporations of Bucyrus and Galion and
may sit in other incorporated areas in Crawford county.
(H) The judge of the Jackson county municipal court shall
sit within the municipal corporations of Jackson and Wellston and
may sit in other incorporated areas in Jackson county.
(I) EACH JUDGE OF THE COLUMBIANA COUNTY MUNICIPAL COURT MAY SIT
WITHIN THE MUNICIPAL CORPORATION OF LISBON, SALEM, OR
EAST PALESTINE UNTIL THE JUDGES JOINTLY SELECT A CENTRAL
LOCATION WITHIN THE TERRITORIAL JURISDICTION OF THE COURT. WHEN THE JUDGES
SELECT A CENTRAL LOCATION, THE JUDGES SHALL SIT AT THAT LOCATION.
(J) In any municipal court, other than the Hamilton county
municipal court, that has more than one judge, the decision for
one or more judges to sit outside the corporate limits of the
municipal corporation shall be made by rule of the court as
provided in division (C) of sections 1901.14 and 1901.16 of the
Revised Code.
(J)(K) The assignment of a judge to sit in a municipal
corporation other than that in which the court is located does
not affect the jurisdiction of the mayor except as provided in
section 1905.01 of the Revised Code.
(K)(L) The judges of the Clermont county municipal court
may sit in any municipal corporation or unincorporated territory within
Clermont county.
Sec. 1901.027. In addition to the territorial jurisdiction conferred by
section 1901.02 of the Revised Code, the municipal courts established in
Athens, Batavia, East Liverpool, Gallipolis, Cincinnati, Ironton, Chesapeake,
Marietta, Portsmouth, and
Steubenville AND THE MUNICIPAL COURT ESTABLISHED WITHIN COLUMBIANA
COUNTY THAT IS DESCRIBED IN DIVISION (C) OF SECTION 1901.01 of the Revised Code
have jurisdiction beyond the north or
northwest shore of the Ohio river extending to the opposite shore line,
between the extended boundary lines of any adjacent municipal courts or
adjacent county courts. Each of the municipal courts that is given
jurisdiction on the Ohio river by this section has concurrent jurisdiction on
the Ohio river with any adjacent municipal courts or adjacent
county courts that border on that river and with any court of Kentucky or of
West
Virginia that borders on the Ohio river and that has jurisdiction on the Ohio
river under the law of Kentucky or the law of West Virginia, whichever is
applicable, or under federal law.
Sec. 1901.03. As used in this chapter:
(A) "Territory" means the geographical areas within which
municipal courts have jurisdiction as provided in sections
1901.01 and 1901.02 of the Revised Code.
(B) "Legislative authority" means the legislative
authority of the municipal corporation in which a municipal
court, other than a county-operated municipal court, is located,
and means the respective board of county commissioners of the
county in which a county-operated municipal court is located.
(C) "Chief executive" means the chief executive of the
municipal corporation in which a municipal court, other than a
county-operated municipal court, is located, and means the
respective chairman of the board of county commissioners of the
county in which a county-operated municipal court is located.
(D) "City treasury" means the treasury of the municipal
corporation in which a municipal court, other than a
county-operated municipal court, is located.
(E) "City treasurer" means the treasurer of the municipal
corporation in which a municipal court, other than a
county-operated municipal court, is located.
(F) "County-operated municipal court" means the Auglaize
county, Clermont county, COLUMBIANA COUNTY, Crawford
county, Hamilton county,
Hocking county, Jackson county, Lawrence county, Madison county,
Miami county, Ottawa county, Portage county, or Wayne county
municipal court.
(G) "A municipal corporation in which a municipal court is
located" includes each municipal corporation named in section
1901.01 of the Revised Code, but does not include one in which a
judge sits pursuant to section 1901.021 of the Revised Code.
Sec. 1901.08. The number of, and the time for election of,
judges of the following municipal courts and the beginning of
their terms shall be as follows:
In the Akron municipal court, two full-time judges shall be
elected in 1951, two full-time judges shall be elected in 1953,
one full-time judge shall be elected in 1967, and one full-time
judge shall be elected in 1975.
In the Alliance municipal court, one full-time judge shall
be elected in 1953.
In the Ashland municipal court, one full-time judge shall
be elected in 1951.
In the Ashtabula municipal court, one full-time judge shall
be elected in 1953.
In the Athens county municipal court, one full-time judge
shall be elected in 1967.
In the Auglaize county municipal court, one full-time judge
shall be elected in 1975.
In the Avon Lake municipal court, one part-time judge shall
be elected in 1957.
In the Barberton municipal court, one full-time judge shall
be elected in 1969, and one full-time judge shall be elected in
1971.
In the Bedford municipal court, one full-time judge shall
be elected in 1975, and one full-time judge shall be elected in
1979.
In the Bellefontaine municipal court, one full-time judge
shall be elected in 1993.
In the Bellevue municipal court, one part-time judge shall
be elected in 1951.
In the Berea municipal court, one part-time judge shall be
elected in 1957, term to commence on the first day of January
next after election, and one part-time judge shall be elected
in 1981, term to commence on the second day of January next
after election. The part-time judge elected in 1987 whose
term commenced on January 1, 1988, shall serve until December 31,
1993, and the office of that judge is abolished, effective on the
earlier of December 31, 1993, or the date on which that judge
resigns, retires, or otherwise vacates judicial office.
In the Bowling Green municipal court, one full-time judge
shall be elected in 1983.
In the Bryan municipal court, one full-time judge shall be
elected in 1965.
In the Cambridge municipal court, one full-time judge shall
be elected in 1951.
In the Campbell municipal court, one part-time judge shall
be elected in 1963.
In the Canton municipal court, one full-time judge shall be
elected in 1951, one full-time judge shall be elected in 1969,
and two full-time judges shall be elected in 1977.
In the Celina municipal court, one full-time judge shall be
elected in 1957.
In the Champaign county municipal court, one part-time FULL-TIME
judge shall be elected in 1983 2001.
In the Chardon municipal court, one part-time judge shall
be elected in 1963.
In the Chillicothe municipal court, one full-time judge
shall be elected in 1951, and one full-time judge shall be
elected in 1977.
In the Circleville municipal court, one full-time judge
shall be elected in 1953.
In the Clark county municipal court, one full-time judge
shall be elected in 1989, and two full-time judges shall be
elected in 1991. The full-time judges of the Springfield
municipal court who were elected in 1983 and 1985 shall serve as
the judges of the Clark county municipal court from January 1,
1988, until the end of their respective terms.
In the Clermont county municipal court, two full-time
judges shall be elected in 1991, and one full-time judge shall be
elected in 1999.
In the Cleveland municipal court, six full-time judges
shall be elected in 1975, three full-time judges shall be elected
in 1953, and four full-time judges shall be elected in 1955.
In the Cleveland Heights municipal court, one full-time
judge shall be elected in 1957.
In the Clinton county municipal court, one full-time judge
shall be elected in 1997. The full-time judge of the Wilmington
municipal court who was elected in 1991 shall serve as the judge
of the Clinton county municipal court from July 1, 1992, until
the end of that judge's term on December 31, 1997.
IN THE COLUMBIANA COUNTY MUNICIPAL COURT, TWO FULL-TIME JUDGES
SHALL BE ELECTED IN 2001.
In the Conneaut municipal court, one full-time judge shall
be elected in 1953.
In the Coshocton municipal court, one full-time judge shall
be elected in 1951.
In the Crawford county municipal court, one full-time judge
shall be elected in 1977.
In the Cuyahoga Falls municipal court, one full-time judge
shall be elected in 1953, and one full-time judge shall be
elected in 1967.
In the Dayton municipal court, three full-time judges shall
be elected in 1987, their terms to commence on successive days
beginning on the first day of January next after their election,
and two full-time judges shall be elected in 1955, their terms to
commence on successive days beginning on the second day of
January next after their election.
In the Defiance municipal court, one full-time judge shall
be elected in 1957.
In the Delaware municipal court, one full-time judge shall
be elected in 1953.
In the East Cleveland municipal court, one full-time judge
shall be elected in 1957.
In the East Liverpool municipal court, one full-time judge
shall be elected in 1953.
In the Eaton municipal court, one full-time judge shall be
elected in 1973.
In the Elyria municipal court, one full-time judge shall be
elected in 1955, and one full-time judge shall be elected in
1973.
In the Euclid municipal court, one full-time judge shall be
elected in 1951.
In the Fairborn municipal court, one full-time judge shall
be elected in 1977.
In the Fairfield county municipal court, one full-time judge shall
be elected in 2003, and one full-time judge shall be elected in 2005.
In the Fairfield municipal court, one full-time judge shall
be elected in 1989.
In the Findlay municipal court, one full-time judge shall
be elected in 1955, and one full-time judge shall be elected in
1993.
In the Fostoria municipal court, one full-time judge shall
be elected in 1975.
In the Franklin municipal court, one part-time judge shall
be elected in 1951.
In the Franklin county municipal court, two full-time
judges shall be elected in 1969, three full-time judges shall be
elected in 1971, seven full-time judges shall be elected in 1967,
one full-time judge shall be elected in 1975, one full-time
judge shall be elected in 1991, and one full-time judge shall be
elected in 1997.
In the Fremont municipal court, one full-time judge shall
be elected in 1975.
In the Gallipolis municipal court, one full-time judge
shall be elected in 1981.
In the Garfield Heights municipal court, one full-time
judge shall be elected in 1951, and one full-time judge shall be
elected in 1981.
In the Girard municipal court, one full-time judge shall be
elected in 1963.
In the Hamilton municipal court, one full-time judge shall
be elected in 1953.
In the Hamilton county municipal court, five full-time
judges shall be elected in 1967, five full-time judges shall be
elected in 1971, two full-time judges shall be elected in 1981,
and two full-time judges shall be elected in 1983. All terms of
judges of the Hamilton county municipal court shall commence on
the first day of January next after their election, except that
the terms of the additional judges to be elected in 1981 shall
commence on January 2, 1982, and January 3, 1982, and that the
terms of the additional judges to be elected in 1983 shall
commence on January 4, 1984, and January 5, 1984.
In the Hardin county municipal court, one part-time judge
shall be elected in 1989.
In the Hillsboro municipal court, one part-time judge shall
be elected in 1957.
In the Hocking county municipal court, one full-time judge
shall be elected in 1977.
In the Huron municipal court, one part-time judge shall be
elected in 1967.
In the Ironton municipal court, one full-time judge shall
be elected in 1951.
In the Jackson county municipal court, one full-time judge
shall be elected in 2001. On and after March 31, 1997,
the part-time judge of
the Jackson county municipal court who was elected in 1995 shall serve as a
full-time judge of the court until the end of that judge's term on December
31, 2001.
In the Kettering municipal court, one full-time judge shall
be elected in 1971, and one full-time judge shall be elected in
1975.
In the Lakewood municipal court, one full-time judge shall
be elected in 1955.
In the Lancaster municipal court, one full-time judge shall
be elected in 1951, and one full-time judge shall be elected in
1979. Beginning January 2, 2000, the full-time judges of the
Lancaster municipal court who
were elected in 1997 and 1999 shall serve as judges of the Fairfield
county municipal court until the end
of those judges' terms.
In the Lawrence county municipal court, one part-time judge
shall be elected in 1981.
In the Lebanon municipal court, one part-time judge shall
be elected in 1955.
In the Licking county municipal court, one full-time judge
shall be elected in 1951, and one full-time judge shall be
elected in 1971.
In the Lima municipal court, one full-time judge shall be
elected in 1951, and one full-time judge shall be elected in
1967.
In the Lorain municipal court, one full-time judge shall be
elected in 1953, and one full-time judge shall be elected in
1973.
In the Lyndhurst municipal court, one part-time judge shall
be elected in 1957.
In the Madison county municipal court, one full-time judge
shall be elected in 1981.
In the Mansfield municipal court, one full-time judge shall
be elected in 1951, and one full-time judge shall be elected in
1969.
In the Marietta municipal court, one full-time judge shall
be elected in 1957.
In the Marion municipal court, one full-time judge shall be
elected in 1951.
In the Marysville municipal court, one part-time judge
shall be elected in 1963.
In the Mason municipal court, one part-time judge shall be
elected in 1965.
In the Massillon municipal court, one full-time judge shall
be elected in 1953, and one full-time judge shall be elected in
1971.
In the Maumee municipal court, one full-time judge shall be
elected in 1963.
In the Medina municipal court, one full-time judge shall be
elected in 1957.
In the Mentor municipal court, one full-time judge shall be
elected in 1971.
In the Miami county municipal court, one full-time judge
shall be elected in 1975, and one full-time judge shall be
elected in 1979.
In the Miamisburg municipal court, one part-time judge
shall be elected in 1951.
In the Middletown municipal court, one full-time judge
shall be elected in 1953.
In the Mount Vernon municipal court, one full-time judge
shall be elected in 1951.
In the Napoleon municipal court, one part-time judge shall
be elected in 1963.
In the New Philadelphia municipal court, one full-time
judge shall be elected in 1975.
In the Newton Falls municipal court, one full-time judge
shall be elected in 1963.
In the Niles municipal court, one full-time judge shall be
elected in 1951.
In the Norwalk municipal court, one full-time judge shall
be elected in 1975.
In the Oakwood municipal court, one part-time judge shall
be elected in 1953.
In the Oberlin municipal court, one full-time judge shall
be elected in 1989.
In the Oregon municipal court, one full-time judge shall be
elected in 1963.
In the Ottawa county municipal court, one full-time judge shall be elected in
1995, and the full-time judge of the Port Clinton municipal court who is
elected in 1989 shall serve as the judge of the Ottawa county municipal court
from February 4, 1994, until the end of that judge's term.
In the Painesville municipal court, one full-time judge
shall be elected in 1951.
In the Parma municipal court, one full-time judge shall be
elected in 1951, one full-time judge shall be elected in 1967,
and one full-time judge shall be elected in 1971.
In the Perrysburg municipal court, one full-time judge
shall be elected in 1977.
In the Portage county municipal court, two full-time judges
shall be elected in 1979, and one full-time judge shall be
elected in 1971.
In the Port Clinton municipal court, one full-time judge
shall be elected in 1953. The full-time judge of the Port Clinton municipal
court who is elected in 1989 shall serve as the judge of the Ottawa county
municipal court from February 4, 1994, until the end of that
judge's term.
In the Portsmouth municipal court, one full-time judge
shall be elected in 1951, and one full-time judge shall be
elected in 1985.
In the Rocky River municipal court, one full-time judge
shall be elected in 1957, and one full-time judge shall be
elected in 1971.
In the Sandusky municipal court, one full-time judge shall
be elected in 1953.
In the Shaker Heights municipal court, one full-time judge
shall be elected in 1957.
In the Shelby municipal court, one part-time judge shall be
elected in 1957.
In the Sidney municipal court, one full-time judge shall be
elected in 1995.
In the South Euclid municipal court, one full-time judge
shall be elected in 1999. The part-time judge elected in 1993, whose term
commenced on January 1, 1994, shall serve until December 31, 1999, and the
office of that judge is abolished on January 1, 2000.
In the Springfield municipal court, two full-time judges
shall be elected in 1985, and one full-time judge shall be
elected in 1983, all of whom shall serve as the judges of the
Springfield municipal court through December 31, 1987, and as the
judges of the Clark county municipal court from January 1, 1988,
until the end of their respective terms.
In the Steubenville municipal court, one full-time judge
shall be elected in 1953.
In the Struthers municipal court, one part-time judge shall
be elected in 1963.
In the Sylvania municipal court, one full-time judge shall
be elected in 1963.
In the Tiffin municipal court, one full-time judge shall be
elected in 1953.
In the Toledo municipal court, two full-time judges shall
be elected in 1971, four full-time judges shall be elected in
1975, and one full-time judge shall be elected in 1973.
In the Upper Sandusky municipal court, one part-time judge
shall be elected in 1957.
In the Vandalia municipal court, one full-time judge shall
be elected in 1959.
In the Van Wert municipal court, one full-time judge shall
be elected in 1957.
In the Vermilion municipal court, one part-time judge shall
be elected in 1965.
In the Wadsworth municipal court, one full-time judge shall
be elected in 1981.
In the Warren municipal court, one full-time judge shall be
elected in 1951, and one full-time judge shall be elected in
1971.
In the Washington Court House municipal court, one
full-time judge shall be elected in 1999. The part-time judge elected in
1993, whose term commenced on January 1, 1994, shall serve until December 31,
1999, and the office of that judge is abolished on January 1, 2000.
In the Wayne county municipal court, one full-time judge
shall be elected in 1975, and one full-time judge shall be
elected in 1979.
In the Willoughby municipal court, one full-time judge
shall be elected in 1951.
In the Wilmington municipal court, one full-time judge
shall be elected in 1991, who shall serve as the judge of the
Wilmington municipal court through June 30, 1992, and as the
judge of the Clinton county municipal court from July 1, 1992,
until the end of that judge's term on December 31, 1997.
In the Xenia municipal court, one full-time judge shall be
elected in 1977.
In the Youngstown municipal court, one full-time judge
shall be elected in 1951, and two full-time judges shall be
elected in 1953.
In the Zanesville municipal court, one full-time judge
shall be elected in 1953.
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, Medina, 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.
(2)(a) Except for the Alliance, Auglaize county, COLUMBIANA
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.
(d) IN THE
COLUMBIANA COUNTY MUNICIPAL
COURT, THE CLERK OF COURTS OF
COLUMBIANA COUNTY SHALL BE THE
CLERK OF THE MUNICIPAL COURT, MAY APPOINT A CHIEF DEPUTY
CLERK FOR EACH BRANCH OFFICE THAT IS ESTABLISHED PURSUANT TO SECTION
1901.311 OF THE REVISED
CODE, AND MAY APPOINT ANY ASSISTANT CLERKS THAT
THE JUDGES OF THE COURT DETERMINE ARE NECESSARY. ALL OF THE CHIEF DEPUTY
CLERKS AND ASSISTANT CLERKS SHALL RECEIVE THE COMPENSATION THAT THE
LEGISLATIVE AUTHORITY PRESCRIBES. THE CLERK OF COURTS OF
COLUMBIANA COUNTY, ACTING AS
THE CLERK OF THE COLUMBIANA
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
OR COLUMBIANA COUNTY
municipal court, for which the population of the territory is
less than one hundred thousand and in the Medina municipal
court, the clerk of a 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, the clerk of a 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.
Sec. 1901.34. (A) Except as provided in divisions (B) and
(D) of this section, the village solicitor, city director of law,
or similar chief legal officer for each municipal corporation
within the territory of a municipal court shall prosecute all
cases brought before the municipal court for criminal offenses
occurring within the municipal corporation for which he THAT
PERSON is the
solicitor, director of law, or similar chief legal officer.
Except as provided in division (B) of this section, the village
solicitor, city director of law, or similar chief legal officer
of the municipal corporation in which a municipal court is
located shall prosecute all criminal cases brought before the
court arising in the unincorporated areas within the territory of
the municipal court.
(B) The Auglaize county, Clermont county, Hocking county,
Jackson county, Ottawa county, and Portage county prosecuting
attorneys shall prosecute in municipal court all violations of
state law arising in their respective counties. The Crawford
county, Hamilton county, Madison county, and Wayne county
prosecuting attorneys shall prosecute all violations of state law
arising within the unincorporated areas of their respective
counties. THE COLUMBIANA COUNTY PROSECUTING ATTORNEY SHALL
PROSECUTE IN THE COLUMBIANA COUNTY MUNICIPAL COURT ALL VIOLATIONS OF
STATE LAW ARISING IN THE COUNTY, EXCEPT FOR VIOLATIONS ARISING IN THE
MUNICIPAL CORPORATION OF EAST LIVERPOOL, LIVERPOOL
TOWNSHIP, OR ST. CLAIR TOWNSHIP.
The prosecuting attorney of any county given the duty of
prosecuting in municipal court violations of state law shall
receive no additional compensation for assuming these additional
duties, except that the prosecuting attorney of Hamilton,
Portage, and Wayne counties shall receive compensation at the
rate of four thousand eight hundred dollars per year, and the
prosecuting attorney of Auglaize county shall receive
compensation at the rate of one thousand eight hundred dollars
per year, each payable from the county treasury of the respective
counties in semimonthly installments.
(C) The village solicitor, city director of law, or
similar chief legal officer shall perform the same duties,
insofar as they are applicable to him THE VILLAGE SOLICITOR, CITY
DIRECTOR OF LAW, OR SIMILAR CHIEF LEGAL OFFICER, as are required of the
prosecuting attorney of the county. He THE VILLAGE SOLICITOR, CITY
DIRECTOR OF LAW, SIMILAR CHIEF LEGAL OFFICER or his ANY
assistants whom he WHO
may appoint BE APPOINTED shall receive for such services
additional compensation to be paid from the treasury of the county as the
board of county commissioners prescribes.
(D) The prosecuting attorney of any county, other than
Auglaize, Clermont, Hocking, Jackson, Ottawa, or Portage county,
may enter into an agreement with any municipal corporation in the
county in which he THE PROSECUTING ATTORNEY serves pursuant to
which the prosecuting
attorney prosecutes all criminal cases brought before the
municipal court that has territorial jurisdiction over that
municipal corporation for criminal offenses occurring within the
municipal corporation. The prosecuting attorney of Auglaize,
Clermont, Hocking, Jackson, Ottawa, or Portage county may enter
into an agreement with any municipal corporation in the county in
which he THE PROSECUTING ATTORNEY serves pursuant to which the
respective prosecuting
attorney prosecutes all cases brought before the Auglaize,
Clermont, Hocking, Jackson, Ottawa, or Portage county municipal
court for violations of the ordinances of the municipal
corporation or for criminal offenses other than violations of
state law occurring within the municipal corporation. For
prosecuting these cases, the prosecuting attorney and the
municipal corporation may agree upon a fee to be paid by the
municipal corporation, which fee shall be paid into the county
treasury, to be used to cover expenses of the office of the
prosecuting attorney.
Sec. 1907.011. In addition to the territorial jurisdiction conferred by
section 1907.01 of the Revised Code, the county courts of Adams, Belmont,
Brown, Columbiana, Jefferson, Meigs, and Monroe counties have
jurisdiction
beyond the north or northwest shore of the Ohio river extending to the
opposite shore line, between the boundary lines of any adjacent municipal
courts or adjacent county courts. Each of the county courts that is given
jurisdiction on the Ohio river by this section has concurrent jurisdiction on
the Ohio river with any adjacent municipal courts or adjacent county courts
that border on that river and with any court of Kentucky or of West Virginia
that borders on the Ohio river and that has jurisdiction on the Ohio river
under the law of Kentucky or the law of West Virginia, whichever is
applicable, or under federal law.
Sec. 1907.11. (A) Each county court district shall have
the following county court judges, to be elected as follows:
In the Adams county county court, one part-time judge shall
be elected in 1982.
In the Ashtabula county county court, one part-time judge
shall be elected in 1980, and one part-time judge shall be
elected in 1982.
In the Belmont county county court, one part-time judge
shall be elected in 1992, term to commence on January 1, 1993,
and two part-time judges shall be elected in 1994, terms to
commence on January 1, 1995, and January 2, 1995, respectively.
In the Brown county county court, two part-time judges
shall be elected in 1994, terms to commence on January 1, 1995,
and January 2, 1995, respectively.
In the Butler county county court, one part-time judge
shall be elected in 1992, term to commence on January 1, 1993,
and two part-time judges shall be elected in 1994, terms to
commence on January 1, 1995, and January 2, 1995, respectively.
In the Carroll county county court, one part-time judge
shall be elected in 1982.
In the Columbiana county county court, one part-time judge
shall be elected in 1992, term to commence on January 1, 1993,
and two part-time judges shall be elected in 1994, terms to
commence on January 1, 1995, and January 2, 1995, respectively.
In the Darke county county court, one part-time judge shall
be elected in 1980, and one part-time judge shall be elected in
1982.
In the Erie county county court, one part-time judge shall
be elected in 1982.
In the Fulton county county court, one part-time judge
shall be elected in 1980, and one part-time judge shall be
elected in 1982.
In the Harrison county county court, one part-time judge
shall be elected in 1982.
In the Highland county county court, one part-time judge
shall be elected in 1982.
In the Holmes county county court, one part-time judge
shall be elected in 1982.
In the Jefferson county county court, one part-time judge
shall be elected in 1992, term to commence on January 1, 1993,
and two part-time judges shall be elected in 1994, terms to
commence on January 1, 1995, and January 2, 1995, respectively.
In the Mahoning county county court, one part-time judge
shall be elected in 1992, term to commence on January 1, 1993,
and three part-time judges shall be elected in 1994, terms to
commence on January 1, 1995, January 2, 1995, and January 3,
1995, respectively.
In the Meigs county county court, one part-time judge shall
be elected in 1982.
In the Monroe county county court, one part-time judge
shall be elected in 1982.
In the Montgomery county county court, three-time judge PART-TIME
JUDGES shall be elected in 1998, term TERMS to commence on January 1,
1999,
January 2, 1999, and January 3, 1999, respectively, and two
part-time judges shall be elected in 1994, terms to commence on
January 1, 1995, and January 2, 1995, respectively.
In the Morgan county county court, one part-time judge
shall be elected in 1982.
In the Morrow county county court, one part-time judge
shall be elected in 1982.
In the Muskingum county county court, one part-time judge
shall be elected in 1980, and one part-time judge shall be
elected in 1982.
In the Noble county county court, one part-time judge shall
be elected in 1982.
In the Paulding county county court, one part-time judge
shall be elected in 1982.
In the Perry county county court, one part-time judge shall
be elected in 1982.
In the Pike county county court, one part-time judge shall
be elected in 1982.
In the Putnam county county court, one part-time judge
shall be elected in 1980, and one part-time judge shall be
elected in 1982.
In the Sandusky county county court, two part-time judges
shall be elected in 1994, terms to commence on January 1, 1995,
and January 2, 1995, respectively.
In the Trumbull county county court, one part-time judge
shall be elected in 1992, and one part-time judge shall be
elected in 1994.
In the Tuscarawas county county court, one part-time judge
shall be elected in 1982.
In the Vinton county county court, one part-time judge
shall be elected in 1982.
In the Warren county county court, one part-time judge
shall be elected in 1980, and one part-time judge shall be
elected in 1982.
(B)(1) Additional judges shall be elected at the next
regular election for a county court judge as provided in section
1907.13 of the Revised Code.
(2) Vacancies caused by the death or the resignation from,
forfeiture of, or removal from office of a judge shall be filled
in accordance with section 107.08 of the Revised Code, except as
provided in section 1907.15 of the Revised Code.
Section 2. That existing sections 1901.01, 1901.02, 1901.021,
1901.027, 1901.03, 1901.08, 1901.31, 1901.34, 1907.011, and 1907.11 of
the Revised Code are hereby repealed.
Section 3. Sections 1 and 2 of this act, except for section
1901.08 of the Revised Code, shall take effect on January 1,
2002. Section 1901.08 of the Revised Code, as amended by this
act, shall take effect at the earliest time permitted by law.
Section 4. Effective January 1, 2002, the Columbiana County
County Court is abolished. All causes, judgments, executions,
and other proceedings pending in the Columbiana County County
Court at the close of business as of December 31, 2001, shall be
transferred to and proceed in the Columbiana County Municipal
Court as if originally instituted in the Columbiana County
Municipal Court. Parties to those causes, judgments,
executions, and proceedings may make any amendments to their
pleadings that are required to conform them to the rules of the
Columbiana County Municipal Court. The Clerk of the Columbiana
County County Court or other custodian shall transfer to the
Columbiana County Municipal Court all pleadings, orders,
entries, dockets, bonds, papers, records, books, exhibits,
files, moneys, property, and persons that belong to, are in the
possession of, or are subject to the jurisdiction of the
Columbiana County County Court, or any officer of that court, at
the close of business on December 31, 2001, and that pertain to
those causes, judgments, executions, and proceedings.
Effective January 1, 2002, the three part-time judgeships in the
Columbiana County County Court are abolished.
Section 5. The part-time judge of the Champaign County Municipal
Court who was elected in 1995 shall serve until the expiration of
the judge's term on December 31, 2001. The part-time judgeship of
the Champaign County Municipal Court is abolished effective
December 31, 2001.
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