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(124th General Assembly)
(Amended Substitute House Bill Number 530)
AN ACT
To amend sections 1901.01, 1901.02, 1901.027, 1901.03,
1901.04, 1901.08, 1901.11, 1901.31, 1901.34, 1905.01,
1907.011, 1907.11, 1907.16, 2301.03, 2313.13, and 2313.24 and to enact section 505.401 of the
Revised
Code to modify the small county exception
to the
drawing, summoning, and service of jurors
for a
term or part of a term of a court of common
pleas; to allow the board of trustees of a fire district to issue bonds for the purpose of acquiring fire-fighting equipment, buildings, and sites; to allow municipal court judges and county court judges to be paid in biweekly installments; to
create the
Brown County Municipal Court
in Georgetown on February
9, 2003,
establish one
full-time judgeship in that court,
abolish the
Brown
County
County Court on that date, designate
one of the part-time
judges of the Brown County
County Court to
continue after that
court is
abolished as the full-time judge of
the Brown
County
Municipal Court from February 9, 2003, until
December 31, 2005,
and continue the authority of
the mayor of
Georgetown to conduct a
mayor's court;
to create the Morrow County Municipal Court in
Mount Gilead on January 1, 2003, establish one
full-time judgeship
in that court, abolish the
Morrow County County Court on that
date, designate
the part-time judge of the Morrow County County
Court to continue after that court is abolished as
the full-time
judge of the Morrow County Municipal
Court from January 1, 2003,
until December 31,
2005, and continue the authority of the mayor
of
Mount Gilead to conduct a mayor's court; to confirm certain amendments of Sub. H.B. 8 of the 124th General Assembly; to amend
the versions of sections 1901.31 and 1905.01 of the
Revised Code that are scheduled to take effect on
January 1, 2004, to continue the provisions of this
act on and after that effective date; and to
declare an
emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 1901.01, 1901.02, 1901.027, 1901.03,
1901.04, 1901.08, 1901.11, 1901.31, 1901.34, 1905.01, 1907.011, 1907.16, 2301.03, 1907.11,
2313.13, and 2313.24 be amended and section 505.401 of the Revised
Code be enacted to read as
follows: Sec. 505.401. Pursuant to Chapter 133. of the Revised
Code, the board of trustees of a fire district organized under
division (C) of section 505.37 of the Revised Code may issue bonds
for the purpose of acquiring fire-fighting equipment, buildings,
and sites for the district or for the purpose of constructing or
improving buildings to house fire-fighting equipment.
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,
Georgetown, 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
Gilead,
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"; (22) The municipal court established in Georgetown that,
beginning February 9, 2003, shall be styled and known as the
"Brown county municipal court"; (23) The municipal court established in Mount Gilead that,
beginning January 1, 2003, shall be styled and known as the
"Morrow 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. Beginning February 9, 2003, the Brown county municipal court
has jurisdiction within Brown 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.
Beginning January 1, 2003, the Morrow county municipal court
has jurisdiction within Morrow 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. 1901.027. 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,
Georgetown,
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,
Brown county, Clermont county, Columbiana county, Crawford
county,
Hamilton county,
Hocking county, Jackson county, Lawrence
county,
Madison county,
Miami county,
Morrow 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. 1901.04. Upon the institution of a municipal court
other than the Brown county municipal court or the Morrow county
municipal court,
the jurisdiction of the mayor in all civil and
criminal causes
terminates within the municipal corporation in
which the
municipal court is located.
All other
The institution of
the Brown county municipal court or the Morrow county municipal
court does not terminate or affect the jurisdiction of the mayor
of Georgetown or the mayor of Mount Gilead, respectively, in any
civil or criminal cause. Upon the institution of either court, the
mayor of Georgetown and the mayor of Mount Gilead retain
jurisdiction in causes as described in section 1905.01 of the
Revised Code. Those mayors shall exercise that jurisdiction
concurrently with the municipal court. Upon the institution of a
municipal court, all mayors
of municipal corporations within the
territory
other than the municipal corporation in which the court
is located may retain any jurisdiction that is now provided in all
criminal causes involving violation of ordinances of their
respective municipal corporations and in all criminal causes
involving moving traffic violations occurring on state highways
located within their respective municipal corporations, to be
exercised concurrently with the municipal court. Upon the institution of a municipal court, the jurisdiction
of county courts in all civil and criminal causes terminates in
any township or municipal corporation that is entirely within the
territory. Upon the institution of a municipal court, all causes,
judgments, executions, and proceedings then pending in courts of
mayors and county courts within the territory as to which their
jurisdiction is terminated
by this section shall proceed in the
municipal court
as if originally instituted in the municipal
court. The parties
may make any amendments to their pleadings
that are required to
conform to the rules of the municipal court. In all cases over which the municipal court is given
jurisdiction and for which the jurisdiction of county courts and
the courts of mayors is terminated by
this section upon the
institution of the
municipal court, the 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 courts of
mayors or county courts or
any officer of either court and that
are in any municipal
corporation or township which is entirely
within the territory of
a municipal court shall be transferred by
their custodian to the
municipal court. If a part of any township
that was within the
jurisdiction of a county court is included
within the territory
of a 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 county
court or any officer of
the county court and that pertain to
causes, judgments,
executions, and proceedings then pending in the
county court and
arising from the court's jurisdiction in that
part of the
township within the territory of the municipal court
shall be
transferred by their custodian to the municipal court. The termination of a municipal court reinstates the
jurisdiction of the mayor of the municipal corporation in which
the terminated municipal court was located, if the jurisdiction of
the mayor was terminated by this section.
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 Brown county municipal court, one full-time judge
shall be elected in 2005. Beginning February 9, 2003, the
part-time judge of the Brown county county court that existed
prior to that date whose term commenced on January 2, 2001 shall
serve
as the full-time judge of the Brown
county municipal court
until
December 31, 2005. 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 full-time judge
shall be elected in 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 Morrow county municipal court, one full-time judge
shall be elected in 2005. Beginning January 1, 2003, the part-time
judge of the Morrow county county court that existed prior to that
date shall serve as the full-time judge of the Morrow county
municipal court until December 31, 2005.
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. 1901.11. (A)(1) Beginning July 1, 1997,
judges
designated as part-time judges by section 1901.08 of the Revised
Code, other than part-time judges to whom division
(B)(1)(a) of
this section applies, shall
receive as compensation thirty-five
thousand five hundred dollars each year in
addition to the
compensation payable from the state treasury under division
(A)(6)
of section 141.04 of the Revised Code. (2) Part-time judges shall be disqualified from the
practice
of law only as to matters pending or originating in the
courts in
which they serve during their terms of office. (B)(1)(a) Judges designated as full-time judges by section
1901.08 of the Revised Code, and all judges of territories having
a population of more than fifty thousand regardless of
designation, are subject to section 4705.01 of the Revised Code
and, pursuant to division (C) of this section, beginning July
1,
1997, shall receive as
compensation sixty-one thousand seven
hundred fifty
dollars per annum. (b) These judges also shall receive, in accordance with
division (B) of section 141.04 of the Revised Code, the
compensation described in division (A)(5) of that section from
the
state treasury. (2) The presiding judge of a municipal court who is also
the
administrative judge of the court, shall receive, pursuant to
division (C) of this section, an additional one thousand five
hundred dollars per annum. (C) The compensation of municipal judges that is described
in divisions
(A)(1) and (B)(1)(a) and (2) of
this section
shall
may be paid in
either biweekly installments or semimonthly
installments,
as determined by the payroll administrator,
three-fifths of the
amount being payable from the city treasury
and two-fifths of the
amount being payable from the treasury of
the county in which the
municipal corporation is situated, except
that all of the
compensation of the judges of a county-operated
municipal court that is
described in divisions (A)(1) and
(B)(1)(a) and
(2) of this
section shall be payable out of the
treasury of the county
in which the court is located. If the
territory is located in
two or more counties, a total of
two-fifths of the amount that is
described in divisions (A)(1) and
(B)(1)(a) and
(2) of this section shall be payable by all of the
counties in
proportionate shares from the treasury of each of the
counties in accordance
with the respective populations of that
portion of each of the
several counties within the jurisdiction of
the court. (D) No municipal judge shall hold any other office of
trust
or profit under the authority of this state or the United
States. (E) As used in this section, "compensation" does not
include
any portion of the cost, premium, or charge for sickness
and
accident insurance or other coverage of hospitalization,
surgical
care, major medical care, disability, dental care, eye
care,
medical care, hearing aids, and prescription drugs, or any
combination of those benefits or services, covering a judge of a
municipal court and paid on the judge's behalf by a governmental
entity.
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,
Brown
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
and Brown county
municipal
court
courts, the
clerk
clerks of
courts of Auglaize
county
and Brown
county
shall be the
clerk
clerks,
respectively, of the
Auglaize
county and
Brown county municipal
court
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
judge of
the
court determines are
necessary, all of whom shall
receive the
compensation that the
legislative authority
prescribes. The
clerk
clerks of courts of
Auglaize county
and
Brown county, acting as
the
clerk
clerks of the Auglaize county
and Brown
county
municipal
court
courts and assuming the
duties of
that
office
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) 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)(1) In a municipal court, other than the Auglaize county,
the Brown county,
the Columbiana county, and
the Lorain municipal
courts,
for which the population of the
territory is
less than one
hundred thousand and in the Medina
municipal
court, the clerk of
the municipal court
shall receive
the annual compensation that the
presiding judge of the court
prescribes, if the revenue of the
court for the preceding calendar
year, as
certified by the auditor
or chief fiscal officer of the
municipal corporation
in which the
court is located or, in the
case of a county-operated municipal
court, the county auditor, is
equal to or greater than the
expenditures,
including any debt
charges, for the operation of the
court payable under this
chapter
from the city treasury or, in the
case of a county-operated
municipal
court, the county treasury for
that calendar year, as
also certified by the
auditor or chief
fiscal officer. If the
revenue of a municipal court, other
than
the
Auglaize county,
the
Brown county, the Columbiana county, and
the
Lorain municipal courts, for which
the population of the
territory
is less than one hundred thousand or the
revenue of the
Medina
municipal court for the preceding calendar year
as so
certified is
not equal to or greater than those expenditures for
the
operation
of the court for that calendar year as so certified,
the clerk of
a
municipal court shall receive the annual
compensation that the
legislative
authority prescribes.
As used
in this division,
"revenue" means
the total of all costs and fees
that are collected
and paid to the city
treasury or, in a
county-operated municipal
court, the county treasury by the
clerk
of the municipal court
under division (F) of this section and
all
interest received and
paid to the city treasury or, in a
county-operated
municipal
court, the county treasury in relation
to the costs and fees under
division (G) of this section. (2) 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
municipal court, the
clerk of 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.
(3) The compensation
of a clerk described in division (C)(1)
or (2) of this
section 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 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,
Brown county, Clermont county,
Hocking county,
Jackson county,
Morrow 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 the village solicitor, city
director of law, or
similar chief legal officer, as are required of the
prosecuting
attorney of the county. The village solicitor, city
director of
law, similar chief legal officer or any
assistants who
may 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,
Brown, Clermont, Hocking, Jackson,
Morrow, Ottawa, or
Portage
county,
may enter into an agreement with any municipal
corporation
in the
county in which the prosecuting attorney serves
pursuant to
which
the prosecuting
attorney prosecutes all criminal
cases
brought
before the
municipal court that has territorial
jurisdiction over
that
municipal corporation for criminal offenses
occurring within
the
municipal corporation. The prosecuting
attorney of Auglaize,
Brown,
Clermont, Hocking, Jackson,
Morrow,
Ottawa,
or Portage county may enter
into an agreement with any
municipal
corporation in the county in
which the prosecuting
attorney serves
pursuant to which the
respective prosecuting
attorney prosecutes
all cases brought
before the Auglaize
county,
Brown county,
Clermont
county, Hocking
county, Jackson
county,
Morrow county, Ottawa
county, or
Portage county municipal
court
for violations of the ordinances of
the municipal
corporation or
for criminal offenses other than
violations of
state law occurring
within the municipal
corporation. 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. 1905.01. (A) In
Georgetown in Brown county, in Mount
Gilead in Morrow county, and in all
other municipal corporations,
other than
Batavia in Clermont
county, not being
the site of a
municipal court nor a place where
a judge of the
Auglaize county,
Crawford county, Jackson county,
Miami county,
Portage county, or
Wayne county municipal court sits
as required
pursuant to section
1901.021 of the Revised Code or by
designation of the judges
pursuant to section 1901.021 of the
Revised Code, the mayor of the
municipal corporation has
jurisdiction, except as provided in
divisions (B),
(C), and (E) of
this
section and subject to the
limitation contained in section
1905.03 and the limitation
contained in section 1905.031 of the
Revised Code, to hear and
determine any prosecution for the
violation of an ordinance of the
municipal corporation, to hear
and determine any case involving a
violation of a vehicle parking
or standing ordinance of the
municipal corporation unless the
violation is required to be
handled by a parking violations
bureau
or joint parking violations
bureau pursuant to Chapter
4521. of
the Revised Code, and to hear
and determine all criminal
causes
involving any moving traffic
violation occurring on a
state
highway located within the
boundaries of the municipal
corporation, subject to the
limitations of sections 2937.08 and
2938.04 of the Revised Code. (B)(1) In
Georgetown in Brown county, in Mount Gilead in
Morrow county, and in all
other
municipal corporations, other than
Batavia
in Clermont county, not
being the site of
a municipal
court nor a place where a judge of a
court listed in
division (A)
of this section sits as required
pursuant to section
1901.021 of
the Revised Code or by designation
of the judges
pursuant to
section 1901.021 of the Revised Code,
the mayor of
the municipal
corporation has jurisdiction, subject
to the
limitation contained
in section 1905.03 of the Revised
Code, to
hear and determine
prosecutions involving a violation of
an
ordinance of the
municipal corporation relating to operating a
vehicle while under
the influence of alcohol, a drug of abuse, or
alcohol and a drug
of abuse or relating to operating a vehicle
with a prohibited
concentration of alcohol in the blood, breath,
or urine, and to
hear and determine criminal causes involving a
violation of
section 4511.19 of the Revised Code that occur on a
state highway
located within the boundaries of the municipal
corporation,
subject to the limitations of sections 2937.08 and
2938.04 of the
Revised Code, only if the person charged with the
violation,
within six years of the date of the violation
charged,
has not
been convicted of or pleaded guilty to any of
the
following: (a) A violation of an ordinance of any municipal
corporation
relating to operating a vehicle while under the
influence of
alcohol, a drug of abuse, or alcohol and a drug of
abuse or
relating to operating a vehicle with a prohibited
concentration of
alcohol in the blood, breath, or urine; (b) A violation of section 4511.19 of the Revised Code; (c) A violation of any ordinance of any municipal
corporation or of any section of the Revised Code that regulates
the operation of vehicles, streetcars, and trackless trolleys
upon
the highways or streets, in relation to which all of the
following
apply: (i) The person, in the case in which the conviction was
obtained or the plea of guilty was entered, had been charged with
a violation of an ordinance of any municipal corporation relating
to operating a vehicle while under the influence of alcohol, a
drug of abuse, or alcohol and a drug of abuse or relating to
operating a vehicle with a prohibited concentration of alcohol in
the blood, breath, or urine, or with a violation of section
4511.19 of the Revised Code; (ii) The charge of the violation described in division
(B)(1)(c)(i) of this section was dismissed or reduced; (iii) The violation of which the person was convicted or
to
which the person pleaded guilty arose out of the same
facts and
circumstances and the same act as did the charge that was
dismissed or reduced. (d) A violation of a statute of the United States or of any
other state or a
municipal ordinance of a municipal corporation
located in any other state that
is substantially similar to
section 4511.19 of the Revised Code. (2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (B)(1)(a) or
(b)
of this section, regardless of where the violation occurred,
if
the person charged with the violation, within six years of
the
violation charged, has been convicted of or pleaded guilty to
any
violation listed in division (B)(1)(a), (b), (c), or
(d) of this
section. If the mayor of a municipal corporation, in hearing a
prosecution involving a violation of an ordinance of the
municipal
corporation the mayor serves relating to operating
a vehicle while
under the influence of alcohol, a drug of abuse, or alcohol
and a
drug of abuse or relating to operating a vehicle with a
prohibited
concentration of alcohol in the blood, breath, or
urine, or in
hearing a criminal cause involving a violation of
section 4511.19
of the Revised Code, determines that the person
charged, within
six years of the violation charged, has
been
convicted of or
pleaded guilty to any violation listed in
division (B)(1)(a), (b),
(c), or (d) of this
section, the mayor
immediately shall transfer
the case to the county court or
municipal court with jurisdiction
over the violation charged, in
accordance with section 1905.032 of
the Revised Code. (C)(1) In
Georgetown in Brown county, in Mount Gilead in
Morrow county, and in all
other
municipal corporations, other than
Batavia
in Clermont county, not
being the site of
a municipal
court and not being a place where a
judge of a court
listed in
division (A) of this section sits as
required pursuant
to section
1901.021 of the Revised Code or by
designation of the
judges
pursuant to section 1901.021 of the
Revised Code, the
mayor of the
municipal corporation, subject to
sections 1901.031,
2937.08, and
2938.04 of the Revised Code, has
jurisdiction to
hear and
determine prosecutions involving a
violation of a
municipal
ordinance that is substantially
equivalent to division
(B)(1) or
(D)(2) of section 4507.02 of the
Revised Code and to
hear and
determine criminal causes that
involve a moving traffic
violation,
that involve a violation of
division (B)(1) or (D)(2)
of section
4507.02 of the Revised Code,
and that occur on a state
highway
located within the boundaries of
the municipal
corporation only if
all of the following apply
regarding the
violation and the person
charged: (a) Regarding a violation of division (B)(1) of section
4507.02 of the Revised Code or a violation of a municipal
ordinance that is substantially equivalent to that division, the
person charged with the violation, within five years of the date
of the violation charged, has not been convicted of or pleaded
guilty to any of the following: (i) A violation of division (B)(1) of section 4507.02 of
the
Revised Code; (ii) A violation of a municipal ordinance that is
substantially equivalent to division (B)(1) of section 4507.02 of
the Revised Code; (iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets,
in a case in which, after a charge against the person of a
violation of a type described in division (C)(1)(a)(i) or (ii) of
this section was dismissed or reduced, the person is convicted of
or pleads guilty to a violation that arose out of the same facts
and circumstances and the same act as did the charge that was
dismissed or reduced. (b) Regarding a violation of division (D)(2) of section
4507.02 of the Revised Code or a violation of a municipal
ordinance that is substantially equivalent to that division, the
person charged with the violation, within five years of the date
of the violation charged, has not been convicted of or pleaded
guilty to any of the following: (i) A violation of division (D)(2) of section 4507.02 of
the
Revised Code; (ii) A violation of a municipal ordinance that is
substantially equivalent to division (D)(2) of section 4507.02 of
the Revised Code; (iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets
in
a case in which, after a charge against the person of a
violation
of a type described in division (C)(1)(b)(i) or (ii) of
this
section was dismissed or reduced, the person is convicted of
or
pleads guilty to a violation that arose out of the same facts
and
circumstances and the same act as did the charge that was
dismissed or reduced. (2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (C)(1)(a)(i) or
(ii) of this section if the person charged with the violation,
within five years of the violation charged, has been convicted of
or pleaded guilty to any violation listed in division
(C)(1)(a)(i), (ii), or (iii) of this section and does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (C)(1)(b)(i) or
(ii) of this section if the person charged with the violation,
within five years of the violation charged, has been convicted of
or pleaded guilty to any violation listed in division
(C)(1)(b)(i), (ii), or (iii) of this section. (3) If the mayor of a municipal corporation, in hearing a
prosecution involving a violation of an ordinance of the
municipal
corporation the mayor serves that is substantially
equivalent
to
division (B)(1) or (D)(2) of section 4507.02 of the Revised
Code
or a violation of division (B)(1) or (D)(2) of section
4507.02 of
the Revised Code, determines that, under division
(C)(2) of this
section, mayors do not have jurisdiction
of the prosecution, the
mayor immediately shall transfer the case to the
county court or
municipal court with jurisdiction over the violation in
accordance
with section 1905.032 of the Revised Code. (D) If the mayor of a municipal corporation has
jurisdiction
pursuant to division (B)(1) of this section to hear
and determine
a prosecution or criminal cause involving a
violation described in
division (B)(1)(a) or (b) of this section,
the authority of the
mayor to hear or determine the prosecution
or cause is subject to
the limitation contained in division (C)
of section 1905.03 of the
Revised Code. If the mayor of a
municipal corporation has
jurisdiction pursuant to division (A)
or (C) of this section to
hear and determine a prosecution or
criminal cause involving a
violation other than a violation
described in division (B)(1)(a)
or (b) of this section, the
authority of the mayor to hear or
determine the prosecution or
cause is subject to the limitation
contained in division
(C) of section 1905.031 of the Revised Code. (E)(1) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving
any of the following: (a) A violation of section 2919.25 or 2919.27 of the Revised
Code; (b) A violation of section 2903.11, 2903.12, 2903.13,
2903.211,
or 2911.211 of the Revised Code that involves a
person
who was a family or household member
of the defendant at the time
of the violation; (c) A violation of a municipal ordinance that is
substantially
equivalent to an offense described in division
(E)(1)(a)
or (b) of this section and that involves a person who
was a
family or household member of the defendant at the time of
the violation. (2) The mayor of a municipal corporation does not have
jurisdiction to
hear and determine a motion filed pursuant to
section
2919.26 of the Revised Code or filed pursuant to a
municipal ordinance that is
substantially
equivalent to that
section or to issue a protection order pursuant to that section or
a
substantially equivalent municipal ordinance. (3) As used in this section, "family or household member"
has the same
meaning as in section 2919.25 of the Revised Code. (F) In keeping a docket and files, the mayor, and a
mayor's
court magistrate appointed under section 1905.05 of the
Revised
Code, shall be governed by the laws pertaining to county
courts.
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, 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 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 part-time
judges
shall be elected in 1998, 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.
Sec. 1907.16. (A) Beginning July 1, 1997,
judges of a
county court shall receive as compensation
thirty-five thousand
five hundred dollars each year in
addition to the compensation
payable under division
(A)(6) of section 141.04
of the Revised
Code. (B) The compensation of judges of a county court
shall
may
be
paid in
either biweekly installments or semimonthly
installments, as determined by the payroll administrator, and
shall be paid from the treasury of the county
in which the court
is situated. A judge of a county court shall be disqualified from the
practice of law only as to matters pending or originating in that
county court during the judge's term of office. No county court
judge shall hold any other office of trust or profit under the
authority of this state or the United States. (C) The presiding judge of a county court who is also the
administrative
judge of the court shall receive, pursuant to
division (B) of this
section, an additional one thousand five
hundred dollars per annum. (D) As used in this section, "compensation" does not
include
any portion of the cost, premium, or charge for health,
medical,
hospital, dental, or surgical benefits, or any
combination of
those benefits, covering a judge of the county
court and paid on
the judge's behalf from the treasury of the county in which
the
court is located. Sec. 2301.03. (A) In Franklin county, the judges of the
court of common pleas whose terms begin on January 1, 1953,
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,
1997, and
successors, shall have the same qualifications, exercise
the same
powers and jurisdiction, and receive the same
compensation as
other judges of the court of common pleas of
Franklin county and
shall be elected and designated as judges of
the court of common
pleas, division of domestic relations. They
shall have all the
powers relating to juvenile courts, and all
cases under
Chapters 2151. and 2152. of the Revised Code,
all
parentage proceedings under
Chapter 3111. of the Revised Code over
which the juvenile court
has jurisdiction, and all divorce,
dissolution of marriage, legal
separation, and annulment cases
shall be assigned to them. In
addition to the judge's regular
duties, the judge who is
senior in point
of service shall serve on
the children services board and the
county advisory board and
shall be the administrator of the
domestic relations division and
its subdivisions and departments. (B) In Hamilton county: (1) The judge of the court of
common pleas, whose term
begins on January 1, 1957, and
successors, and the judge of the
court of common pleas, whose
term begins on February 14, 1967, and
successors, shall be the
juvenile judges as provided in Chapters
2151.
and 2152. of the Revised Code,
with the powers and
jurisdiction conferred by those
chapters. (2) The judges of the court of common pleas whose terms
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and
successors, shall be elected and designated as judges of the
court
of common pleas, division of domestic relations, and shall
have
assigned to them all divorce, dissolution of marriage, legal
separation, and annulment cases coming before the court. On or
after the first day of July and before the first day of August of
1991 and each year thereafter, a majority of the judges of the
division of domestic relations shall elect one of the judges of
the division as administrative judge of that division. If a
majority of the judges of the division of domestic relations are
unable for any reason to elect an
administrative judge for the
division before the first day of
August, a majority of the judges
of the Hamilton
county court of common pleas, as soon as possible
after that
date, shall elect one of the judges of the division of
domestic
relations as administrative judge of that division. The
term of
the administrative judge shall begin on the earlier of the
first
day of August of the year in which the administrative judge
is elected or
the date on which the administrative judge is
elected by a
majority of the
judges of the Hamilton
county court
of common pleas and shall terminate on the date on
which the
administrative judge's successor is elected in the
following
year. In addition to the judge's regular duties, the
administrative
judge
of the division of domestic relations shall be the
administrator
of the domestic relations division and its
subdivisions and
departments and shall have charge of the
employment, assignment,
and supervision of the personnel of the
division engaged in
handling, servicing, or investigating divorce,
dissolution of
marriage, legal separation, and annulment cases,
including any
referees considered necessary by the judges in the
discharge of
their various duties. The administrative judge of the division of domestic
relations also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division, and shall fix the duties of its
personnel. The duties of the personnel, in addition to those
provided for in other sections of the Revised Code, shall include
the handling, servicing, and investigation of divorce,
dissolution
of marriage, legal separation, and annulment cases
and counseling
and conciliation services that may be made
available to persons
requesting them, whether or not the persons
are parties to an
action pending in the division. The board of county commissioners shall appropriate the sum
of money each year as will meet all the administrative expenses
of
the division of domestic relations, including reasonable
expenses
of the domestic relations judges and the division
counselors and
other employees designated to conduct the
handling, servicing, and
investigation of divorce, dissolution of
marriage, legal
separation, and annulment cases, conciliation and
counseling, and
all matters relating to those cases and
counseling, and the
expenses involved in the attendance of
division personnel at
domestic relations and welfare conferences
designated by the
division, and the further sum each year as will
provide for the
adequate operation of the division of domestic
relations. The compensation and expenses of all employees and the
salary
and expenses of the judges shall be paid by the county
treasurer
from the money appropriated for the operation of the
division,
upon the warrant of the county auditor, certified to by
the
administrative judge of the division of domestic relations. The summonses, warrants, citations, subpoenas, and other
writs of the division may issue to a bailiff, constable, or staff
investigator of the division or to the sheriff of any county or
any marshal, constable, or police officer, and the provisions of
law relating to the subpoenaing of witnesses in other cases shall
apply insofar as they are applicable. When a summons, warrant,
citation, subpoena, or other writ is issued to an officer, other
than a bailiff, constable, or staff investigator of the division,
the expense of serving it shall be assessed as a part of the
costs
in the case involved. (3) The judge of the court of common pleas of
Hamilton
county whose term begins on
January 3, 1997,
and the successor to
that judge whose term begins on January 3, 2003, shall
each be
elected and
designated for one term only as the drug court judge
of the court
of common
pleas of
Hamilton
county, and the. The
successors to
that
the
judge
whose term begins on January 3, 2003,
shall be elected
and designated as judges
of the general
division
of the court of common pleas
of Hamilton
county and shall
not have
the
authority granted by division (B)(3)
of this
section.
The drug
court judge may accept or reject any
case referred to the
drug
court judge under division (B)(3) of
this
section. After the
drug
court judge accepts a referred case,
the drug court
judge has
full
authority over the case, including
the authority to
conduct
arraignment, accept pleas, enter findings
and dispositions,
conduct
trials, order treatment, and if
treatment is not
successfully completed
pronounce and enter
sentence.
A judge of the general division of the court of common pleas
of
Hamilton
county and a judge of the
Hamilton
county municipal
court may refer to
the drug court judge any case,
and any
companion cases, the judge determines
meet the criteria
described
under divisions
(B)(3)(a) and
(b) of this section. If
the drug
court judge accepts
referral of a referred case, the
case, and any
companion cases, shall be
transferred
to the drug
court judge. A
judge may refer a case meeting the criteria
described in divisions
(B)(3)(a)
and (b) of this section that
involves a violation of
a
term of probation to the drug court
judge, and, if the drug court
judge
accepts
the referral, the
referring judge and the drug court
judge have
concurrent
jurisdiction over the case. A judge of the general division of the court of common pleas
of
Hamilton
county and a judge of the Hamilton
county municipal
court may refer a case to the drug court judge
under division
(B)(3)
of this section if the judge determines that
both of the
following apply: (a) One of the following applies: (i) The case involves a drug abuse offense, as defined in
section
2925.01 of the Revised
Code, that is a felony of the third
or fourth
degree if the offense is committed prior to July 1,
1996, a felony of
the third, fourth, or fifth degree if the
offense is committed on or after
July 1, 1996, or a misdemeanor. (ii) The case involves a theft offense, as defined in
section
2913.01 of the Revised
Code, that is a felony of the third
or fourth
degree if the offense is committed prior to July 1,
1996, a felony of
the third, fourth, or fifth degree if the
offense is committed on or after
July 1, 1996, or a misdemeanor,
and the defendant is drug or alcohol
dependent or in danger of
becoming drug or alcohol dependent and would benefit
from
treatment. (b) All of the following apply: (i) The case involves a probationable offense or a case in
which
a mandatory prison term is not required to be imposed. (ii) The defendant has no history of violent behavior. (iii) The defendant has no history of mental illness. (iv) The defendant's current or past behavior, or both, is
drug
or alcohol driven. (v) The defendant demonstrates a sincere willingness to
participate in a fifteen-month treatment process. (vi) The defendant has no acute health condition. (vii) If the defendant is incarcerated, the county
prosecutor
approves of the referral. (4) If the administrative judge of the court of common pleas
of
Hamilton county determines that the volume of cases pending
before
the drug court judge does not constitute a sufficient
caseload for the drug
court judge, the administrative judge, in
accordance with the Rules
of Superintendence for Courts of Common
Pleas, shall assign individual cases to the drug court judge from
the
general docket of the court. If the assignments so occur, the
administrative
judge shall cease the assignments when the
administrative judge determines
that the volume of cases pending
before the drug court judge constitutes a
sufficient caseload for
the drug court judge. (C) In Lorain county, the judges of the court of common
pleas whose terms begin on January 3, 1959, January 4, 1989, and
January 2, 1999,
and successors, shall have the same
qualifications, exercise the
same powers and jurisdiction, and
receive the same compensation
as the other judges of the court of
common pleas of Lorain county
and shall be elected and designated
as the judges of the court of
common pleas, division of domestic
relations. They shall have
all of the powers relating to juvenile
courts, and all cases
under Chapters 2151. and 2152.
of the
Revised Code, all parentage
proceedings over which the juvenile
court has jurisdiction, and
all divorce, dissolution of marriage,
legal separation, and
annulment cases shall be assigned to them,
except cases
that for some special reason are assigned to some
other judge of
the court of common pleas. (D) In Lucas county: (1) The judges of the court of common
pleas whose terms
begin on January 1, 1955, and January 3, 1965,
and successors,
shall have the same qualifications, exercise the
same powers and
jurisdiction, and receive the same compensation
as other judges of
the court of common pleas of Lucas county and
shall be elected and
designated as judges of the court of common
pleas, division of
domestic relations. All divorce, dissolution
of marriage, legal
separation, and annulment cases shall be
assigned to them. The judge of the division of domestic relations, senior in
point of service, shall be considered as the presiding judge of
the court of common pleas, division of domestic relations, and
shall be charged exclusively with the assignment and division of
the work of the division and the employment and supervision of
all
other personnel of the domestic relations division. (2) The judges of the court of common pleas whose terms
begin on January 5, 1977, and January 2, 1991, and successors
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Lucas county, shall be elected
and
designated as judges of the court of common pleas, juvenile
division, and shall be the juvenile judges as provided in
Chapters 2151. and 2152. of the Revised Code
with the powers and
jurisdictions
conferred by those chapters. In addition to the
judge's
regular duties,
the judge of the court of common pleas,
juvenile division, senior
in point of service, shall be the
administrator of the juvenile
division and its subdivisions and
departments and shall have
charge of the employment, assignment,
and supervision of the
personnel of the division engaged in
handling, servicing, or
investigating juvenile cases, including
any referees considered
necessary by the judges of the division in
the discharge of their
various duties. The judge of the court of common pleas, juvenile division,
senior in point of service, also shall designate the title,
compensation, expense allowance, hours, leaves of absence, and
vacation of the personnel of the division and shall fix the
duties
of the personnel of the division. The duties of the
personnel, in
addition to other statutory duties include the
handling,
servicing, and investigation of juvenile cases and
counseling and
conciliation services that may be made available
to persons
requesting them, whether or not the persons are
parties to an
action pending in the division. (3) If one of the judges of the court of common pleas,
division of domestic relations, or one of the judges of the
juvenile division is sick, absent, or unable to perform that
judge's judicial duties or the volume of cases pending in
that
judge's division necessitates it, the duties shall be performed by
the
judges of
the other of those divisions. (E) In Mahoning county: (1) The judge of the court of
common pleas whose term began
on January 1, 1955, and successors,
shall have the same
qualifications, exercise the same powers and
jurisdiction, and
receive the same compensation as other judges
of the court of
common pleas of Mahoning county, shall be elected
and designated
as judge of the court of common pleas, division of
domestic
relations, and shall be assigned all
the
divorce, dissolution of
marriage, legal separation, and annulment
cases coming before the
court. In addition to the judge's
regular duties, the judge of
the court of common pleas, division of
domestic relations, shall
be the administrator of the domestic
relations division and its
subdivisions and departments and shall
have charge of the
employment, assignment, and supervision of the
personnel of the
division engaged in handling, servicing, or
investigating divorce,
dissolution of marriage, legal separation,
and annulment cases,
including any referees considered necessary
in the discharge of
the various duties of the judge's
office. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases and counseling and
conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division. (2) The judge of the court of common pleas whose term
began
on January 2, 1969, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Mahoning county, shall be elected and designated
as judge of the court of common pleas, juvenile division, and
shall
be the juvenile judge as provided in Chapters
2151. and
2152. of the Revised
Code, with the powers and jurisdictions
conferred by those chapters. In addition to the judge's regular
duties,
the
judge of the
court of common pleas, juvenile division,
shall be the
administrator of the juvenile division and its
subdivisions and
departments and shall have charge of the
employment, assignment,
and supervision of the personnel of the
division engaged in
handling, servicing, or investigating juvenile
cases, including
any referees considered necessary by the judge in
the discharge
of the judge's various duties. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of juvenile cases and counseling and
conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division. (3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties, or the
volume of
cases
pending in that judge's division necessitates it,
that
judge's duties shall be performed by
another judge of the court of
common pleas. (F) In Montgomery county: (1) The judges of the court of
common pleas whose terms
begin on January 2, 1953, and January 4,
1977, and successors,
shall have the same qualifications,
exercise the same powers and
jurisdiction, and receive the same
compensation as other judges of
the court of common pleas of
Montgomery county and shall be
elected and designated as judges
of the court of common pleas,
division of domestic relations.
These judges shall have assigned
to them all divorce, dissolution
of marriage, legal separation,
and annulment cases. The judge of the division of domestic relations, senior in
point of service, shall be charged exclusively with the
assignment
and division of the work of the division and shall
have charge of
the employment and supervision of the personnel of
the division
engaged in handling, servicing, or investigating
divorce,
dissolution of marriage, legal separation, and annulment
cases,
including any necessary referees, except those employees
who may
be appointed by the judge, junior in point of service,
under this
section and sections 2301.12, 2301.18, and 2301.19 of
the Revised
Code. The judge of the division of domestic
relations, senior in
point of service, also shall designate the
title, compensation,
expense allowances, hours, leaves of
absence, and vacation of the
personnel of the division and shall
fix their duties. (2) The judges of the court of common pleas whose terms
begin on January 1, 1953, and January 1, 1993, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Montgomery county, shall be
elected
and designated as judges of the court of common pleas,
juvenile
division, and shall be, and have the powers and
jurisdiction of,
the juvenile judge as provided in
Chapters 2151. and 2152. of the
Revised Code. In addition to the judge's regular duties, the judge of the
court
of common pleas, juvenile division, senior in point of
service,
shall be the administrator of the juvenile division and
its
subdivisions and departments and shall have charge of the
employment, assignment, and supervision of the personnel of the
juvenile division, including any necessary referees, who are
engaged in handling, servicing, or investigating juvenile cases.
The judge, senior in point of service, also shall designate the
title, compensation, expense allowances, hours, leaves of
absence,
and vacation of the personnel of the division and shall
fix their
duties. The duties of the personnel, in addition to
other
statutory duties, shall include the handling, servicing,
and
investigation of juvenile cases and of any counseling and
conciliation services that are available upon request to persons,
whether or not they are parties to an action pending in the
division. If one of the judges of the court of common pleas, division
of domestic relations, or one of the judges of the court of
common
pleas, juvenile division, is sick, absent, or unable to
perform
that judge's duties or the volume of cases pending
in
that judge's
division necessitates it, the duties of that
judge may be
performed by the
judge or judges of the other of those divisions. (G) In Richland county, the judge of the court of common
pleas whose term begins on January 1, 1957, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Richland county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. That judge shall have all of
the
powers
relating to juvenile courts, and all cases under
Chapters
2151. and 2152. of
the Revised Code, all parentage proceedings
over which the
juvenile court has jurisdiction, and all divorce,
dissolution of
marriage, legal separation, and annulment cases
shall be assigned
to that judge, except in cases that for some
special reason
are assigned
to some other judge of the court of
common pleas. (H) In Stark county, the judges of the court of common
pleas
whose terms begin on January 1, 1953, January 2, 1959, and
January
1, 1993, and successors, shall have the same
qualifications,
exercise the same powers and jurisdiction, and
receive the same
compensation as other judges of the court of
common pleas of Stark
county and shall be elected and designated
as judges of the court
of common pleas, division of domestic
relations. They shall have
all the powers relating to juvenile
courts, and all cases under
Chapters 2151.
and 2152. of the Revised Code,
all parentage
proceedings over which the juvenile court has
jurisdiction, and
all divorce, dissolution of marriage, legal
separation, and
annulment cases, except cases that are assigned
to some other
judge of the court of common pleas for some special
reason, shall
be assigned to the judges. The judge of the division of domestic relations, second
most
senior in point of service, shall have charge of the
employment
and supervision of the personnel of the division
engaged in
handling, servicing, or investigating divorce,
dissolution of
marriage, legal separation, and annulment cases,
and necessary
referees required for the judge's respective
court. The judge of the division of domestic relations, senior in
point of service, shall be charged exclusively with the
administration of sections 2151.13, 2151.16, 2151.17, and
2152.71
of the Revised Code and with the assignment and division of the
work of the division and the employment and supervision of all
other personnel of the division, including, but not limited to,
that judge's necessary referees, but excepting those
employees who
may be
appointed by the judge second most senior in point of
service. The senior
judge further shall serve in every
other
position in which the statutes permit or require a
juvenile judge
to serve. (I) In Summit county: (1) The judges of the court of common pleas whose terms
begin on January 4, 1967, and January 6, 1993, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Summit county and shall be
elected
and designated as judges of the court of common pleas,
division of
domestic relations. The judges of the division of
domestic
relations shall have assigned to them and hear all
divorce,
dissolution of marriage, legal separation, and annulment
cases
that come before the court.
Except in cases that are subject to
the exclusive original
jurisdiction of the juvenile court, the
judges of the division of
domestic relations shall have assigned
to them and hear all cases
pertaining to paternity, custody,
visitation, child support, or
the allocation of parental rights
and responsibilities for the
care of children and all post-decree
proceedings arising from any
case pertaining to any of those
matters. The judges of the division of
domestic relations shall
have assigned to them and hear all
proceedings under the uniform
interstate family support act
contained in Chapter 3115. of the
Revised Code. The judge of the division of domestic relations, senior in
point of service, shall be the administrator of the domestic
relations division and its subdivisions and departments and shall
have charge of the employment, assignment, and supervision of the
personnel of the division, including any necessary referees, who
are engaged in handling, servicing, or investigating divorce,
dissolution of marriage, legal separation, and annulment cases.
That judge also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, shall
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases
and
of any counseling and conciliation services that are
available
upon request to all persons, whether or not they are
parties to an
action pending in the division. (2) The judge of the court of common pleas whose term
begins
on January 1, 1955, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Summit county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be, and have the powers and jurisdiction of, the juvenile judge
as
provided in Chapters 2151. and
2152. of the Revised Code.
Except
in cases that are subject to the exclusive original
jurisdiction
of the juvenile court, the judge of the juvenile division
shall
not have jurisdiction or the power to hear, and shall not be
assigned, any case pertaining to paternity, custody, visitation,
child
support, or the allocation of parental rights and
responsibilities
for the care of children or any post-decree
proceeding arising
from any case pertaining to any of those
matters. The judge of the juvenile
division shall not have
jurisdiction or the power to hear, and
shall not be assigned, any
proceeding under the uniform interstate
family support act
contained in Chapter 3115. of the Revised Code. The juvenile judge shall be the administrator of the
juvenile
division and its subdivisions and departments and shall
have
charge of the employment, assignment, and supervision of the
personnel of the juvenile division, including any necessary
referees, who are engaged in handling, servicing, or
investigating
juvenile cases. The judge also shall designate the
title,
compensation, expense allowances, hours, leaves of
absence, and
vacation of the personnel of the division and shall
fix their
duties. The duties of the personnel, in addition to
other
statutory duties, shall include the handling, servicing,
and
investigation of juvenile cases and of any counseling and
conciliation services that are available upon request to persons,
whether or not they are parties to an action pending in the
division. (J) In Trumbull county, the judges of the court of common
pleas whose terms begin on January 1, 1953, and January 2, 1977,
and successors, shall have the same qualifications, exercise the
same powers and jurisdiction, and receive the same compensation
as
other judges of the court of common pleas of Trumbull county
and
shall be elected and designated as judges of the court of
common
pleas, division of domestic relations. They shall have
all the
powers relating to juvenile courts, and all cases under
Chapters
2151. and 2152. of the
Revised Code, all parentage proceedings
over
which the juvenile court has jurisdiction, and all divorce,
dissolution of marriage, legal separation, and annulment cases
shall be assigned to them, except cases that for some special
reason are assigned to some other judge of the court of common
pleas. (K) In Butler county: (1) The judges of the court of common pleas whose terms
begin on January 1, 1957, and January 4, 1993, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Butler county and shall be
elected
and designated as judges of the court of common pleas,
division of
domestic relations. The judges of the division of
domestic
relations shall have assigned to them all divorce,
dissolution of
marriage, legal separation, and annulment cases
coming before the
court, except in cases that for some special
reason are assigned
to some other judge of the court of common
pleas. The judge
senior in point of service shall be charged
with the assignment
and division of the work of the division and
with the employment
and supervision of all other personnel of the
domestic relations
division. The judge senior in point of service also shall designate
the
title, compensation, expense allowances, hours, leaves of
absence,
and vacations of the personnel of the division and shall
fix their
duties. The duties of the personnel, in addition to
other
statutory duties, shall include the handling, servicing,
and
investigation of divorce, dissolution of marriage, legal
separation, and annulment cases and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services. (2) The
judges of the court of common pleas whose
terms
begin
on January 3, 1987,
and January 2, 2003, and
successors,
shall have the same
qualifications, exercise the same
powers and
jurisdiction, and
receive the same compensation as
other judges of
the court of
common pleas of Butler county, shall
be elected and
designated as
judges of the court of common
pleas, juvenile
division, and shall
be the juvenile
judges
as provided in
Chapters
2151. and 2152. of
the Revised
Code, with
the powers and
jurisdictions conferred by
those chapters. The
judge of the court
of common pleas,
juvenile
division,
who is
senior in point of
service, shall be the administrator of the
juvenile division and
its subdivisions and departments. The
judge, senior in point of
service, shall have charge of
the
employment, assignment, and
supervision of the personnel of
the
juvenile division who are
engaged in handling, servicing, or
investigating juvenile cases,
including any referees whom the
judge considers necessary for the
discharge of the judge's
various
duties. The judge, senior in point of service, also shall designate
the title, compensation,
expense allowances, hours, leaves of
absence, and vacation of the
personnel of the division and shall
fix their duties. The duties
of the personnel, in addition to
other statutory duties, include
the handling, servicing, and
investigation of juvenile cases and
providing any counseling and
conciliation services that the
division makes available to
persons, whether or not the persons
are parties to an action
pending in the division, who request the
services. (3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties or the volume
of
cases
pending in
the judge's division necessitates it, the duties
of that judge
shall be performed by the other judges of the
domestic relations
and juvenile divisions. (L)(1) In Cuyahoga county, the judges of the court of
common
pleas whose terms begin on January 8, 1961, January 9,
1961,
January 18, 1975, January 19, 1975, and January 13, 1987,
and
successors, shall have the same qualifications, exercise the
same
powers and jurisdiction, and receive the same compensation
as
other judges of the court of common pleas of Cuyahoga county
and
shall be elected and designated as judges of the court of
common
pleas, division of domestic relations. They shall have
all the
powers relating to all divorce, dissolution of marriage,
legal
separation, and annulment cases, except in cases that are
assigned
to some other judge of the court of common pleas for
some special
reason. (2) The administrative judge is administrator of the
domestic relations division and its subdivisions and departments
and has the following powers concerning division personnel: (a) Full charge of the employment, assignment, and
supervision; (b) Sole determination of compensation, duties, expenses,
allowances, hours, leaves, and vacations. (3)
"Division personnel" include persons employed or
referees
engaged in hearing, servicing, investigating,
counseling,
or
conciliating divorce, dissolution of marriage,
legal separation
and annulment matters. (M) In Lake county: (1) The judge of the court of common pleas whose term
begins
on January 2, 1961, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Lake county and shall be elected and designated
as
judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all
the divorce,
dissolution of marriage, legal separation, and annulment cases
coming before the court, except in cases that for some special
reason are assigned to some other judge of the court of common
pleas. The judge shall be charged with the assignment and
division of the work of the division and with the employment and
supervision of all other personnel of the domestic relations
division. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services. (2) The judge of the court of common pleas whose term
begins
on January 4, 1979, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Lake county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be the juvenile judge as provided in Chapters
2151. and 2152. of
the Revised
Code, with the powers and jurisdictions conferred by
those chapters. The judge of the court of common pleas,
juvenile
division, shall be the administrator of the juvenile division and
its subdivisions and departments. The judge shall have charge of
the employment, assignment, and supervision of the personnel of
the juvenile division who are engaged in handling, servicing, or
investigating juvenile cases, including any referees whom the
judge considers necessary for the discharge of the judge's
various
duties. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, include
the handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons
are parties to an action pending in the division, who request the
services. (3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties or the volume
of
cases
pending in
the judge's division necessitates it, the duties
of that judge
shall be performed by the other judges of the
domestic relations
and juvenile divisions. (N) In Erie county, the judge of the court of common pleas
whose term begins on January 2, 1971, and successors, shall have
the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judge
of the court of common pleas of Erie county and shall be
elected
and designated as judge of the court of common pleas,
division of
domestic relations. The judge shall have all the
powers relating
to juvenile courts, and shall be assigned all cases
under
Chapters
2151. and 2152. of the
Revised Code, parentage
proceedings over
which the
juvenile
court has jurisdiction, and
divorce,
dissolution of marriage,
legal separation, and annulment
cases,
except cases that for some special
reason are assigned to
some
other judge. (O) In Greene county: (1) The judge of the court of common pleas whose term
begins
on January 1, 1961, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Greene county and shall be elected and designated
as the judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all
divorce, dissolution
of marriage, legal separation, annulment, uniform
reciprocal
support enforcement, and domestic violence cases and
all other
cases related to domestic relations, except cases that
for some
special reason are assigned to some other judge of the
court of
common pleas. The judge shall be charged with the assignment and division
of the work of the division and with the employment and
supervision of all other personnel of the
division. The judge
also shall designate the title,
compensation,
hours, leaves of
absence, and vacations of the personnel of the
division and shall
fix their duties. The duties of the personnel
of the division, in
addition to other statutory duties, shall
include the handling,
servicing, and investigation of divorce,
dissolution of marriage,
legal separation, and annulment cases
and the provision of
counseling and conciliation services that
the division considers
necessary and makes available to persons
who request the services,
whether or not the persons are parties
in an action pending in the
division. The compensation for the
personnel shall be paid from
the overall court budget and shall
be included in the
appropriations for the existing judges of the
general division of
the court of common pleas. (2) The judge of the court of common pleas whose term
begins
on January 1, 1995, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Greene county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and, on or
after January 1, 1995, shall be the juvenile judge as provided in
Chapters 2151. and 2152. of the
Revised Code with the powers and
jurisdiction conferred by those chapters. The
judge of the court
of common pleas, juvenile division, shall be the administrator of
the juvenile division and its subdivisions and departments. The
judge shall have charge of the employment, assignment, and
supervision of the personnel of the juvenile division who are
engaged in handling, servicing, or investigating juvenile cases,
including any referees whom the judge considers necessary for the
discharge of the judge's various duties. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, include
the handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the court
makes available to persons, whether or not the persons are
parties
to an action pending in the court, who request the
services. (3) If one of the judges of the court of common pleas,
general division, is sick, absent, or unable to perform that
judge's judicial duties or the volume of cases pending in the
general
division
necessitates it, the duties of that judge of the
general division
shall be performed by the judge of the division
of domestic
relations and the judge of the juvenile division. (P) In Portage county, the judge of the court of common
pleas, whose term begins January 2, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Portage county and shall
be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases coming before the court, except in cases that
for some
special reason are assigned to some other judge of the
court of
common pleas. The judge shall be charged with the
assignment and
division of the work of the division and with the
employment and
supervision of all other personnel of the domestic
relations
division. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services. (Q) In Clermont county, the judge of the court of common
pleas, whose term begins January 2, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Clermont county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases coming before the court, except in cases that
for some
special reason are assigned to some other judge of the
court of
common pleas. The judge shall be charged with the
assignment and
division of the work of the division and with the
employment and
supervision of all other personnel of the domestic
relations
division. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services. (R) In Warren county, the judge of the court of common
pleas, whose term begins January 1, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Warren county and shall be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases coming before the court, except in cases that
for some
special reason are assigned to some other judge of the
court of
common pleas. The judge shall be charged with the
assignment and
division of the work of the division and with the
employment and
supervision of all other personnel of the domestic
relations
division. The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services. (S) In Licking county, the judge of the court of common
pleas, whose term begins January 1, 1991, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Licking county and shall
be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases, all cases arising under Chapter 3111. of the
Revised Code,
all proceedings involving child support, the
allocation of
parental rights and responsibilities for the care
of children and
the designation for the children of a place of
residence and legal
custodian, parenting time, and visitation, and all
post-decree
proceedings and matters arising from those cases and
proceedings,
except in cases that for some special reason are
assigned to
another judge of the court of common pleas. The
judge shall be
charged with the assignment and division of the
work of the
division and with the employment and supervision of
the personnel
of the division. The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include
the
handling, servicing, and investigation of divorce,
dissolution of
marriage, legal separation, and annulment cases,
cases arising
under Chapter 3111. of the Revised Code, and
proceedings involving
child support, the allocation of parental
rights and
responsibilities for the care of children and the
designation for
the children of a place of residence and legal
custodian,
parenting time, and visitation and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services. (T) In Allen county, the judge of the court of common
pleas,
whose term begins January 1, 1993, and successors, shall
have the
same qualifications, exercise the same powers and
jurisdiction,
and receive the same compensation as the other
judges of the court
of common pleas of Allen county and shall be
elected and
designated as judge of the court of common pleas,
division of
domestic relations. The judge shall be
assigned all divorce,
dissolution of marriage, legal
separation,
and annulment cases,
all cases arising under Chapter 3111. of the
Revised Code, all
proceedings involving child support, the
allocation of parental
rights and responsibilities for the care
of children and the
designation for the children of a place of
residence and legal
custodian, parenting time, and visitation, and all
post-decree
proceedings and matters arising from those cases and
proceedings,
except in cases that for some special reason are
assigned to
another judge of the court of common pleas. The
judge shall be
charged with the assignment and division of the
work of the
division and with the employment and supervision of
the personnel
of the division. The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include
the
handling, servicing, and investigation of divorce,
dissolution of
marriage, legal separation, and annulment cases,
cases arising
under Chapter 3111. of the Revised Code, and
proceedings involving
child support, the allocation of parental
rights and
responsibilities for the care of children and the
designation for
the children of a place of residence and legal
custodian,
parenting time, and visitation, and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services. (U) In Medina county, the judge of the court of common
pleas
whose term begins January 1, 1995, and successors, shall
have the
same qualifications, exercise the same powers and
jurisdiction,
and receive the same compensation as other judges
of the court of
common pleas of Medina county and shall be
elected and designated
as judge of the court of common pleas,
division of domestic
relations. The judge shall be
assigned all divorce, dissolution
of marriage, legal
separation,
and annulment cases, all cases
arising under Chapter 3111. of the
Revised Code, all proceedings
involving child support, the
allocation of parental rights and
responsibilities for the care
of children and the designation for
the children of a place of
residence and legal custodian,
parenting time, and visitation, and all
post-decree proceedings
and matters arising from those cases and
proceedings, except in
cases that for some special reason are
assigned to another judge
of the court of common pleas. The
judge shall be charged with the
assignment and division of the
work of the division and with the
employment and supervision of
the personnel of the division. The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases, cases arising under
Chapter
3111. of the Revised Code, and proceedings involving
child
support, the allocation of parental rights and
responsibilities
for the care of children and the designation for
the children of a
place of residence and legal custodian, parenting time, and
visitation, and providing counseling and conciliation services
that the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services. (V) In Fairfield county, the judge of the court of common
pleas whose term begins January 2, 1995, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Fairfield county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases, all cases arising under Chapter 3111. of the
Revised Code,
all proceedings involving child support, the
allocation of
parental rights and responsibilities for the care
of children and
the designation for the children of a place of
residence and legal
custodian, parenting time, and visitation, and all
post-decree
proceedings and matters arising from those cases and
proceedings,
except in cases that for some special reason are
assigned to
another judge of the court of common pleas. The judge also has
concurrent jurisdiction with the probate-juvenile division of the
court of
common pleas of Fairfield county with respect to and may
hear cases
to determine the custody of a child, as defined in
section 2151.011 of the Revised Code, who
is not the ward of
another court of this state, cases that are commenced by a
parent,
guardian, or custodian of a child, as defined in section 2151.011
of the Revised Code, to obtain an order requiring a parent of the
child to pay child support
for that child when the request for
that order is not ancillary to an action
for divorce, dissolution
of marriage, annulment, or legal separation, a
criminal or civil
action involving an allegation of domestic violence, an
action for
support under Chapter 3115. of the Revised Code, or an action that
is
within the exclusive original jurisdiction of the
probate-juvenile division of
the court of common pleas of
Fairfield county and that involves an
allegation that the child is
an abused, neglected, or dependent child, and
post-decree
proceedings and matters arising from those types of cases. The judge of the domestic relations division shall be charged
with the
assignment and division of the
work of the division and
with the employment and supervision of
the personnel of the
division. The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include
the
handling, servicing, and investigation of divorce,
dissolution of
marriage, legal separation, and annulment cases,
cases arising
under Chapter 3111. of the Revised Code, and
proceedings involving
child support, the allocation of parental
rights and
responsibilities for the care of children and the
designation for
the children of a place of residence and legal
custodian,
parenting time, and visitation, and providing any counseling and
conciliation services that the division makes available to
persons, regardless of whether the persons are parties to an
action pending in the division, who request the services.
When
the judge hears a case to determine the custody of a child, as
defined
in section 2151.011 of the Revised Code, who is not the
ward of another court
of this state or a case that is commenced by
a parent, guardian, or custodian
of a child, as defined in section
2151.011 of the Revised Code, to obtain an
order requiring a
parent of the child to pay child support for that child when
the
request for that order is not ancillary to an action for divorce,
dissolution of marriage, annulment, or legal separation, a
criminal or civil
action involving an allegation of domestic
violence, an action for support
under Chapter 3115. of the Revised
Code, or an action that is within the
exclusive original
jurisdiction of the probate-juvenile division of the court
of
common pleas of Fairfield county and that
involves an allegation
that the
child is an abused, neglected, or dependent child, the
duties of the personnel
of the domestic relations division also
include the handling, servicing, and
investigation of those types
of cases. (W)(1) In Clark county, the judge of the court of common
pleas whose term begins on January 2, 1995, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Clark county and shall be elected
and
designated as judge of the court of common pleas, domestic
relations division. The judge shall have all the powers
relating
to juvenile courts, and all cases under
Chapters 2151. and 2152.
of the Revised
Code and all parentage proceedings under Chapter
3111. of the
Revised Code over which the juvenile court has
jurisdiction shall
be assigned to the judge of the division of
domestic relations. All divorce,
dissolution of marriage, legal
separation,
annulment, uniform reciprocal support enforcement, and
other
cases related to domestic relations shall be assigned to the
domestic relations division, and the presiding judge of the court
of common pleas shall assign the cases to the judge of the
domestic relations division and the judges of the general
division. (2) In addition to the judge's regular duties, the judge of
the
division of domestic relations shall serve on the children
services board and the county advisory board. (3) If the judge of the court of common pleas of Clark
county, division of domestic relations, is sick, absent, or
unable
to perform that judge's judicial duties or if the
presiding
judge
of the
court of common pleas of Clark county determines that the
volume
of cases pending in the division of domestic relations
necessitates it, the duties of the judge of the division of
domestic relations shall be performed by the judges of the
general
division or probate division of the court of common pleas
of Clark
county, as assigned for that purpose by the presiding
judge of
that court, and the judges so assigned shall act in
conjunction
with the judge of the division of domestic relations
of that
court. (X) In Scioto county, the judge of the court of common
pleas
whose term begins January 2, 1995, and
successors, shall
have the
same qualifications, exercise the same powers and
jurisdiction,
and receive the same compensation as other judges
of the court of
common pleas of Scioto county and shall be
elected and designated
as judge of the court of common pleas,
division of domestic
relations. The judge shall be
assigned all divorce, dissolution
of marriage, legal
separation,
and annulment cases, all cases
arising under Chapter 3111. of the
Revised Code, all proceedings
involving child support, the
allocation of parental rights and
responsibilities for the care
of children and the designation for
the children of a place of
residence and legal custodian,
parenting time, visitation, and all post-decree
proceedings and
matters arising from those cases and proceedings,
except in cases
that for some special reason are assigned to
another judge of the
court of common pleas. The judge shall be
charged with the
assignment and division of the work of the
division and with the
employment and supervision of the personnel
of the division. The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases, cases arising under
Chapter
3111. of the Revised Code, and proceedings involving
child
support, the allocation of parental rights and
responsibilities
for the care of children and the designation for
the children of a
place of residence and legal custodian, parenting time, and
visitation, and providing counseling and conciliation services
that the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services. (Y) In Auglaize county, the judge of the probate and
juvenile divisions of the Auglaize county court of common pleas
also shall be the administrative judge of the domestic relations
division of the court and shall be assigned
all divorce,
dissolution of marriage, legal separation, and annulment cases
coming before the court. The judge shall have all powers as
administrator of the domestic relations division and shall have
charge of the personnel engaged in handling, servicing, or
investigating divorce, dissolution of marriage, legal separation,
and annulment cases, including any referees considered necessary
for the discharge of the judge's various duties. (Z)(1) In Marion county, the judge of the court of
common
pleas whose term begins on February 9,
1999, and the successors to
that judge, shall have the same qualifications,
exercise the same
powers and jurisdiction, and receive the same compensation
as the
other judges of the court of common pleas of
Marion county and
shall be elected and
designated as judge of the court of common
pleas, domestic
relations-juvenile-probate division. Except as
otherwise specified in this
division, that judge, and the
successors to that judge, shall have all the
powers relating to
juvenile courts, and all cases under
Chapters 2151. and 2152. of
the
Revised Code,
all cases arising under Chapter 3111. of the
Revised Code,
all divorce, dissolution of marriage, legal
separation, and annulment cases,
all proceedings involving child
support, the allocation of parental rights and
responsibilities
for the care of children and the designation for the children
of a
place of residence and legal custodian, parenting time, and
visitation, and all
post-decree proceedings and matters arising
from those cases and
proceedings
shall be assigned to that judge
and the successors to
that judge. Except as
provided in division
(Z)(2) of this section
and notwithstanding any other provision of
any section of the
Revised Code, on and after February 9, 2003,
the judge of
the
court of common pleas of Marion county
whose term
begins on
February 9, 1999, and the
successors to that judge,
shall have all
the powers relating to the probate
division of the
court of common
pleas of
Marion county in addition to the powers
previously
specified in this division, and shall exercise
concurrent
jurisdiction with the judge of the probate division of
that court
over all
matters that are within the jurisdiction of
the probate
division of that court
under Chapter 2101., and other
provisions,
of
the Revised Code in addition to the jurisdiction of
the
domestic relations-juvenile-probate division of that court
otherwise specified
in division (Z)(1) of this section. (2) The judge of the domestic relations-juvenile-probate
division of the
court of common pleas of Marion county or the
judge of the probate division of the court of common pleas of
Marion county, whichever of those judges is
senior in total length
of service on the court of common pleas of
Marion county,
regardless of the division or
divisions of service, shall serve as
the clerk of the probate division of the
court of common pleas of
Marion county. (3) On and after February 9, 2003, all
references in law to
"the probate court,"
"the probate judge,"
"the juvenile
court," or
"the judge of the juvenile court" shall be construed, with respect
to Marion county, as being references to both
"the probate
division" and
"the domestic relations-juvenile-probate division"
and as being references to both
"the judge of the probate
division" and
"the
judge of the domestic relations-
juvenile-probate division." On and after
February 9, 2003, all
references in law to
"the clerk of the probate court" shall be
construed, with respect to
Marion county, as being references to
the judge who is serving pursuant to
division (Z)(2) of this
section as the clerk of the probate division of the
court of
common pleas of Marion county. (AA)
In Muskingum county, the judge of the court of common
pleas whose term begins on January 2, 2003, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Muskingum county and shall
be elected and designated as the judge of the court of common
pleas, division of domestic relations. The judge shall
be
assigned
and hear
all
divorce, dissolution of marriage, legal
separation, and annulment cases
and all
proceedings under the
uniform interstate family support act
contained in Chapter 3115.
of the Revised Code. Except in cases
that are subject to the
exclusive original jurisdiction of the
juvenile court, the judge
shall be assigned and hear all cases
pertaining to paternity,
visitation, child
support, the
allocation
of parental rights and
responsibilities
for the care of
children,
and the designation for
the children of a
place of residence
and
legal custodian,
and all
post-decree
proceedings
arising from
any case pertaining to
any of
those
matters. (BB) If a judge of the court of common pleas, division of
domestic relations, or juvenile judge, of any of the counties
mentioned in this section is sick, absent, or unable to perform
that judge's judicial duties or the volume of cases pending
in the
judge's division necessitates it, the
duties of that judge shall
be performed by another judge
of the court of common pleas of that
county, assigned for that
purpose by the presiding judge of the
court of common pleas of that county to act in place of or in
conjunction
with that judge, as the case may require.
Sec. 2313.13. (A) The court of common pleas
may postpone the
whole or a part of the time of service of a juror, after notice
for service, to a later date during the same term or part of a
term or to a subsequent term or part of a term of the same jury
year or may excuse a juror, after notice for service, from
service
at that term for not more than three days at a time,
where the
exigencies of his business require
his temporary excuse. The
court
of a county or the judge of the court of common pleas of a
county may
also discharge,
for the term
of a court or
for part of
a term
of a court,
or excuse until a day certain, one or more
jurors
so
notified
summoned for jury duty whose attendance is not
required for the trial of issues
at that term or part of a term,
or until that day.
Each (B)(1) The court of common pleas of a county or a judge of
the court of common pleas of a county may postpone the whole or a
part of a juror's time of service on jury duty, after summoning
the juror for jury duty, to either of the following: (a) To a later date during the same term of court or part of
a term of court; (b) To a subsequent term of court or part of a term of court
of the same jury year. (2) Each juror
so
excused or whose time of service
on jury
duty is postponed until a
day certain
specified date
may be
required to attend
at the opening of court on that day,
and
thereafter
on each day after that day until the juror is
discharged, without
further
notice
additional summons from the
court. (C) The court of common pleas of a county, or a judge of the
court of common pleas of a county, may excuse until a specified
date one or more jurors summoned for jury duty whose attendance is
not required for the trial of issues until that day. Each juror
excused until a specified date may be required to attend the
opening of court on that day and on each day after that day until
the juror is discharged, without additional summons from the
court. (D) The court of common pleas of a county or a judge of the
court of common pleas of a county may excuse a juror, after
summoning the juror for jury duty, from service on jury duty at
that term of court for not more than three days at a time, if the
exigencies of the juror's business require the juror's temporary
excuse.
Sec. 2313.24.
(A) The court of common pleas
of a county, or
a judge
thereof
of the court of common pleas of a county, shall
specify by
written order the number of jurors to be drawn for each
term
of that court, or part of a
term,
of that court when the term
is divided into parts, to comply with sections 2313.01 to
2313.46
of the Revised Code.
A proportionate (B) A portion of the number of jurors ordered
for a
term or
part of a term
to be drawn pursuant to division (A) of this
section shall be
first drawn and
shall be summoned
to be
present
for duty during the first three consecutive calendar weeks of the
term or part
of a term, and the. The same number of jurors shall
next be drawn and
shall be
summoned
to be present
for duty during
the next three consecutive calendar weeks, and
in like manner
jurors. Jurors shall be drawn and summoned for each succeeding
three weeks
of the term of court.
This
section as to the division
of terms and as to the service of jurors for three
weeks (C) Divisions (A) and (B) of this section shall not apply to
counties
with a population of less than
one
two hundred
fifty
thousand
population
in which cases the. If divisions (A) and (B)
of this section do not apply to a county, the court of common
pleas of that county or a judge
of the court of common pleas of
that county shall make rules
in his own
that apply to that
county
applicable to such matters
for the drawing and summons of jurors. (D) The commissioners of jurors may send
by mail or otherwise
to a juror whose
name is drawn, a printed notice, informing
him
the juror that
he
the juror has been drawn
for jury duty and will
be
notified
summoned by the sheriff,
and such. The notice may
contain copies of
such
the portions of sections 2313.01 to
2313.46
of the Revised Code, as
that the commissioners
deem
consider
advisable.
SECTION 2. That existing sections 1901.01, 1901.02, 1901.027,
1901.03, 1901.04, 1901.08, 1901.11, 1901.31, 1901.34, 1905.01, 1907.011,
1907.11, 1907.16, 2301.03, 2313.13, and 2313.24 of the
Revised Code are hereby
repealed. SECTION 3. That the versions of sections 1901.31 and 1905.01
of the Revised Code that are scheduled to take effect on January
1, 2004, 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,
Brown
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
and Brown county
municipal
court
courts, the
clerk
clerks of
courts of Auglaize
county
and Brown
county shall be the
clerk
clerks,
respectively, of the
Auglaize
county and Brown county municipal
court
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
judge of the
court determines are
necessary, all of whom shall
receive the
compensation that the
legislative authority
prescribes. The
clerk
clerks of courts of
Auglaize
county
and
Brown county, acting as the
clerk
clerks of the Auglaize county
and Brown
county
municipal
court
courts
and assuming the
duties of
that office
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) 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)(1) In a municipal court, other than the Auglaize county,
the Brown county,
the Columbiana county, and
the Lorain municipal
courts,
for which
the population of the
territory is
less than one
hundred thousand
and in the Medina
municipal
court, the clerk of
the municipal
court
shall receive
the annual compensation that the
presiding
judge of the court
prescribes, if the revenue of the
court for the
preceding calendar
year, as
certified by the auditor
or chief
fiscal officer of the
municipal corporation
in which the
court is
located or, in the
case of a county-operated municipal
court, the
county auditor, is
equal to or greater than the
expenditures,
including any debt
charges, for the operation of the
court payable
under this
chapter
from the city treasury or, in the
case of a
county-operated
municipal
court, the county treasury for
that
calendar year, as
also certified by the
auditor or chief
fiscal
officer. If the
revenue of a municipal court, other
than
the
Auglaize county,
the
Brown county, the Columbiana county, and
the
Lorain municipal
courts, for which
the population of the
territory
is less than one
hundred thousand or the
revenue of the
Medina
municipal court for
the preceding calendar year
as so
certified is
not equal to or
greater than those expenditures for
the
operation
of the court for
that calendar year as so certified,
the clerk of
a
municipal court
shall receive the annual
compensation that the
legislative
authority prescribes.
As used
in this division,
"revenue" means
the total of all costs and fees
that are collected
and paid to the
city
treasury or, in a
county-operated municipal
court, the county
treasury by the
clerk
of the municipal court
under division (F) of
this section and
all
interest received and
paid to the city
treasury or, in a
county-operated
municipal
court, the county
treasury in relation
to the costs and fees under
division (G) of
this section. (2) 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
municipal court, the
clerk of 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.
(3) The compensation
of a clerk described in division (C)(1)
or (2) of this
section 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,
4511.19, 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. 1905.01. (A) In
Georgetown in Brown county, in Mount
Gilead in Morrow county, and in all
other municipal corporations,
other than
Batavia in Clermont county, not being
the site of a
municipal
court nor a place where a judge of the
Auglaize county,
Crawford
county, Jackson county, Miami county,
Portage county, or
Wayne
county municipal court sits as required
pursuant to section
1901.021 of the Revised Code or by
designation of the judges
pursuant to section 1901.021 of the
Revised Code, the mayor of the
municipal corporation has
jurisdiction, except as provided in
divisions (B),
(C), and (E) of this
section and subject to the
limitation contained in section
1905.03 and the limitation
contained in section 1905.031 of the
Revised Code, to hear and
determine any prosecution for the
violation of an ordinance of the
municipal corporation, to hear
and determine any case involving a
violation of a vehicle parking
or standing ordinance of the
municipal corporation unless the
violation is required to be
handled by a parking violations
bureau or joint parking violations
bureau pursuant to Chapter
4521. of the Revised Code, and to hear
and determine all criminal
causes involving any moving traffic
violation occurring on a
state highway located within the
boundaries of the municipal
corporation, subject to the
limitations of sections 2937.08 and
2938.04 of the Revised Code. (B)(1) In
Georgetown in Brown county, in Mount Gilead in
Morrow county, and in all
other municipal corporations, other than
Batavia
in
Clermont county, not being the site of
a municipal
court nor a
place where a judge of a court listed in
division (A)
of this
section sits as required pursuant to section
1901.021 of
the
Revised Code or by designation of the judges
pursuant to
section
1901.021 of the Revised Code, the mayor of
the municipal
corporation has jurisdiction, subject to the
limitation contained
in section 1905.03 of the Revised Code, to
hear and determine
prosecutions involving a violation of an
ordinance of the
municipal corporation relating to operating a
vehicle while under
the influence of alcohol, a drug of abuse, or
a
combination of
them or relating to operating a vehicle
with a prohibited
concentration of alcohol in the
whole blood,
blood serum or
plasma, breath,
or urine, and to
hear and determine
criminal
causes involving a
violation of
section 4511.19 of the
Revised
Code that occur on a
state highway
located within the
boundaries
of the municipal
corporation,
subject to the
limitations of
sections 2937.08 and
2938.04 of the
Revised Code,
only if the
person charged with the
violation,
within six years of
the date of
the violation
charged, has not
been convicted of or
pleaded guilty
to any of
the following: (a) A violation of an ordinance of any municipal
corporation
relating to operating a vehicle while under the
influence of
alcohol, a drug of abuse, or
a
combination of them or
relating
to operating a vehicle with a
prohibited
concentration of
alcohol
in the
whole blood,
blood
serum or plasma, breath, or urine; (b) A violation of section 4511.19 of the Revised Code; (c) A violation of any ordinance of any municipal
corporation or of any section of the Revised Code that regulates
the operation of vehicles, streetcars, and trackless trolleys
upon
the highways or streets,
to which all of the
following
apply: (i) The person, in the case in which the conviction was
obtained or the plea of guilty was entered, had been charged with
a violation of an ordinance of
a type described in division
(B)(1)(a)
of this section, or with a violation of section
4511.19
of the
Revised Code; (ii) The charge of the violation described in division
(B)(1)(c)(i) of this section was dismissed or reduced; (iii) The violation of which the person was convicted or
to
which the person pleaded guilty arose out of the same
facts and
circumstances and the same act as did the charge that was
dismissed or reduced. (d) A violation of a statute of the United States or of any
other state or a
municipal ordinance of a municipal corporation
located in any other state that
is substantially similar to
section 4511.19 of the Revised Code. (2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (B)(1)(a) or
(b)
of this section, regardless of where the violation occurred,
if
the person charged with the violation, within six years of
the
violation charged, has been convicted of or pleaded guilty to
any
violation listed in division (B)(1)(a), (b), (c), or
(d) of this
section. If the mayor of a municipal corporation, in hearing a
prosecution involving a violation of an ordinance of the
municipal
corporation the mayor serves relating to operating
a vehicle while
under the influence of alcohol, a drug of abuse, or
a
combination of them or relating to operating a
vehicle with a
prohibited
concentration of alcohol in the
whole
blood,
blood
serum or plasma, breath, or
urine, or in
hearing a
criminal cause
involving a violation of
section 4511.19
of the
Revised Code,
determines that the person
charged, within
six years
of the
violation charged, has
been
convicted of or
pleaded guilty
to any
violation listed in
division (B)(1)(a), (b),
(c), or (d) of
this
section, the mayor
immediately shall transfer
the case to the
county court or
municipal court with jurisdiction
over the
violation charged, in
accordance with section 1905.032 of
the
Revised Code. (C)(1) In
Georgetown in Brown county, in Mount Gilead in
Morrow county, and in all
other municipal corporations, other than
Batavia
in
Clermont county, not being the site of
a municipal
court and not
being a place where a judge of a court
listed in
division (A) of
this section sits as required pursuant
to section
1901.021 of the
Revised Code or by designation of the
judges
pursuant to section
1901.021 of the Revised Code, the
mayor of the
municipal
corporation, subject to sections 1901.031,
2937.08, and
2938.04 of
the Revised Code, has jurisdiction to
hear and
determine
prosecutions involving a violation of a
municipal
ordinance that
is substantially equivalent to division
(A)
of
section 4510.14 or
section
4510.16 of the Revised Code and
to
hear and determine
criminal causes that involve a moving
traffic
violation, that
involve a violation of division
(A)
of section
4510.14 or section
4510.16 of the
Revised Code, and that occur on
a state
highway
located within the
boundaries of the municipal
corporation only if
all of the
following apply regarding the
violation and the person
charged: (a) Regarding a violation of
section
4510.16 of the
Revised Code or a violation of a
municipal
ordinance that is
substantially equivalent to that division, the
person charged with
the violation, within
six years of the
date
of the violation
charged, has not been convicted of or
pleaded
guilty to any of the
following: (i) A violation of
section
4510.16 of the Revised Code; (ii) A violation of a municipal ordinance that is
substantially equivalent to
section
4510.16 of the Revised Code; (iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets,
in a case in which, after a charge against the person of a
violation of a type described in division (C)(1)(a)(i) or (ii) of
this section was dismissed or reduced, the person is convicted of
or pleads guilty to a violation that arose out of the same facts
and circumstances and the same act as did the charge that was
dismissed or reduced. (b) Regarding a violation of division
(A) of section
4510.14 of the Revised Code or a violation of a
municipal
ordinance that is substantially equivalent to that division, the
person charged with the violation, within
six years of the
date
of the violation charged, has not been convicted of or
pleaded
guilty to any of the following: (i) A violation of division
(A) of section
4510.14 of the
Revised Code; (ii) A violation of a municipal ordinance that is
substantially equivalent to division
(A) of section
4510.14 of
the Revised Code; (iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets
in
a case in which, after a charge against the person of a
violation
of a type described in division (C)(1)(b)(i) or (ii) of
this
section was dismissed or reduced, the person is convicted of
or
pleads guilty to a violation that arose out of the same facts
and
circumstances and the same act as did the charge that was
dismissed or reduced. (2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (C)(1)(a)(i) or
(ii) of this section if the person charged with the violation,
within
six years of the violation charged, has been convicted
of
or pleaded guilty to any violation listed in division
(C)(1)(a)(i), (ii), or (iii) of this section and does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (C)(1)(b)(i) or
(ii) of this section if the person charged with the violation,
within
six years of the violation charged, has been convicted
of
or pleaded guilty to any violation listed in division
(C)(1)(b)(i), (ii), or (iii) of this section. (3) If the mayor of a municipal corporation, in hearing a
prosecution involving a violation of an ordinance of the
municipal
corporation the mayor serves that is substantially
equivalent to
division
(A)
of section
4510.14 or section
4510.16 of the
Revised
Code or a violation of division
(A)
of section 4510.14 or
section
4510.16 of the
Revised Code, determines that, under
division
(C)(2) of this section, mayors do not have jurisdiction
of the
prosecution, the mayor immediately shall transfer the case
to the
county court or municipal court with jurisdiction over the
violation in
accordance with section 1905.032 of the Revised Code. (D) If the mayor of a municipal corporation has
jurisdiction
pursuant to division (B)(1) of this section to hear
and determine
a prosecution or criminal cause involving a
violation described in
division (B)(1)(a) or (b) of this section,
the authority of the
mayor to hear or determine the prosecution
or cause is subject to
the limitation contained in division (C)
of section 1905.03 of the
Revised Code. If the mayor of a
municipal corporation has
jurisdiction pursuant to division (A)
or (C) of this section to
hear and determine a prosecution or
criminal cause involving a
violation other than a violation
described in division (B)(1)(a)
or (b) of this section, the
authority of the mayor to hear or
determine the prosecution or
cause is subject to the limitation
contained in division
(C) of section 1905.031 of the Revised Code. (E)(1) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving
any of the following: (a) A violation of section 2919.25 or 2919.27 of the Revised
Code; (b) A violation of section 2903.11, 2903.12, 2903.13,
2903.211,
or 2911.211 of the Revised Code that involves a
person
who was a family or household member
of the defendant at the time
of the violation; (c) A violation of a municipal ordinance that is
substantially
equivalent to an offense described in division
(E)(1)(a)
or (b) of this section and that involves a person who
was a
family or household member of the defendant at the time of
the violation. (2) The mayor of a municipal corporation does not have
jurisdiction to
hear and determine a motion filed pursuant to
section
2919.26 of the Revised Code or filed pursuant to a
municipal ordinance that is
substantially
equivalent to that
section or to issue a protection order pursuant to that section or
a
substantially equivalent municipal ordinance. (3) As used in this section,
"family or household member"
has the same
meaning as in section 2919.25 of the Revised Code. (F) In keeping a docket and files, the mayor, and a
mayor's
court magistrate appointed under section 1905.05 of the
Revised
Code, shall be governed by the laws pertaining to county
courts.
SECTION 4. That the existing versions of sections 1901.31 and
1905.01 of the Revised Code that are scheduled to take effect on
January 1, 2004, are hereby repealed.
SECTION 5. Sections 3 and 4 of this act shall take effect on
January 1, 2004.
SECTION 6. (A)(1) Effective February 9,
2003, the Brown
County
County
Court is abolished.
(2) All causes, executions, and other proceedings pending in
the Brown County County Court at the close of business on
February
8, 2003, shall be transferred to and proceed in the
Brown County
Municipal Court on February 9, 2003, as if originally
instituted
in the Brown 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 Brown County Municipal Court. The Clerk of the
Brown County
County Court or other custodian shall transfer to
the Brown 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 Brown County County Court,
or any
officer of that court, at the close of business on February 8,
2003, and that pertain to those causes, judgments, executions,
and
proceedings.
(3) All employees of the Brown County County Court shall be
transferred to and shall become employees of the Brown County
Municipal Court on February 9, 2003. (4) Effective February 9, 2003, both part-time judgeships in
the
Brown County County Court are abolished; however, the
part-time judge of that court who is not elected in the general
election of November 2002 as the judge of the probate division of
the Brown County Court of Common Pleas shall serve from February
9, 2003, to December 31, 2005, as the full-time judge of the Brown
County Municipal Court, who is deemed to be the successor to that
part-time judge. (B)(1) Effective January 1,
2003, the Morrow County County
Court is abolished.
(2) All causes, executions, and other proceedings pending in
the Morrow County County Court at the close of business on
December 31, 2002, shall be transferred to and proceed in the
Morrow County Municipal Court on January 1, 2003, as if originally
instituted in the Morrow 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 Morrow County Municipal Court. The Clerk of the
Morrow County County Court or other custodian shall transfer to
the Morrow 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 Morrow County County Court,
or any officer of that court, at the close of business on December
31, 2002, and that pertain to those causes, judgments, executions,
and proceedings.
(3) All employees of the Morrow County County Court shall be
transferred to and shall become employees of the Morrow County
Municipal Court on January 1, 2003. (4) Effective January 1, 2003, the part-time judgeship in the
Morrow County County Court is abolished; however, the part-time
judge of that court shall serve from January 1, 2003, to December
31, 2005, as the full-time judge of the Morrow County Municipal
Court, who is deemed to be the successor to that part-time judge.
SECTION 7. The amendment by this act
to
division (B)(3) of section 2301.33 of the Revised Code is
identical to the amendment of that division of that section by
Sub. H.B. 8 of the 124th General Assembly. The United States
District Court of the Southern District of Ohio, in
Bookfriends,
Inc. v. Taft, 232 F. Supp.2d 932 (2002), issued a preliminary
injunction enjoining to an uncertain extent the operation of Sub.
H.B. 8. By thus re-enacting the amendment of Sub. H.B. 8 to
division (B)(3) of section 2301.33 of the Revised Code, the
General Assembly intends to confirm that the amendment is
nevertheless effective as part of the law.
SECTION 8. Section 2301.03 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Sub.
H.B. 8 and Sub. H.B. 393 of
the 124th General Assembly.
The
General Assembly, applying the
principle stated in division
(B) of
section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
SECTION 9. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
the Brown County Municipal Court and the Morrow County Municipal
Court created by this act and the designation by this act of the
specified current county court judges to serve as judges in those
created courts are crucial for the proper, timely, and efficient
administration of justice in Brown County and Morrow County.
Therefore, this act shall go into immediate effect.
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