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(124th General Assembly)
(Senate Bill Number 168)
AN ACT
To amend sections 2323.52, 2501.16, 2503.17,
2969.21,
2969.22, and 2969.25 of the Revised Code
to extend
the application of the vexatious
litigator law to
actions commenced in a court of
appeals and to
exclude the
Supreme Court from the laws pertaining
to
collection of fees from inmates filing civil
actions against a governmental entity or employee.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 2323.52, 2501.16, 2503.17,
2969.21,
2969.22, and 2969.25 of the Revised Code be amended to
read as
follows:
Sec. 2323.52. (A) As used in this section: (1) "Conduct" has the same meaning as in section 2323.51 of
the Revised Code. (2) "Vexatious conduct" means conduct of a party in a civil
action that
satisfies any of the following: (a) The conduct obviously serves merely to harass or
maliciously
injure another party to the civil action. (b) The conduct is not warranted under existing law and
cannot be
supported by a good faith argument for an extension,
modification, or reversal
of existing law. (c) The conduct is imposed solely for delay. (3) "Vexatious litigator" means any person who has
habitually,
persistently, and without reasonable grounds engaged
in vexatious conduct in a
civil action or actions, whether in the
court of claims or in a
court of appeals, court of
common
pleas,
municipal court,
or county court,
whether the person or another
person instituted the civil action
or actions, and whether the
vexatious
conduct was against the same
party or
against different
parties in the civil action or actions.
"Vexatious
litigator"
does
not include a person who is authorized
to practice law in the
courts of
this state under the Ohio Supreme
Court
Rules for the
Government of the Bar of
Ohio unless that
person is representing
or has represented self pro
se in the civil
action or actions. (B) A person, the office of the attorney general, or a
prosecuting attorney, city director of law,
village solicitor, or
similar chief legal officer of a municipal corporation
who has
defended against habitual and persistent vexatious conduct in the
court of claims or in a
court of appeals, court
of common
pleas,
municipal court,
or county court may
commence a civil action
in a
court of common pleas with
jurisdiction over the person who
allegedly
engaged in the habitual
and
persistent vexatious conduct
to have that person declared a
vexatious
litigator. The person,
office of the attorney general,
prosecuting attorney,
city
director of law, village solicitor, or
similar chief legal officer
of a
municipal corporation may
commence this civil action while
the civil action or
actions in
which the habitual and persistent
vexatious
conduct occurred are
still pending or within one year
after the termination of
the
civil action or actions in which the
habitual and persistent
vexatious conduct occurred. (C) A civil action to have a person declared a vexatious
litigator
shall proceed as any other civil action, and the Ohio
Rules
of Civil Procedure apply to the action. (D)(1) If the person alleged to be a vexatious litigator is
found
to
be a vexatious litigator, subject to division (D)(2) of
this section,
the court of common pleas may enter an order
prohibiting the vexatious litigator from
doing one or more of the
following without first obtaining the leave of that
court to
proceed: (a) Instituting legal proceedings in the court of claims or
in a
court of
common pleas, municipal court,
or county court; (b) Continuing any legal proceedings that the vexatious
litigator
had
instituted in
any of the
court of claims or in a
court of common pleas, municipal
court, or county court
courts
specified in division (D)(1)(a) of this section prior to the entry
of the order; (c) Making any application, other than an application for
leave
to proceed
under division (F)(1) of this section, in any
legal
proceedings
instituted by the vexatious litigator or another
person in
any of the
court of claims
or in a court of common
pleas, municipal court, or county court
courts specified in
division (D)(1)(a) of this section. (2) If the court of common pleas finds a person who is
authorized to
practice law in the courts of this state under the
Ohio Supreme
Court Rules for the Government of the Bar
of
Ohio to
be a vexatious litigator and enters an order described in
division
(D)(1) of this section in connection with that finding, the
order
shall apply to the person only insofar as the person would seek to
institute proceedings described in division (D)(1)(a) of
this
section on a pro se basis, continue proceedings described in
division
(D)(1)(b) of this section on a pro se basis, or make an
application described in division (D)(1)(c) of this section
on a
pro se basis. The order shall not apply to the person insofar as
the person
represents one or more other persons in the person's
capacity as a licensed
and
registered attorney in a civil or
criminal action or proceeding or other
matter
in a court of common
pleas, municipal court,
or county court or in
the court
of
claims.
Division (D)(2) of this
section does not affect any remedy
that
is
available to a court or
an adversely affected party under section
2323.51
or
another
section of the Revised Code, under Civil
Rule
11 or another
provision of the Ohio Rules of
Civil Procedure, or
under the
common law of this state as a
result of frivolous
conduct or other
inappropriate conduct by an attorney who
represents one or more
clients in connection with a civil or
criminal action
or
proceeding or other matter in a court of common
pleas, municipal
court,
or
county court or in the court of
claims.
(3) A person who is subject to an order entered pursuant to
division (D)(1) of this section may not institute legal
proceedings in a court of appeals, continue any legal proceedings
that the vexatious litigator had instituted in a court of appeals
prior to entry of the order, or make any application, other than
the application for leave to proceed allowed by division (F)(2) of
this section, in any legal proceedings instituted by the vexatious
litigator or another person in a court of appeals without first
obtaining leave of the court of appeals to proceed pursuant to
division (F)(2) of this section. (E) An order that is entered under division (D)(1) of
this
section shall remain in force indefinitely unless the order
provides for its
expiration after a specified period of time. (F)(1) A court of common pleas that entered an order under
division
(D)(1) of this section shall not grant a person found to
be a
vexatious
litigator leave for the institution or continuance
of, or the making of an
application in, legal proceedings in the
court of claims or in a court of
common
pleas, municipal
court,
or
county court
unless the court of common pleas that entered that
order is
satisfied that the proceedings or application are not an
abuse of
process of the court in question and that there are
reasonable
grounds for the
proceedings or application.
If a
person who has
been found to be a
vexatious litigator under this
section requests
the court of common pleas that
entered an order
under division
(D)(1) of this section to grant the
person
leave to
proceed as
described in
this division
(F)(1) of this section, the
period of time commencing
with the
filing with that court of an
application for the issuance of an
order
granting leave to proceed
and ending with the issuance of an
order of that
nature shall not
be computed as a part of an
applicable period of limitations
within which the legal
proceedings or application involved
generally must be
instituted
or made. (2) A person who is subject to an order entered pursuant to
division (D)(1) of this section and who seeks to institute or
continue any legal proceedings in a court of appeals or to make an
application, other than an application for leave to proceed under
division (F)(2) of this section, in any legal proceedings in a
court of appeals shall file an application for leave to proceed in
the court of appeals in which the legal proceedings would be
instituted or are pending. The court of appeals shall not grant a
person found to be a vexatious litigator leave for the institution
or continuance of, or the making of an application in, legal
proceedings in the court of appeals unless the court of appeals is
satisfied that the proceedings or application are not an abuse of
process of the court and that there are reasonable grounds for the
proceedings or application. If a person who has been found to be
a vexatious litigator under this section requests the court of
appeals to grant the person leave to proceed as described in
division (F)(2) of this section, the period of time commencing
with the filing with the court of an application for the issuance
of an order granting leave to proceed and ending with the issuance
of an order of that nature shall not be computed as a part of an
applicable period of limitations within which the legal
proceedings or application involved generally must be instituted
or made. (G) During the period of time that the order entered under
division (D)(1) of this section is in force, no appeal by the
person who is the subject of that order shall lie from a decision
of the court
of common pleas
or court of appeals under division
(F) of this section
that denies that
person leave for the
institution or continuance
of, or the making of an
application in,
legal proceedings in the
court of claims or in a
court of
appeals,
court of
common
pleas, municipal court,
or county court. (H) The clerk of the court of common pleas that enters an
order
under division
(D)(1) of this section shall send a certified
copy of the order to
the
supreme court for publication in a manner
that the supreme court
determines is appropriate and that will
facilitate the clerk of the court of
claims
and a clerk of a
court
of appeals, court of common pleas, municipal court,
or county
court in refusing to accept pleadings or
other papers submitted
for filing by
persons who have been found
to be a vexatious
litigator under this section and
who have failed
to obtain leave
to proceed under this section. (I) Whenever it appears by suggestion of the parties or
otherwise
that a person found to be a vexatious litigator under
this section has
instituted, continued, or made an application in
legal
proceedings without obtaining leave to proceed from the
appropriate court of
common pleas
or court of appeals to do so
under division
(F) of
this section, the court in which the legal
proceedings are
pending
shall dismiss the proceedings or
application of the vexatious
litigator.
Sec. 2501.16. (A) Each court of appeals may appoint one or
more official shorthand reporters, law clerks, secretaries, and
any other employees that the court considers necessary for its
efficient operation. The clerk of the court of common pleas, acting as the clerk
of the court of appeals for the county, shall perform the
duties
otherwise performed and collect the fees otherwise collected by
the clerk of the court of common pleas, as set forth in section
2303.03 of the Revised Code, and shall maintain the files and
records of the court.
The clerk of the court of common pleas,
acting as the clerk of the court of appeals for the county, 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 from the court of appeals to proceed under that
section. The overhead expenses
pertaining to the
office of the
clerk of the court of common pleas
that result from
the clerk's
acting as clerk of the court of
appeals for
the county, other
than
wages and salaries, shall be
paid from the funds provided
under
sections 2501.18 and 2501.181
of the Revised Code. Each officer and employee appointed pursuant to this
section
shall take an oath of office, serve at the pleasure of
the court,
and perform any duties that the court directs. Each
shorthand
reporter shall have the powers that are vested in
official
shorthand reporters of the court of common pleas under
sections
2301.18 to 2301.26 of the Revised Code. Whenever an
opinion, per
curiam, or report of a case has been prepared in
accordance with
section 2503.20 of the Revised Code, the official
shorthand
reporter immediately shall forward one copy of the
opinion, per
curiam, or report to the reporter of the supreme
court, without
expense to the reporter. (B) The court of appeals may determine that, for the
efficient
operation of the court, additional funds are necessary
to acquire and pay for
special projects of the court, including,
but not limited to, the acquisition
of additional facilities or
the rehabilitation of existing facilities, the
acquisition of
equipment, the hiring and training of staff, the employment of
magistrates, the training and
education of judges, acting judges,
and magistrates, community service
programs, and other
related
services. Upon that determination, the court by rule may charge a
fee, in addition to all other court costs, on the filing of each
case or cause
over which the court has jurisdiction. If the court of appeals offers a special program or service
in cases of a
specific type, the court by rule may assess an
additional charge in a case of
that type, over and above court
costs, to cover the special program or
service. The court shall
adjust the special assessment periodically, but not
retroactively,
so that the amount assessed in those cases does not exceed the
actual cost of providing the service or program. All moneys collected under division (B) of this section shall
be
paid to the county treasurer of the county selected as the
principal seat of
that court of appeals for deposit into either a
general special projects fund
or a fund established for a specific
special project. Moneys from a fund of
that nature shall be
disbursed upon an order of the court in an amount no
greater than
the actual cost to the court of a project. If a specific fund is
terminated because of the discontinuance of a program or service
established
under division (B) of this section, the court may
order that moneys
remaining in the fund be transferred to an
account established under this
division for a similar purpose.
Sec. 2503.17. (A) Except as provided in division (B) and
subject to
division (C) of this section, the clerk of the supreme
court
shall charge and
collect forty dollars, as a filing fee, for
each case entered
upon the minute book, including, but not limited
to, original
actions in the court, appeals filed as of right, and
cases
certified by the courts of appeals for review on the ground
of
conflict of decisions; and for each motion to certify the
record
of a court of appeals or for leave to file a notice of
appeal in
criminal cases. The filing fees so charged and
collected shall
be in full for docketing the cases or motions,
making dockets
from term to term, indexing and entering
appearances, issuing
process, filing papers, entering rules,
motions, orders,
continuances, decrees, and judgments, making
lists of causes on
the regular docket for publication each year,
making and
certifying orders, decrees, and judgments of the court
to other
tribunals, and the issuing of mandates. Except as
provided in
division (B) of this section, the party invoking the
action of
the court shall pay the filing fee to the clerk before
the case
or motion is docketed, and it shall be taxed as costs and
recovered from the other party if the party invoking the action
of
the court succeeds, unless the court otherwise directs. (B)(1) As used in this division, "prosecutor" has the same
meaning as in section 2935.01 of the Revised Code. (2) The clerk of the supreme court shall not charge to and
collect from a prosecutor the forty-dollar filing fee prescribed
by division (A) of this section when all of the following
circumstances apply: (a) In accordance with the Rules of Practice of the
Supreme
Court of Ohio, an indigent defendant in a criminal action
or
proceeding files in the appropriate court of appeals a notice
of
appeal within thirty days from the date of the entry of the
judgment or final order that is the subject of the appeal. (b) The indigent defendant fails to file or offer for
filing
in the supreme court within thirty days from the date of
the
filing of the notice of appeal in the court of appeals, a
copy of
the notice of appeal supported by a memorandum in support
of
jurisdiction and other documentation and information as
required
by the Rules of Practice of the Supreme Court of Ohio. (c) The prosecutor or a representative of the prosecutor
associated with the criminal action or proceeding files a motion
to docket and dismiss the appeal of the indigent defendant for
lack of prosecution as authorized by the Rules of Practice of the
Supreme Court of Ohio. (d) The prosecutor states in the motion that the
forty-dollar filing fee does not accompany the motion because of
the applicability of this division, and the clerk of the supreme
court determines that this division applies. (C) Under the circumstances described in sections 2969.21 to
2969.27 of the Revised Code, the clerk of the supreme court shall
charge the fees and perform
the other duties specified in those
sections.
Sec. 2969.21. As used in sections 2969.21 to 2969.27 of
the
Revised Code: (A) "Clerk" means the elected or appointed clerk of any
court in
this state, except the court of claims
or the supreme
court, in which an inmate has commenced a
civil action
against a
government entity or employee or has filed an appeal of the
judgment or order in a civil action
of that nature. (B)(1) "Civil action or appeal against a government entity
or
employee" means any of the following: (a) A civil action that an inmate commences against
the
state, a political subdivision, or an employee of the state or a
political
subdivision in a court of common pleas, court of
appeals, county court, or
municipal court
or in the supreme court; (b) An appeal of the judgment or order in a civil
action of
the type described in division
(B)(1)(a) of this section
that an
inmate files in a court of appeals
or in the supreme court. (2) "Civil action or appeal against a governmental entity or
employee"
does not include any civil action that an inmate
commences against the state,
a political subdivision, or an
employee of the state or a political
subdivision
in the court of
claims
or the supreme court or an appeal of the judgment or order
entered by the
court of claims in a civil action of that nature,
that an inmate files in a
court of appeals or the supreme court. (C) "Employee" means an officer or employee of the
state or
of a political subdivision who is acting under color of state law. (D) "Inmate" means a
person who is in actual confinement in
a state correctional
institution or in a county, multicounty,
municipal,
municipal-county, or multicounty-municipal jail or
workhouse or a releasee
who is serving a sanction in a violation
sanction center. (E) "Inmate account"
means an account maintained by the
department of rehabilitation
and correction under rules adopted by
the director of
rehabilitation and correction pursuant to section
5120.01 of the
Revised Code or a similar account maintained by a
sheriff or
any other administrator of a jail or workhouse or by
the administrator of a
violation sanction center. (F) "Political subdivision" means a county, township, city,
or
village; the office of an elected officer of a county,
township, city, or
village; or a department, board, office,
commission, agency, institution, or
other instrumentality of a
county, township, city, or village. (G) "State" has the same meaning as in section 2743.01 of
the
Revised Code. (H) "State correctional
institution" has the same meaning as
in section 2967.01 of the
Revised Code. (I) "Violation sanction center" means an alternative
residential
facility that houses releasees who have violated a
post-release control
sanction or the terms and conditions of
parole or of a conditional pardon and
that is operated pursuant to
section 2967.141 of the Revised Code.
Sec. 2969.22. (A)(1) Whenever an inmate commences a civil
action
or appeal against a government entity or employee on or
after October 17,
1996, all of the following apply: (a) The clerk of the court in which the civil action or
appeal is
filed shall notify the inmate and either the department
of rehabilitation and
correction, the
sheriff
or other
administrator of the jail or workhouse, or the
administrator of
the violation sanction center, whichever has physical custody
of
the inmate, of the deductions and
procedures required by divisions
(A) to (D) of this section,
and shall identify in the notice the
civil action or appeal by case
name, case number, name of each
party, and the court in which the civil action
or appeal was
brought. (b) The clerk of the court in which the civil action or
appeal is
filed shall charge to the inmate either the total
payment of the requisite
fees that are described in section
2303.20 of the Revised Code or that
otherwise are
applicable to
actions or appeals filed in that court or, if the inmate has
submitted an affidavit of indigency, all funds in the
inmate
account of that inmate in excess of ten dollars, and shall notify
the
inmate of the charge. (c) Unless the amount charged under division
(A)(1)(b) of
this section constitutes the
total amount of the requisite fees,
all income in the inmate account of the
inmate shall be forwarded
to the clerk of the court during each calendar month
following the
month in which the inmate filed the civil action or appeal until
the total payment of the requisite fees occurs. The first ten
dollars in the
inmate account of the inmate each month
shall be
excluded from that forwarding requirement. If multiple charges
are
assessed to an inmate account under this division, charges
shall be calculated
on the basis of the inmate's total income and
shall be paid as described in
this division until the charges
exceed one hundred per cent of nonexcluded
funds in the inmate
account; thereafter, all unpaid fees
shall be paid simultaneously
from the inmate account of the inmate to the
appropriate court or
courts pro rata. (d) Upon receipt of the notice of the requisite fees payable
pursuant to divisions (A)(1)(a) to (c) of
this section, the
department, sheriff or other
administrator of the jail or
workhouse, or the administrator of the
violation sanction center
shall deduct from the inmate account of
the inmate and transmit to
the clerk of the appropriate court the appropriate
amounts of the
requisite fees as described in divisions
(A)(1)(b) and (c) of this
section. (2) The procedures described in this section apply
notwithstanding any
contrary court rule or the filing of a poverty
affidavit. (3) This section does not limit the clerk of a court of
common pleas,
court of appeals, county court, or municipal court
or the clerk of the supreme
court from considering any other
inmate resources separate and apart from an
inmate account of an
inmate in evaluating the inmate's ability to pay court
costs,
fees, awards, or other amounts. (B) An inmate who commences a civil action or appeal against
a
governmental entity or employee on or after October 17,
1996,
shall be considered to have authorized payment as the plaintiff in
the civil
action or the appellant in the appeal of the requisite
fees that are described
in section 2303.20 of the Revised Code or
that otherwise are
applicable to actions or appeals filed in the
court in which the action or
appeal is filed, using the procedures
set forth in this section, until total
payment of the requisite
fees. (C)(1) If an inmate files a civil action or appeal against
a
government entity or employee on or after October 17,
1996, upon
the
termination of the civil action or
appeal, the
clerk of the
court in which the action or appeal was filed shall notify the
department of rehabilitation and
correction, the sheriff or other
administrator
of the jail or
workhouse, or the administrator of
the violation sanction center
of the outcome of the civil action
or appeal and shall identify the civil
action or appeal by case
name, case number, name of each party, and the court
in which the
civil action or appeal was brought. (2) The department of rehabilitation and correction, the
sheriff or
other administrator of a jail or workhouse, or the
administrator of
the violation sanction center shall keep in the
inmate's file a
record of the
information supplied by the
clerk of
the appropriate court under division
(C)(1) of this section. (D) If an inmate is to be released from confinement prior to
the
total payment of the
requisite fees as provided in divisions
(A) and
(B) of this section, the
department of rehabilitation and
correction, the
sheriff or other administrator
of the jail or
workhouse, or the administrator of the violation sanction center,
whichever has physical custody of the inmate, shall inform the
clerk of the
court of common pleas, court of appeals, county
court,
or municipal court, or
supreme court of the release. The
department, sheriff or other
administrator
of the jail or
workhouse, or administrator of the violation sanction
center shall
deduct from the
inmate account of the inmate in
the month of the
inmate's release from custody an amount sufficient to pay the
remainder of the
requisite fees owed and transmit that amount to
the clerk. If there are
insufficient funds in the inmate account
of the inmate to totally pay the
requisite fees, the department,
sheriff or other administrator of the
jail or
workhouse, or
administrator of the violation sanction center
shall deduct the
balance of the account and
transmit that amount to the clerk. The
clerk shall inform the
court of the amount of the requisite fees
still owed.
Sec. 2969.25. (A) At the time that an inmate commences a
civil
action or appeal against a government entity or employee,
the inmate shall
file with the court an affidavit that contains a
description of each civil
action or appeal of a civil action that
the inmate has filed in the previous
five years in any state or
federal court. The affidavit shall include all of
the following
for each of those civil actions or appeals: (1) A brief description of the nature of the civil action or
appeal; (2) The case name, case number, and the court in which
the
civil action or appeal was brought; (3) The name of each party to the civil action or appeal; (4) The outcome of the civil action or appeal,
including
whether the court dismissed the civil action or appeal as
frivolous or malicious under state or federal law or rule of
court, whether
the court made
an award against the inmate or the
inmate's counsel of
record for frivolous conduct under section
2323.51 of the
Revised Code, another statute, or a rule of court,
and, if
the
court so dismissed the action or appeal or made an
award of that nature, the
date of the final order affirming the
dismissal or award. (B) If an inmate who files a civil
action in a court of
common pleas, court of appeals, county court, or
municipal court
or in the supreme court or an inmate who files an appeal from
a
judgment or order in a civil action in any of those courts has
filed three
or more civil actions or appeals of civil actions in a
court of
record in this state in the preceding twelve months or
previously has been
subject to the review procedure described in
this division, the court may
appoint a member of the bar to review
the claim that is the basis of the civil
action or the issues of
law that are the basis of the appeal and to make a
recommendation
regarding whether the claim asserted in the action or the
issues
of law raised in the appeal are frivolous or malicious under
section
2969.24 of the
Revised Code, any other provision of law,
or rule of court. (C) If an inmate who files a civil
action or appeal against
a government entity or employee seeks a waiver
of the prepayment
of the full filing fees assessed by the court in which the
action
or appeal is filed, the inmate shall file with the complaint or
notice of
appeal an affidavit that the inmate is seeking a waiver
of the prepayment of
the court's full filing fees and an affidavit
of indigency. The affidavit of
waiver and the affidavit of
indigency shall contain all of the following: (1) A statement that sets forth the balance in the inmate
account of the
inmate for each of the preceding six months, as
certified by the institutional
cashier; (2) A statement that sets forth all other cash and things of
value owned
by the inmate at that time.
SECTION 2. That existing sections 2323.52, 2501.16,
2503.17,
2969.21, 2969.22, and 2969.25 of the Revised Code are
hereby
repealed.
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