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(125th General Assembly)(Substitute House Bill Number 38)
AN ACTTo amend sections 1901.01, 1901.02, 1901.03, 1901.07, 1901.08, 1901.34, 1907.11, 2151.23, 2301.02, 2301.03, 4705.07, and 4705.99 of the Revised Code to specifically prohibit a person not licensed to practice law in Ohio from performing any act prohibited by the Supreme Court as the unauthorized practice of law and to provide for the recovery of damages for a violation of the prohibition; to change the status of the judge of the Napoleon Municipal Court from part-time to full-time; to create the Darke County Municipal Court on January 1, 2005, and establish one full-time judgeship in that Court; to abolish the Darke County County Court on January 1, 2005; to provide for the nomination only by petition of the judges of the Brown County Municipal Court and the Morrow County Municipal Court; to add one additional judge for the Domestic Relations Division of the Licking County Court of Common Pleas to be elected in 2004; to add one additional judgeship for the Franklin County Court of Common Pleas to be elected in 2004; to clarify the jurisdiction and administration of the Domestic Relations Division of the Muskingum County Court of Common Pleas; to modify the jurisdiction and administration of the Domestic Relations Division of the Richland County Court of Common Pleas; 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, 1901.03, 1901.07, 1901.08, 1901.34, 1907.11, 2151.23, 2301.02, 2301.03, 4705.07, and 4705.99 of the Revised Code be amended to read as follows:
Sec. 1901.01. (A) There is hereby established a municipal
court in each of the following municipal corporations: Akron, Alliance, Ashland, Ashtabula, Athens, Avon Lake,
Barberton, Bedford, Bellefontaine, Bellevue, Berea,
Bowling Green,
Bryan, Bucyrus, Cambridge, Campbell, Canton,
Celina, Chardon,
Chesapeake, Chillicothe, Cincinnati,
Circleville, Cleveland,
Cleveland Heights, Columbus, Conneaut,
Coshocton, Cuyahoga Falls,
Dayton, Defiance, Delaware, East
Cleveland, East Liverpool, Eaton,
Elyria, Euclid, Fairborn,
Fairfield, Findlay, Fostoria, Franklin,
Fremont, Gallipolis,
Garfield Heights,
Georgetown, Girard,
Greenville, 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"; (24) The municipal court established in Greenville that, beginning January 1, 2005, shall be styled and known as the "Darke 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.
Beginning January 1, 2005, the Darke county municipal court has jurisdiction within Darke county except within the municipal corporation of Bradford. 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. 1901.03. 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,
Darke 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. 1901.07. (A) All municipal court judges shall be
elected on the nonpartisan ballot for terms of six years. In a
municipal court in which only one judge is to be elected in any
one year, his that judge's term commences on the first day of
January after
the election. In a municipal court in which two or more judges
are to be elected in any one year, their terms commence on
successive days beginning the first day of January, following the
election, unless otherwise provided by section 1901.08 of the
Revised Code. (B) All candidates for municipal judge may be nominated
either by nominating petition or by primary election, except that
if the jurisdiction of a municipal court extends only to the
corporate limits of the municipal corporation in which the court
is located and that municipal corporation operates under a
charter, all candidates shall be nominated in the same manner
provided in the charter for the office of municipal judge, or if
no specific provisions are made in the charter for the office of
municipal judge, in the same manner as the charter prescribes for
the nomination and election of the legislative authority of the
municipal corporation. If a municipal corporation that has a municipal court has a
charter that specifies a primary date other than the date
specified in division (E) of section 3501.01 of the Revised Code,
and if the jurisdiction of the court extends beyond the corporate
limits of the municipal corporation, all candidates for the
office of municipal judge of that court shall be nominated only
by petition. If no charter provisions apply, all candidates for party
nomination to the office of municipal judge shall file a
declaration of candidacy and petition not later than four p.m.
of the seventy-fifth day before the day of the primary election,
or if the primary election is a presidential primary election,
not later than four p.m. of the sixtieth day before the day of
the presidential primary election, in the form prescribed by
section 3513.07 of the Revised Code. The petition shall conform
to the requirements provided for such petitions of candidacy
contained in section 3513.05 of the Revised Code. If no valid
declaration of candidacy is filed for nomination as a candidate
of a political party for election to the office of municipal
judge, or if the number of persons filing the declarations of
candidacy for nominations as candidates of one political party
for election to the office does not exceed the number of
candidates that that party is entitled to nominate as its
candidates for election to the office, no primary election shall
be held for the purpose of nominating candidates of that party
for election to the office, and the candidates shall be issued
certificates of nomination in the manner set forth in section
3513.02 of the Revised Code. If no charter provisions apply, nonpartisan candidates
filing nominating petitions for the office of municipal judge
shall file them not later than four p.m. of the day before the
day of the primary election, in the form prescribed by section
3513.261 of the Revised Code. The petition shall conform to the
requirements provided for such petitions of candidacy contained
in section 3513.257 of the Revised Code. The nominating petition or declaration of candidacy for a
municipal judge shall contain a designation of the term for which
the candidate seeks election. At the following regular municipal
election, the candidacies of the judges nominated shall be
submitted to the electors of the territory on a nonpartisan,
judicial ballot in the same manner as provided for judges of the
court of common pleas, except that, in a municipal corporation
operating under a charter, all candidates for municipal judge
shall be elected in conformity with the charter if provisions are
made in the charter for the election of municipal judges. (C) Notwithstanding divisions (A) and (B) of this section,
in the following municipal courts, the judges shall be nominated
and elected as follows: (1) In the Cleveland municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least one thousand electors of the territory of the court. It
shall be in the statutory form and shall be filed in the manner
and within the time prescribed by the charter of the city of
Cleveland for filing petitions of candidates for municipal
offices. Each elector shall have the right to sign petitions for
as many candidates as are to be elected, but no more. The judges
shall be elected by the electors of the territory of the court in
the manner provided by law for the election of judges of the
court of common pleas. (2) In the Toledo municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least one thousand electors of the territory of the court. It
shall be in the statutory form and shall be filed in the manner
and within the time prescribed by the charter of the city of
Toledo for filing nominating petitions for city council. Each
elector shall have the right to sign petitions for as many
candidates as are to be elected, but no more. The judges shall
be elected by the electors of the territory of the court in the
manner provided by law for the election of judges of the court of
common pleas. (3) In the Akron municipal court, the judges shall be
nominated only by petition. The petition shall be signed by at
least two hundred fifty electors of the territory of the court.
It shall be in statutory form and shall be filed in the manner
and within the time prescribed by the charter of the city of
Akron for filing nominating petitions of candidates for municipal
offices. Each elector shall have the right to sign petitions for
as many candidates as are to be elected, but no more. The judges
shall be elected by the electors of the territory of the court in
the manner provided by law for the election of judges of the
court of common pleas. (4) In the Hamilton county municipal court, the judges
shall be nominated only by petition. The petition shall be
signed by at least one thousand electors of the territory of the
court, which petitions shall be signed, verified, and filed in
the manner and within the time required by law for nominating
petitions for members of council of the city of Cincinnati. The
judges shall be elected by the electors of the territory of the
court at the regular municipal election and in the manner
provided by law for the election of judges of the court of common
pleas. (5) In the Franklin county municipal court, the judges
shall be nominated only by petition. The petition shall be
signed by at least one thousand electors of the territory of the
court. The petition shall be in the statutory form and shall be
filed in the manner and within the time prescribed by the charter
of the city of Columbus for filing petitions of candidates for
municipal offices. The judges shall be elected by the electors
of the territory of the court in the manner provided by law for
the election of judges of the court of common pleas. (6) In the Auglaize, Brown, Clermont, Crawford, Hocking, Jackson,
Lawrence, Madison, Miami, Morrow, Portage, and Wayne county municipal
courts, the judges shall be nominated only by petition. The
petitions shall be signed by at least two hundred fifty electors
of the territory of the court and shall conform to the provisions
of this section. (D) As used in this section, as to an election for either
a full or an unexpired term, "the territory within the
jurisdiction of the court" means such territory as it will be on
the first day of January after the election.
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 Darke county municipal court, one full-time judge shall be elected in 2005. Beginning January 1, 2005, the part-time judge of the Darke county county court that existed prior to that date whose term began on January 1, 2001, shall serve as the full-time judge of the Darke county municipal court until December 31, 2005. 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 full-time judge shall be
elected in 1963 2005. 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. 1901.34. (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 Darke county prosecuting attorney shall prosecute in the Darke county municipal court all violations of state law arising in the county, except for violations of state law arising in the municipal corporation of Greenville and violations of state law arising in the village of Versailles. 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. 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 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 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. 2151.23. (A) The juvenile court has exclusive
original
jurisdiction under the Revised Code as follows: (1) Concerning any child who on or about the date
specified
in the complaint, indictment, or information is alleged to have
violated section 2151.87 of the Revised Code or an order issued
under that section or to be a juvenile traffic
offender or a
delinquent, unruly, abused, neglected, or
dependent child
and,
based on and in relation to the allegation pertaining to the
child,
concerning the parent, guardian, or other person having
care
of a child who is alleged to be an unruly or delinquent child
for being an
habitual or chronic
truant; (2) Subject to division divisions (G) and (V) of section 2301.03 of the
Revised Code, to
determine the custody of any child not a ward of
another court of this state; (3) To hear and determine any application for a writ of
habeas corpus involving the custody of a child; (4) To exercise the powers and jurisdiction given the
probate division of the court of common pleas in Chapter 5122.
of
the Revised Code, if the court has probable cause to believe
that
a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as
defined in section 5122.01 of the Revised Code; (5) To hear and determine all criminal cases charging
adults
with the violation of any section of this chapter; (6) To hear and determine all criminal cases in which an
adult is charged with a violation of division (C) of section
2919.21, division (B)(1) of section 2919.22, section 2919.222,
division (B) of
section 2919.23, or section 2919.24 of the Revised
Code, provided
the charge is not included in an indictment that
also charges the
alleged adult offender with the commission of a
felony arising
out of the same actions that are the basis of the
alleged
violation of division (C) of section 2919.21, division
(B)(1) of
section 2919.22, section 2919.222, division (B) of
section
2919.23, or section
2919.24 of the Revised Code; (7) Under the interstate compact on juveniles in section
2151.56 of the Revised Code; (8) Concerning any child who is to be taken into custody
pursuant to section 2151.31 of the Revised Code, upon being
notified of the intent to take the child into custody and the
reasons for taking the child into custody; (9) To hear and determine requests for the extension of
temporary custody agreements, and requests for court approval of
permanent custody agreements, that are filed pursuant to section
5103.15 of the Revised Code; (10) To hear and determine applications for consent to
marry
pursuant to section 3101.04 of the Revised Code; (11) Subject to division divisions (G) and (V) of section 2301.03 of the
Revised Code, to hear
and determine a request for an order for the
support of any child if the request 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, or an action for support brought under Chapter
3115. of the Revised Code; (12) Concerning an action commenced under section 121.38 of
the Revised
Code; (13) To hear and determine violations of section 3321.38
of
the Revised Code; (14) To exercise
jurisdiction and authority over the
parent,
guardian, or other person having care of a child alleged
to be a
delinquent child, unruly child, or juvenile traffic
offender,
based on and in relation to the allegation pertaining to
the
child; (15) To conduct the hearings, and to make the determinations,
adjudications, and orders authorized or required under sections
2152.82 to 2152.85 and Chapter 2950. of the Revised Code regarding
a
child who has been adjudicated a delinquent child and to refer
the duties conferred upon the juvenile court judge under sections
2152.82 to 2152.85 and Chapter 2950. of the Revised Code to
magistrates appointed by the juvenile court judge in accordance
with Juvenile Rule 40. (B) Except as provided in division divisions (G) and (I) of section 2301.03 of
the Revised
Code, the juvenile court has original jurisdiction
under the
Revised Code: (1) To hear and determine all cases of misdemeanors
charging
adults with any act or omission with respect to any
child, which
act or omission is a violation of any state law or
any municipal
ordinance; (2) To determine the paternity of any child alleged to
have
been born out of wedlock pursuant to sections 3111.01 to 3111.18
of the
Revised Code; (3) Under the uniform interstate family support
act in
Chapter 3115. of the Revised Code; (4) To hear and determine an application for an order for
the support of any child, if the child is not a ward of another
court of this state; (5) To hear and determine an action commenced under section
3111.28
of the Revised Code; (6) To hear and determine a motion filed under section
3119.961 of the Revised Code. (C) The juvenile court, except as to juvenile courts that
are a separate division of the court of common pleas or a
separate
and independent juvenile court, has jurisdiction to
hear,
determine, and make a record of any action for divorce or
legal
separation that involves the custody or care of children
and that
is filed in the court of common pleas and certified by
the court
of common pleas with all the papers filed in the action
to the
juvenile court for trial, provided that no certification of
that
nature shall
be made to any juvenile court unless the consent of
the juvenile judge
first is obtained. After a certification of
that nature is made
and consent is
obtained, the juvenile court
shall proceed as if the action originally had
been begun in that
court, except as to awards for spousal support
or support due and
unpaid at the time of certification, over
which the juvenile court
has no jurisdiction. (D) The juvenile court, except as provided in division divisions (G) and (I)
of section 2301.03
of the Revised Code, has jurisdiction to hear
and
determine all matters as to custody and support of children
duly
certified by the court of common pleas to the juvenile court
after a divorce decree has been granted, including jurisdiction
to
modify the judgment and decree of the court of common pleas as
the
same relate to the custody and support of children. (E) The juvenile court, except as provided in division divisions (G) and (I)
of section 2301.03
of the Revised Code, has jurisdiction to hear
and
determine the case of any child certified to the court by any
court of competent jurisdiction if the child comes within the
jurisdiction of the juvenile court as defined by this section. (F)(1) The juvenile court shall exercise its jurisdiction
in
child custody matters in accordance with sections 3109.04,
3109.21
to 3109.36, and 5103.20 to 5103.28 of the Revised Code. (2) The juvenile court shall exercise its jurisdiction in
child support matters in accordance with section 3109.05 of the
Revised Code. (G) Any
juvenile court that
makes or modifies an order for
child support
shall comply with
Chapters 3119., 3121., 3123., and
3125. of the Revised Code. If any person
required to pay
child
support under an order made by a juvenile
court on or after
April
15, 1985, or modified on or after December
1, 1986, is
found in
contempt of court for failure to make support
payments
under the
order, the court that makes the finding, in
addition to
any other
penalty or remedy imposed, shall assess all
court costs
arising
out of the contempt proceeding against the
person and
require the
person to pay any reasonable attorney's
fees of any
adverse party,
as determined by the court, that arose
in relation
to the act of
contempt. (H) If a child who is charged with an act that would be an
offense if committed by an adult was fourteen years of age or
older and under
eighteen years of age at the time of the alleged
act and if the case is
transferred for criminal prosecution
pursuant to section 2152.12 of the
Revised Code, the
juvenile
court does not have jurisdiction to hear or
determine the case
subsequent to the transfer. The court to which the
case is
transferred for criminal prosecution pursuant to that
section has
jurisdiction subsequent to the transfer to hear and
determine the
case in the same manner as if the case originally
had been
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea
authorized
by Criminal Rule 11 or another section
of the Revised Code and
jurisdiction to accept a
verdict and to enter a judgment of
conviction pursuant to the
Rules of Criminal Procedure against the
child for the commission of the offense that was the basis of the
transfer of the case for criminal prosecution, whether the
conviction is for the same degree or a lesser degree of the
offense charged, for the commission of a lesser-included offense,
or for the commission of another offense that is different from
the offense charged. (I) If a person under eighteen
years of age allegedly
commits an act that would be a felony if committed by
an adult and
if the person is not taken into custody or apprehended for that
act until after the person attains twenty-one years of age, the
juvenile court
does not have jurisdiction to hear or determine any
portion of the case
charging the person with committing that act.
In those circumstances,
divisions (A) and (B) of section 2152.12
of the
Revised Code do not apply regarding the act, and the case
charging the person with committing the act shall be a criminal
prosecution
commenced and heard in the appropriate court having
jurisdiction of the
offense as if the person had been eighteen
years of age or older when the
person committed the act. All
proceedings pertaining to the act shall be
within the jurisdiction
of the court having jurisdiction of the offense, and
that court
has all the authority and
duties
in the case that it has in other
criminal cases in
that court. Sec. 2301.02. The number of judges of the court of common
pleas for each county, the time for the next election of the
judges in the several counties, and the beginning of their terms
shall be as follows: (A) In Adams, Ashland, Fayette, and Pike counties, one
judge, elected in 1956, term to begin February 9, 1957; In Brown, Crawford, Defiance, Highland, Holmes, Morgan,
Ottawa, and Union counties, one judge, to be elected in 1954,
term
to begin February 9, 1955; In Auglaize county, one judge, to be elected in 1956, term
to
begin January 9, 1957; In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,
Jackson, Knox, Madison, Mercer, Monroe, Morrow, Paulding,
Vinton, and Wyandot counties, one judge, to be elected in 1956,
term to begin January 1, 1957; In Logan county, two judges, one to be elected in 1956, term to begin January 1, 1957, and one to be elected in 2004, term to begin January 2, 2005; In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway,
Preble, Shelby, Van Wert, and Williams counties, one judge, to be
elected in 1952, term to begin January 1, 1953; In Harrison and Noble counties, one judge, to be elected in
1954, term to begin April 18, 1955; In Henry county, two judges, one to be elected in 1956, term to begin May 9, 1957, and one to be elected in 2004, term to begin January 1, 2005; In Putnam county, one judge, to be elected in
1956, term to begin May 9, 1957; In Huron county, one judge, to be elected in 1952, term to
begin May 14, 1953; In Perry county, one judge, to be elected in 1954, term to
begin July 6, 1956; In Sandusky county, two judges, one to be elected in 1954,
term to begin February 10, 1955, and one to be elected in 1978,
term to begin January 1, 1979; (B) In Allen county, three judges, one to be elected in
1956, term to begin February 9, 1957, the second to be elected in
1958, term to begin January 1, 1959, and the third to be elected
in 1992, term to begin January 1, 1993; In Ashtabula county, three judges, one to be elected in
1954,
term to begin February 9, 1955, one to be elected in 1960,
term to
begin January 1, 1961, and one to be elected in 1978,
term to
begin January 2, 1979; In Athens county, two judges, one to be elected in 1954,
term
to begin February 9, 1955, and one to be elected in 1990,
term to
begin July 1, 1991; In Erie county, four judges, one to be elected in 1956, term
to begin January 1, 1957, the second to be elected in 1970,
term to begin January 2, 1971, the third to be elected in 2004, term to begin January 2, 2005, and the fourth to be elected in 2008, term to begin February 9, 2009; In Fairfield county, three judges, one to be elected in
1954,
term to begin February 9, 1955, the second to be elected in
1970,
term to begin January 1, 1971, and the third to be elected
in
1994, term to begin January 2, 1995; In Geauga county, two judges, one to be elected in 1956,
term
to begin January 1, 1957, and the second to be elected in
1976,
term to begin January 6, 1977; In Greene county, four judges, one to be elected in 1956,
term to begin February 9, 1957, the second to be elected in 1960,
term to begin January 1, 1961, the third to be elected in 1978,
term to begin January 2, 1979, and the fourth to be elected in
1994, term to begin January 1, 1995; In Hancock county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and the second to be elected in
1978, term to begin January 1, 1979; In Lawrence county, two judges, one to be elected in 1954,
term to begin February 9, 1955, and the second to be elected in
1976, term to begin January 1, 1977; In Marion county, three judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in
1976,
term to begin January 2, 1977, and the third to be elected in
1998, term
to begin February 9, 1999; In Medina county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1966,
term to begin January 1, 1967, and the third to be elected in
1994, term to begin January 1, 1995; In Miami county, two judges, one to be elected in 1954,
term
to begin February 9, 1955, and one to be elected in 1970,
term to
begin on January 1, 1971; In Muskingum county,
three judges, one to be elected in
1968,
term to begin August 9, 1969,
one to be elected in 1978,
term
to begin January 1, 1979, and one to be elected in 2002, term
to begin January 2, 2003; In Portage county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1960,
term to begin January 1, 1961, and the third to be elected in
1986, term to begin January 2, 1987; In Ross county, two judges, one to be elected in 1956, term
to begin February 9, 1957, and the second to be elected in 1976,
term to begin January 1, 1977; In Scioto county, three judges, one to be elected in 1954,
term to begin February 10, 1955, the second to be elected in
1960,
term to begin January 1, 1961, and the third to be elected
in
1994, term to begin January 2, 1995; In Seneca county, two judges, one to be elected in 1956,
term
to begin January 1, 1957, and the second to be elected in
1986,
term to begin January 2, 1987; In Warren county,
four judges, one to be elected in
1954,
term to begin February 9, 1955, the second to be elected in
1970,
term to begin January 1, 1971,
the third to be elected
in
1986, term to begin January 1, 1987, and the fourth to be
elected in 2004, term to begin January 2, 2005; In Washington county, two judges, one to be elected in
1952,
term to begin January 1, 1953, and one to be elected in
1986, term
to begin January 1, 1987; In Wood county, three judges, one to be elected in 1968,
term
beginning January 1, 1969, the second to be elected in 1970,
term
to begin January 2, 1971, and the third to be elected in
1990,
term to begin January 1, 1991; In Belmont and Jefferson counties, two judges, to be
elected
in 1954, terms to begin January 1, 1955, and February 9,
1955,
respectively; In Clark county, four judges, one to be elected in 1952,
term
to begin January 1, 1953, the second to be elected in 1956,
term
to begin January 2, 1957, the third to be elected in 1986,
term to
begin January 3, 1987, and the fourth to be elected in
1994, term
to begin January 2, 1995. In Clermont county, four judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1964,
term to begin January 1, 1965, the third to be elected in 1982,
term to begin January 2, 1983, and the fourth to be elected in
1986, term to begin January 2, 1987; In Columbiana county, two judges, one to be elected in
1952,
term to begin January 1, 1953, and the second to be elected
in
1956, term to begin January 1, 1957; In Delaware county, two judges, one to be elected in 1990,
term to begin February 9, 1991, the second to be elected in 1994,
term to begin January 1, 1995; In Lake county, six judges, one to be elected in 1958,
term
to begin January 1, 1959, the second to be elected in 1960,
term
to begin January 2, 1961, the third to be elected in 1964,
term to
begin January 3, 1965, the fourth and fifth to be
elected in 1978,
terms to begin January 4, 1979, and January
5, 1979, respectively,
and the sixth to be elected in 2000, term to
begin January 6,
2001; In Licking county, three four judges, one to be elected in 1954,
term to begin February 9, 1955, one to be elected in 1964, term
to
begin January 1, 1965, and one to be elected in 1990, term to
begin January 1, 1991, and one to be elected in 2004, term to begin January 1, 2005; In Lorain county, eight judges, two to be elected in 1952,
terms to begin January 1, 1953, and January 2, 1953,
respectively,
one to be elected in 1958, term to begin January 3,
1959, one to
be elected in 1968, term to begin January 1, 1969,
two to be
elected in 1988, terms to begin January 4, 1989,
and January 5,
1989, respectively, and two to be elected in 1998, terms to
begin
January 2, 1999, and January 3, 1999, respectively; In Butler county,
ten judges, one to be elected in
1956,
term to begin January 1, 1957; two to be elected in 1954,
terms
to
begin January 1, 1955, and February 9, 1955,
respectively; one
to
be elected in 1968, term to begin January 2,
1969; one to be
elected in 1986, term to begin January 3, 1987;
two to be elected
in 1988, terms to begin January 1, 1989, and
January 2, 1989,
respectively;
one to be elected in 1992, term
to begin
January 4,
1993;
and
two to be elected in 2002,
terms to
begin
January
2,
2003, and January 3, 2003, respectively; In Richland county, four judges, one to be elected in
1956,
term to begin January 1, 1957, the second to be elected in
1960,
term to begin February 9, 1961, the third to be elected
in
1968, term to begin January 2, 1969, and the fourth to be elected in 2004, term to begin January 3, 2005; In Tuscarawas county, two judges, one to be elected in
1956,
term to begin January 1, 1957, and the second to be elected
in
1960, term to begin January 2, 1961; In Wayne county, two judges, one to be elected in 1956,
term
beginning January 1, 1957, and one to be elected in 1968,
term to
begin January 2, 1969; In Trumbull county, six judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in 1954,
term to begin January 1, 1955, the third to be elected in 1956,
term to begin January 1, 1957, the fourth to be elected in 1964,
term to begin January 1, 1965, the fifth to be elected in 1976,
term to begin January 2, 1977, and the sixth to be elected
in
1994, term to begin January 3, 1995; (C) In Cuyahoga county, thirty-nine judges; eight to be
elected in 1954, terms to begin on successive days beginning from
January 1, 1955, to January 7, 1955, and February 9, 1955,
respectively; eight to be elected in 1956, terms to begin on
successive days beginning from January 1, 1957, to January 8,
1957; three to be elected in 1952, terms to begin from January 1,
1953, to January 3, 1953; two to be elected in 1960, terms to
begin on January 8, 1961, and January 9, 1961, respectively; two
to be elected in 1964, terms to begin January 4, 1965, and
January
5, 1965, respectively; one to be elected in 1966, term to
begin on
January 10, 1967; four to be elected in 1968, terms to
begin on
successive days beginning from January 9, 1969, to
January 12,
1969; two to be elected in 1974, terms to begin on
January 18,
1975, and January 19, 1975, respectively; five to be
elected in
1976, terms to begin on successive days beginning
January 6, 1977,
to January 10, 1977; two to be elected in 1982,
terms to begin
January 11, 1983, and January 12, 1983,
respectively; and two to
be elected in 1986, terms to begin
January 13, 1987, and January
14, 1987, respectively; In Franklin county, twenty-one twenty-two judges; two to be elected
in
1954, terms to begin January 1, 1955, and February 9, 1955,
respectively; four to be elected in 1956, terms to begin January
1, 1957, to January 4, 1957; four to be elected in 1958, terms to
begin January 1, 1959, to January 4, 1959; three to be elected in
1968, terms to begin January 5, 1969, to January 7, 1969; three
to
be elected in 1976, terms to begin on successive days
beginning
January 5, 1977, to January 7, 1977; one to be elected
in 1982,
term to begin January 8, 1983; one to be elected in
1986, term to
begin January 9, 1987; two to be elected in
1990, terms to begin
July 1, 1991, and July 2, 1991,
respectively; and one to be
elected in 1996, term to begin
January 2, 1997; and one to be elected in 2004, term to begin July 1, 2005; In Hamilton county, twenty-one judges; eight to be
elected in
1966, terms to begin January 1, 1967, January 2, 1967, and from
February 9, 1967, to February 14, 1967, respectively; five to be
elected in 1956, terms to begin from January 1, 1957, to January
5, 1957; one to be elected in 1964, term to begin January 1,
1965;
one to be elected in 1974, term to begin January 15, 1975;
one to
be elected in 1980, term to begin January 16, 1981; two to
be
elected at large in the general election in 1982, terms to
begin
April 1, 1983; one to be elected in 1990, term to begin
July 1,
1991; and two to be elected in 1996, terms to begin
January 3,
1997, and January 4, 1997, respectively; In Lucas county, fourteen judges; two to be elected in
1954,
terms to begin January 1, 1955, and February 9, 1955,
respectively; two to be elected in 1956, terms to begin January
1,
1957, and October 29, 1957, respectively; two to be elected in
1952, terms to begin January 1, 1953, and January 2, 1953,
respectively; one to be elected in 1964, term to begin January 3,
1965; one to be elected in 1968, term to begin January 4, 1969;
two to be elected in 1976, terms to begin January 4, 1977, and
January 5, 1977, respectively; one to be elected in 1982, term to
begin January 6, 1983; one to be elected in 1988, term to begin
January 7, 1989; one to be elected in 1990, term to begin January
2, 1991; and one to be elected in 1992, term to begin January 2,
1993; In Mahoning county, seven judges; three to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, and
February 9, 1955, respectively; one to be elected in 1956, term
to
begin January 1, 1957; one to be elected in 1952, term to
begin
January 1, 1953; one to be elected in 1968, term to begin
January
2, 1969; and one to be elected in 1990, term to begin
July 1,
1991; In Montgomery county, fifteen judges; three to be elected
in
1954, terms to begin January 1, 1955, January 2, 1955, and
January
3, 1955, respectively; four to be elected in 1952, terms
to begin
January 1, 1953, January 2, 1953, July 1, 1953, July 2,
1953,
respectively; one to be elected in 1964, term to begin
January 3,
1965; one to be elected in 1968, term to begin January
3, 1969;
three to be elected in 1976, terms to begin on
successive days
beginning January 4, 1977, to January 6, 1977;
two to be elected
in 1990, terms to begin July 1, 1991, and July
2, 1991,
respectively; and one to be elected in 1992, term to
begin January
1, 1993. In Stark county, eight judges; one to be elected in 1958,
term to begin on January 2, 1959; two to be elected in 1954,
terms
to begin on January 1, 1955, and February 9, 1955,
respectively;
two to be elected in 1952, terms to begin January
1, 1953, and
April 16, 1953, respectively; one to be elected in
1966, term to
begin on January 4, 1967; and two to be elected in
1992, terms to
begin January 1, 1993, and January 2, 1993,
respectively; In Summit county, eleven judges; four to be elected in
1954,
terms to begin January 1, 1955, January 2, 1955, January 3,
1955,
and February 9, 1955, respectively; three to be elected in
1958,
terms to begin January 1, 1959, January 2, 1959, and May
17, 1959,
respectively; one to be elected in 1966, term to begin
January 4,
1967; one to be elected in 1968, term to begin January
5, 1969;
one to be elected in 1990, term to begin May 1, 1991;
and one to
be elected in 1992, term to begin January 6, 1993. Notwithstanding the foregoing provisions, in any county
having two or more judges of the court of common pleas, in which
more than one-third of the judges plus one were previously
elected
at the same election, if the office of one of those
judges so
elected becomes vacant more than forty days prior to
the second
general election preceding the expiration of that
judge's term,
the office that that judge had filled shall be
abolished as of the
date of the next general election, and a new
office of judge of
the court of common pleas shall be created. The judge who
is to
fill that new office shall be elected for a
six-year term at the
next general election, and the term
of that judge shall commence
on the first day of the year following
that general
election, on
which day no other judge's term begins, so that the
number of
judges that the county shall elect shall
not be
reduced. Judges of the probate division of the court of common pleas
are judges of the court of common pleas but shall be elected
pursuant to sections 2101.02 and 2101.021 of the Revised Code,
except in Adams, Harrison, Henry, Morgan, Morrow, Noble, and
Wyandot counties in which the judge of the court of common pleas
elected pursuant to this section also shall serve as judge
of the
probate division. Sec. 2301.03. (A) In Franklin county, the judges of the
court of common pleas whose terms begin on January 1, 1953,
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,
1997, and
successors, shall have the same qualifications, exercise
the same
powers and jurisdiction, and receive the same
compensation as
other judges of the court of common pleas of
Franklin county and
shall be elected and designated as judges of
the court of common
pleas, division of domestic relations. They
shall have all the
powers relating to juvenile courts, and all
cases under
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. The
successors to
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
condition of a community control sanction 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 an offense for which a community control sanction may be imposed or is a case in
which
a mandatory prison term or a mandatory jail 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. (5) As used in division (B) of this section, "community control sanction," "mandatory prison term," and "mandatory jail term" have the same meanings as in section 2929.01 of the Revised Code. (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: (1) 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 be assigned to that judge and hear all divorce,
dissolution of
marriage, legal separation, and annulment cases
that come before the court, all domestic violence cases arising under section 3113.31 of the Revised Code, and all post-decree proceedings arising from any case pertaining to any of those matters. The division of domestic relations has concurrent jurisdiction with the juvenile division of the court of common pleas of Richland county to determine the care, custody, or control of any child not a ward of another court of this state, and to hear and determine a request for an order for the support of any child if the request 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, or an action for support brought under Chapter 3115. of the Revised Code. Except in cases that are subject to the exclusive original jurisdiction of the juvenile court, the judge of the division of domestic relations shall have be assigned to that judge and hear all cases pertaining to paternity or parentage, the care, custody, or control of children, parenting time or visitation, child support, or the allocation of parental rights and responsibilities for the care of children, all proceedings arising under Chapter 3111. of the Revised Code, all proceedings arising under the uniform interstate family support act contained in Chapter 3115. of the Revised Code, and all post-decree proceedings arising from any case pertaining to any of those matters. The judge of the division of domestic relations shall have assigned to that judge and hear all proceedings under the uniform interstate family support act contained in Chapter 3115. of the Revised Code. 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. The judge shall have charge of the employment, assignment, and supervision of the personnel of the domestic relations division, including any magistrates the judge considers necessary for the discharge of the judge's duties. The judge shall also designate the title, compensation, expense allowances, hours, leaves of absence, vacation, and other employment-related matters of the personnel of the division and shall fix their duties.
(2) The judge of the court of common pleas whose term begins on January 3, 2005, 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 Richland 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 or parentage, the care, custody, or control of children, parenting time or 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 In addition to the judge's regular duties, the judge of the 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 magistrates whom the judge considers necessary for the discharge of the judge's various duties. The judge of the juvenile division 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, conciliation, and mediation 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. (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: (1) The judge of the court of common pleas
whose term begins on January 2, 1971, and the successors to that judge whose terms begin before January 2, 2007, 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. On or after January 2, 2007, the judge of the court of common pleas who is elected in 2006 shall be the successor to the judge of the domestic relations division whose term expires on January 1, 2007, shall be 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.
(2) The judge of the court of common pleas, general division, whose term begins on January 1, 2005, and successors, the judge of the court of common pleas, general division whose term begins on January 2, 2005, and successors, and the judge of the court of common pleas, general division, whose term begins February 9, 2009, and successors, shall have assigned to them, in addition to all matters that are within the jurisdiction of the general division of the court of common pleas, all divorce, dissolution of marriage, legal separation, and annulment cases coming before the court, and all matters that are within the jurisdiction of the probate court under Chapter 2101., and other provisions, of the Revised Code. (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 judges of the court of common
pleas, whose term begins terms begin on January 1, 1991, and January 1, 2005, 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 judges of the court of common pleas,
division of domestic relations. The judge judges 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 administrative
judge of the division of domestic relations 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 administrative judge of the division of domestic relations 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, 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
any case pertaining to
any of
those
matters 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. (BB) In Henry county, the judge of the court of common pleas whose term begins on January 1, 2005, 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 Henry county and shall be elected and designated as the judge of the court of common pleas, division of domestic relations. The judge shall have all of the powers relating to juvenile courts, and all cases under Chapter 2151. or 2152. of the Revised Code, all parentage proceedings arising under Chapter 3111. of the Revised Code over which the juvenile court has jurisdiction, 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, except in cases that for some special reason are assigned to the other judge of the court of common pleas. (CC)(1) In Logan county, the judge of the court of common pleas whose term begins January 2, 2005, 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 Logan 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 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. Notwithstanding any other provision of any section of the Revised Code, on and after January 2, 2005, the judge of the court of common pleas of Logan county whose term begins on January 2, 2005, and the successors to that judge, shall have all the powers relating to the probate division of the court of common pleas of Logan 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 (CC)(1) of this section.
(2) The judge of the domestic relations-juvenile-probate division of the court of common pleas of Logan county or the probate judge of the court of common pleas of Logan county who is elected as the administrative judge of the probate division of the court of common pleas of Logan county pursuant to Rule 4 of the Rules of Superintendence shall be the clerk of the probate division and juvenile division of the court of common pleas of Logan county. The clerk of the court of common pleas who is elected pursuant to section 2303.01 of the Revised Code shall keep all of the journals, records, books, papers, and files pertaining to the domestic relations cases.
(3) On and after January 2, 2005, 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 Logan 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 January 2, 2005, all references in law to "the clerk of the probate court" shall be construed, with respect to Logan county, as being references to the judge who is serving pursuant to division (CC)(2) of this section as the clerk of the probate division of the court of common pleas of Logan county. (DD) 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. 4705.07. (A) No person who is not licensed to
practice law in this
state shall do either any of the following: (1) Hold that person out in any manner as an attorney at law; (2) Represent that person orally or in writing, directly or
indirectly, as being authorized to practice law; (3) Commit any act that is prohibited by the supreme court as being the unauthorized practice of law. (B)(1) The use of "lawyer," "attorney at law," "counselor at law,"
"law," "law
office," or other equivalent words by any person who is not licensed to
practice law, in
connection with that person's own name, or any sign,
advertisement, card, letterhead,
circular, or other writing, document, or design, the evident purpose of which
is to induce others to believe that person to be an
attorney, constitutes
holding out within the meaning of division (A)(1) of this
section.
(2) Only the supreme court may make a determination that any person has committed the unauthorized practice of law in violation of division (A)(3) of this section. (C)(1) If necessary to serve the public interest and consistent with the rules of the supreme court, any person who is authorized to bring a claim before the supreme court that alleges the unauthorized practice of law in violation of division (A)(3) of this section may make a motion to the supreme court to seek interim relief prior to the final resolution of the person's claim.
(2) Any person who is damaged by another person who commits a violation of division (A)(3) of this section may commence a civil action to recover actual damages from the person who commits the violation, upon a finding by the supreme court that the other person has committed an act that is prohibited by the supreme court as being the unauthorized practice of law in violation of that division. The court in which that action for damages is commenced is bound by the determination of the supreme court regarding the unauthorized practice of law and shall not make any additional determinations regarding the unauthorized practice of law. The court in which the action for damages is commenced shall consider all of the following in awarding damages to a person under division (C)(2) of this section:
(a) The extent to which the fee paid for the services that constitute the unauthorized practice of law in violation of division (A)(3) of this section exceeds the reasonable fees charged by licensed attorneys in the area in which the violation occurred;
(b) The costs incurred in paying for legal advice to correct any inadequacies in the services that constitute the unauthorized practice of law in violation of division (A)(3) of this section;
(c) Any other damages proximately caused by the failure of the person performing the services that constitute the unauthorized practice of law to have the license to practice law in this state that is required to perform the services; (d) Any reasonable attorney's fees that are incurred in bringing the civil action under division (C)(1) or (2) of this section.
(3) Divisions (C)(1) and (2) of this section apply, and may be utilized, only regarding acts that are the unauthorized practice of law in violation of division (A)(3) of this section and that occur on or after the effective date of this amendment.
Sec. 4705.99. Whoever violates division (A)(1) or (2) of section 4705.07 of the Revised
Code is guilty of a misdemeanor of the first degree.
SECTION 2. That existing sections 1901.01, 1901.02, 1901.03, 1901.07, 1901.08, 1901.34, 1907.11, 2151.23, 2301.02, 2301.03, 4705.07, and 4705.99 of the Revised Code are hereby repealed.
SECTION 3. The part-time judge of the Napoleon Municipal Court who was elected in 1999 shall remain the part-time judge of the Napoleon Municipal Court until the end of the judge's term. The full-time judge of the Napoleon Municipal Court who is elected in 2005 shall be the successor to the part-time judge of that court who was elected in 1999. SECTION 4. Effective January 1, 2005, the Darke County County Court is abolished. All causes, judgments, executions, and other proceedings pending in the Darke County County Court at the close of business as of December 31, 2004, shall be transferred to and proceed in the Darke County Municipal Court as if originally instituted in the Darke 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 Darke County Municipal Court. The Clerk of the Darke County County Court or other custodian shall transfer to the Darke 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 Darke County County Court, or any officer of that court, at the close of business on December 31, 2004, and that pertain to those causes, judgments, executions, and proceedings.
Effective January 1, 2005, the two part-time judgeships in the Darke County County Court are abolished.
SECTION 5. Notwithstanding section 1907.11 of the Revised Code, no judge of the Darke County County Court shall be elected in 2004.
SECTION 6. (A) Except as provided in sections 3513.08 and 3513.257 of the Revised Code, candidates for election in 2004 to the court of common pleas judgeship in the Licking County Court of Common Pleas created by this act shall be nominated only by petition. The petition shall be filed not later than four p.m. of the seventy-fifth day preceding the general election at which the judge is to be elected. Nominations for successors to the judge elected in 2004 shall be made in accordance with the Revised Code.
(B) Except as provided in sections 3513.08 and 3513.257 of the Revised Code, candidates for election in 2004 to the court of common pleas judgeship in the Franklin County Court of Common Pleas created by this act shall be nominated only by petition. The petition shall be filed not later than four p.m. on the seventy-fifth day preceding the general election at which the judge is to be elected. Nominations for successors to the judge elected in 2004 shall be made in accordance with the Revised Code. SECTION 7. The General Assembly hereby declares that its intent in amending division (AA) of section 2301.03 of the Revised Code in Sections 1 and 2 of this act is to clarify the jurisdiction and the administration of the Division of Domestic Relations of the Muskingum County Court of Common Pleas, that it does not believe that the amendments so made to that division are substantive in nature, and that it believes that the version of that division resulting from this act is substantively the same as the version of that division in existence immediately prior to the effective date of this act.
SECTION 8. Section 2301.03 of the Revised Code is presented in
this act as a composite of the section as amended by Sub. H.B. 26, Am. Sub. H.B. 86 (effective January 1, 2004), and Am. Sub. H.B. 95 (effective January 1, 2004), all of
the 125th 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. Sections 4705.07 and 4705.99 of the Revised Code, as amended by Sections 1 and 2 of this act, shall take effect ninety days after the effective date of this act.
SECTION 10. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reasons for the necessity are that the additional judgeships for the Licking County Court of Common Pleas, Domestic Relations Division, and for the Franklin County Court of Common Pleas are necessary for the efficient administration of justice in Licking County and Franklin County, respectively, and that candidates for the judgeships need to be assured that they will have adequate time to obtain the necessary signatures for nominating petitions for the 2004 election and that the creation of the Darke County Municipal Court is necessary for the efficient administration of justice in Darke County and that the electors of Darke County need to be assured of the establishment of the Darke County Municipal Court before the last day is reached for filing nominating petitions for the part-time judge of the Darke County County Court now scheduled to be elected in 2004. Therefore, this act shall go into immediate effect.
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