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(126th General Assembly)
(Amended Substitute Senate Bill Number 171)
AN ACT
To amend sections 1901.01, 1901.02, 1901.03, 1901.07, 1901.08, 1901.31, 1901.34, 1907.11, and 2501.012 of the Revised Code, to create the Carroll County Municipal Court and abolish the Carroll County County Court on January 1, 2007, to provide one full-time judge for the Carroll County Municipal Court to be elected in 2009, to create the Erie County Municipal court on January 1, 2008, to establish one full-time judgeship in that court, to abolish the Erie County County Court on that date, to provide for the election for the Erie County Municipal Court of one full-time judge in 2007, to add one additional judge to the Twelfth District Court of Appeals to be elected at the 2008 general election, to abolish the Cuyahoga Falls Municipal Court and to create the Stow Municipal Court as its replacement effective January 1, 2009, to clarify that the former township of Northampton is no longer within the jurisdiction of the Akron Municipal Court, to amend the versions of sections 1901.01, 1901.02, 1901.03, 1901.08, 1901.31, 1901.34, and 1907.11 of the Revised Code that are scheduled to take effect January 18, 2007, to continue the provisions of this act on and after that effective date, and to declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 1901.01, 1901.02, 1901.03, 1901.07, 1901.08, 1901.31, 1901.34, 1907.11, and 2501.012 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,
Carrollton, 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 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."; (25) The municipal court established in Carrollton that, beginning January 1, 2007, shall be styled and known as the "Carroll 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 Carroll county municipal court has jurisdiction within Carroll 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, Carroll 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, 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 court 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 court judge or, if
no specific provisions are made in the charter for the office of
municipal court judge, in the same manner as the charter prescribes for
the nomination and election of the legislative authority of the
municipal corporation. If the jurisdiction of a municipal court extends beyond the corporate
limits of the municipal corporation in which it is located or if the jurisdiction of the court does not extend beyond the corporate limits of the municipal corporation in which it is located and no charter provisions apply, all candidates for party
nomination to the office of municipal court 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 those petitions of candidacy
contained in section 3513.05 of the Revised Code, except that the petition shall be signed by at least fifty electors of the territory of the court. If no valid
declaration of candidacy is filed for nomination as a candidate
of a political party for election to the office of municipal
court 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 the jurisdiction of a municipal court extends beyond the corporate limits of the municipal corporation in which it is located or if the jurisdiction of the court does not extend beyond the corporate limits of the municipal corporation in which it is located and no charter provisions apply, nonpartisan candidates
for the office of municipal court judge shall file nominating petitions 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 those petitions of candidacy contained
in section 3513.257 of the Revised Code, except that the petition shall be signed by at least fifty electors of the territory of the court. The nominating petition or declaration of candidacy for a
municipal court 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 court judge
shall be elected in conformity with the charter if provisions are
made in the charter for the election of municipal court 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 fifty 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 fifty 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 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 fifty 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 fifty 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, Carroll, 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 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 that 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 Carroll county municipal court, one full-time judge shall be elected in 2009. Beginning January 1, 2007, the judge elected in 2006 to the part-time judgeship of the Carroll county county court that existed prior to that date shall serve as the full-time judge of the Carroll county municipal court until December 31, 2009. 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 full-time judge shall be
elected in 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. 1901.31. The clerk and deputy clerks of a municipal
court shall be selected, be compensated, give bond, and have
powers and duties as follows: (A) There shall be a clerk of the court who is appointed
or
elected as follows: (1)(a) Except in the Akron, Barberton, Cuyahoga
Falls,
Toledo,
Hamilton
county, Portage county,
and Wayne county municipal courts, if the
population of the
territory equals or exceeds one hundred
thousand at the regular
municipal election immediately preceding the
expiration of the
term of the present clerk, the clerk shall be
nominated and
elected by the qualified electors of the territory
in the manner
that is provided for the nomination and election of
judges in
section 1901.07 of the Revised Code. The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the
clerk's election and continue until the clerk's
successor is elected
and qualified. (b) In the Hamilton county municipal court, the clerk of
courts of Hamilton county shall be the clerk of the municipal
court and may appoint an assistant clerk who shall receive the
compensation, payable out of the treasury of Hamilton county in
semimonthly installments, that the board of county commissioners
prescribes. The clerk of courts of Hamilton county, acting as
the
clerk of the Hamilton county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
the rate that is prescribed for the clerks of courts of common
pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the
county
treasury in semimonthly installments and is in addition to
the
annual compensation that is received for the performance of
the
duties of the clerk of courts of Hamilton county, as provided
in
sections 325.08 and 325.18 of the Revised Code. (c) In the Portage county and Wayne county municipal
courts,
the clerks of courts of Portage county and Wayne county
shall be
the clerks, respectively, of the Portage county and
Wayne county
municipal courts and may appoint a chief deputy
clerk for each
branch that is established pursuant to section
1901.311 of the
Revised Code and assistant clerks as the judges
of the municipal
court determine are necessary, all of whom shall
receive the
compensation that the legislative authority
prescribes. The
clerks of courts of Portage county and Wayne
county, acting as the
clerks of the Portage county and Wayne
county municipal courts and
assuming the duties of these offices,
shall receive compensation
payable from the county treasury in semimonthly
installments at
one-fourth the rate that is prescribed for the clerks of
courts of
common pleas as determined in accordance with the population of
the
county and the rates set forth in sections 325.08 and 325.18
of the Revised
Code. (d) Except as otherwise provided in division (A)(1)(d) of
this section, in the Akron municipal court, candidates for
election to the office of clerk of the court shall be nominated
by
primary election. The primary election shall be held on the
day
specified in the charter of the city of Akron for the
nomination
of municipal officers. Notwithstanding any contrary provision of section 3513.05 or
3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of
independent candidates for the office of clerk of the Akron municipal court
shall be signed by at least
fifty qualified electors
of the territory of the court. The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the seventy-fifth day before the day of
the primary election, in the form prescribed by section 3513.07
or
3513.261 of the Revised Code. The declaration of candidacy
and
petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code. If no valid declaration of candidacy and petition is filed
by
any person for nomination as a candidate of a particular
political
party for election to the office of clerk of the Akron
municipal
court, a primary election shall not be held for the
purpose of
nominating a candidate of that party for election to
that office.
If only one person files a valid declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code. Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Akron municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall
be
submitted to the qualified electors of the territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court. The
clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified. (e) Except as otherwise provided in division
(A)(1)(e) of
this
section, in the Barberton municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Barberton for the
nomination of
municipal officers. Notwithstanding any contrary provision of section 3513.05 or
3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of
independent
candidates for the office of clerk of the Barberton municipal court shall be signed by at least
fifty qualified
electors of the territory of the court. The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code. If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Barberton
municipal court, a primary election shall not be held for the
purpose of
nominating a candidate
of that party for election to
that office. If only one person files a valid
declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code. Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Barberton municipal court shall contain a designation of
the term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified. (f) Except as otherwise provided in division
(A)(1)(f) of
this
section, in the Cuyahoga Falls municipal court, candidates
for
election to the office of clerk of the court shall be
nominated by primary
election. The primary election shall be held
on the day specified in the
charter of the city of Cuyahoga Falls
for the nomination of
municipal officers. Notwithstanding any contrary provision of section 3513.05 or
3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of
independent
candidates for the office of clerk of the Cuyahoga Falls municipal court shall be signed by at least
fifty qualified
electors of the territory of the court. The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition, or
the nominating petition,
shall conform to the
applicable requirements of section
3513.05 or 3513.257 of the
Revised Code. If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Cuyahoga
Falls
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code. Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the Cuyahoga
Falls municipal court shall contain a designation
of the term for
which the candidate seeks election. At the
following regular municipal
election, all candidates for the
office shall be submitted to the
qualified electors of the
territory of the court in the manner
that is provided in section
1901.07 of the Revised Code for
the
election of the judges of the
court. The clerk so elected shall hold office
for
a term of six
years, which term shall commence on the first day of
January
following the clerk's election and continue until the
clerk's
successor is elected and qualified. (g) Except as otherwise provided in division
(A)(1)(g) of
this
section, in the Toledo municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Toledo for the nomination
of
municipal officers. Notwithstanding any contrary provision of section 3513.05 or 3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of independent
candidates for the office of clerk of the Toledo municipal court
shall be signed by at least fifty qualified
electors
of the territory of the court. The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code. If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Toledo municipal
court, a primary election shall not be held for the purpose of
nominating a candidate
of that party for election to that office.
If only one person files a valid
declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code. Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Toledo municipal court shall contain a designation of the
term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified. (2)(a) Except for the Alliance, Auglaize county,
Brown
county, Columbiana
county, Lorain,
Massillon, and Youngstown
municipal courts, in a
municipal court
for which the population of
the territory is less
than one hundred thousand, the
clerk shall
be appointed by the court, and
the clerk shall hold
office until
the clerk's successor is
appointed and qualified. (b) In the Alliance, Lorain, Massillon, and Youngstown
municipal courts, the clerk shall be elected for a term of office
as described in division (A)(1)(a) of this section. (c) In the Auglaize county
and Brown county
municipal
courts, the
clerks of
courts of Auglaize
county
and Brown
county shall be the
clerks,
respectively, of the
Auglaize
county and Brown county municipal
courts and may appoint a
chief deputy clerk
for each branch that
is
established pursuant to
section 1901.311
of the Revised Code,
and
assistant clerks as the
judge of the
court determines are
necessary, all of whom shall
receive the
compensation that the
legislative authority
prescribes. The
clerks of courts of
Auglaize
county
and
Brown county, acting as the
clerks of the Auglaize county
and Brown
county
municipal
courts
and assuming the
duties of
these offices, shall
receive compensation
payable from
the county treasury in semimonthly
installments at
one-fourth the
rate that is prescribed for the clerks of
courts of
common pleas
as determined in accordance with the population of
the
county and
the rates set forth in sections 325.08 and 325.18
of the Revised
Code. (d) In the Columbiana county municipal court, the clerk of
courts of
Columbiana county shall be the
clerk of the municipal
court, may appoint a chief deputy
clerk for each branch office
that is established pursuant to section
1901.311 of the Revised
Code, and may appoint any assistant clerks that
the judges of the
court determine are necessary. All of the chief deputy
clerks and
assistant clerks shall receive the compensation that the
legislative authority prescribes. The clerk of courts of
Columbiana county, acting as
the clerk of the Columbiana
county
municipal court and assuming the duties of that office,
shall
receive in either biweekly installments or semimonthly installments, as determined by the payroll administrator, compensation payable from the county treasury at one-fourth the rate that is
prescribed
for the clerks of courts of common pleas as
determined in
accordance with the population of the county and
the rates set
forth in sections 325.08 and 325.18 of the
Revised Code. (3) During the temporary absence of the clerk due to
illness, vacation, or other proper cause, the court may appoint a
temporary clerk, who shall be paid the same compensation,
have
the
same authority, and perform the same duties as the clerk. (B) Except in the Hamilton county,
Portage county, and Wayne county municipal courts, if a vacancy
occurs in the office of the clerk of the Alliance, Lorain,
Massillon, or Youngstown municipal court or occurs in the office
of the clerk of a municipal court for which the population of the
territory equals or exceeds one hundred thousand because the
clerk
ceases to hold the office before the end of the clerk's term or
because a clerk-elect fails to take office, the vacancy shall be
filled, until a successor is elected and qualified, by a person
chosen by the residents of the territory of the court who are
members of the county central committee of the political party by
which the last occupant of that office or the clerk-elect was
nominated. Not less than five nor more than fifteen days after a
vacancy occurs, those members of that county central committee
shall meet to make an appointment to fill the vacancy. At least
four days before the date of the meeting, the chairperson or a
secretary of the county central committee shall notify each such
member of that county central committee by first class
mail of the
date, time, and place
of the meeting and its purpose. A majority
of all such members of
that county central committee constitutes a
quorum, and a
majority of the quorum is
required to make the
appointment. If the office so vacated was
occupied or was to be
occupied by a person not nominated at a
primary election, or if
the appointment was not made by the
committee members in
accordance with this division, the court
shall make an appointment
to fill the vacancy. A successor shall
be elected to fill the
office for the unexpired term at the first
municipal election that
is held more than one hundred twenty days
after the vacancy
occurred. (C)(1) In a municipal court, other than the Auglaize county,
the Brown county,
the Columbiana county, and
the Lorain municipal
courts,
for which
the population of the
territory is
less than one
hundred thousand, the clerk of
the municipal
court
shall receive
the annual compensation that the
presiding
judge of the court
prescribes, if the revenue of the
court for the
preceding calendar
year, as
certified by the auditor
or chief
fiscal officer of the
municipal corporation
in which the
court is
located or, in the
case of a county-operated municipal
court, the
county auditor, is
equal to or greater than the
expenditures,
including any debt
charges, for the operation of the
court payable
under this
chapter
from the city treasury or, in the
case of a
county-operated
municipal
court, the county treasury for
that
calendar year, as
also certified by the
auditor or chief
fiscal
officer. If the
revenue of a municipal court, other
than
the
Auglaize county,
the
Brown county, the Columbiana county, and
the
Lorain municipal
courts, for which
the population of the
territory
is less than one
hundred thousand for
the preceding calendar year
as so
certified is
not equal to or
greater than those expenditures for
the
operation
of the court for
that calendar year as so certified,
the clerk of
a
municipal court
shall receive the annual
compensation that the
legislative
authority prescribes.
As used
in this division,
"revenue" means
the total of all costs and fees
that are collected
and paid to the
city
treasury or, in a
county-operated municipal
court, the county
treasury by the
clerk
of the municipal court
under division (F) of
this section and
all
interest received and
paid to the city
treasury or, in a
county-operated
municipal
court, the county
treasury in relation
to the costs and fees under
division (G) of
this section. (2) In
a municipal court, other than the
Hamilton county, Portage
county, and Wayne
county
municipal courts, for which the population of the territory
is one
hundred thousand or more, and in the Lorain
municipal court, the
clerk of the municipal court
shall receive annual compensation in
a sum equal to eighty-five
per cent of the salary of a judge of
the court. (3) The compensation
of a clerk described in division (C)(1)
or (2) of this
section is payable in semimonthly installments from
the same sources and
in the same manner as provided in section
1901.11 of the Revised
Code, except that the compensation of the clerk of the Carroll county municipal court is payable in biweekly installments. (D) Before entering upon the duties of the clerk's office,
the
clerk of a municipal court shall give bond of not less than
six
thousand dollars to be determined by the judges of the court,
conditioned upon the faithful performance of the clerk's duties. (E) The clerk of a municipal court may do all of the
following: administer oaths, take affidavits, and issue
executions upon any judgment rendered in the court, including a
judgment for unpaid costs; issue, sign, and attach the seal of
the
court to all writs, process, subpoenas, and papers issuing
out of
the court; and approve all bonds, sureties, recognizances,
and
undertakings fixed by any judge of the court or by law. The clerk
may
refuse to accept for filing any pleading or paper submitted
for filing by a
person who has been found to be a vexatious
litigator under section 2323.52
of the Revised Code and who has
failed to obtain leave to proceed under that
section. The clerk
shall do all of the following: file and safely keep all
journals,
records, books, and papers belonging or appertaining to
the court;
record the proceedings of the court; perform all other
duties that
the judges of the court may prescribe; and keep a
book showing all
receipts and disbursements, which book shall be
open for public
inspection at all times. The clerk shall prepare and maintain a general index, a
docket, and other records that the court, by rule, requires, all
of which shall be the public records of the court. In the
docket,
the clerk shall enter, at the time of the commencement of
an
action, the names of the parties in full, the names of the
counsel, and the nature of the proceedings. Under proper dates,
the clerk shall note the filing of the complaint, issuing of
summons or
other process, returns, and any subsequent pleadings.
The clerk
also shall enter all reports, verdicts, orders,
judgments, and
proceedings of the court, clearly specifying the
relief granted
or orders made in each action. The court may order
an extended
record of any of the above to be made and entered,
under the
proper action heading, upon the docket at the request of
any
party to the case, the expense of which record may be taxed as
costs in the case or may be required to be prepaid by the party
demanding the record, upon order of the court. (F) The clerk of a municipal court shall receive, collect,
and issue receipts for all costs, fees, fines, bail, and other
moneys payable to the office or to any officer of the court. The
clerk
shall each month disburse to the proper persons or officers,
and
take receipts for, all costs, fees, fines, bail, and other
moneys
that the clerk collects. Subject to sections 3375.50 and
4511.193
of
the Revised Code and to any other section of the
Revised Code
that requires a specific manner of disbursement of
any moneys
received by a municipal court and except for the
Hamilton county,
Lawrence county, and Ottawa county municipal
courts, the clerk shall pay all
fines received for violation of
municipal ordinances into the
treasury of the municipal
corporation the ordinance of which was
violated and shall pay all
fines received for violation of
township resolutions adopted
pursuant to section 503.52 or 503.53 or Chapter 504. of the
Revised Code into the treasury of
the township the resolution of
which was violated. Subject to
sections 1901.024 and 4511.193 of
the Revised Code, in the
Hamilton county, Lawrence county, and Ottawa county
municipal
courts, the clerk shall pay fifty per cent of the fines
received
for violation of municipal ordinances and fifty per cent
of the
fines received for violation of township resolutions
adopted
pursuant to section 503.52 or 503.53 or Chapter 504. of the Revised Code into the
treasury of
the county. Subject to sections 3375.50, 3375.53,
4511.19, and
5503.04 of the Revised Code and to any other section
of the
Revised Code that requires a specific manner of
disbursement of
any moneys received by a municipal court, the
clerk shall pay all
fines collected for the violation of state
laws into the county
treasury. Except in a county-operated
municipal court, the clerk
shall pay all costs and fees the
disbursement of which is not
otherwise provided for in the
Revised
Code into the city treasury.
The clerk of a
county-operated
municipal court shall pay the costs
and fees the
disbursement of
which is not otherwise provided for
in the
Revised Code into the
county treasury. Moneys deposited as
security for costs shall be
retained pending the litigation. The
clerk shall keep a separate
account of all receipts and
disbursements in civil and criminal
cases, which shall be a
permanent public record of the office. On
the expiration of the
term of the clerk, the clerk shall deliver
the records to the
clerk's
successor. The clerk shall have other
powers and duties
as are prescribed by
rule or order of the court. (G) All moneys paid into a municipal court shall be noted
on
the record of the case in which they are paid and shall be
deposited in a state or national bank, or a domestic savings and
loan association, as defined in section 1151.01 of the Revised
Code, that is selected by the clerk. Any interest received upon
the deposits shall be paid into the city treasury, except that, in
a county-operated municipal court, the interest shall be paid
into
the treasury of the county in which the court is located. On the first Monday in January of each year, the clerk
shall
make a list of the titles of all cases in the court that
were
finally determined more than one year past in which there
remains
unclaimed in the possession of the clerk any funds, or
any part of
a deposit for security of costs not consumed by the
costs in the
case. The clerk shall give notice of the moneys to
the parties
who are entitled to the moneys or to their attorneys
of record.
All the moneys remaining unclaimed on the first day
of April of
each year shall be paid by the clerk to the city
treasurer, except
that, in a county-operated municipal court, the
moneys shall be
paid to the treasurer of the county in which the
court is located.
The treasurer shall pay any part of the
moneys at any time to the
person who has the right to the
moneys upon proper certification
of the clerk. (H) Deputy clerks of a municipal court other than the Carroll county municipal court may be appointed by the clerk and shall
receive the compensation, payable in either biweekly installments or semimonthly installments, as determined by the payroll administrator, out
of the city treasury, that the clerk may prescribe, except that
the compensation of any deputy clerk of a county-operated
municipal court shall be paid out of the treasury of the county
in
which the court is located. The judge of the Carroll county municipal court may appoint deputy clerks for the court, and the deputy clerks shall receive the compensation, payable in biweekly installments out of the county treasury, that the judge may prescribe. Each deputy clerk shall take an
oath
of office before entering upon the duties of the deputy clerk's
office
and, when so qualified, may perform the duties appertaining
to the
office of the clerk. The clerk may require any of the
deputy
clerks to give bond of not less than three thousand
dollars,
conditioned for the faithful performance of the deputy
clerk's duties. (I) For the purposes of this section, whenever the
population of the territory of a municipal court falls below one
hundred thousand but not below ninety thousand, and the
population
of the territory prior to the most recent regular
federal census
exceeded one hundred thousand, the legislative
authority of the
municipal corporation may declare, by
resolution, that the
territory shall be considered to have a
population of at least one
hundred thousand. (J) The clerk or a deputy clerk shall be in attendance at
all sessions of the municipal court, although not necessarily in
the courtroom, and may administer oaths to witnesses and jurors
and receive verdicts.
Sec. 1901.34. (A) Except as provided in divisions (B) and
(D) of this section, the village solicitor, city director of law,
or similar chief legal officer for each municipal corporation
within the territory of a municipal court shall prosecute all
cases brought before the municipal court for criminal offenses
occurring within the municipal corporation for which that
person
is the
solicitor, director of law, or similar chief legal officer.
Except as provided in division (B) of this section, the village
solicitor, city director of law, or similar chief legal officer
of
the municipal corporation in which a municipal court is
located
shall prosecute all criminal cases brought before the
court
arising in the unincorporated areas within the territory of
the
municipal court. (B) The Auglaize county,
Brown county, Clermont county, Hocking county,
Jackson county,
Morrow county, Ottawa county, and
Portage county
prosecuting
attorneys shall prosecute in municipal
court all
violations of
state law arising in their respective
counties. The
Carroll county, 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 Greene county prosecuting attorney may, with the concurrence of the Greene county board of county commissioners, prosecute in the Fairborn municipal court all violations of state law arising within the unincorporated areas of Bath and Beavercreek townships in Greene county and prosecute in the Xenia municipal court all violations of state law arising within the unincorporated areas of Ceasarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross, Silvercreek, Spring Valley, Sugarcreek, and Xenia townships in Greene county. 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 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. 2501.012. (A) There shall be nine additional judges
of the court of appeals of the eighth district, composed of
Cuyahoga county. Three of the additional judges of the eighth district court
of appeals shall be elected at the general election in 1962 for a
term of six years, their terms to commence on successive days
beginning on the first day of January, 1963. Three of the
additional judges of the eighth district court of appeals shall
be elected at the general election in 1976 for a term of six
years, their terms to commence on successive days beginning on
the first day of January, 1977. Three of the additional judges
of the eighth district court of appeals shall be elected at the
general election in 1990 for a term of six years, their terms to
commence on successive days beginning on February 10, 1991. The
additional judges shall thereafter be elected to hold terms of
six years. In the eighth district, any three judges shall comprise the
court of appeals in the hearing and disposition of cases in
accordance with any local rules of practice and procedure that
may be adopted by the judges of the court. (B) There shall be two additional judges of the court of
appeals of the ninth district, composed of Lorain, Medina,
Summit, and Wayne counties. One of the additional judges of the ninth district court of
appeals shall be elected at the general election in 1980 for a
term of six years beginning February 10, 1981. One of the
additional judges of the ninth district court of appeals shall be
elected at the general election in 1986 for a term of six years
beginning February 11, 1987. The additional judges shall
thereafter be elected to hold terms of six years. In the ninth district, any three judges shall comprise the
court of appeals in the hearing and disposition of cases in
accordance with any local rules of practice and procedure that
may be adopted by the judges of the court. (C) There shall be five additional judges of the court of
appeals of the tenth district, composed of Franklin county. One of the additional judges of the tenth district court of
appeals shall be elected at the general election in 1962 for a
term of six years beginning January 1, 1963. One of the
additional judges of the tenth district court of appeals shall be
elected at the general election in 1970 for a term of six years
beginning February 10, 1971. One of the additional judges of the
tenth district court of appeals shall be elected at the general
election in 1980 for a term of six years beginning January 2,
1981. One of the additional judges of the tenth district court
of appeals shall be elected at the general election in 1986 for a
term of six years beginning January 3, 1987. One of the
additional judges of the tenth district court of appeals shall be
elected at the general election in 1990 for a term of six years
beginning July 1, 1991. The additional judges shall thereafter
be elected to hold terms of six years. In the tenth district, any three judges shall comprise the
court of appeals in the hearing and disposition of cases in
accordance with any local rules of practice and procedure that
may be adopted by the judges of the court. (D) There shall be two additional
judges of the court of
appeals of the eleventh district, composed of Lake, Ashtabula,
Geauga, Trumbull, and Portage counties. One of the additional judges of the eleventh
district court of appeals shall be elected at the general
election in 1990 for a term of six years beginning February 10,
1991. One of the additional judges of the eleventh district court of
appeals shall be elected at the general election in 2000 for a term of six
years beginning February 10, 2001. The additional
judges shall thereafter be elected to hold
terms of six years. In the eleventh district, any three judges shall comprise
the court of appeals in the hearing and disposition of cases in
accordance with any local rules of practice and procedure that
may be adopted by the judges of the court. (E) There shall be one two additional judge judges of the court of
appeals of the twelfth district, composed of Brown, Butler,
Clermont, Clinton, Fayette, Madison, Preble, and Warren counties. The One of the additional judge judges of the twelfth district court of appeals shall be elected at the general
election in 1986 for a term of six years beginning February 10,
1987. One of the additional judges of the twelfth district court of appeals shall be elected at the general election in 2008 for a term of six years beginning January 1, 2009. The additional judge judges shall thereafter be elected to hold
terms of six years.
In the twelfth district, any three judges shall comprise
the court of appeals in the hearing and disposition of cases in
accordance with any local rules of practice and procedure that
may be adopted by the judges of the court. (F) Any judge of the court of appeals may be assigned by
the chief justice of the supreme court to hold court in another
district and shall hold court in the district to which the
judge is assigned.
SECTION 2. That existing sections 1901.01, 1901.02, 1901.03, 1901.07, 1901.08, 1901.31, 1901.34, 1907.11, and 2501.012 of the Revised Code are hereby repealed.
SECTION 3. That the versions of sections 1901.01, 1901.02, 1901.03, 1901.08, 1901.31, 1901.34, and 1907.11 of the Revised Code that are scheduled to take effect January 18, 2007, 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,
Carrollton, 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, Millersburg,
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 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. (D) Effective January 1, 2008, there is hereby established a municipal court within Erie county in Milan or in any other municipal corporation or unincorporated territory within Erie county that is within the territorial jurisdiction of the Erie county municipal court and is selected by the legislative authority of that court. (E) The Cuyahoga Falls municipal court shall remain in existence until December 31, 2008, and shall be replaced by the Stow municipal court on January 1, 2009. (F) Effective January 1, 2009, there is hereby established a municipal court in the municipal corporation of Stow.
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, the Columbiana county municipal court, and, effective January 1, 2008, the Erie county municipal court, within the municipal
corporation
or unincorporated territory in which it is
they are 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"; (25) The municipal court established in Millersburg that, beginning January 1, 2007, shall be styled and known as the "Holmes county municipal court."; (26) The municipal court established in Carrollton that, beginning January 1, 2007, shall be styled and known as the "Carroll county municipal court"; (27) The municipal court established within Erie county in Milan or established in any other municipal corporation or unincorporated territory that is within Erie county, is within the territorial jurisdiction of that court, and is selected by the legislative authority of that court that, beginning January 1, 2008, shall be styled and known as the "Erie 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 Carroll county municipal court has jurisdiction within Carroll 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 Until December 31, 2008, 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. Beginning January 1, 2008, the Erie county municipal court has jurisdiction within Erie county except within the townships of Florence, Huron, Perkins, and Vermilion and the municipal corporations of Bay View, Castalia, Huron, Sandusky, and Vermilion. 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 Holmes county municipal court has jurisdiction within Holmes 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. Beginning January 1, 2009, the Stow municipal court has jurisdiction within Boston, Hudson, Northfield Center, Sagamore Hills, and Twinsburg townships, and within the municipal corporations of Boston Heights, Cuyahoga Falls, Hudson, Munroe Falls, Northfield, Peninsula, Reminderville, Silver Lake, Stow, Tallmadge, Twinsburg, and Macedonia, in Summit 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, Carroll county, Clermont county, Columbiana county, Crawford
county,
Darke county, Hamilton county,
Hocking county, Holmes county, Jackson county, Lawrence
county,
Madison county,
Miami county,
Morrow county,
Ottawa
county,
Portage
county, or Wayne county
municipal court and, effective January 1, 2008, also includes the Erie county municipal court. (G) "A municipal corporation in which a municipal court is
located" includes each municipal corporation named in section
1901.01 of the Revised Code, but does not include one in which a
judge sits pursuant to section 1901.021 of the Revised Code.
Sec. 1901.08. The number of, and the time for election of,
judges of the following municipal courts and the beginning of
their terms shall be as follows: In the Akron municipal court, two full-time judges shall be
elected in 1951, two full-time judges shall be elected in 1953,
one full-time judge shall be elected in 1967, and one full-time
judge shall be elected in 1975. In the Alliance municipal court, one full-time judge shall be
elected in 1953. In the Ashland municipal court, one full-time judge shall be
elected in 1951. In the Ashtabula municipal court, one full-time judge shall
be elected in 1953. In the Athens county municipal court, one full-time judge
shall be elected in 1967. In the Auglaize county municipal court, one full-time judge
shall be elected in 1975.
In the Avon Lake municipal court, one part-time judge shall
be elected in 1957. In the Barberton municipal court, one full-time judge shall
be elected in 1969, and one full-time judge shall be elected in
1971. In the Bedford municipal court, one full-time judge shall be
elected in 1975, and one full-time judge shall be elected in 1979. In the Bellefontaine municipal court, one full-time judge
shall be elected in 1993. In the Bellevue municipal court, one part-time judge shall be
elected in 1951. In the Berea municipal court, one full-time judge shall be
elected in 2005. 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 Carroll county municipal court, one full-time judge shall be elected in 2009. Beginning January 1, 2007, the judge elected in 2006 to the part-time judgeship of the Carroll county county court that existed prior to that date shall serve as the full-time judge of the Carroll county municipal court until December 31, 2009. 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. Effective December 31, 2008, the Cuyahoga Falls municipal court shall cease to exist; however, the judges of the Cuyahoga Falls municipal court who were elected pursuant to this section in 2003 and 2007 for terms beginning on January 1, 2004, and January 1, 2008, respectively, shall serve as full-time judges of the Stow municipal court until December 31, 2009, and December 31, 2013, respectively. 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, and one full-time judge shall be elected in 2007. 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 Erie county municipal court, one full-time judge shall be elected in 2007. 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 Holmes county municipal court, one full-time judge shall be elected in 2007. Beginning January 1, 2007, the part-time judge of the Holmes county county court that existed prior to that date whose term commenced on January 1, 2007, shall serve as the full-time judge of the Holmes county municipal court until December 31, 2007. 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 full-time judge shall
be elected in 2011. On and after the effective date of this amendment January 18, 2007, the part-time judge of the Marysville municipal court who was elected in 2005 shall serve as a full-time judge of the court until the end of that judge's term on December 31, 2011. 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 full-time judge shall be
elected in 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 Stow municipal court, one full-time judge shall be elected in 2009, and one full-time judge shall be elected in 2013. Beginning January 1, 2009, the judge of the Cuyahoga Falls municipal court that existed prior to that date whose term commenced on January 1, 2008, shall serve as a full-time judge of the Stow municipal court until December 31, 2013. Beginning January 1, 2009, the judge of the Cuyahoga Falls municipal court that existed prior to that date whose term commenced on January 1, 2004, shall serve as a full-time judge of the Stow municipal court until December 31, 2009. In the Struthers municipal court, one part-time judge shall
be elected in 1963. In the Sylvania municipal court, one full-time judge shall be
elected in 1963. In the Tiffin municipal court, one full-time judge shall be
elected in 1953. In the Toledo municipal court, two full-time judges shall be
elected in 1971, four full-time judges shall be elected in 1975,
and one full-time judge shall be elected in 1973. In the Upper Sandusky municipal court, one part-time judge
shall be elected in 1957. In the Vandalia municipal court, one full-time judge shall be
elected in 1959. In the Van Wert municipal court, one full-time judge shall be
elected in 1957. In the Vermilion municipal court, one part-time judge shall
be elected in 1965. In the Wadsworth municipal court, one full-time judge shall
be elected in 1981. In the Warren municipal court, one full-time judge shall be
elected in 1951, and one full-time judge shall be elected in 1971. In the Washington Court House municipal court, one full-time
judge shall be elected in 1999. The part-time judge elected in
1993, whose term commenced on January 1, 1994, shall serve until
December 31, 1999, and the office of that judge is abolished on
January 1, 2000. In the Wayne county municipal court, one full-time judge
shall be elected in 1975, and one full-time judge shall be elected
in 1979. In the Willoughby municipal court, one full-time judge shall
be elected in 1951. In the Wilmington municipal court, one full-time judge shall
be elected in 1991, who shall serve as the judge of the Wilmington
municipal court through June 30, 1992, and as the judge of the
Clinton county municipal court from July 1, 1992, until the end of
that judge's term on December 31, 1997. In the Xenia municipal court, one full-time judge shall be
elected in 1977. In the Youngstown municipal court, one full-time judge shall
be elected in 1951, and two full-time judges shall be elected in
1953. In the Zanesville municipal court, one full-time judge shall
be elected in 1953.
Sec. 1901.31. The clerk and deputy clerks of a municipal
court shall be selected, be compensated, give bond, and have
powers and duties as follows: (A) There shall be a clerk of the court who is appointed
or
elected as follows: (1)(a) Except in the Akron, Barberton, Cuyahoga
Falls,
Toledo,
Hamilton
county, Portage county,
and Wayne county municipal courts and through December 31, 2008, the Cuyahoga Falls municipal court, if the
population of the
territory equals or exceeds one hundred
thousand at the regular
municipal election immediately preceding the
expiration of the
term of the present clerk, the clerk shall be
nominated and
elected by the qualified electors of the territory
in the manner
that is provided for the nomination and election of
judges in
section 1901.07 of the Revised Code. The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the
clerk's election and continue until the clerk's
successor is elected
and qualified. (b) In the Hamilton county municipal court, the clerk of
courts of Hamilton county shall be the clerk of the municipal
court and may appoint an assistant clerk who shall receive the
compensation, payable out of the treasury of Hamilton county in
semimonthly installments, that the board of county commissioners
prescribes. The clerk of courts of Hamilton county, acting as
the
clerk of the Hamilton county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
the rate that is prescribed for the clerks of courts of common
pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the
county
treasury in semimonthly installments and is in addition to
the
annual compensation that is received for the performance of
the
duties of the clerk of courts of Hamilton county, as provided
in
sections 325.08 and 325.18 of the Revised Code. (c) In the Portage county and Wayne county municipal
courts,
the clerks of courts of Portage county and Wayne county
shall be
the clerks, respectively, of the Portage county and
Wayne county
municipal courts and may appoint a chief deputy
clerk for each
branch that is established pursuant to section
1901.311 of the
Revised Code and assistant clerks as the judges
of the municipal
court determine are necessary, all of whom shall
receive the
compensation that the legislative authority
prescribes. The
clerks of courts of Portage county and Wayne
county, acting as the
clerks of the Portage county and Wayne
county municipal courts and
assuming the duties of these offices,
shall receive compensation
payable from the county treasury in semimonthly
installments at
one-fourth the rate that is prescribed for the clerks of
courts of
common pleas as determined in accordance with the population of
the
county and the rates set forth in sections 325.08 and 325.18
of the Revised
Code. (d) Except as otherwise provided in division (A)(1)(d) of
this section, in the Akron municipal court, candidates for
election to the office of clerk of the court shall be nominated
by
primary election. The primary election shall be held on the
day
specified in the charter of the city of Akron for the
nomination
of municipal officers. Notwithstanding any contrary provision of section 3513.05 or
3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of
independent candidates for the office of clerk of the Akron municipal court
shall be signed by at least
fifty qualified electors
of the territory of the court. The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the seventy-fifth day before the day of
the primary election, in the form prescribed by section 3513.07
or
3513.261 of the Revised Code. The declaration of candidacy
and
petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code. If no valid declaration of candidacy and petition is filed
by
any person for nomination as a candidate of a particular
political
party for election to the office of clerk of the Akron
municipal
court, a primary election shall not be held for the
purpose of
nominating a candidate of that party for election to
that office.
If only one person files a valid declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code. Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Akron municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall
be
submitted to the qualified electors of the territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court. The
clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified. (e) Except as otherwise provided in division
(A)(1)(e) of
this
section, in the Barberton municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Barberton for the
nomination of
municipal officers. Notwithstanding any contrary provision of section 3513.05 or
3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of
independent
candidates for the office of clerk of the Barberton municipal court shall be signed by at least
fifty qualified
electors of the territory of the court. The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code. If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Barberton
municipal court, a primary election shall not be held for the
purpose of
nominating a candidate
of that party for election to
that office. If only one person files a valid
declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code. Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Barberton municipal court shall contain a designation of
the term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified. (f) Except (i) Through December 31, 2008, except as otherwise provided in division
(A)(1)(f)(i) of
this
section, in the Cuyahoga Falls municipal court, candidates
for
election to the office of clerk of the court shall be
nominated by primary
election. The primary election shall be held
on the day specified in the
charter of the city of Cuyahoga Falls
for the nomination of
municipal officers. Notwithstanding any contrary provision of section 3513.05 or
3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of
independent
candidates for the office of clerk of the Cuyahoga Falls municipal court shall be signed by at least
fifty qualified
electors of the territory of the court. The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition, or
the nominating petition,
shall conform to the
applicable requirements of section
3513.05 or 3513.257 of the
Revised Code. If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Cuyahoga
Falls
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code. Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the Cuyahoga
Falls municipal court shall contain a designation
of the term for
which the candidate seeks election. At the
following regular municipal
election, all candidates for the
office shall be submitted to the
qualified electors of the
territory of the court in the manner
that is provided in section
1901.07 of the Revised Code for
the
election of the judges of the
court. The clerk so elected shall hold office
for
a term of six
years, which term shall commence on the first day of
January
following the clerk's election and continue until the
clerk's
successor is elected and qualified.
(ii) Division (A)(1)(f)(i) of this section shall have no effect after December 31, 2008. (g) Except as otherwise provided in division
(A)(1)(g) of
this
section, in the Toledo municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Toledo for the nomination
of
municipal officers. Notwithstanding any contrary provision of section 3513.05 or 3513.257 of the
Revised Code, the declarations of candidacy and petitions of partisan candidates and the nominating petitions of independent
candidates for the office of clerk of the Toledo municipal court
shall be signed by at least fifty qualified
electors
of the territory of the court. The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code. If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Toledo municipal
court, a primary election shall not be held for the purpose of
nominating a candidate
of that party for election to that office.
If only one person files a valid
declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code. Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Toledo municipal court shall contain a designation of the
term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified. (2)(a) Except for the Alliance, Auglaize county,
Brown
county, Columbiana
county, Holmes county, Lorain,
Massillon, and Youngstown
municipal courts, in a
municipal court
for which the population of
the territory is less
than one hundred thousand, the
clerk shall
be appointed by the court, and
the clerk shall hold
office until
the clerk's successor is
appointed and qualified. (b) In the Alliance, Lorain, Massillon, and Youngstown
municipal courts, the clerk shall be elected for a term of office
as described in division (A)(1)(a) of this section. (c) In the Auglaize county, Brown county, and Holmes county
municipal
courts, the
clerks of
courts of Auglaize
county, Brown
county, and Holmes county shall be the
clerks,
respectively, of the
Auglaize
county, Brown county, and Holmes county municipal
courts and may appoint a
chief deputy clerk
for each branch office that
is
established pursuant to
section 1901.311
of the Revised Code,
and
assistant clerks as the
judge of the
court determines are
necessary, all of whom shall
receive the
compensation that the
legislative authority
prescribes. The
clerks of courts of
Auglaize
county,
Brown county, and Holmes county, acting as the
clerks of the Auglaize county, Brown
county, and Holmes county
municipal
courts
and assuming the
duties of
these offices, shall
receive compensation
payable from
the county treasury in semimonthly
installments at
one-fourth the
rate that is prescribed for the clerks of
courts of
common pleas
as determined in accordance with the population of
the
county and
the rates set forth in sections 325.08 and 325.18
of the Revised
Code. (d) In the Columbiana county municipal court, the clerk of
courts of
Columbiana county shall be the
clerk of the municipal
court, may appoint a chief deputy
clerk for each branch office
that is established pursuant to section
1901.311 of the Revised
Code, and may appoint any assistant clerks that
the judges of the
court determine are necessary. All of the chief deputy
clerks and
assistant clerks shall receive the compensation that the
legislative authority prescribes. The clerk of courts of
Columbiana county, acting as
the clerk of the Columbiana
county
municipal court and assuming the duties of that office,
shall
receive in either biweekly installments or semimonthly installments, as determined by the payroll administrator, compensation payable from the county treasury at one-fourth the rate that is
prescribed
for the clerks of courts of common pleas as
determined in
accordance with the population of the county and
the rates set
forth in sections 325.08 and 325.18 of the
Revised Code. (3) During the temporary absence of the clerk due to
illness, vacation, or other proper cause, the court may appoint a
temporary clerk, who shall be paid the same compensation,
have
the
same authority, and perform the same duties as the clerk. (B) Except in the Hamilton county,
Portage county, and Wayne county municipal courts, if a vacancy
occurs in the office of the clerk of the Alliance, Lorain,
Massillon, or Youngstown municipal court or occurs in the office
of the clerk of a municipal court for which the population of the
territory equals or exceeds one hundred thousand because the
clerk
ceases to hold the office before the end of the clerk's term or
because a clerk-elect fails to take office, the vacancy shall be
filled, until a successor is elected and qualified, by a person
chosen by the residents of the territory of the court who are
members of the county central committee of the political party by
which the last occupant of that office or the clerk-elect was
nominated. Not less than five nor more than fifteen days after a
vacancy occurs, those members of that county central committee
shall meet to make an appointment to fill the vacancy. At least
four days before the date of the meeting, the chairperson or a
secretary of the county central committee shall notify each such
member of that county central committee by first class
mail of the
date, time, and place
of the meeting and its purpose. A majority
of all such members of
that county central committee constitutes a
quorum, and a
majority of the quorum is
required to make the
appointment. If the office so vacated was
occupied or was to be
occupied by a person not nominated at a
primary election, or if
the appointment was not made by the
committee members in
accordance with this division, the court
shall make an appointment
to fill the vacancy. A successor shall
be elected to fill the
office for the unexpired term at the first
municipal election that
is held more than one hundred twenty days
after the vacancy
occurred. (C)(1) In a municipal court, other than the Auglaize county,
the Brown county,
the Columbiana county, the Holmes county, and
the Lorain municipal
courts,
for which
the population of the
territory is
less than one
hundred thousand, the clerk of
the municipal
court
shall receive
the annual compensation that the
presiding
judge of the court
prescribes, if the revenue of the
court for the
preceding calendar
year, as
certified by the auditor
or chief
fiscal officer of the
municipal corporation
in which the
court is
located or, in the
case of a county-operated municipal
court, the
county auditor, is
equal to or greater than the
expenditures,
including any debt
charges, for the operation of the
court payable
under this
chapter
from the city treasury or, in the
case of a
county-operated
municipal
court, the county treasury for
that
calendar year, as
also certified by the
auditor or chief
fiscal
officer. If the
revenue of a municipal court, other
than
the
Auglaize county,
the
Brown county, the Columbiana county, and
the
Lorain municipal
courts, for which
the population of the
territory
is less than one
hundred thousand for
the preceding calendar year
as so
certified is
not equal to or
greater than those expenditures for
the
operation
of the court for
that calendar year as so certified,
the clerk of
a
municipal court
shall receive the annual
compensation that the
legislative
authority prescribes.
As used
in this division,
"revenue" means
the total of all costs and fees
that are collected
and paid to the
city
treasury or, in a
county-operated municipal
court, the county
treasury by the
clerk
of the municipal court
under division (F) of
this section and
all
interest received and
paid to the city
treasury or, in a
county-operated
municipal
court, the county
treasury in relation
to the costs and fees under
division (G) of
this section. (2) In
a municipal court, other than the
Hamilton county, Portage
county, and Wayne
county
municipal courts, for which the population of the territory
is one
hundred thousand or more, and in the Lorain
municipal court, the
clerk of the municipal court
shall receive annual compensation in
a sum equal to eighty-five
per cent of the salary of a judge of
the court. (3) The compensation
of a clerk described in division (C)(1)
or (2) of this
section is payable in semimonthly installments from
the same sources and
in the same manner as provided in section
1901.11 of the Revised
Code, except that the compensation of the clerk of the Carroll county municipal court is payable in biweekly installments. (D) Before entering upon the duties of the clerk's office,
the
clerk of a municipal court shall give bond of not less than
six
thousand dollars to be determined by the judges of the court,
conditioned upon the faithful performance of the clerk's duties. (E) The clerk of a municipal court may do all of the
following: administer oaths, take affidavits, and issue
executions upon any judgment rendered in the court, including a
judgment for unpaid costs; issue, sign, and attach the seal of
the
court to all writs, process, subpoenas, and papers issuing
out of
the court; and approve all bonds, sureties, recognizances,
and
undertakings fixed by any judge of the court or by law. The clerk
may
refuse to accept for filing any pleading or paper submitted
for filing by a
person who has been found to be a vexatious
litigator under section 2323.52
of the Revised Code and who has
failed to obtain leave to proceed under that
section. The clerk
shall do all of the following: file and safely keep all
journals,
records, books, and papers belonging or appertaining to
the court;
record the proceedings of the court; perform all other
duties that
the judges of the court may prescribe; and keep a
book showing all
receipts and disbursements, which book shall be
open for public
inspection at all times. The clerk shall prepare and maintain a general index, a
docket, and other records that the court, by rule, requires, all
of which shall be the public records of the court. In the
docket,
the clerk shall enter, at the time of the commencement of
an
action, the names of the parties in full, the names of the
counsel, and the nature of the proceedings. Under proper dates,
the clerk shall note the filing of the complaint, issuing of
summons or
other process, returns, and any subsequent pleadings.
The clerk
also shall enter all reports, verdicts, orders,
judgments, and
proceedings of the court, clearly specifying the
relief granted
or orders made in each action. The court may order
an extended
record of any of the above to be made and entered,
under the
proper action heading, upon the docket at the request of
any
party to the case, the expense of which record may be taxed as
costs in the case or may be required to be prepaid by the party
demanding the record, upon order of the court. (F) The clerk of a municipal court shall receive, collect,
and issue receipts for all costs, fees, fines, bail, and other
moneys payable to the office or to any officer of the court. The
clerk
shall each month disburse to the proper persons or officers,
and
take receipts for, all costs, fees, fines, bail, and other
moneys
that the clerk collects. Subject to sections 3375.50 and
4511.193
of
the Revised Code and to any other section of the
Revised Code
that requires a specific manner of disbursement of
any moneys
received by a municipal court and except for the
Hamilton county,
Lawrence county, and Ottawa county municipal
courts, the clerk shall pay all
fines received for violation of
municipal ordinances into the
treasury of the municipal
corporation the ordinance of which was
violated and shall pay all
fines received for violation of
township resolutions adopted
pursuant to section 503.52 or 503.53 or Chapter 504. of the
Revised Code into the treasury of
the township the resolution of
which was violated. Subject to
sections 1901.024 and 4511.193 of
the Revised Code, in the
Hamilton county, Lawrence county, and Ottawa county
municipal
courts, the clerk shall pay fifty per cent of the fines
received
for violation of municipal ordinances and fifty per cent
of the
fines received for violation of township resolutions
adopted
pursuant to section 503.52 or 503.53 or Chapter 504. of the Revised Code into the
treasury of
the county. Subject to sections 3375.50, 3375.53,
4511.19, and
5503.04 of the Revised Code and to any other section
of the
Revised Code that requires a specific manner of
disbursement of
any moneys received by a municipal court, the
clerk shall pay all
fines collected for the violation of state
laws into the county
treasury. Except in a county-operated
municipal court, the clerk
shall pay all costs and fees the
disbursement of which is not
otherwise provided for in the
Revised
Code into the city treasury.
The clerk of a
county-operated
municipal court shall pay the costs
and fees the
disbursement of
which is not otherwise provided for
in the
Revised Code into the
county treasury. Moneys deposited as
security for costs shall be
retained pending the litigation. The
clerk shall keep a separate
account of all receipts and
disbursements in civil and criminal
cases, which shall be a
permanent public record of the office. On
the expiration of the
term of the clerk, the clerk shall deliver
the records to the
clerk's
successor. The clerk shall have other
powers and duties
as are prescribed by
rule or order of the court. (G) All moneys paid into a municipal court shall be noted
on
the record of the case in which they are paid and shall be
deposited in a state or national bank, or a domestic savings and
loan association, as defined in section 1151.01 of the Revised
Code, that is selected by the clerk. Any interest received upon
the deposits shall be paid into the city treasury, except that, in
a county-operated municipal court, the interest shall be paid
into
the treasury of the county in which the court is located. On the first Monday in January of each year, the clerk
shall
make a list of the titles of all cases in the court that
were
finally determined more than one year past in which there
remains
unclaimed in the possession of the clerk any funds, or
any part of
a deposit for security of costs not consumed by the
costs in the
case. The clerk shall give notice of the moneys to
the parties
who are entitled to the moneys or to their attorneys
of record.
All the moneys remaining unclaimed on the first day
of April of
each year shall be paid by the clerk to the city
treasurer, except
that, in a county-operated municipal court, the
moneys shall be
paid to the treasurer of the county in which the
court is located.
The treasurer shall pay any part of the
moneys at any time to the
person who has the right to the
moneys upon proper certification
of the clerk. (H) Deputy clerks of a municipal court other than the Carroll county municipal court may be appointed by the clerk and shall
receive the compensation, payable in either biweekly installments or semimonthly installments, as determined by the payroll administrator, out
of the city treasury, that the clerk may prescribe, except that
the compensation of any deputy clerk of a county-operated
municipal court shall be paid out of the treasury of the county
in
which the court is located. The judge of the Carroll county municipal court may appoint deputy clerks for the court, and the deputy clerks shall receive the compensation, payable in biweekly installments out of the county treasury, that the judge may prescribe. Each deputy clerk shall take an
oath
of office before entering upon the duties of the deputy clerk's
office
and, when so qualified, may perform the duties appertaining
to the
office of the clerk. The clerk may require any of the
deputy
clerks to give bond of not less than three thousand
dollars,
conditioned for the faithful performance of the deputy
clerk's duties. (I) For the purposes of this section, whenever the
population of the territory of a municipal court falls below one
hundred thousand but not below ninety thousand, and the
population
of the territory prior to the most recent regular
federal census
exceeded one hundred thousand, the legislative
authority of the
municipal corporation may declare, by
resolution, that the
territory shall be considered to have a
population of at least one
hundred thousand. (J) The clerk or a deputy clerk shall be in attendance at
all sessions of the municipal court, although not necessarily in
the courtroom, and may administer oaths to witnesses and jurors
and receive verdicts.
Sec. 1901.34. (A) Except as provided in divisions (B) and
(D) of this section, the village solicitor, city director of law,
or similar chief legal officer for each municipal corporation
within the territory of a municipal court shall prosecute all
cases brought before the municipal court for criminal offenses
occurring within the municipal corporation for which that
person
is the
solicitor, director of law, or similar chief legal officer.
Except as provided in division (B) of this section, the village
solicitor, city director of law, or similar chief legal officer
of
the municipal corporation in which a municipal court is
located
shall prosecute all criminal cases brought before the
court
arising in the unincorporated areas within the territory of
the
municipal court. (B) The Auglaize county,
Brown county, Clermont county, Hocking county, Holmes 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
Carroll county, Crawford
county, Hamilton county, Madison county,
and Wayne
county
prosecuting attorneys and beginning January 1, 2008, the Erie county prosecuting attorney 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 Greene county prosecuting attorney may, with the concurrence of the Greene county board of county commissioners, prosecute in the Fairborn municipal court all violations of state law arising within the unincorporated areas of Bath and Beavercreek townships in Greene county and prosecute in the Xenia municipal court all violations of state law arising within the unincorporated areas of Ceasarcreek, Cedarville, Jefferson, Miami, New Jasper, Ross, Silvercreek, Spring Valley, Sugarcreek, and Xenia townships in Greene county. 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, Holmes, 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, Holmes, 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, Holmes 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 Until December 31, 2007, in the Erie county county court, one part-time judge shall
be
elected in 1982. Effective January 1, 2008, the Erie county county court shall cease to exist.
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 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. SECTION 4. That the existing versions of sections 1901.01, 1901.02, 1901.03, 1901.08, 1901.31, 1901.34, and 1907.11 of the Revised Code that are scheduled to take effect January 18, 2007, are hereby repealed.
SECTION 5. Sections 3 and 4 of this act shall take effect on January 18, 2007.
SECTION 6. (A) Effective January 1, 2007, the Carroll County County Court is abolished.
(B) All causes, executions, and other proceedings pending in the Carroll County County Court at the close of business on December 31, 2006, shall be transferred to and proceed in the Carroll County Municipal Court on January 1, 2007, as if originally instituted in the Carroll 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 Carroll County Municipal Court. The Clerk of the Carroll County County Court or other custodian shall transfer to the Carroll 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 Carroll County County Court, or any officer of that court, at the close of business on December 31, 2006, and that pertain to those causes, judgments, executions, and proceedings.
(C) All employees of the Carroll County County Court shall be transferred to and shall become employees of the Carroll County Municipal Court on January 1, 2007.
(D) Effective January 1, 2007, the part-time judgeship in the Carroll County County Court is abolished.
SECTION 7. (A) Effective January 1, 2008, the Erie County County Court is abolished.
(B) All causes, executions, and other proceedings pending in the Erie County County Court at the close of business on December 31, 2007, shall be transferred to and proceed in the Erie County Municipal Court on January 1, 2008, as if originally instituted in the Erie 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 Erie County Municipal Court. The Clerk of the Erie County County Court or other custodian shall transfer to the Erie 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 Erie County County Court, or any officer of that court, at the close of business on December 31, 2007, and that pertain to those causes, judgments, executions, and proceedings.
(C) All employees of the Erie County County Court shall be transferred to and shall become employees of the Erie County Municipal Court on January 1, 2008.
(D) Effective January 1, 2008, the part-time judgeship in the Erie County County Court is abolished. SECTION 8. (A) Effective January 1, 2009, the Cuyahoga Falls Municipal Court and the two full-time judgeships of that court are abolished.
(B) All causes, executions, and other proceedings pending in the Cuyahoga Falls Municipal Court at the close of business on December 31, 2008, shall be transferred to and proceed in the Stow Municipal Court on January 1, 2009, as if originally instituted in the Stow 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 Stow Municipal Court. The Clerk of the Cuyahoga Falls Municipal Court or other custodian shall transfer to the Stow 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 Cuyahoga Falls Municipal Court, or any officer of that court, at the close of business on December 31, 2008, and that pertain to those causes, judgments, executions, and proceedings.
(C) All employees of the Cuyahoga Falls Municipal Court shall be transferred to and shall become employees of the Stow Municipal Court on January 1, 2009.
(D) Beginning January 1, 2009, the clerk of the Cuyahoga Falls Municipal Court that existed prior to that date whose term commenced on January 1, 2004, shall serve as the clerk of the Stow Municipal Court until December 31, 2009. SECTION 9. Sections 1901.01, 1901.02, 1901.03, 1901.31, 1901.34, and 1907.11 of the Revised Code, as amended by Section 1 of this act, shall take effect January 1, 2007.
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 such necessity are that the creation of the Carroll County Municipal Court on January 1, 2007, is crucial for the proper, timely, and effective administration of justice in Carroll County and the election of the full-time judge of the Erie County Municipal Court in 2007, and thus the effectiveness of this act prior to the filing deadline for the 2007 primary election, is crucial for the proper, timely, and effective administration of justice in Erie County. Therefore, this act shall go into immediate effect. SECTION 11. Section 1901.31 of the Revised Code is presented in
Section 1 of this act as a composite of the section as amended by both Am. Sub. H.B. 23 and Am. Sub. H.B. 530 of
the 126th General Assembly. Section 1901.31 of the Revised Code is presented in
this act as a composite of the section as amended by Am. Sub. H.B. 23, Sub. H.B. 336, and Am. Sub. H.B. 530, all of
the 126th 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 composites are the resulting
versions of the section in effect prior to the effective dates of
the versions of the section as presented in this act.
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