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Am. H. B. No. 537 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives McGregor, J., Hughes, Evans, Stebelton, Skindell, Huffman, Okey, Letson, Yuko, DeGeeter, Batchelder, Chandler, Ciafardini, Combs, Domenick, Fende, Harwood, Heydinger, Luckie, Mecklenborg, Otterman, J., Slesnick
A BILL
To amend section 2701.10 of the Revised Code to
permit a civil action referred to a
retired judge
for consideration and adjudication
to be tried
and determined by a jury presided over
by the
retired judge.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2701.10 of the Revised Code be
amended to read as follows:
Sec. 2701.10. (A) As used in this section, "retired judge"
means any judge who retired from active service after election or
appointment to that judgeship without being defeated in an
election to retain the judgeship.
(B) This section applies to any civil action pending before
any court of common pleas, any division of the court of common
pleas, or any municipal court or county court, excluding a small
claims division of a municipal court or county court. If the
parties to a civil action seek a retired judge to preside over a
jury trial under this section, a jury trial may be had only if a
party to the action has properly made a demand for a jury trial in
accordance with Rule 38 of the Rules of Civil Procedure.
(C) Any voluntarily retired judge, or any
judge who is
retired under Section 6 of Article IV, Ohio
Constitution, may
register with the clerk of any court of common
pleas, municipal
court, or county court for the purpose of
receiving referrals for
adjudication of civil actions or
proceedings, and submissions for
determination of specific issues
or questions of fact or law in
any civil action or proceeding,
pending in the court for
adjudication by the retired judge or for trial by jury to be
presided over by the retired judge. There is no limitation upon
the number,
type, or location of courts with which a retired judge
may
register under this division. Upon registration with the clerk
of any court under this division, the retired judge is eligible
to
receive referrals and submissions from that court, in
accordance
with this section. Each court of common pleas,
municipal court,
and county court shall maintain an index of all
retired judges who
have registered with the clerk of that court
pursuant to this
division and shall make the index available to
any person, upon
request.
(B)(D)(1) The parties to any civil action or proceeding
pending in any court of common pleas, municipal court, or county
court unanimously may choose to have the action or proceeding in
its entirety or specific issues or questions in the action
referred for adjudication, or to have any specific
issue or
question of fact or law in the action or proceeding
submitted for
determination, to a retired judge of their choosing who has
registered with the clerk of that the court in which the action is
pending in accordance with
division (A)(C) of this section. If
If the parties unanimously do choose to have a referral or
submission made to a retired judge pursuant to this section, all
of the parties to the action or proceeding shall enter into a
written agreement with the retired judge that does all of the
following:
(a) Designates the retired judge to whom the referral or
submission is to be made;
(b) If a submission is to be made, describes Describes in
detail the
specific issue issues or question questions to be
submitted determined in the action;
(c) Indicates either of the following:
(i) That the action or proceeding in its entirety is to be
referred to, and is to be tried, determined, and adjudicated by
that retired judge or by a jury presided over by the retired
judge;
(ii) Indicates that the That any specific issue or question
in the action is to be
submitted, and is to be tried and
determined by that retired
judge. or by a jury presided over by
the retired judge;
(d) Indicates that the parties will assume the
responsibility
for providing facilities, equipment, and personnel, and other
support
reasonably needed by necessary for the retired judge
during his consideration of or the jury to advance and consider
the action or proceeding to determine a specific issue or question
in the action, and will pay all costs
arising out of the provision
of the facilities, equipment, and personnel, and other support;
(e) Indicates that, if the action or any specific issue or
question in the action is to be tried and determined by a jury
presided over by the retired judge and the action is settled by
the parties before the jurors are sworn, the parties will pay the
fees of the jurors;
(f) Identifies an amount of compensation to be paid by the
parties to the retired judge for his the retired judge's
services
and the manner of payment of the compensation.
(2) In any case described in division (B)(D)(1) of this
section, the agreement shall be filed with the clerk of the court
or the judge before whom the action or proceeding is pending.
Upon
the filing of the agreement, the judge before whom the
action or
proceeding is pending, by journal entry, shall order
the referral
or submission in accordance with the agreement. No
referral or
submission shall be made to a retired judge under
this section,
unless the parties to the action or proceeding
unanimously choose
to have the referral or submission made, enter
into an agreement
of the type described in division (B)(D)(1) of
this section with
the retired judge, and file the agreement in
accordance with this
division (D)(2) of this section.
(C)(E) Upon the entry of an order of referral or submission
in accordance with division (B)(D)(2) of this section, the retired
judge to whom the referral or submission is made, relative to the
action or proceeding referred or the issue or question submitted,
shall have all of the powers, duties, and authority of an active
judge of the court in which the action or proceeding is pending.
The court in which the action or proceeding is pending is not In
connection with a referral made under this section, no court is
required to provide the parties and the retired judge with court
or other
facilities, equipment, or personnel during his
consideration of
the action, proceeding, issue, or question, or
other support. The retired judge
shall not receive any
compensation, other than that agreed to by
the parties and the
retired judge, for his the retired judge's
services during his
consideration of to advance and consider the action, proceeding,
or to determine a specific issue, or
question in the action.
(D) A (F)(1) If no jury trial is had under this section, a
retired judge to whom a referral is made under this
section shall
try all or some of the issues in the action or proceeding,
shall
prepare relevant findings of fact and conclusions of law,
and
shall enter a judgment in the action or proceeding in the
same
manner as if he the retired judge were an active judge of
the
court. A
retired judge to whom a submission is made under this
section
shall try the specific issue or question submitted, shall
prepare
relevant findings of fact or conclusions of law, shall
make a
determination on the issue or question submitted, and shall
file
the findings, conclusions, and determination with the clerk
of
the court in which the action or proceeding is pending. If a
party has properly demanded a trial by jury in accordance with
Rule 38 of the Rules of Civil Procedure, a retired judge to whom a
referral is made shall preside over the jury trial and
determination of all or some of the issues in the action. A trial
by a jury under this section shall be conducted, and a
determination by a jury under this section shall be made, in
accordance with the applicable provisions of Chapter 2315. of the
Revised Code and the Rules of Civil Procedure and in the same
manner as trials and determinations by a jury in civil actions.
The selection and summoning of jurors for a jury trial and
determination under this section shall be in accordance with the
applicable provisions of Chapter 2313. of the Revised Code. The
fees of the jurors sworn shall be taxed as costs pursuant to
section 2335.28 of the Revised Code. If the action is settled by
the parties before the jurors are sworn, the parties shall pay the
fees of the jurors. The jury commissioner or
clerk in charge of
jurors shall make all of the necessary
arrangements to provide
the jurors to the retired judge in the
same manner as jurors are
provided pursuant to Chapter 2313. of
the Revised Code to the
active judge of the court in which the
action is pending.
(2) Any
judgment entered, and any finding of fact, conclusion
of law, or
determination of an issue or question made, by a
retired judge or by a jury in
accordance with this section shall
have the same force and effect
as if it had been entered or made
by an active judge of the
court or by a jury presided over by an
active judge of the court, and any appeal from the judgment,
finding, conclusion, or
determination shall be made as if the
judgment had been entered,
or the finding, conclusion, or
determination had been made, by an
active judge of the court or by
a jury presided over by an
active judge of the court.
(E)(G) The compensation of the jurors serving in a jury trial
of an action or a specific issue or question in the action under
this section shall be fixed in the same manner as in section
2313.34 of the Revised Code.
(H) Any judge who registers with any court in accordance
with
division (A)(C) of this section may have his the judge's name
removed from
the index of registered retired judges maintained by
that court
at any time after the registration. On and after the
date of
removal of the name of a retired judge from the index of a
court,
the retired judge is not eligible under this section to
receive
referrals or submissions from that court.
(F)(I) This section does not affect, and shall not be
construed as affecting, the provisions of section 141.16 of the
Revised Code. This section does not apply to any action or
proceeding pending in a small claims division of a municipal
court
or county court.
Section 2. That existing section 2701.10 of the Revised Code
is hereby repealed.
Section 3. The General Assembly hereby respectfully requests
the Supreme Court to modify Rule VI of the Rules for the
Government of the Judiciary, including the corresponding forms 3
and 4 appended to that Rule, pursuant to its authority under the
Ohio Constitution to make that Rule consistent with the amendments
of this act to section 2701.10 of the Revised Code. The General
Assembly further respectfully requests the Supreme Court to modify
Rules 38 and 39 of the Rules of Civil Procedure pursuant to its
authority under the Ohio Constitution to specify that those Rules
apply to civil actions or proceedings under section 2701.10 of the
Revised Code, as amended by this act.
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