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.

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.