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Sub. S. B. No. 155 As Reported by the House Judiciary CommitteeAs Reported by the House Judiciary Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Schuler, Grendell, Spada, Kearney, Austria, Boccieri, Buehrer, Cates, Harris
Representatives Blessing, Wagoner, Coley, Latta, Gerberry, Bacon, Batchelder, Seitz
A BILL
To amend sections 2151.07, 2301.02, and 2301.03 and
to enact sections 141.06 and 2101.025 of the
Revised Code and to amend
Section 6 of Sub. H.B.
336 of the 126th General Assembly to specify the
rate of compensation of a member of the current or
previous General Assembly who is appointed to
judicial office, to
create a
Domestic
Relations-Juvenile-Probate
Division of
the
Champaign County Court of Common
Pleas, to
designate the Champaign County Probate
and
Juvenile Judge as a judge of that division,
to
add a judge to that division to be elected
in
2008, to make the Hamilton County Drug Court
permanent, to extend
the deadline by which the
report of the Joint Committee to Study
Court
Costs and Filing Fees is due, and to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.07, 2301.02, and 2301.03 be
amended and sections 141.06 and 2101.025 of the Revised Code be
enacted to
read as follows:
Sec. 141.06. A member of the current general assembly, or a
person who was a member of the current or previous general
assembly, who is appointed to fill the unexpired term of office of
the chief justice or a justice of the supreme court or of any
judge shall receive compensation for the balance of that unexpired
term at the rate that was in effect for that office on the last
day of the general assembly prior to the one during which the
person was appointed.
Sec. 2101.025. Effective February 9, 2009, the probate judge
of the court of common pleas of Champaign county shall have all
the powers relating to the domestic relations-juvenile-probate
division of the court of common pleas of Champaign county, as
established pursuant to division (DD)(1) of section 2301.03 of the
Revised Code, and shall exercise concurrent jurisdiction with the
judges of the domestic relations-juvenile-probate division of the
court of common pleas of Champaign county over matters that are
within the jurisdiction of the domestic relations-juvenile-probate
division, as set forth in division (DD)(1) of section 2301.03 of
the Revised Code.
Sec. 2151.07. The juvenile court is a court of record
within
the
court of common pleas. The juvenile court has and
shall
exercise
the powers and jurisdiction conferred in Chapters
2151.
and 2152.
of the Revised Code.
Whenever the juvenile judge of the juvenile court is sick, is
absent from the county, or is unable to attend court, or the
volume of
cases pending in court necessitates it, upon the request
of the
administrative juvenile
judge, the presiding judge of the
court of common pleas pursuant to
division
(DD)(EE) of section
2301.03
of the Revised Code shall
assign a judge of any division
of the
court of common pleas of the
county to act
in the juvenile
judge's place or in conjunction with
the juvenile judge. If no
judge of the court
of common pleas is
available for that purpose,
the chief justice of the
supreme
court shall assign a judge of the
court of common pleas, a
juvenile judge, or a probate judge from
a
different
county to act
in the place of that juvenile judge or
in
conjunction with
that juvenile
judge. The assigned judge
shall
receive the compensation and expenses for so
serving that
is
provided by law for judges assigned to hold court in courts of
common pleas.
Sec. 2301.02. The number of judges of the court of common
pleas for each county, the time for the next election of the
judges in the several counties, and the beginning of their terms
shall be as follows:
(A) In Adams, Ashland, Fayette, and Pike counties, one
judge,
elected in 1956, term to begin February 9, 1957;
In Brown, Crawford, Defiance, Highland, Holmes, Morgan,
Ottawa, and Union counties, one judge, to be elected in 1954,
term
to begin February 9, 1955;
In Auglaize county, one judge, to be elected in 1956, term
to
begin January 9, 1957;
In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,
Jackson, Knox, Madison, Mercer, Monroe, Paulding,
Vinton, and
Wyandot counties, one judge, to be elected in 1956,
term to begin
January 1, 1957;
In Morrow county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and one to be elected in 2006, term to
begin January 1, 2007;
In Logan county, two judges, one to be elected in 1956, term
to begin January 1, 1957, and one to be elected in 2004, term to
begin January 2, 2005;
In Carroll, Champaign, Clinton, Hocking, Meigs, Pickaway,
Preble, Shelby, Van Wert, and Williams counties, one judge, to be
elected in 1952, term to begin January 1, 1953;
In Champaign county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and one to be elected in 2008, term
to begin February 10, 2009.
In Harrison and Noble counties, one judge, to be elected in
1954, term to begin April 18, 1955;
In Henry county, two judges, one to be elected in 1956, term
to begin May 9, 1957, and one to be elected in 2004, term to begin
January 1, 2005;
In Putnam county, one judge, to be elected in
1956, term to
begin May 9, 1957;
In Huron county, one judge, to be elected in 1952, term to
begin May 14, 1953;
In Perry county, one judge, to be elected in 1954, term to
begin July 6, 1956;
In Sandusky county, two judges, one to be elected in 1954,
term to begin February 10, 1955, and one to be elected in 1978,
term to begin January 1, 1979;
(B) In Allen county, three judges, one to be elected in
1956,
term to begin February 9, 1957, the second to be elected in
1958,
term to begin January 1, 1959, and the third to be elected
in
1992, term to begin January 1, 1993;
In Ashtabula county, three judges, one to be elected in
1954,
term to begin February 9, 1955, one to be elected in 1960,
term to
begin January 1, 1961, and one to be elected in 1978,
term to
begin January 2, 1979;
In Athens county, two judges, one to be elected in 1954,
term
to begin February 9, 1955, and one to be elected in 1990,
term to
begin July 1, 1991;
In Erie county, four judges, one to be elected in 1956, term
to begin January 1, 1957, the second to be elected in 1970,
term
to begin January 2, 1971, the third to be elected in 2004, term to
begin January 2, 2005, and the fourth to be elected in 2008, term
to begin February 9, 2009;
In Fairfield county, three judges, one to be elected in
1954,
term to begin February 9, 1955, the second to be elected in
1970,
term to begin January 1, 1971, and the third to be elected
in
1994, term to begin January 2, 1995;
In Geauga county, two judges, one to be elected in 1956,
term
to begin January 1, 1957, and the second to be elected in
1976,
term to begin January 6, 1977;
In Greene county, four judges, one to be elected in 1956,
term to begin February 9, 1957, the second to be elected in 1960,
term to begin January 1, 1961, the third to be elected in 1978,
term to begin January 2, 1979, and the fourth to be elected in
1994, term to begin January 1, 1995;
In Hancock county, two judges, one to be elected in 1952,
term to begin January 1, 1953, and the second to be elected in
1978, term to begin January 1, 1979;
In Lawrence county, two judges, one to be elected in 1954,
term to begin February 9, 1955, and the second to be elected in
1976, term to begin January 1, 1977;
In Marion county, three judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in
1976,
term to begin January 2, 1977, and the third to be elected in
1998, term
to begin February 9, 1999;
In Medina county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1966,
term to begin January 1, 1967, and the third to be elected in
1994, term to begin January 1, 1995;
In Miami county, two judges, one to be elected in 1954,
term
to begin February 9, 1955, and one to be elected in 1970,
term to
begin on January 1, 1971;
In Muskingum county,
three judges, one to be elected in
1968,
term to begin August 9, 1969,
one to be elected in 1978,
term
to
begin January 1, 1979, and one to be elected in 2002, term
to
begin January 2, 2003;
In Portage county, three judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1960,
term to begin January 1, 1961, and the third to be elected in
1986, term to begin January 2, 1987;
In Ross county, two judges, one to be elected in 1956, term
to begin February 9, 1957, and the second to be elected in 1976,
term to begin January 1, 1977;
In Scioto county, three judges, one to be elected in 1954,
term to begin February 10, 1955, the second to be elected in
1960,
term to begin January 1, 1961, and the third to be elected
in
1994, term to begin January 2, 1995;
In Seneca county, two judges, one to be elected in 1956,
term
to begin January 1, 1957, and the second to be elected in
1986,
term to begin January 2, 1987;
In Warren county,
four judges, one to be elected in
1954,
term to begin February 9, 1955, the second to be elected in
1970,
term to begin January 1, 1971,
the third to be elected
in
1986,
term to begin January 1, 1987, and the fourth to be
elected in
2004, term to begin January 2, 2005;
In Washington county, two judges, one to be elected in
1952,
term to begin January 1, 1953, and one to be elected in
1986, term
to begin January 1, 1987;
In Wood county, three judges, one to be elected in 1968,
term
beginning January 1, 1969, the second to be elected in 1970,
term
to begin January 2, 1971, and the third to be elected in
1990,
term to begin January 1, 1991;
In Belmont and Jefferson counties, two judges, to be
elected
in 1954, terms to begin January 1, 1955, and February 9,
1955,
respectively;
In Clark county, four judges, one to be elected in 1952,
term
to begin January 1, 1953, the second to be elected in 1956,
term
to begin January 2, 1957, the third to be elected in 1986,
term to
begin January 3, 1987, and the fourth to be elected in
1994, term
to begin January 2, 1995.
In Clermont county, five judges, one to be elected in 1956,
term to begin January 1, 1957, the second to be elected in 1964,
term to begin January 1, 1965, the third to be elected in 1982,
term to begin January 2, 1983, the fourth to be elected in
1986,
term to begin January 2, 1987; and the fifth to be elected in
2006, term to begin January 3, 2007;
In Columbiana county, two judges, one to be elected in
1952,
term to begin January 1, 1953, and the second to be elected
in
1956, term to begin January 1, 1957;
In Delaware county, two judges, one to be elected in 1990,
term to begin February 9, 1991, the second to be elected in 1994,
term to begin January 1, 1995;
In Lake county, six judges, one to be elected in 1958,
term
to begin January 1, 1959, the second to be elected in 1960,
term
to begin January 2, 1961, the third to be elected in 1964,
term to
begin January 3, 1965, the fourth and fifth to be
elected in 1978,
terms to begin January 4, 1979, and January
5, 1979, respectively,
and the sixth to be elected in 2000, term to
begin January 6,
2001;
In Licking county, four judges, one to be elected in 1954,
term to begin February 9, 1955, one to be elected in 1964, term
to
begin January 1, 1965, one to be elected in 1990, term to
begin
January 1, 1991, and one to be elected in 2004, term to begin
January 1, 2005;
In Lorain county, ten judges, two to be elected in 1952,
terms to begin January 1, 1953, and January 2, 1953,
respectively,
one to be elected in 1958, term to begin January 3,
1959, one to
be elected in 1968, term to begin January 1, 1969,
two to be
elected in 1988, terms to begin January 4, 1989,
and January 5,
1989, respectively, two to be elected in 1998, terms to
begin
January 2, 1999, and January 3, 1999, respectively; one to be
elected in 2006, term to begin January 6, 2007; and one to be
elected in 2008, term to begin February 9, 2009, as described in
division (C)(1)(c) of section 2301.03 of the Revised Code;
In Butler county,
eleven judges, one to be elected in
1956,
term to begin January 1, 1957; two to be elected in 1954,
terms
to
begin January 1, 1955, and February 9, 1955,
respectively; one
to
be elected in 1968, term to begin January 2,
1969; one to be
elected in 1986, term to begin January 3, 1987;
two to be elected
in 1988, terms to begin January 1, 1989, and
January 2, 1989,
respectively;
one to be elected in 1992, term
to begin
January 4,
1993;
two to be elected in 2002,
terms to
begin
January
2,
2003,
and January 3, 2003, respectively; and one to be elected in 2006,
term to begin January 3, 2007;
In Richland county, four judges, one to be elected in
1956,
term to begin January 1, 1957, the second to be elected in
1960,
term to begin February 9, 1961, the third to be elected
in
1968,
term to begin January 2, 1969, and the fourth to be elected in
2004, term to begin January 3, 2005;
In Tuscarawas county, two judges, one to be elected in
1956,
term to begin January 1, 1957, and the second to be elected
in
1960, term to begin January 2, 1961;
In Wayne county, two judges, one to be elected in 1956,
term
beginning January 1, 1957, and one to be elected in 1968,
term to
begin January 2, 1969;
In Trumbull county, six judges, one to be elected in 1952,
term to begin January 1, 1953, the second to be elected in 1954,
term to begin January 1, 1955, the third to be elected in 1956,
term to begin January 1, 1957, the fourth to be elected in 1964,
term to begin January 1, 1965, the fifth to be elected in 1976,
term to begin January 2, 1977, and the sixth to be elected
in
1994, term to begin January 3, 1995;
(C) In Cuyahoga county, thirty-nine judges; eight to be
elected in 1954, terms to begin on successive days beginning from
January 1, 1955, to January 7, 1955, and February 9, 1955,
respectively; eight to be elected in 1956, terms to begin on
successive days beginning from January 1, 1957, to January 8,
1957; three to be elected in 1952, terms to begin from January 1,
1953, to January 3, 1953; two to be elected in 1960, terms to
begin on January 8, 1961, and January 9, 1961, respectively; two
to be elected in 1964, terms to begin January 4, 1965, and
January
5, 1965, respectively; one to be elected in 1966, term to
begin on
January 10, 1967; four to be elected in 1968, terms to
begin on
successive days beginning from January 9, 1969, to
January 12,
1969; two to be elected in 1974, terms to begin on
January 18,
1975, and January 19, 1975, respectively; five to be
elected in
1976, terms to begin on successive days beginning
January 6, 1977,
to January 10, 1977; two to be elected in 1982,
terms to begin
January 11, 1983, and January 12, 1983,
respectively; and two to
be elected in 1986, terms to begin
January 13, 1987, and January
14, 1987, respectively;
In Franklin county, twenty-two judges; two to be elected
in
1954, terms to begin January 1, 1955, and February 9, 1955,
respectively; four to be elected in 1956, terms to begin January
1, 1957, to January 4, 1957; four to be elected in 1958, terms to
begin January 1, 1959, to January 4, 1959; three to be elected in
1968, terms to begin January 5, 1969, to January 7, 1969; three
to
be elected in 1976, terms to begin on successive days
beginning
January 5, 1977, to January 7, 1977; one to be elected
in 1982,
term to begin January 8, 1983; one to be elected in
1986, term to
begin January 9, 1987; two to be elected in
1990, terms to begin
July 1, 1991, and July 2, 1991,
respectively; one to be
elected in
1996, term to begin
January 2, 1997; and one to be elected in
2004, term to begin July 1, 2005;
In Hamilton county, twenty-one judges; eight to be
elected in
1966, terms to begin January 1, 1967, January 2, 1967, and from
February 9, 1967, to February 14, 1967, respectively; five to be
elected in 1956, terms to begin from January 1, 1957, to January
5, 1957; one to be elected in 1964, term to begin January 1,
1965;
one to be elected in 1974, term to begin January 15, 1975;
one to
be elected in 1980, term to begin January 16, 1981; two to
be
elected at large in the general election in 1982, terms to
begin
April 1, 1983; one to be elected in 1990, term to begin
July 1,
1991; and two to be elected in 1996, terms to begin
January 3,
1997, and January 4, 1997, respectively;
In Lucas county, fourteen judges; two to be elected in
1954,
terms to begin January 1, 1955, and February 9, 1955,
respectively; two to be elected in 1956, terms to begin January
1,
1957, and October 29, 1957, respectively; two to be elected in
1952, terms to begin January 1, 1953, and January 2, 1953,
respectively; one to be elected in 1964, term to begin January 3,
1965; one to be elected in 1968, term to begin January 4, 1969;
two to be elected in 1976, terms to begin January 4, 1977, and
January 5, 1977, respectively; one to be elected in 1982, term to
begin January 6, 1983; one to be elected in 1988, term to begin
January 7, 1989; one to be elected in 1990, term to begin January
2, 1991; and one to be elected in 1992, term to begin January 2,
1993;
In Mahoning county, seven judges; three to be elected in
1954, terms to begin January 1, 1955, January 2, 1955, and
February 9, 1955, respectively; one to be elected in 1956, term
to
begin January 1, 1957; one to be elected in 1952, term to
begin
January 1, 1953; one to be elected in 1968, term to begin
January
2, 1969; and one to be elected in 1990, term to begin
July 1,
1991;
In Montgomery county, fifteen judges; three to be elected
in
1954, terms to begin January 1, 1955, January 2, 1955, and
January
3, 1955, respectively; four to be elected in 1952, terms
to begin
January 1, 1953, January 2, 1953, July 1, 1953, and July 2,
1953,
respectively; one to be elected in 1964, term to begin
January 3,
1965; one to be elected in 1968, term to begin January
3, 1969;
three to be elected in 1976, terms to begin on
successive days
beginning January 4, 1977, to January 6, 1977;
two to be elected
in 1990, terms to begin July 1, 1991, and July
2, 1991,
respectively; and one to be elected in 1992, term to
begin January
1, 1993.
In Stark county, eight judges; one to be elected in 1958,
term to begin on January 2, 1959; two to be elected in 1954,
terms
to begin on January 1, 1955, and February 9, 1955,
respectively;
two to be elected in 1952, terms to begin January
1, 1953, and
April 16, 1953, respectively; one to be elected in
1966, term to
begin on January 4, 1967; and two to be elected in
1992, terms to
begin January 1, 1993, and January 2, 1993,
respectively;
In Summit county, thirteen judges; four to be elected in
1954,
terms to begin January 1, 1955, January 2, 1955, January 3,
1955,
and February 9, 1955, respectively; three to be elected in
1958,
terms to begin January 1, 1959, January 2, 1959, and May
17,
1959,
respectively; one to be elected in 1966, term to begin
January 4,
1967; one to be elected in 1968, term to begin January
5, 1969;
one to be elected in 1990, term to begin May 1, 1991;
one
to
be elected in 1992, term to begin January 6, 1993; and two to
be elected in 2008, terms to begin January 5, 2009, and January 6,
2009, respectively.
Notwithstanding the foregoing provisions, in any county
having two or more judges of the court of common pleas, in which
more than one-third of the judges plus one were previously
elected
at the same election, if the office of one of those
judges so
elected becomes vacant more than forty days prior to
the second
general election preceding the expiration of that
judge's term,
the office that that judge had filled shall be
abolished as of the
date of the next general election, and a new
office of judge of
the court of common pleas shall be created. The judge who
is to
fill that new office shall be elected for a
six-year term at the
next general election, and the term
of that judge shall commence
on the first day of the year following
that general
election, on
which day no other judge's term begins, so that the
number of
judges that the county shall elect shall
not be
reduced.
Judges of the probate division of the court of common pleas
are judges of the court of common pleas but shall be elected
pursuant to sections 2101.02 and 2101.021 of the Revised Code,
except in Adams, Harrison, Henry, Morgan, Noble, and
Wyandot
counties in which the judge of the court of common pleas
elected
pursuant to this section also shall serve as judge
of the
probate
division, except in Lorain county in which the judges of the
domestic relations division of the Lorain county court of common
pleas elected pursuant to this section also shall perform the
duties and functions of the judge of the probate division, and
except in Morrow county in which the judges of the court of common
pleas elected pursuant to this section also shall perform the
duties and functions of the judge of the probate division.
Sec. 2301.03. (A) In Franklin county, the judges of the
court of common pleas whose terms begin on January 1, 1953,
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,
1997, and
successors, shall have the same qualifications, exercise
the same
powers and jurisdiction, and receive the same
compensation as
other judges of the court of common pleas of
Franklin county and
shall be elected and designated as judges of
the court of common
pleas, division of domestic relations. They
shall have all the
powers relating to juvenile courts, and all
cases under
Chapters 2151. and 2152. of the Revised Code,
all
parentage proceedings under
Chapter 3111. of the Revised Code over
which the juvenile court
has jurisdiction, and all divorce,
dissolution of marriage, legal
separation, and annulment cases
shall be assigned to them. In
addition to the judge's regular
duties, the judge who is
senior in point
of service shall serve on
the children services board and the
county advisory board and
shall be the administrator of the
domestic relations division and
its subdivisions and departments.
(1) The judge of the court of
common pleas, whose term
begins
on January 1, 1957, and
successors, and the judge of the
court of
common pleas, whose
term begins on February 14, 1967, and
successors, shall be the
juvenile judges as provided in Chapters
2151.
and 2152. of the Revised Code,
with the powers and
jurisdiction conferred by those
chapters.
(2) The judges of the court of common pleas whose terms
begin
on January 5, 1957, January 16, 1981, and July 1, 1991, and
successors, shall be elected and designated as judges of the
court
of common pleas, division of domestic relations, and shall
have
assigned to them all divorce, dissolution of marriage, legal
separation, and annulment cases coming before the court. On or
after the first day of July and before the first day of August of
1991 and each year thereafter, a majority of the judges of the
division of domestic relations shall elect one of the judges of
the division as administrative judge of that division. If a
majority of the judges of the division of domestic relations are
unable for any reason to elect an
administrative judge for the
division before the first day of
August, a majority of the judges
of the Hamilton
county court of common pleas, as soon as possible
after that
date, shall elect one of the judges of the division of
domestic
relations as administrative judge of that division. The
term of
the administrative judge shall begin on the earlier of the
first
day of August of the year in which the administrative judge
is elected or
the date on which the administrative judge is
elected by a
majority of the
judges of the Hamilton
county court
of common pleas and shall terminate on the date on
which the
administrative judge's successor is elected in the
following
year.
In addition to the judge's regular duties, the
administrative
judge
of the division of domestic relations shall be the
administrator
of the domestic relations division and its
subdivisions and
departments and shall have charge of the
employment, assignment,
and supervision of the personnel of the
division engaged in
handling, servicing, or investigating divorce,
dissolution of
marriage, legal separation, and annulment cases,
including any
referees considered necessary by the judges in the
discharge of
their various duties.
The administrative judge of the division of domestic
relations also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division, and shall fix the duties of its
personnel. The duties of the personnel, in addition to those
provided for in other sections of the Revised Code, shall include
the handling, servicing, and investigation of divorce,
dissolution
of marriage, legal separation, and annulment cases
and counseling
and conciliation services that may be made
available to persons
requesting them, whether or not the persons
are parties to an
action pending in the division.
The board of county commissioners shall appropriate the sum
of money each year as will meet all the administrative expenses
of
the division of domestic relations, including reasonable
expenses
of the domestic relations judges and the division
counselors and
other employees designated to conduct the
handling, servicing, and
investigation of divorce, dissolution of
marriage, legal
separation, and annulment cases, conciliation and
counseling, and
all matters relating to those cases and
counseling, and the
expenses involved in the attendance of
division personnel at
domestic relations and welfare conferences
designated by the
division, and the further sum each year as will
provide for the
adequate operation of the division of domestic
relations.
The compensation and expenses of all employees and the
salary
and expenses of the judges shall be paid by the county
treasurer
from the money appropriated for the operation of the
division,
upon the warrant of the county auditor, certified to by
the
administrative judge of the division of domestic relations.
The summonses, warrants, citations, subpoenas, and other
writs of the division may issue to a bailiff, constable, or staff
investigator of the division or to the sheriff of any county or
any marshal, constable, or police officer, and the provisions of
law relating to the subpoenaing of witnesses in other cases shall
apply insofar as they are applicable. When a summons, warrant,
citation, subpoena, or other writ is issued to an officer, other
than a bailiff, constable, or staff investigator of the division,
the expense of serving it shall be assessed as a part of the
costs
in the case involved.
(3) The judge of the court of common pleas of
Hamilton
county
whose term begins on
January 3, 1997,
and the successor successors
to
that
judge whose term begins on January 3, 2003, shall
each be
elected
and
designated for one term only as the drug court judge
of the
court
of common
pleas of
Hamilton
county. The
successors
to
the
judge
whose term begins on January 3, 2003,
shall be
elected
and
designated as judges
of the general
division
of the
court of
common pleas
of Hamilton
county and shall
not have
the
authority
granted by division (B)(3)
of this
section.
The drug
court judge
may accept or reject any
case referred to the
drug
court judge
under division (B)(3) of
this
section. After the
drug
court judge
accepts a referred case,
the drug court
judge has
full
authority
over the case, including
the authority to
conduct
arraignment,
accept pleas, enter findings
and dispositions,
conduct
trials,
order treatment, and if
treatment is not
successfully completed
pronounce and enter
sentence.
A judge of the general division of the court of common pleas
of
Hamilton
county and a judge of the
Hamilton
county municipal
court may refer to
the drug court judge any case,
and any
companion cases, the judge determines
meet the criteria
described
under divisions
(B)(3)(a) and
(b) of this section. If
the drug
court judge accepts
referral of a referred case, the
case, and any
companion cases, shall be
transferred
to the drug
court judge. A
judge may refer a case meeting the criteria
described in divisions
(B)(3)(a)
and (b) of this section that
involves a violation of
a
condition of a community control sanction to the drug court
judge,
and, if the drug court
judge
accepts
the referral, the
referring
judge and the drug court
judge have
concurrent
jurisdiction over
the case.
A judge of the general division of the court of common pleas
of
Hamilton
county and a judge of the Hamilton
county municipal
court may refer a case to the drug court judge
under division
(B)(3)
of this section if the judge determines that
both of the
following apply:
(a) One of the following applies:
(i) The case involves a drug abuse offense, as defined in
section
2925.01 of the Revised
Code, that is a felony of the third
or fourth
degree if the offense is committed prior to July 1,
1996, a felony of
the third, fourth, or fifth degree if the
offense is committed on or after
July 1, 1996, or a misdemeanor.
(ii) The case involves a theft offense, as defined in
section
2913.01 of the Revised
Code, that is a felony of the third
or
fourth
degree if the offense is committed prior to July 1,
1996, a
felony of
the third, fourth, or fifth degree if the
offense is
committed on or after
July 1, 1996, or a misdemeanor,
and the
defendant is drug or alcohol
dependent or in danger of
becoming
drug or alcohol dependent and would benefit
from
treatment.
(b) All of the following apply:
(i) The case involves an offense for which a community
control sanction may be imposed or is a case in
which
a mandatory
prison term or a mandatory jail term is not required to be
imposed.
(ii) The defendant has no history of violent behavior.
(iii) The defendant has no history of mental illness.
(iv) The defendant's current or past behavior, or both, is
drug
or alcohol driven.
(v) The defendant demonstrates a sincere willingness to
participate in a fifteen-month treatment process.
(vi) The defendant has no acute health condition.
(vii) If the defendant is incarcerated, the county
prosecutor
approves of the referral.
(4) If the administrative judge of the court of common pleas
of
Hamilton county determines that the volume of cases pending
before
the drug court judge does not constitute a sufficient
caseload for the drug
court judge, the administrative judge, in
accordance with the Rules
of Superintendence for Courts of Common
Pleas, shall assign individual cases to the drug court judge from
the
general docket of the court. If the assignments so occur, the
administrative
judge shall cease the assignments when the
administrative judge determines
that the volume of cases pending
before the drug court judge constitutes a
sufficient caseload for
the drug court judge.
(5) As used in division (B) of this section, "community
control sanction," "mandatory prison term," and "mandatory jail
term" have the same meanings as in section 2929.01 of the Revised
Code.
(a) The judges of the court of common
pleas whose terms begin
on January 3, 1959, January 4, 1989,
January 2, 1999, and
February 9, 2009,
and successors, shall have the same
qualifications, exercise the
same powers and jurisdiction, and
receive the same compensation
as the other judges of the court of
common pleas of Lorain county
and shall be elected and designated
as the judges of the court of
common pleas, division of domestic
relations. They shall have
all of the powers relating to juvenile
courts, and all cases
under Chapters 2151. and 2152.
of the
Revised Code, all parentage
proceedings over which the juvenile
court has jurisdiction, and
all divorce, dissolution of marriage,
legal separation, and
annulment cases shall be assigned to them,
except cases
that for some special reason are assigned to some
other judge of
the court of common pleas.
(b) On and after January 1, 2006, the judges of the court of
common pleas, division of domestic relations, in addition to the
powers and jurisdiction set forth in division (C)(1)(a) of this
section, shall have jurisdiction over matters that are within the
jurisdiction of the probate court under Chapter 2101. and other
provisions of the Revised Code. From January 1, 2006, through
February 8, 2009, the judges of the court of common pleas,
division of domestic relations, shall exercise probate
jurisdiction concurrently with the probate judge.
(c) The judge of the court of common pleas, division of
domestic relations, whose term begins on February 9, 2009, is the
successor to the probate judge who was elected in 2002 for a term
that began on February 9, 2003.
(2)(a) From January 1, 2006, through February 8, 2009, with
respect to Lorain county, all references in law to the probate
court shall be construed as references to both the probate court
and the court of common pleas, division of domestic relations, and
all references in law to the probate judge shall be construed as
references to both the probate judge and the judges of the court
of common pleas, division of domestic relations. On and after
February 9, 2009, with respect to Lorain county, all references in
law to the probate court shall be construed as references to the
court of common pleas, division of domestic relations, and all
references to the probate judge shall be construed as references
to the judges of the court of common pleas, division of domestic
relations.
(b) On and after February 9, 2009, with respect to Lorain
county, all references in law to the clerk of the probate court
shall be construed as references to the judge who is serving
pursuant to Rule 4 of the Rules of Superintendence for the Courts
of Ohio as the administrative judge of the court of common pleas,
division of domestic relations.
(1) The judges of the court of common
pleas whose terms
begin
on January 1, 1955, and January 3, 1965,
and successors,
shall
have the same qualifications, exercise the
same powers and
jurisdiction, and receive the same compensation
as other judges of
the court of common pleas of Lucas county and
shall be elected and
designated as judges of the court of common
pleas, division of
domestic relations. All divorce, dissolution
of marriage, legal
separation, and annulment cases shall be
assigned to them.
The judge of the division of domestic relations, senior in
point of service, shall be considered as the presiding judge of
the court of common pleas, division of domestic relations, and
shall be charged exclusively with the assignment and division of
the work of the division and the employment and supervision of
all
other personnel of the domestic relations division.
(2) The judges of the court of common pleas whose terms
begin
on January 5, 1977, and January 2, 1991, and successors
shall have
the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Lucas county, shall be elected
and
designated as judges of the court of common pleas, juvenile
division, and shall be the juvenile judges as provided in
Chapters
2151. and 2152. of the Revised Code
with the powers and
jurisdictions
conferred by those chapters. In addition to the
judge's
regular duties,
the judge of the court of common pleas,
juvenile division, senior
in point of service, shall be the
administrator of the juvenile
division and its subdivisions and
departments and shall have
charge of the employment, assignment,
and supervision of the
personnel of the division engaged in
handling, servicing, or
investigating juvenile cases, including
any referees considered
necessary by the judges of the division in
the discharge of their
various duties.
The judge of the court of common pleas, juvenile division,
senior in point of service, also shall designate the title,
compensation, expense allowance, hours, leaves of absence, and
vacation of the personnel of the division and shall fix the
duties
of the personnel of the division. The duties of the
personnel, in
addition to other statutory duties include the
handling,
servicing, and investigation of juvenile cases and
counseling and
conciliation services that may be made available
to persons
requesting them, whether or not the persons are
parties to an
action pending in the division.
(3) If one of the judges of the court of common pleas,
division of domestic relations, or one of the judges of the
juvenile division is sick, absent, or unable to perform that
judge's judicial duties or the volume of cases pending in
that
judge's division necessitates it, the duties shall be performed by
the
judges of
the other of those divisions.
(1) The judge of the court of
common pleas whose term began
on January 1, 1955, and successors,
shall have the same
qualifications, exercise the same powers and
jurisdiction, and
receive the same compensation as other judges
of the court of
common pleas of Mahoning county, shall be elected
and designated
as judge of the court of common pleas, division of
domestic
relations, and shall be assigned all
the
divorce, dissolution of
marriage, legal separation, and annulment
cases coming before the
court. In addition to the judge's
regular duties, the judge of
the
court of common pleas, division of
domestic relations, shall
be
the administrator of the domestic
relations division and its
subdivisions and departments and shall
have charge of the
employment, assignment, and supervision of the
personnel of the
division engaged in handling, servicing, or
investigating divorce,
dissolution of marriage, legal separation,
and annulment cases,
including any referees considered necessary
in the discharge of
the various duties of the judge's
office.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases and counseling and
conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division.
(2) The judge of the court of common pleas whose term
began
on January 2, 1969, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Mahoning county, shall be elected and designated
as judge of the court of common pleas, juvenile division, and
shall
be the juvenile judge as provided in Chapters
2151. and
2152. of the Revised
Code, with the powers and jurisdictions
conferred by those chapters. In addition to the judge's regular
duties,
the
judge of the
court of common pleas, juvenile division,
shall be the
administrator of the juvenile division and its
subdivisions and
departments and shall have charge of the
employment, assignment,
and supervision of the personnel of the
division engaged in
handling, servicing, or investigating juvenile
cases, including
any referees considered necessary by the judge in
the discharge
of the judge's various duties.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of juvenile cases and counseling and
conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division.
(3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties, or the
volume of
cases
pending in that judge's division necessitates it,
that
judge's duties shall be performed by
another judge of the court of
common pleas.
(F) In Montgomery county:
(1) The judges of the court of
common pleas whose terms
begin
on January 2, 1953, and January 4,
1977, and successors,
shall
have the same qualifications,
exercise the same powers and
jurisdiction, and receive the same
compensation as other judges of
the court of common pleas of
Montgomery county and shall be
elected and designated as judges
of the court of common pleas,
division of domestic relations.
These judges shall have assigned
to them all divorce, dissolution
of marriage, legal separation,
and annulment cases.
The judge of the division of domestic relations, senior in
point of service, shall be charged exclusively with the
assignment
and division of the work of the division and shall
have charge of
the employment and supervision of the personnel of
the division
engaged in handling, servicing, or investigating
divorce,
dissolution of marriage, legal separation, and annulment
cases,
including any necessary referees, except those employees
who may
be appointed by the judge, junior in point of service,
under this
section and sections 2301.12, 2301.18, and 2301.19 of
the Revised
Code. The judge of the division of domestic
relations, senior in
point of service, also shall designate the
title, compensation,
expense allowances, hours, leaves of
absence, and vacation of the
personnel of the division and shall
fix their duties.
(2) The judges of the court of common pleas whose terms
begin
on January 1, 1953, and January 1, 1993, and successors,
shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Montgomery county, shall be
elected
and designated as judges of the court of common pleas,
juvenile
division, and shall be, and have the powers and
jurisdiction of,
the juvenile judge as provided in
Chapters 2151. and 2152. of the
Revised Code.
In addition to the judge's regular duties, the judge of the
court
of common pleas, juvenile division, senior in point of
service,
shall be the administrator of the juvenile division and
its
subdivisions and departments and shall have charge of the
employment, assignment, and supervision of the personnel of the
juvenile division, including any necessary referees, who are
engaged in handling, servicing, or investigating juvenile cases.
The judge, senior in point of service, also shall designate the
title, compensation, expense allowances, hours, leaves of
absence,
and vacation of the personnel of the division and shall
fix their
duties. The duties of the personnel, in addition to
other
statutory duties, shall include the handling, servicing,
and
investigation of juvenile cases and of any counseling and
conciliation services that are available upon request to persons,
whether or not they are parties to an action pending in the
division.
If one of the judges of the court of common pleas, division
of domestic relations, or one of the judges of the court of
common
pleas, juvenile division, is sick, absent, or unable to
perform
that judge's duties or the volume of cases pending
in
that judge's
division necessitates it, the duties of that
judge may be
performed by the
judge or judges of the other of those divisions.
(1) The judge of the court of common
pleas whose term begins
on January 1, 1957, and successors, shall
have the same
qualifications, exercise the same powers and
jurisdiction, and
receive the same compensation as the other
judges of the court of
common pleas of Richland county and shall
be elected and
designated as judge of the court of common pleas,
division of
domestic relations. That judge shall be assigned and hear all
divorce,
dissolution of
marriage, legal separation, and annulment
cases, all domestic violence cases arising under section 3113.31
of the Revised Code, and all post-decree proceedings arising from
any case pertaining to any of those matters. The division of
domestic relations has concurrent jurisdiction with the juvenile
division of the court of common pleas of Richland county to
determine the care, custody, or control of any child not a ward of
another court of this state, and to hear and determine a request
for an order for the support of any child if the request is not
ancillary to an action for divorce, dissolution of marriage,
annulment, or legal separation, a criminal or civil action
involving an allegation of domestic violence, or an action for
support brought under Chapter 3115. of the Revised Code. Except in
cases that are subject to the exclusive original jurisdiction of
the juvenile court, the judge of the division of domestic
relations shall be assigned and hear all cases pertaining to
paternity or parentage, the care, custody, or control of children,
parenting time or visitation, child support, or the allocation of
parental rights and responsibilities for the care of children, all
proceedings arising under Chapter 3111. of the Revised Code, all
proceedings arising under the uniform interstate family support
act contained in Chapter 3115. of the Revised Code, and all
post-decree proceedings arising from any case pertaining to any of
those matters.
In addition to the judge's regular duties, the judge of the
court of common pleas, division of domestic relations, shall be
the administrator of the domestic relations division and its
subdivisions and departments. The judge shall have charge of the
employment, assignment, and supervision of the personnel of the
domestic relations division, including any magistrates the judge
considers necessary for the discharge of the judge's duties. The
judge shall also designate the title, compensation, expense
allowances, hours, leaves of absence, vacation, and other
employment-related matters of the personnel of the division and
shall fix their duties.
(2) The judge of the court of common pleas whose term begins
on January 3, 2005, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Richland county, shall be elected and designated
as judge of the court of common pleas, juvenile division, and
shall be, and have the powers and jurisdiction of, the juvenile
judge as provided in Chapters 2151. and 2152. of the Revised Code.
Except in cases that are subject to the exclusive original
jurisdiction of the juvenile court, the judge of the juvenile
division shall not have jurisdiction or the power to hear, and
shall not be assigned, any case pertaining to paternity or
parentage, the care, custody, or control of children, parenting
time or visitation, child support, or the allocation of parental
rights and responsibilities for the care of children or any
post-decree proceeding arising from any case pertaining to any of
those matters. The judge of the juvenile division shall not have
jurisdiction or the power to hear, and shall not be assigned, any
proceeding under the uniform interstate family support act
contained in Chapter 3115. of the Revised Code.
In addition to the judge's regular duties, the judge of the
juvenile division shall be the administrator of the juvenile
division and its subdivisions and departments. The judge shall
have charge of the employment, assignment, and supervision of the
personnel of the juvenile division who are engaged in handling,
servicing, or investigating juvenile cases, including any
magistrates whom the judge considers necessary for the discharge
of the judge's various duties.
The judge of the juvenile division also shall designate the
title, compensation, expense allowances, hours, leaves of absence,
and vacation of the personnel of the division and shall fix their
duties. The duties of the personnel, in addition to other
statutory duties, include the handling, servicing, and
investigation of juvenile cases and providing any counseling,
conciliation, and mediation services that the court makes
available to persons, whether or not the persons are parties to an
action pending in the court, who request the services.
(H) In Stark county, the judges of the court of common
pleas
whose terms begin on January 1, 1953, January 2, 1959, and
January
1, 1993, and successors, shall have the same
qualifications,
exercise the same powers and jurisdiction, and
receive the same
compensation as other judges of the court of
common pleas of Stark
county and shall be elected and designated
as judges of the court
of common pleas, division of domestic
relations. They shall have
all the powers relating to juvenile
courts, and all cases under
Chapters 2151.
and 2152. of the Revised Code,
all parentage
proceedings over which the juvenile court has
jurisdiction, and
all divorce, dissolution of marriage, legal
separation, and
annulment cases, except cases that are assigned
to some other
judge of the court of common pleas for some special
reason, shall
be assigned to the judges.
The judge of the division of domestic relations, second
most
senior in point of service, shall have charge of the
employment
and supervision of the personnel of the division
engaged in
handling, servicing, or investigating divorce,
dissolution of
marriage, legal separation, and annulment cases,
and necessary
referees required for the judge's respective
court.
The judge of the division of domestic relations, senior in
point of service, shall be charged exclusively with the
administration of sections 2151.13, 2151.16, 2151.17, and
2152.71
of the Revised Code and with the assignment and division of the
work of the division and the employment and supervision of all
other personnel of the division, including, but not limited to,
that judge's necessary referees, but excepting those
employees who
may be
appointed by the judge second most senior in point of
service. The senior
judge further shall serve in every
other
position in which the statutes permit or require a
juvenile judge
to serve.
(1) The judges of the court of common pleas whose terms
begin
on January 4, 1967, and January 6, 1993, and successors,
shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Summit county and shall be
elected
and designated as judges of the court of common pleas,
division of
domestic relations. The judges of the division of
domestic
relations shall have assigned to them and hear all
divorce,
dissolution of marriage, legal separation, and annulment
cases
that come before the court.
Except in cases that are subject to
the exclusive original
jurisdiction of the juvenile court, the
judges of the division of
domestic relations shall have assigned
to them and hear all cases
pertaining to paternity, custody,
visitation, child support, or
the allocation of parental rights
and responsibilities for the
care of children and all post-decree
proceedings arising from any
case pertaining to any of those
matters. The judges of the division of
domestic relations shall
have assigned to them and hear all
proceedings under the uniform
interstate family support act
contained in Chapter 3115. of the
Revised Code.
The judge of the division of domestic relations, senior in
point of service, shall be the administrator of the domestic
relations division and its subdivisions and departments and shall
have charge of the employment, assignment, and supervision of the
personnel of the division, including any necessary referees, who
are engaged in handling, servicing, or investigating divorce,
dissolution of marriage, legal separation, and annulment cases.
That judge also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, shall
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases
and
of any counseling and conciliation services that are
available
upon request to all persons, whether or not they are
parties to an
action pending in the division.
(2) The judge of the court of common pleas whose term
begins
on January 1, 1955, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Summit county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be, and have the powers and jurisdiction of, the juvenile judge
as
provided in Chapters 2151. and
2152. of the Revised Code.
Except
in cases that are subject to the exclusive original
jurisdiction
of the juvenile court, the judge of the juvenile division
shall
not have jurisdiction or the power to hear, and shall not be
assigned, any case pertaining to paternity, custody, visitation,
child
support, or the allocation of parental rights and
responsibilities
for the care of children or any post-decree
proceeding arising
from any case pertaining to any of those
matters. The judge of the juvenile
division shall not have
jurisdiction or the power to hear, and
shall not be assigned, any
proceeding under the uniform interstate
family support act
contained in Chapter 3115. of the Revised Code.
The juvenile judge shall be the administrator of the
juvenile
division and its subdivisions and departments and shall
have
charge of the employment, assignment, and supervision of the
personnel of the juvenile division, including any necessary
referees, who are engaged in handling, servicing, or
investigating
juvenile cases. The judge also shall designate the
title,
compensation, expense allowances, hours, leaves of
absence, and
vacation of the personnel of the division and shall
fix their
duties. The duties of the personnel, in addition to
other
statutory duties, shall include the handling, servicing,
and
investigation of juvenile cases and of any counseling and
conciliation services that are available upon request to persons,
whether or not they are parties to an action pending in the
division.
(J) In Trumbull county, the judges of the court of common
pleas whose terms begin on January 1, 1953, and January 2, 1977,
and successors, shall have the same qualifications, exercise the
same powers and jurisdiction, and receive the same compensation
as
other judges of the court of common pleas of Trumbull county
and
shall be elected and designated as judges of the court of
common
pleas, division of domestic relations. They shall have
all the
powers relating to juvenile courts, and all cases under
Chapters
2151. and 2152. of the
Revised Code, all parentage proceedings
over
which the juvenile court has jurisdiction, and all divorce,
dissolution of marriage, legal separation, and annulment cases
shall be assigned to them, except cases that for some special
reason are assigned to some other judge of the court of common
pleas.
(1) The judges of the court of common pleas whose terms
begin
on January 1, 1957, and January 4, 1993, and successors,
shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Butler county and shall be
elected
and designated as judges of the court of common pleas,
division of
domestic relations. The judges of the division of
domestic
relations shall have assigned to them all divorce,
dissolution of
marriage, legal separation, and annulment cases
coming before the
court, except in cases that for some special
reason are assigned
to some other judge of the court of common
pleas. The judge
senior
in point of service shall be charged
with the assignment
and
division of the work of the division and
with the employment
and
supervision of all other personnel of the
domestic relations
division.
The judge senior in point of service also shall designate
the
title, compensation, expense allowances, hours, leaves of
absence,
and vacations of the personnel of the division and shall
fix their
duties. The duties of the personnel, in addition to
other
statutory duties, shall include the handling, servicing,
and
investigation of divorce, dissolution of marriage, legal
separation, and annulment cases and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(2) The
judges of the court of common pleas whose
terms
begin
on January 3, 1987,
and January 2, 2003, and
successors,
shall
have the same
qualifications, exercise the same
powers and
jurisdiction, and
receive the same compensation as
other judges of
the court of
common pleas of Butler county, shall
be elected and
designated as
judges of the court of common
pleas, juvenile
division, and shall
be the juvenile
judges
as provided in
Chapters
2151. and 2152. of
the Revised
Code, with
the powers and
jurisdictions conferred by
those chapters. The
judge of the court
of common pleas,
juvenile
division,
who is
senior in point of
service, shall be the administrator of the
juvenile division and
its subdivisions and departments. The
judge, senior in point of
service, shall have charge of
the
employment, assignment, and
supervision of the personnel of
the
juvenile division who are
engaged in handling, servicing, or
investigating juvenile cases,
including any referees whom the
judge considers necessary for the
discharge of the judge's
various
duties.
The judge, senior in point of service, also shall designate
the title, compensation,
expense allowances, hours, leaves of
absence, and vacation of the
personnel of the division and shall
fix their duties. The duties
of the personnel, in addition to
other statutory duties, include
the handling, servicing, and
investigation of juvenile cases and
providing any counseling and
conciliation services that the
division makes available to
persons, whether or not the persons
are parties to an action
pending in the division, who request the
services.
(3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties or the volume
of
cases
pending in
the judge's division necessitates it, the duties
of that judge
shall be performed by the other judges of the
domestic relations
and juvenile divisions.
(L)(1) In Cuyahoga county, the judges of the court of
common
pleas whose terms begin on January 8, 1961, January 9,
1961,
January 18, 1975, January 19, 1975, and January 13, 1987,
and
successors, shall have the same qualifications, exercise the
same
powers and jurisdiction, and receive the same compensation
as
other judges of the court of common pleas of Cuyahoga county
and
shall be elected and designated as judges of the court of
common
pleas, division of domestic relations. They shall have
all the
powers relating to all divorce, dissolution of marriage,
legal
separation, and annulment cases, except in cases that are
assigned
to some other judge of the court of common pleas for
some special
reason.
(2) The administrative judge is administrator of the
domestic
relations division and its subdivisions and departments
and has
the following powers concerning division personnel:
(a) Full charge of the employment, assignment, and
supervision;
(b) Sole determination of compensation, duties, expenses,
allowances, hours, leaves, and vacations.
(3)
"Division personnel" include persons employed or
referees
engaged in hearing, servicing, investigating,
counseling,
or
conciliating divorce, dissolution of marriage,
legal separation
and annulment matters.
(1) The judge of the court of common pleas whose term
begins
on January 2, 1961, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Lake county and shall be elected and designated
as
judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all
the divorce,
dissolution of marriage, legal separation, and annulment cases
coming before the court, except in cases that for some special
reason are assigned to some other judge of the court of common
pleas. The judge shall be charged with the assignment and
division
of the work of the division and with the employment and
supervision of all other personnel of the domestic relations
division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services.
(2) The judge of the court of common pleas whose term
begins
on January 4, 1979, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Lake county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be the juvenile judge as provided in Chapters
2151. and 2152. of
the Revised
Code, with the powers and jurisdictions conferred by
those chapters. The judge of the court of common pleas,
juvenile
division, shall be the administrator of the juvenile division and
its subdivisions and departments. The judge shall have charge of
the employment, assignment, and supervision of the personnel of
the juvenile division who are engaged in handling, servicing, or
investigating juvenile cases, including any referees whom the
judge considers necessary for the discharge of the judge's
various
duties.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, include
the handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons
are parties to an action pending in the division, who request the
services.
(3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties or the volume
of
cases
pending in
the judge's division necessitates it, the duties
of that judge
shall be performed by the other judges of the
domestic relations
and juvenile divisions.
(1) The judge of the court of common pleas
whose term begins
on January 2, 1971, and the successors to that judge whose terms
begin before January 2, 2007, shall have
the same qualifications,
exercise the same powers and
jurisdiction, and receive the same
compensation as the other
judge
of the court of common pleas of
Erie county and shall be
elected
and designated as judge of the
court of common pleas,
division of
domestic relations. The judge
shall have all the
powers relating
to juvenile courts, and shall
be assigned all cases
under
Chapters
2151. and 2152. of the
Revised Code, parentage
proceedings over
which the
juvenile
court
has jurisdiction, and
divorce,
dissolution of marriage,
legal
separation, and annulment
cases,
except cases that for some
special
reason are assigned to
some
other judge.
On or after January 2, 2007, the judge of the court of common
pleas who is elected in 2006 shall be the successor to the judge
of the domestic relations division whose term expires on January
1, 2007, shall be designated as judge of the court of common
pleas, juvenile division, and shall be the juvenile judge as
provided in Chapters 2151. and 2152. of the Revised Code with the
powers and jurisdictions conferred by those chapters.
(2) The judge of the court of common pleas, general division,
whose term begins on January 1, 2005, and successors, the judge of
the court of common pleas, general division whose term begins on
January 2, 2005, and successors, and the judge of the court of
common pleas, general division, whose term begins February 9,
2009, and successors, shall have assigned to them, in addition to
all matters that are within the jurisdiction of the general
division of the court of common pleas, all divorce, dissolution of
marriage, legal separation, and annulment cases coming before the
court, and all matters that are within the jurisdiction of the
probate court under Chapter 2101., and other provisions, of the
Revised Code.
(1) The judge of the court of common pleas whose term
begins
on January 1, 1961, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Greene county and shall be elected and designated
as the judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all
divorce, dissolution
of
marriage, legal separation, annulment, uniform
reciprocal
support
enforcement, and domestic violence cases and
all other
cases
related to domestic relations, except cases that
for some
special
reason are assigned to some other judge of the
court of
common
pleas.
The judge shall be charged with the assignment and division
of the work of the division and with the employment and
supervision of all other personnel of the
division. The judge
also
shall designate the title,
compensation,
hours, leaves of
absence,
and vacations of the personnel of the
division and shall
fix their
duties. The duties of the personnel
of the division, in
addition
to other statutory duties, shall
include the handling,
servicing,
and investigation of divorce,
dissolution of marriage,
legal
separation, and annulment cases
and the provision of
counseling
and conciliation services that
the division considers
necessary
and makes available to persons
who request the services,
whether
or not the persons are parties
in an action pending in the
division. The compensation for the
personnel shall be paid from
the overall court budget and shall
be included in the
appropriations for the existing judges of the
general division of
the court of common pleas.
(2) The judge of the court of common pleas whose term
begins
on January 1, 1995, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Greene county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and, on or
after January 1, 1995, shall be the juvenile judge as provided in
Chapters 2151. and 2152. of the
Revised Code with the powers and
jurisdiction conferred by those chapters. The
judge of the court
of common pleas, juvenile division, shall be the administrator of
the juvenile division and its subdivisions and departments. The
judge shall have charge of the employment, assignment, and
supervision of the personnel of the juvenile division who are
engaged in handling, servicing, or investigating juvenile cases,
including any referees whom the judge considers necessary for the
discharge of the judge's various duties.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, include
the handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the court
makes available to persons, whether or not the persons are
parties
to an action pending in the court, who request the
services.
(3) If one of the judges of the court of common pleas,
general division, is sick, absent, or unable to perform that
judge's judicial duties or the volume of cases pending in the
general
division
necessitates it, the duties of that judge of the
general division
shall be performed by the judge of the division
of domestic
relations and the judge of the juvenile division.
(P) In Portage county, the judge of the court of common
pleas, whose term begins January 2, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Portage county and shall
be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases coming before the court, except in cases that
for some
special reason are assigned to some other judge of the
court of
common pleas. The judge shall be charged with the
assignment and
division of the work of the division and with the
employment and
supervision of all other personnel of the domestic
relations
division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services.
(Q) In Clermont county, the judge of the court of common
pleas, whose term begins January 2, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Clermont county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases coming before the court, except in cases that
for some
special reason are assigned to some other judge of the
court of
common pleas. The judge shall be charged with the
assignment and
division of the work of the division and with the
employment and
supervision of all other personnel of the domestic
relations
division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services.
(R) In Warren county, the judge of the court of common
pleas,
whose term begins January 1, 1987, and successors, shall
have the
same qualifications, exercise the same powers and
jurisdiction,
and receive the same compensation as the other
judges of the court
of common pleas of Warren county and shall be
elected and
designated as judge of the court of common pleas,
division of
domestic relations. The judge shall be
assigned all
divorce,
dissolution of marriage, legal
separation,
and annulment
cases
coming before the court, except in cases that
for some
special
reason are assigned to some other judge of the
court of
common
pleas. The judge shall be charged with the
assignment and
division
of the work of the division and with the
employment and
supervision of all other personnel of the domestic
relations
division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services.
(S) In Licking county, the judges of the court of common
pleas, whose terms begin on January 1, 1991, and January 1, 2005,
and successors, shall
have the same qualifications, exercise the
same powers and
jurisdiction, and receive the same compensation as
the other
judges of the court of common pleas of Licking county
and shall
be
elected and designated as judges of the court of
common pleas,
division of domestic relations. The judges shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases, all cases arising under Chapter 3111. of the
Revised Code,
all proceedings involving child support, the
allocation of
parental rights and responsibilities for the care
of
children and
the designation for the children of a place of
residence and legal
custodian, parenting time, and visitation, and
all
post-decree
proceedings and matters arising from those cases
and
proceedings,
except in cases that for some special reason are
assigned to
another judge of the court of common pleas. The
administrative
judge of the division of domestic relations shall
be
charged with the assignment and division of the
work of the
division and with the employment and supervision of
the personnel
of the division.
The administrative judge of the division of domestic
relations shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include
the
handling, servicing, and investigation of divorce,
dissolution of
marriage, legal separation, and annulment cases,
cases arising
under Chapter 3111. of the Revised Code, and
proceedings involving
child support, the allocation of parental
rights and
responsibilities for the care of children and the
designation for
the children of a place of residence and legal
custodian,
parenting time, and visitation and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(T) In Allen county, the judge of the court of common
pleas,
whose term begins January 1, 1993, and successors, shall
have the
same qualifications, exercise the same powers and
jurisdiction,
and receive the same compensation as the other
judges of the court
of common pleas of Allen county and shall be
elected and
designated as judge of the court of common pleas,
division of
domestic relations. The judge shall be
assigned all divorce,
dissolution of marriage, legal
separation,
and annulment cases,
all cases arising under Chapter 3111. of the
Revised Code, all
proceedings involving child support, the
allocation of parental
rights and responsibilities for the care
of children and the
designation for the children of a place of
residence and legal
custodian, parenting time, and visitation, and all
post-decree
proceedings and matters arising from those cases and
proceedings,
except in cases that for some special reason are
assigned to
another judge of the court of common pleas. The
judge shall be
charged with the assignment and division of the
work of the
division and with the employment and supervision of
the personnel
of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include
the
handling, servicing, and investigation of divorce,
dissolution of
marriage, legal separation, and annulment cases,
cases arising
under Chapter 3111. of the Revised Code, and
proceedings involving
child support, the allocation of parental
rights and
responsibilities for the care of children and the
designation for
the children of a place of residence and legal
custodian,
parenting time, and visitation, and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(U) In Medina county, the judge of the court of common
pleas
whose term begins January 1, 1995, and successors, shall
have the
same qualifications, exercise the same powers and
jurisdiction,
and receive the same compensation as other judges
of the court of
common pleas of Medina county and shall be
elected and designated
as judge of the court of common pleas,
division of domestic
relations. The judge shall be
assigned all divorce, dissolution
of
marriage, legal
separation,
and annulment cases, all cases
arising
under Chapter 3111. of the
Revised Code, all proceedings
involving
child support, the
allocation of parental rights and
responsibilities for the care
of children and the designation for
the children of a place of
residence and legal custodian,
parenting time, and visitation, and all
post-decree proceedings
and matters arising from those cases and
proceedings, except in
cases that for some special reason are
assigned to another judge
of the court of common pleas. The
judge shall be charged with the
assignment and division of the
work of the division and with the
employment and supervision of
the personnel of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases, cases arising under
Chapter
3111. of the Revised Code, and proceedings involving
child
support, the allocation of parental rights and
responsibilities
for the care of children and the designation for
the children of a
place of residence and legal custodian, parenting time, and
visitation, and providing counseling and conciliation services
that the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services.
(V) In Fairfield county, the judge of the court of common
pleas whose term begins January 2, 1995, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Fairfield county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases, all cases arising under Chapter 3111. of the
Revised Code,
all proceedings involving child support, the
allocation of
parental rights and responsibilities for the care
of children and
the designation for the children of a place of
residence and legal
custodian, parenting time, and visitation, and all
post-decree
proceedings and matters arising from those cases and
proceedings,
except in cases that for some special reason are
assigned to
another judge of the court of common pleas. The judge also has
concurrent jurisdiction with the probate-juvenile division of the
court of
common pleas of Fairfield county with respect to and may
hear cases
to determine the custody of a child, as defined in
section 2151.011 of the Revised Code, who
is not the ward of
another court of this state, cases that are commenced by a
parent,
guardian, or custodian of a child, as defined in section 2151.011
of the Revised Code, to obtain an order requiring a parent of the
child to pay child support
for that child when the request for
that order is not ancillary to an action
for divorce, dissolution
of marriage, annulment, or legal separation, a
criminal or civil
action involving an allegation of domestic violence, an
action for
support under Chapter 3115. of the Revised Code, or an action that
is
within the exclusive original jurisdiction of the
probate-juvenile division of
the court of common pleas of
Fairfield county and that involves an
allegation that the child is
an abused, neglected, or dependent child, and
post-decree
proceedings and matters arising from those types of cases.
The judge of the domestic relations division shall be charged
with the
assignment and division of the
work of the division and
with the employment and supervision of
the personnel of the
division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include
the
handling, servicing, and investigation of divorce,
dissolution of
marriage, legal separation, and annulment cases,
cases arising
under Chapter 3111. of the Revised Code, and
proceedings involving
child support, the allocation of parental
rights and
responsibilities for the care of children and the
designation for
the children of a place of residence and legal
custodian,
parenting time, and visitation, and providing any counseling and
conciliation services that the division makes available to
persons, regardless of whether the persons are parties to an
action pending in the division, who request the services.
When
the
judge hears a case to determine the custody of a child, as
defined
in section 2151.011 of the Revised Code, who is not the
ward of
another court
of this state or a case that is commenced by
a
parent, guardian, or custodian
of a child, as defined in section
2151.011 of the Revised Code, to obtain an
order requiring a
parent of the child to pay child support for that child when
the
request for that order is not ancillary to an action for divorce,
dissolution of marriage, annulment, or legal separation, a
criminal or civil
action involving an allegation of domestic
violence, an action for support
under Chapter 3115. of the Revised
Code, or an action that is within the
exclusive original
jurisdiction of the probate-juvenile division of the court
of
common pleas of Fairfield county and that
involves an allegation
that the
child is an abused, neglected, or dependent child, the
duties of the personnel
of the domestic relations division also
include the handling, servicing, and
investigation of those types
of cases.
(W)(1) In Clark county, the judge of the court of common
pleas whose term begins on January 2, 1995, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Clark county and shall be elected
and
designated as judge of the court of common pleas, domestic
relations division. The judge shall have all the powers
relating
to juvenile courts, and all cases under
Chapters 2151. and 2152.
of the Revised
Code and all parentage proceedings under Chapter
3111. of the
Revised Code over which the juvenile court has
jurisdiction shall
be assigned to the judge of the division of
domestic relations. All divorce,
dissolution of marriage, legal
separation,
annulment, uniform reciprocal support enforcement, and
other
cases related to domestic relations shall be assigned to the
domestic relations division, and the presiding judge of the court
of common pleas shall assign the cases to the judge of the
domestic relations division and the judges of the general
division.
(2) In addition to the judge's regular duties, the judge of
the
division of domestic relations shall serve on the children
services board and the county advisory board.
(3) If the judge of the court of common pleas of Clark
county, division of domestic relations, is sick, absent, or
unable
to perform that judge's judicial duties or if the
presiding
judge
of the
court of common pleas of Clark county determines that the
volume
of cases pending in the division of domestic relations
necessitates it, the duties of the judge of the division of
domestic relations shall be performed by the judges of the
general
division or probate division of the court of common pleas
of Clark
county, as assigned for that purpose by the presiding
judge of
that court, and the judges so assigned shall act in
conjunction
with the judge of the division of domestic relations
of that
court.
(X) In Scioto county, the judge of the court of common
pleas
whose term begins January 2, 1995, and
successors, shall
have the
same qualifications, exercise the same powers and
jurisdiction,
and receive the same compensation as other judges
of the court of
common pleas of Scioto county and shall be
elected and designated
as judge of the court of common pleas,
division of domestic
relations. The judge shall be
assigned all divorce, dissolution
of
marriage, legal
separation,
and annulment cases, all cases
arising
under Chapter 3111. of the
Revised Code, all proceedings
involving
child support, the
allocation of parental rights and
responsibilities for the care
of children and the designation for
the children of a place of
residence and legal custodian,
parenting time, visitation, and all post-decree
proceedings and
matters arising from those cases and proceedings,
except in cases
that for some special reason are assigned to
another judge of the
court of common pleas. The judge shall be
charged with the
assignment and division of the work of the
division and with the
employment and supervision of the personnel
of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases, cases arising under
Chapter
3111. of the Revised Code, and proceedings involving
child
support, the allocation of parental rights and
responsibilities
for the care of children and the designation for
the children of a
place of residence and legal custodian, parenting time, and
visitation, and providing counseling and conciliation services
that the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services.
(Y) In Auglaize county, the judge of the probate and
juvenile
divisions of the Auglaize county court of common pleas
also shall
be the administrative judge of the domestic relations
division of
the court and shall be assigned
all divorce,
dissolution of
marriage, legal separation, and annulment cases
coming before the
court. The judge shall have all powers as
administrator of the
domestic relations division and shall have
charge of the personnel
engaged in handling, servicing, or
investigating divorce,
dissolution of marriage, legal separation,
and annulment cases,
including any referees considered necessary
for the discharge of
the judge's various duties.
(Z)(1) In Marion county, the judge of the court of
common
pleas whose term begins on February 9,
1999, and the successors to
that judge, shall have the same qualifications,
exercise the same
powers and jurisdiction, and receive the same compensation
as the
other judges of the court of common pleas of
Marion county and
shall be elected and
designated as judge of the court of common
pleas, domestic
relations-juvenile-probate division. Except as
otherwise specified in this
division, that judge, and the
successors to that judge, shall have all the
powers relating to
juvenile courts, and all cases under
Chapters 2151. and 2152. of
the
Revised Code,
all cases arising under Chapter 3111. of the
Revised Code,
all divorce, dissolution of marriage, legal
separation, and annulment cases,
all proceedings involving child
support, the allocation of parental rights and
responsibilities
for the care of children and the designation for the children
of a
place of residence and legal custodian, parenting time, and
visitation, and all
post-decree proceedings and matters arising
from those cases and
proceedings
shall be assigned to that judge
and the successors to
that judge. Except as
provided in division
(Z)(2) of this section
and notwithstanding any other provision of
any section of the
Revised Code, on and after February 9, 2003,
the judge of
the
court of common pleas of Marion county
whose term
begins on
February 9, 1999, and the
successors to that judge,
shall have all
the powers relating to the probate
division of the
court of common
pleas of
Marion county in addition to the powers
previously
specified in this division, and shall exercise
concurrent
jurisdiction with the judge of the probate division of
that court
over all
matters that are within the jurisdiction of
the probate
division of that court
under Chapter 2101., and other
provisions,
of
the Revised Code in addition to the jurisdiction of
the
domestic relations-juvenile-probate division of that court
otherwise specified
in division (Z)(1) of this section.
(2) The judge of the domestic relations-juvenile-probate
division of the
court of common pleas of Marion county or the
judge of the probate division of the court of common pleas of
Marion county, whichever of those judges is
senior in total length
of service on the court of common pleas of
Marion county,
regardless of the division or
divisions of service, shall serve as
the clerk of the probate division of the
court of common pleas of
Marion county.
(3) On and after February 9, 2003, all
references in law to
"the probate court,"
"the probate judge,"
"the juvenile
court," or
"the judge of the juvenile court" shall be construed, with respect
to Marion county, as being references to both
"the probate
division" and
"the domestic relations-juvenile-probate division"
and as being references to both
"the judge of the probate
division" and
"the
judge of the domestic relations-
juvenile-probate division." On and after
February 9, 2003, all
references in law to
"the clerk of the probate court" shall be
construed, with respect to
Marion county, as being references to
the judge who is serving pursuant to
division (Z)(2) of this
section as the clerk of the probate division of the
court of
common pleas of Marion county.
(AA)
In Muskingum county, the judge of the court of common
pleas whose term begins on January 2, 2003, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Muskingum county and shall
be elected and designated as the judge of the court of common
pleas, division of domestic relations. The judge shall
be
assigned
all
divorce, dissolution of marriage, legal
separation, and
annulment cases, all cases arising under Chapter 3111. of the
Revised Code, all proceedings involving child
support, the
allocation
of parental rights and
responsibilities
for the care of
children
and the designation for
the children of a
place of
residence
and
legal custodian, parenting time, and visitation,
and
all
post-decree
proceedings and matters
arising from
those
cases
and proceedings, except in cases that for some special reason are
assigned to another judge of the court of common pleas. The judge
shall be charged with the assignment and division of the work of
the division and with the employment and supervision of the
personnel of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include the
handling, servicing, and investigation of divorce, dissolution of
marriage, legal separation, and annulment cases, cases arising
under Chapter 3111. of the Revised Code, and proceedings involving
child support, the allocation of parental rights and
responsibilities for the care of children and the designation for
the children of a place of residence and legal custodian,
parenting time, and visitation and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(BB) In Henry county, the judge of the court of common pleas
whose term begins on January 1, 2005, and successors, shall have
the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other judge
of the court of common pleas of Henry county and shall be elected
and designated as the judge of the court of common pleas, division
of domestic relations. The judge shall have all of the powers
relating to juvenile courts, and all cases under Chapter 2151. or
2152. of the Revised Code, all parentage proceedings arising under
Chapter 3111. of the Revised Code over which the juvenile court
has jurisdiction, all divorce, dissolution of marriage, legal
separation, and annulment cases, all proceedings involving child
support, the allocation of parental rights and responsibilities
for the care of children and the designation for the children of a
place of residence and legal custodian, parenting time, and
visitation, and all post-decree proceedings and matters arising
from those cases and proceedings shall be assigned to that judge,
except in cases that for some special reason are assigned to the
other judge of the court of common pleas.
(CC)(1) In Logan county, the judge of the court of common
pleas whose term begins January 2, 2005, and the successors to
that judge, shall have the same qualifications, exercise the same
powers and jurisdiction, and receive the same compensation as the
other judges of the court of common pleas of Logan county and
shall be elected and designated as judge of the court of common
pleas, domestic relations-juvenile-probate division. Except as
otherwise specified in this division, that judge, and the
successors to that judge, shall have all the powers relating to
juvenile courts, and all cases under Chapters 2151. and 2152. of
the Revised Code, all cases arising under Chapter 3111. of the
Revised Code, all divorce, dissolution of marriage, legal
separation, and annulment cases, all proceedings involving child
support, the allocation of parental rights and responsibilities
for the care of children and designation for the children of a
place of residence and legal custodian, parenting time, and
visitation, and all post-decree proceedings and matters arising
from those cases and proceedings shall be assigned to that judge
and the successors to that judge. Notwithstanding any other
provision of any section of the Revised Code, on and after January
2, 2005, the judge of the court of common pleas of Logan county
whose term begins on January 2, 2005, and the successors to that
judge, shall have all the powers relating to the probate division
of the court of common pleas of Logan county in addition to the
powers previously specified in this division and shall exercise
concurrent jurisdiction with the judge of the probate division of
that court over all matters that are within the jurisdiction of
the probate division of that court under Chapter 2101., and other
provisions, of the Revised Code in addition to the jurisdiction of
the domestic relations-juvenile-probate division of that court
otherwise specified in division (CC)(1) of this section.
(2) The judge of the domestic relations-juvenile-probate
division of the court of common pleas of Logan county or the
probate judge of the court of common pleas of Logan county who is
elected as the administrative judge of the probate division of the
court of common pleas of Logan county pursuant to Rule 4 of the
Rules of Superintendence shall be the clerk of the probate
division and juvenile division of the court of common pleas of
Logan county. The clerk of the court of common pleas who is
elected pursuant to section 2303.01 of the Revised Code shall keep
all of the journals, records, books, papers, and files pertaining
to the domestic relations cases.
(3) On and after January 2, 2005, all references in law to
"the probate court," "the probate judge," "the juvenile court," or
"the judge of the juvenile court" shall be construed, with respect
to Logan county, as being references to both "the probate
division" and the "domestic relations-juvenile-probate division"
and as being references to both "the judge of the probate
division" and the "judge of the domestic
relations-juvenile-probate division." On and after January 2,
2005, all references in law to "the clerk of the probate court"
shall be construed, with respect to Logan county, as being
references to the judge who is serving pursuant to division
(CC)(2) of this section as the clerk of the probate division of
the court of common pleas of Logan county.
(DD)(1) In Champaign county, the judge of the court of common
pleas whose term begins February 9, 2003, and the judge of the
court of common pleas whose term begins February 10, 2009, and the
successors to those judges, shall have the same qualifications,
exercise the same powers and jurisdiction, and receive the same
compensation as the other judges of the court of common pleas of
Champaign county and shall be elected and designated as judges of
the court of common pleas, domestic relations-juvenile-probate
division. Except as otherwise specified in this division, those
judges, and the successors to those judges, shall have all the
powers relating to juvenile courts, and all cases under Chapters
2151. and 2152. of the Revised Code, all cases arising under
Chapter 3111. of the Revised Code, all divorce, dissolution of
marriage, legal separation, and annulment cases, all proceedings
involving child support, the allocation of parental rights and
responsibilities for the care of children and the designation for
the children of a place of residence and legal custodian,
parenting time, and visitation, and all post-decree proceedings
and matters arising from those cases and proceedings shall be
assigned to those judges and the successors to those judges.
Notwithstanding any other provision of any section of the Revised
Code, on and after February 9, 2009, the judges designated by this
division as judges of the court of common pleas of Champaign
county, domestic relations-juvenile-probate division, and the
successors to those judges, shall have all the powers relating to
probate courts in addition to the powers previously specified in
this division and shall exercise jurisdiction over all matters
that are within the jurisdiction of probate courts under Chapter
2101., and other provisions, of the Revised Code in addition to
the jurisdiction of the domestic relations-juvenile-probate
division otherwise specified in division (DD)(1) of this section.
(2) On and after February 9, 2009, all references in law to
"the probate court," "the probate judge," "the juvenile court," or
"the judge of the juvenile court" shall be construed with respect
to Champaign county as being references to the "domestic
relations-juvenile-probate division" and as being references to
the "judge of the domestic relations-juvenile-probate division."
On and after February 9, 2009, all references in law to "the clerk
of the probate court" shall be construed with respect to Champaign
county as being references to the judge who is serving pursuant to
Rule 4 of the Rules of Superintendence for the Courts of Ohio as
the administrative judge of the court of common pleas, domestic
relations-juvenile-probate division.
(EE) If a judge of the court of common pleas, division of
domestic relations, or juvenile judge, of any of the counties
mentioned in this section is sick, absent, or unable to perform
that judge's judicial duties or the volume of cases pending
in the
judge's division necessitates it, the
duties of that judge shall
be performed by another judge
of the court of common pleas of that
county, assigned for that
purpose by the presiding judge of the
court of common pleas of that county to act in place of or in
conjunction
with that judge, as the case may require.
Section 2. That existing sections 2151.07, 2301.02, and
2301.03 of the Revised Code are hereby repealed.
Section 3. That Section 6 of Sub. H.B. 336 of the 126th
General Assembly be amended to read as follows:
Sec. 6. (A) There is hereby created the Joint Committee to
Study Court Costs and Filing Fees consisting of the following
seventeen members:
(1) Three members of the House of Representatives appointed
by the Speaker of the House of Representatives, two of the members
representing the House Majority Caucus and one member representing
the House Minority Caucus;
(2) Three members of the Senate appointed by the President of
the Senate, two members representing the Senate Majority Caucus
and one member representing the Senate Minority Caucus;
(3) One judge of a court of common pleas and one municipal
court judge each appointed by the Chief Justice of the Ohio
Supreme Court;
(4) Two clerks of court appointed by the Chief Justice of the
Ohio Supreme Court;
(5) Two court administrators appointed by the Chief Justice
of the Ohio Supreme Court;
(6) The Administrative Director of the Ohio Supreme Court;
(7) One member of a state or county bar association appointed
by the Chief Justice of the Ohio Supreme Court;
(8) One county commissioner and one member of the Ohio
Municipal League each jointly appointed by the Speaker of the
House of Representatives and the President of the Senate;
(9) One individual to represent the public jointly appointed
by the Speaker of the House of Representatives and the President
of the Senate.
(B)(1) The appointments to the Committee shall be made not
later than ninety days after the effective date of this act.
Vacancies on the Committee shall be filled in the manner provided
for the original appointments.
(2) Two members of the Committee shall be designated to serve
as co-chairpersons. The Speaker of the House of Representatives
and the President of the Senate shall jointly designate one
co-chairperson. The Chief Justice of the Ohio Supreme Court shall
designate one co-chairperson.
(3) The Committee shall meet as often as necessary to carry
out the Committee's official duties. The members of the Committee
shall serve without compensation. The staff of the Legislative
Service Commission and the employees of the Ohio Supreme Court
shall provide staff support for the Committee.
(C) The Committee shall study the determination, assessment,
collection, and allocation of court costs and filing fees in
criminal actions and in civil actions and proceedings in this
state, including the amount of court costs and filing fees paid by
the parties to civil actions and proceedings or by defendants in
criminal actions. The Committee also shall review and study where
the money collected is deposited. Based on the Committee's
findings, the Committee shall prepare recommendations for any
changes that the Committee believes need to be made to the current
system for court costs and filing fees.
(D) The Committee shall submit written findings and
recommendations not later than one year and six months after the
effective date
of this act to the justices and Chief Justice of
the Ohio Supreme
Court, the General Assembly, and the Governor.
On the Committee's
submission of its written findings and
recommendations, the
Committee shall cease to exist.
(E) All meetings of the Committee are public meetings and
shall be open to the public at all times. A member of the
Committee shall be present in person at a meeting that is open to
the public in order to be considered present or to vote at the
meeting and for the purposes of determining whether a quorum is
present. The chairs of the Committee shall promptly prepare and
maintain the minutes of the meetings, and the minutes shall be
public records pursuant to section 149.43 of the Revised Code. The
committee shall give reasonable notice of the Committee's meetings
so that any person may determine the time and place of all
scheduled meetings. The Committee shall not hold a meeting unless
the Committee gives at least twenty-four hours advance notice to
the news media organizations that have requested notification of
the Committee's meetings.
Section 4. That existing Section 6 of Sub. H.B. 336 of the
126th General Assembly is hereby repealed.
Section 5. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
enactment into law at the earliest possible time is necessary to
provide sufficient time for candidates for the new judgeship of
the Champaign County Court of Common Pleas to file declarations of
candidacy and nominating petitions. Therefore, this act shall go
into immediate effect.
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