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S. B. No. 345 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Wagoner, Kearney, Padgett, Schuring, Seitz, Faber, Wilson, Roberts, Fedor, Boccieri, Stivers
A BILL
To amend sections 733.40, 1901.024, 1901.31, 1907.20,
2949.111, 3375.49, 3375.50, and
4513.35; to
amend, for the
purpose of adopting a new section
number as
indicated in parentheses, section
3375.50
(307.515); to enact sections 307.51,
307.511, 307.512, 307.513,
307.514, 307.516, and
3375.481; to repeal
sections
3375.48, 3375.51,
3375.52,
3375.53,
3375.54, and 3375.55 of the
Revised Code, and to repeal on December 31, 2009,
section 3375.49 of the Revised Code, as amended by
this act,
to
create a county law library
resources board in
each
county, to create a
statewide consortium of
county law library
resources
boards, to provide
that each county
law library resources
board is
responsible for
coordinating legal
research and
reference
material for county
offices, courts,
and county
departments, to create
the county law
library
resources
fund and the statewide
consortium of
county law library resources
boards
fund, and to
reconstitute the Task Force
on Law
Library
Associations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3375.49 be amended and sections
307.51,
307.511, 307.512, 307.513, 307.514, and 307.516 of the
Revised
Code be enacted to read as follows:
Sec. 307.51. (A) As used in this section, "county office"
means any officer, department,
board, commission, or agency of a
county.
(B) There is hereby created in each county a county law
library
resources board. The board shall consist of five members
who shall
be appointed and hold office as provided in section
307.511 of the
Revised Code. Beginning on January 1, 2010,
subject
to appropriation pursuant to section 307.513 of the
Revised Code,
the board shall provide legal research, reference,
and library
services to the county and to the municipal
corporations,
townships, and courts within the county and shall
manage
the
coordination, acquisition, and utilization of legal
resources.
(C) The board shall employ a county law librarian who shall
be the chief administrator of the county law library resources
board and
may employ additional staff to perform any functions as
determined
by the board. The board shall fix the compensation of
the county
law librarian and any additional employees. All
employees of the county law library resources board shall be in
the unclassified civil service of the county.
(D)(1) The board may adopt any rules it considers necessary
for
its operation and shall adopt rules for the following:
(a) The expenditure of funds
that are appropriated for its
use pursuant to division (B) of
section 307.513 of the Revised
Code;
(b) Public access and hours of operation of the law library;
(d) The receipt of gifts to the county
law library resources
fund.
(2) The board shall not charge any fee for
any service
provided to any member of the general assembly or to
any officer
or employee of a county, municipal, or township
government or
court located within that county when the officer or
employee is
acting within the scope of the officer's or employee's
employment.
(3) Fees for services do not include fees for access to the
law library. The board shall not charge a fee for access to the
law library.
(4) The county law librarian or the librarian's designee
shall deposit all fees collected pursuant to this section by any
employee of the county law library resources board into the county
law library resources fund established pursuant to section 307.514
of the Revised Code.
(E) There is hereby established a transition advisory council
that shall consist of those individuals serving as
members of the
board of trustees of the law library association
of the county
that, as of the effective date of this section,
received fines,
penalties, and moneys arising from forfeited bail
under sections
3375.50 to 3375.53 of the Revised Code. The
transition advisory
council
shall exist from January 1, 2009, to
December 31, 2010.
After
December 31, 2010, the board may create
an advisory
council that
is
comprised of persons engaged in the
private
practice of law
and
with expertise in the operation and
funding
of law
libraries.
(F) Subject to the approval of the board of county
commissioners of the county, the county law library resources
board may
contract with other county law library resources
boards, the statewide consortium
of law library resources boards,
private entities, or public agencies
for the provision of any
services that the county law library resources
board considers
necessary.
(G) After January 1, 2010, no county office shall purchase,
lease, rent, operate, or contract for the use of any legal
research or reference materials available in print, audio, visual,
or other medium or, notwithstanding section 307.482 of the Revised
Code, any equipment necessary to support the utilization of that
medium without prior approval of the board.
Sec. 307.511. (A) The five members of the county law library
resources board shall be residents of the county and shall be
appointed as follows:
(1) The prosecuting attorney of the county shall appoint one
member whose initial term shall expire on December 31, 2010.
(2) The administrative judges or presiding judges of all
municipal courts and county courts within the county shall meet to
appoint one member who is an attorney licensed to practice
law in
the state and in good standing before the supreme
court of Ohio
and whose initial term shall expire on December 31, 2011.
(3) The administrative judge or presiding judge of the court
of common pleas of the county shall appoint one member who is an
attorney licensed to practice law in the state and in
good
standing before the supreme court of Ohio and whose initial term
shall expire on
December 31, 2012.
(4) The board of county commissioners shall appoint one
member whose initial term shall expire on December 31, 2013.
(5) The board of county commissioners shall appoint one
member whose initial
term shall expire on December 31, 2014.
(B) The member appointed pursuant to division (A)(5) of this
section shall serve as the chairperson of the county law library
resources board until December 31, 2010. After that date, the
board shall select a chairperson from among the members of the
board.
(C)
During the period of July 1, 2009, through December
31,
2010, the county law library resources board shall consist of
seven
members and shall include members appointed pursuant to
division
(A) of this section and two members who are residents of
the
county appointed for this period by the board of trustees of
the
law library association within the county that, prior to the
effective date of this section, receives fines, penalties, and
moneys arising from forfeited bail pursuant to sections 3375.50 to
3375.53 of the Revised Code.
(D) The initial appointments to the county law library
resources
board as provided in divisions (A) and (B) of this
section shall
be made on or before July 1, 2009, and for the
term specified.
Thereafter, terms for all members appointed
pursuant to division
(A) of this section shall be for five years,
with each term ending
on the same day of the same month as did
the term that it
succeeds.
(E) Each member of the board shall hold office from the date
of the member's appointment until the end of the term for which
the member was appointed. Vacancies
shall be filled within sixty
days after the vacancy occurs and
shall be filled in the manner
provided for original appointments.
Any member appointed to fill
a vacancy occurring prior to the
expiration date of the term for
which the member's predecessor was
appointed shall hold office as
a member for the remainder of that
term. A member shall continue
in office subsequent to the
expiration date of the member's term
until the member's successor
takes office or until a period of
sixty days has elapsed,
whichever occurs first.
(F) A member of the board of trustees of a law library
association may serve as a member of a county law library
resources board if the member discloses each membership
to the
board of trustees of the law library association and the
county
law library resources board.
Sec. 307.512. Within fifteen days after July 1, 2009,
the
county law library resources board shall hold its initial
meeting
at the
office of the board of county commissioners at a
time
that
the
chairperson of the county law library resources
board
determines.
Thereafter, the board shall meet at least four
times
a year, as
determined by the chairperson or at any other
time as
determined by a majority of the board. A majority of the
members
of the county
law library resources board constitutes a
quorum
at any regular or
special meeting.
Sec. 307.513. (A) The county law library resources board
shall
prepare an annual estimate of the revenue and expenditures
of the
board for the calendar year commencing January 1, 2010,
and for each year thereafter, and shall submit that
estimate
to
the board of county commissioners as provided in
section
5705.28
of the Revised Code. The estimate of expenses
shall be
sufficient to provide for the operation of the county
law library
resources board. The estimate of revenue shall
clearly specify
the
source of the revenue and shall include a
specific request
for
monies to be appropriated to the county law
library
resources fund
established pursuant to section 307.514 of
the
Revised Code from
the county general fund for the ensuing
fiscal
year.
(B) The board of county commissioners may appropriate funds
from the county general fund for the use of the county law library
resources board. Within fifteen days after the adoption of the
annual appropriation measure pursuant to section 5705.38 of the
Revised Code, the board of county commissioners shall transfer
fifty per cent of the annual general fund appropriation to the
county law library resources fund and shall transfer the remaining
fifty
per cent of the annual general fund appropriation not later
than
July 15 of each year. The funds appropriated by the board of
county commissioners from the county law library resources fund
shall be
disbursed by the county auditor's warrant drawn on the
county
treasury five days after receipt of a voucher approved by
the
county law librarian pursuant to procedures established by
the
county law library resources board.
Sec. 307.514. There is hereby created in each county
treasury a county law library resources fund, effective January 1,
2010. The fund shall
receive all
revenue that is required to be
deposited into the
fund pursuant to
division (D)(1) of section
307.51 and section
307.515 of the Revised
Code, appropriated to
the fund from the
general fund by the board
of county
commissioners pursuant to
section 307.513 of the
Revised Code,
or
designated for deposit
into the fund by gift or
bequest from
any
person, firm, or
corporation. Expenditures from
the fund
shall be
made pursuant
to the annual appropriation
measure
adopted by the
board of
county commissioners under
section
5705.38 of the Revised
Code.
Sec. 307.516. (A) Upon the recommendation of the county
law
library resources boards of two or more adjacent counties, the
boards
of county commissioners of those counties may enter into a
contract to form a multi-county law library resources commission
for
the
purpose of collaborating on behalf of the member
counties in carrying out any or all of
the
duties and
responsibilities conferred upon a county law
library
resources
board by sections 307.51 to 307.516 of
the
Revised Code. The
commission shall administer the contract. Members
of the
commission shall consist of the chairperson of each
participating
county law library resources board and one member
from each of
the
county law library resources boards, who shall
be designated
by the
members of each of the county law library
resources
boards.
(B) The contract shall do all of the following:
(1) Prescribe the structure, management, and responsibilities
of the commission;
(2) Provide for a process to establish the annual budget for
the commission that includes a requirement that the annual budget
be
approved by all of the boards of county commissioners of the
member counties;
(3) Apportion the annual operating costs of the commission to
each
member county;
(4) Designate the expenditure of funds from the county law
library
resources fund of each member county;
(5) Address amendments to the contract.
(C) The contract shall be for a period of not less than three
calendar years and not more than five calendar years.
Sec. 3375.49. (A) Subject to divisions (B) and (D) of this
section, for For the use of the law library referred to
in section
3375.48 of the Revised Code, the board of county
commissioners
shall provide space in the
county courthouse or in any other
building located in the county seat, and utilities for that space.
(B)(1) Subject to divisions (C) and (D) of this section,
through During calendar year 2006 2009, the board of county
commissioners
shall be responsible for paying the compensation of
the librarian
and up to two assistant librarians of the law
library appointed by
the board of trustees of the law library
association under section
3375.48 of the Revised Code and the
costs of the space in the
county courthouse or other building
that the board provides for
the use of the law library under
division (A) of this section, and the
utilities for that space,
and furniture and fixtures for the law
library.
(2)(a) In calendar years 2007 through 2010, the board of
county commissioners and the board of trustees shall be
responsible for paying the compensation of the librarian and up to
two assistant librarians appointed under section 3375.48 of the
Revised Code as follows:
(i) In calendar year 2007, the board of county commissioners
shall pay eighty per cent, and the board of trustees shall pay
twenty per cent.
(ii) In calendar year 2008, the board of county commissioners
shall pay sixty per cent, and the board of trustees shall pay
forty per cent.
(iii) In calendar year 2009, the board of county
commissioners shall pay forty per cent, and the board of trustees
shall pay sixty per cent.
(iv) In calendar year 2010, the board of county commissioners
shall pay twenty per cent, and the board of trustees shall pay
eighty per cent.
(b) In calendar years 2008 through 2011, the board of county
commissioners and the board of trustees shall be responsible for
the costs of the space in the county courthouse or other building
that the board of county commissioners provides for the use of the
law library under division (A) of this section, the utilities for
that space, and furniture and fixtures for the law library as
follows:
(i) In calendar year 2008, the board of county commissioners
shall pay eighty per cent, and the board of trustees shall pay
twenty per cent.
(ii) In calendar year 2009, the board of county commissioners
shall pay sixty per cent, and the board of trustees shall pay
forty per cent.
(iii) In calendar year 2010, the board of county
commissioners shall pay forty per cent, and the board of trustees
shall pay sixty per cent.
(iv) In calendar year 2011, the board of county commissioners
shall pay twenty per cent, and the board of trustees shall pay
eighty per cent.
(3)(a) Beginning in calendar year 2011 and thereafter, the
board of trustees shall be responsible for paying the compensation
of the librarian and all assistant librarians appointed under
section 3375.48 of the Revised Code.
(b) Beginning in calendar year 2012 and thereafter, the board
of trustees shall be responsible for the costs of the space in the
county courthouse or other building that the board of county
commissioners provides for the use of the law library under
division (A) of this section, the utilities for that space, and
the law library's furniture and fixtures.
(C) At any time prior to calendar year 2011, the board of
trustees of a law library association referred to in section
3375.48 of the Revised Code may elect to assume responsibility for
paying the entire compensation of the librarian and all assistant
librarians of the law library appointed under section 3375.48 of
the Revised Code. If the board of trustees elects to assume that
responsibility, the board of county commissioners of the county in
which the association is located has no further obligation under
division (B) of this section to make payments for the compensation
of the law librarian and up to two assistant librarians.
(D)(1) Except as otherwise provided in division (D)(2) of
this section, if the board of trustees of a law library
association referred to in section 3375.48 of the Revised Code
rents, leases, lease-purchases, or otherwise acquires space to
expand or enlarge the law library for the use of the law library,
the board of county commissioners of the county in which the
association is located has no further obligation under division
(A) of this section to provide space in the county courthouse or
any other building located in the county seat for the use of the
law library and utilities for that space, and has no further
obligation under division (B) of this section to make payments for
the compensation of the librarian and up to two assistant
librarians of the law library appointed under section 3375.48 of
the Revised Code and for the costs of space in the county
courthouse or any other building for the use of the law library,
the utilities for that space, and the law library's furniture and
fixtures.
(2) Division (D)(1) of this section does not apply if the
board of trustees of a law library association referred to in
section 3375.48 of the Revised Code modifies the space used by the
law library in a manner that results in no change in that space or
in a reduction in that space and that results in no additional
costs to the board of county commissioners for fixtures or
furniture for the law library.
(E)(C)
The librarian of the law library shall receive and
safely
keep in the law library the law reports and other books
furnished
by the state for
use of the court and bar.
(F)(D) The books, computer
communications console that is a
means of access to a system of
computerized legal research,
microform materials and equipment,
videotape materials and
equipment, audio or visual materials and
equipment, other
materials and equipment utilized in conducting
legal research,
furniture, and fixtures of the law library association that
are
owned by, and used exclusively in, the law library are exempt
from
taxation.
Section 2. That existing section 3375.49 and sections
3375.54
and
3375.55 of the Revised Code are hereby repealed.
Section 3. That sections 733.40, 1901.024, 1901.31, 1907.20,
2949.111, 3375.50, and 4513.35 be amended, section 3375.50
(307.515) be amended for the purpose of
adopting a new section
number as indicated in parentheses, and section 3375.481 of the
Revised Code be enacted to read
as follows:
Sec. 3375.50 307.515. (A) All fines and penalties collected
by, and
moneys arising from forfeited bail in, a municipal court
for
offenses and misdemeanors brought for prosecution in the name
of
a
municipal corporation under one of its penal ordinances,
where
there is in force a state statute under which the offense
might
be
prosecuted, or brought for prosecution in the name of
the
state,
except a portion of such those fines, penalties, and
moneys
which
that, plus all costs collected monthly in such those
state cases,
equal the compensation allowed by the board of county
commissioners to the judges of the municipal court, its clerk,
and
the prosecuting attorney of such that court in state cases, shall
be retained by the clerk of such that municipal court, and shall
be paid deposited by
him forthwith, the clerk each month, to the
board of trustees of
the law
library association in the county
law library resources fund that is created under section 307.514
of the
Revised Code in the county in which such that municipal
corporation is located. The sum so retained and paid by that the
clerk of the municipal court to the board of trustees of such
law
library association deposits in the county law library resources
fund
shall,
in no month, be less than twenty-five
per cent of
the
amount of
such fines, penalties, and moneys
received in that
month, without
deducting the amount of the
allowance of the board
of county
commissioners to the judges,
clerk, and prosecuting
attorney.
The total amount paid under this section in any one
calendar
year by the clerks of all municipal courts in any one
county to
the board of trustees of such law library
association county
law
library resources fund
shall in no event exceed the following
amounts:
(A)(1) In counties having a population of fifty thousand or
less, seventy-five hundred dollars and the maximum amount paid by
any of such courts shall not exceed four thousand dollars in any
calendar year.
(B)(2) In counties having a population in excess of fifty
thousand but not in excess of one hundred thousand, eight
thousand
dollars and the maximum amount paid by any of such
courts shall
not exceed five thousand five hundred dollars in any
calendar
year.
(C)(3) In counties having a population in excess of one
hundred
thousand but not in excess of one hundred fifty thousand,
ten
thousand dollars and the maximum amount paid by any of such
courts
shall not exceed seven thousand dollars in any calendar
year.
(D)(4) In counties having a population of in excess of one
hundred fifty thousand, fifteen thousand dollars in any calendar
year. The maximum amount to be paid by each such clerk shall be
determined by the county auditor in December of each year for the
next succeeding calendar year, and shall bear the same ratio to
the total amount payable under this section from the clerks of
all
municipal courts in such county as the total fines, costs,
and
forfeitures received by the corresponding municipal court,
bear to
the total fines, costs, and forfeitures received by all
the
municipal courts in the county, as shown for the last
complete
year of actual receipts, on the latest available budgets
of such
municipal courts. Payments in the full amounts provided
in this
section shall be made monthly by each clerk in each
calendar year
until the maximum amount for such year has been
paid. When such
that amount, so determined by the auditor, has been
paid to the
board of trustees of such law library
association county law
library
resources fund,
then no further payments shall be
required in
that calendar year
from the clerk of such that court.
(E)(5) This section does not apply to fines collected by a
municipal court for violations of division (B) of section
4513.263
of the Revised Code, or for violations of any municipal
ordinance
that is substantively comparable to that division, all
of which
shall be forwarded to the treasurer of state as provided
in
division (E) of section 4513.263 of the Revised Code.
(B) The county treasurer, upon the voucher
of the county
auditor, shall deposit fifty per cent of all moneys
collected by
a county court
accruing from fines, penalties, and
forfeited
bail, unless otherwise
distributed by law, in the county law
library
resources fund in that county that is created under
section
307.514 of the Revised Code. The county treasurer shall
deposit
those moneys into that fund within thirty days after
those moneys
have been paid into the
county treasury by the clerk
of the
county court.
This section does not apply to fines collected by a county
court for
violations of division (B) of section 4513.263 of the
Revised Code, or for
violations of any municipal ordinance that is
substantively comparable to that
division, all of which shall be
forwarded to the treasurer of state as
provided in division (E) of
section 4513.263 of the Revised Code.
(C) In each county of the state, the clerk of the
court of
common pleas and the clerk of the probate court shall
retain all
fines and
penalties collected by, and moneys arising
from
forfeited bail in,
the court of common pleas and the probate
court of that county
for offenses and misdemeanors brought
for
prosecution in those
courts in the name of the state and
monthly
shall deposit those moneys in
the county law library resources
fund in
that county that is created
under section 307.514 of the
Revised
Code. The total sums so deposited
shall not exceed twelve
hundred
fifty dollars
per annum, and when
that amount has been
deposited
in the fund in accordance with this
section then no
further
payments shall be required under this
section in that
calendar
year from the clerks of those respective
courts.
This section does not apply to fines collected by a court
of
common pleas for violations of division (B) of section
4513.263 of
the Revised Code, all of which shall be forwarded to
the treasurer
of state as provided in division (E) of that
section.
(D) In each county, the treasurer of the county or
the
treasurer of the municipal corporation shall deposit monthly
fifty per cent of all fines
and penalties collected by, and fifty
per cent of moneys arising from forfeited
bail in, any court in
that county for offenses brought for
prosecution under Chapters
4301. and 4303. of the Revised Code
and the state traffic laws in
the county legal resources fund in that county that
is created
under section 307.514 of the Revised Code. The sum so deposited in
that fund by each treasurer shall
not exceed twelve
hundred
dollars per annum under Chapters 4301.
and 4303. of the
Revised
Code, and when that amount has been deposited in that fund
in
accordance with this
section, then no further deposits shall
be
required under this section in that calendar year from
those
treasurers.
As used in this section, "state traffic laws" does not
include division (B) of section 4513.263 of the Revised Code.
Sec. 733.40. Except as otherwise provided in section
4511.193 of the Revised Code, all fines, forfeitures, and costs
in
ordinance cases and all fees
that are collected by the mayor,
that
in any manner come into
the mayor's
hands, or
that are due
the
mayor or
a marshal, chief of police, or
other officer of the
municipal
corporation, any other fees and
expenses
that have been
advanced
out of the treasury of the
municipal corporation, and all
money
received by
the mayor
for the use of
the
municipal
corporation shall be paid by
the mayor into
the treasury
of the
municipal corporation
on the first
Monday of each month. At the
first regular meeting
of the
legislative authority each month, the
mayor shall submit a
full
statement of all money received, from
whom and for what
purposes
received, and when paid into the
treasury. Except as
otherwise
provided by sections 3375.50 to
3375.52 section 307.515 or
4511.19 of the Revised
Code, all fines,
and
forfeitures collected
by the mayor in state
cases, together
with
all fees and expenses
collected
that
have been advanced out
of
the county
treasury, shall be paid by
the mayor to
the county
treasury on
the first business day of each month.
Except as
otherwise
provided by sections 3375.50 to 3375.52 section 307.515
or
4511.19 of
the
Revised Code,
the mayor shall pay all court
costs and fees
collected
by the mayor in
state cases
into
the
municipal
treasury
on the first business day of each month.
This section does not apply to fines collected by a mayor's
court for violations of division (B) of section
4513.263 of the
Revised Code, or for violations of any municipal ordinance that
is
substantively comparable to that division, all of which shall
be
forwarded to the treasurer of state as provided in division
(E) of
section 4513.263 of the Revised Code.
Sec. 1901.024. (A) The board of county commissioners of
Hamilton county shall pay all of the costs of operation of the
Hamilton county municipal court. Subject to sections 3375.50,
3375.53 307.515,
4511.19, 4511.193,
and 5503.04 of the
Revised
Code and
to any other section of the Revised Code that requires a
specific
manner of disbursement of any moneys received by a
municipal
court, the county shall receive all of the costs, fees,
and other
moneys, except fines collected for violations of
municipal
ordinances and for violations of township resolutions
adopted
pursuant to Chapter 504. of the Revised Code, that are
received
by
the Hamilton county municipal court and shall receive
fifty
per
cent of all of the fines for violations of municipal
ordinances
and for violations of township resolutions adopted
pursuant to
Chapter 504. of the Revised Code that are received by
the court.
(B) The board of county commissioners of Lawrence county
shall pay all of the costs of operation of the Lawrence county
municipal court. Subject to sections 3375.50, 3375.53 307.515,
4511.19,
4511.193,
and 5503.04 of the Revised Code
and to any
other
section
of the Revised Code that requires a specific manner
of
disbursement of any moneys received by a municipal court, the
county shall receive all of the costs, fees, and other moneys,
except fines collected for violations of municipal ordinances and
for violations of township resolutions adopted pursuant to
Chapter
504. of the Revised Code, that are received by the
Lawrence county
municipal court and shall receive fifty per cent
of all of the
fines for violations of municipal ordinances and
for violations of
township resolutions adopted pursuant to
Chapter 504. of the
Revised Code that are received by the court.
(C) The board of county commissioners of Ottawa county shall
pay all of the
costs of operation of the Ottawa county municipal
court. Subject to sections
3375.50, 3375.53 307.515,
4511.19,
4511.193,
and 5503.04 of
the Revised Code and to
any other section
of the
Revised Code that requires a specific manner of
disbursement of
any moneys received by a municipal court, the
county shall
receive
all of the costs, fees, and other moneys,
except fines collected
for
violations of municipal ordinances and
for violations of
township resolutions
adopted pursuant to Chapter
504. of the
Revised Code, that are received by the
Ottawa county
municipal
court and shall receive fifty per cent of all of the
fines for
violations of municipal ordinances and for violations of
township
resolutions adopted pursuant to Chapter 504. of the
Revised Code
that are
received by the court.
(D) The board of county commissioners of a county in which
a
county-operated municipal court is located shall pay all of the
costs of operation of the municipal court. The county in which a
county-operated municipal court that is not subject to division
(A), (B), or (C) of this section is located shall receive all of
the
costs, fees, and other moneys, except fines collected for
violations of municipal ordinances and for violations of township
resolutions adopted pursuant to Chapter 504. of the Revised Code
and except as provided in sections 3375.50, 3375.53, 307.515 and
5503.04
of the Revised Code and in any other section of the
Revised Code
that requires a specific manner of disbursement of
any moneys
received by a municipal court, that are received by the
court.
Sec. 1901.31. The clerk and deputy clerks of a municipal
court shall be selected, be compensated, give bond, and have
powers and duties as follows:
(A) There shall be a clerk of the court who is appointed
or
elected as follows:
(1)(a) Except in the Akron, Barberton,
Toledo,
Hamilton
county, Portage county,
and Wayne county municipal courts and
through December 31, 2008, the Cuyahoga Falls municipal court, if
the
population of the
territory equals or exceeds one hundred
thousand at the regular
municipal election immediately preceding
the
expiration of the
term of the present clerk, the clerk shall
be
nominated and
elected by the qualified electors of the
territory
in the manner
that is provided for the nomination and
election of
judges in
section 1901.07 of the Revised Code.
The clerk so elected shall hold office for a term of six
years, which term shall commence on the first day of January
following the
clerk's election and continue until the clerk's
successor is elected
and qualified.
(b) In the Hamilton county municipal court, the clerk of
courts of Hamilton county shall be the clerk of the municipal
court and may appoint an assistant clerk who shall receive the
compensation, payable out of the treasury of Hamilton county in
semimonthly installments, that the board of county commissioners
prescribes. The clerk of courts of Hamilton county, acting as
the
clerk of the Hamilton county municipal court and assuming the
duties of that office, shall receive compensation at one-fourth
the rate that is prescribed for the clerks of courts of common
pleas as determined in accordance with the population of the
county and the rates set forth in sections 325.08 and 325.18 of
the Revised Code. This compensation shall be paid from the
county
treasury in semimonthly installments and is in addition to
the
annual compensation that is received for the performance of
the
duties of the clerk of courts of Hamilton county, as provided
in
sections 325.08 and 325.18 of the Revised Code.
(c) In the Portage county and Wayne county municipal
courts,
the clerks of courts of Portage county and Wayne county
shall be
the clerks, respectively, of the Portage county and
Wayne county
municipal courts and may appoint a chief deputy
clerk for each
branch that is established pursuant to section
1901.311 of the
Revised Code and assistant clerks as the judges
of the municipal
court determine are necessary, all of whom shall
receive the
compensation that the legislative authority
prescribes. The
clerks
of courts of Portage county and Wayne
county, acting as the
clerks
of the Portage county and Wayne
county municipal courts and
assuming the duties of these offices,
shall receive compensation
payable from the county treasury in semimonthly
installments at
one-fourth the rate that is prescribed for the clerks of
courts of
common pleas as determined in accordance with the population of
the
county and the rates set forth in sections 325.08 and 325.18
of the Revised
Code.
(d) Except as otherwise provided in division (A)(1)(d) of
this section, in the Akron municipal court, candidates for
election to the office of clerk of the court shall be nominated
by
primary election. The primary election shall be held on the
day
specified in the charter of the city of Akron for the
nomination
of municipal officers. Notwithstanding any contrary provision of
section 3513.05 or
3513.257 of the
Revised Code, the declarations
of candidacy and petitions of partisan candidates and the
nominating petitions of
independent candidates for the office of
clerk of the Akron municipal court
shall be signed by at least
fifty qualified electors
of the territory of the court.
The candidates shall file a declaration of candidacy and
petition, or a nominating petition, whichever is applicable, not
later than four p.m. of the seventy-fifth day before the day of
the primary election, in the form prescribed by section 3513.07
or
3513.261 of the Revised Code. The declaration of candidacy
and
petition, or the nominating petition, shall conform to the
applicable requirements of section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed
by
any person for nomination as a candidate of a particular
political
party for election to the office of clerk of the Akron
municipal
court, a primary election shall not be held for the
purpose of
nominating a candidate of that party for election to
that office.
If only one person files a valid declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and certificates of nomination for the office of clerk
of the Akron municipal court shall contain a designation of the
term for which the candidate seeks election. At the following
regular municipal election, all candidates for the office shall
be
submitted to the qualified electors of the territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court. The
clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the clerk's
election and continue until the clerk's successor is elected and
qualified.
(e) Except as otherwise provided in division
(A)(1)(e) of
this
section, in the Barberton municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Barberton for the
nomination of
municipal officers. Notwithstanding any contrary
provision of section 3513.05 or
3513.257 of the
Revised Code, the
declarations of candidacy and petitions of partisan candidates and
the nominating petitions of
independent
candidates for the office
of clerk of the Barberton municipal court shall be signed by at
least
fifty qualified
electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Barberton
municipal court, a primary election shall not be held for the
purpose of
nominating a candidate
of that party for election to
that office. If only one person files a valid
declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Barberton municipal court shall contain a designation of
the term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified.
(f)(i) Through December 31, 2008, except as otherwise
provided in division
(A)(1)(f)(i) of
this
section, in the Cuyahoga
Falls municipal court, candidates
for
election to the office of
clerk of the court shall be
nominated by primary
election. The
primary election shall be held
on the day specified in the
charter
of the city of Cuyahoga Falls
for the nomination of
municipal
officers. Notwithstanding any contrary provision of section
3513.05 or
3513.257 of the
Revised Code, the declarations of
candidacy and petitions of partisan candidates and the nominating
petitions of
independent
candidates for the office of clerk of the
Cuyahoga Falls municipal court shall be signed by at least
fifty
qualified
electors of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition, or
the nominating petition,
shall conform to the
applicable requirements of section
3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Cuyahoga
Falls
municipal court, a primary election shall not be held for the
purpose of nominating a candidate of that party for election to
that office. If only one person files a valid declaration of
candidacy and petition for nomination as a candidate of a
particular political party for election to that office, a primary
election shall not be held for the purpose of nominating a
candidate of that party for election to that office, and the
candidate shall be issued a certificate of nomination in the
manner set forth in section 3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the Cuyahoga
Falls municipal court shall contain a designation
of the term for
which the candidate seeks election. At the
following regular municipal
election, all candidates for the
office shall be submitted to the
qualified electors of the
territory of the court in the manner
that is provided in section
1901.07 of the Revised Code for
the
election of the judges of the
court. The clerk so elected shall hold office
for
a term of six
years, which term shall commence on the first day of
January
following the clerk's election and continue until the
clerk's
successor is elected and qualified.
(ii) Division (A)(1)(f)(i) of this section shall have no
effect after December 31, 2008.
(g) Except as otherwise provided in division
(A)(1)(g) of
this
section, in the Toledo municipal court, candidates for
election
to the office of clerk of the court shall be nominated by
primary
election. The primary election shall be held on the day
specified
in the charter of the city of Toledo for the nomination
of
municipal officers. Notwithstanding any contrary provision of
section 3513.05 or 3513.257 of the
Revised Code, the declarations
of candidacy and petitions of partisan candidates and the
nominating petitions of independent
candidates for the office of
clerk of the Toledo municipal court
shall be signed by at least
fifty qualified
electors
of the territory of the court.
The candidates shall file a declaration of candidacy and
petition,
or a nominating petition, whichever is applicable, not
later than
four p.m. of the seventy-fifth day before the day of
the primary
election, in the form prescribed by section 3513.07 or
3513.261 of
the Revised Code. The declaration of candidacy and
petition,
or the nominating petition, shall conform to the
applicable requirements of
section 3513.05 or 3513.257 of the
Revised Code.
If no valid declaration of candidacy and petition is filed by
any
person for nomination as a candidate of a particular political
party for election to the office of clerk of the Toledo municipal
court, a primary election shall not be held for the purpose of
nominating a candidate
of that party for election to that office.
If only one person files a valid
declaration of
candidacy and
petition for nomination as a candidate of a
particular political
party for election to that office, a primary
election shall not be
held for the purpose of nominating a
candidate of that party for
election to that office, and the
candidate shall be issued a
certificate of nomination in the
manner set forth in section
3513.02 of the Revised Code.
Declarations of candidacy and petitions, nominating
petitions, and
certificates of nomination for the office of clerk
of the
Toledo municipal court shall contain a designation of the
term
for which the candidate seeks election. At the following
regular municipal
election, all
candidates for the office shall be
submitted to the qualified electors of the
territory of the
court
in the manner that is provided in section 1901.07 of the
Revised
Code for the election of the judges of the court.
The clerk so
elected shall hold office for a term of six years, which
term
shall commence on the first day of January following the
clerk's
election and continue until the clerk's successor is elected and
qualified.
(2)(a) Except for the Alliance, Auglaize county,
Brown
county, Columbiana
county, Holmes county, Lorain,
Massillon, and
Youngstown
municipal courts, in a
municipal court
for which the
population of
the territory is less
than one hundred thousand, the
clerk shall
be appointed by the court, and
the clerk shall hold
office until
the clerk's successor is
appointed and qualified.
(b) In the Alliance, Lorain, Massillon, and Youngstown
municipal courts, the clerk shall be elected for a term of office
as described in division (A)(1)(a) of this section.
(c) In the Auglaize county, Brown county, and Holmes county
municipal
courts, the
clerks of
courts of Auglaize
county, Brown
county, and Holmes county shall be the
clerks,
respectively, of
the
Auglaize
county, Brown county, and Holmes county municipal
courts and may appoint a
chief deputy clerk
for each branch office
that
is
established pursuant to
section 1901.311
of the Revised
Code,
and
assistant clerks as the
judge of the
court determines
are
necessary, all of whom shall
receive the
compensation that the
legislative authority
prescribes. The
clerks of courts of
Auglaize
county,
Brown county, and Holmes county, acting as the
clerks of
the Auglaize county, Brown
county, and Holmes county
municipal
courts
and assuming the
duties of
these offices, shall
receive
compensation
payable from
the county treasury in semimonthly
installments at
one-fourth the
rate that is prescribed for the
clerks of
courts of
common pleas
as determined in accordance with
the population of
the
county and
the rates set forth in sections
325.08 and 325.18
of the Revised
Code.
(d) In the Columbiana county municipal court, the clerk of
courts of
Columbiana county shall be the
clerk of the municipal
court, may appoint a chief deputy
clerk for each branch office
that is established pursuant to section
1901.311 of the Revised
Code, and may appoint any assistant clerks that
the judges of the
court determine are necessary. All of the chief deputy
clerks and
assistant clerks shall receive the compensation that the
legislative authority prescribes. The clerk of courts of
Columbiana county, acting as
the clerk of the Columbiana
county
municipal court and assuming the duties of that office,
shall
receive in either biweekly installments or semimonthly
installments, as determined by the payroll administrator,
compensation payable from the county treasury at one-fourth the
rate that is
prescribed
for the clerks of courts of common pleas
as
determined in
accordance with the population of the county and
the rates set
forth in sections 325.08 and 325.18 of the
Revised
Code.
(3) During the temporary absence of the clerk due to
illness,
vacation, or other proper cause, the court may appoint a
temporary
clerk, who shall be paid the same compensation,
have
the
same
authority, and perform the same duties as the clerk.
(B) Except in the Hamilton county,
Portage county, and Wayne
county municipal courts, if a vacancy
occurs in the office of the
clerk of the Alliance, Lorain,
Massillon, or Youngstown municipal
court or occurs in the office
of the clerk of a municipal court
for which the population of the
territory equals or exceeds one
hundred thousand because the
clerk
ceases to hold the office
before the end of the clerk's term or
because a clerk-elect fails
to take office, the vacancy shall be
filled, until a successor is
elected and qualified, by a person
chosen by the residents of the
territory of the court who are
members of the county central
committee of the political party by
which the last occupant of
that office or the clerk-elect was
nominated. Not less than five
nor more than fifteen days after a
vacancy occurs, those members
of that county central committee
shall meet to make an appointment
to fill the vacancy. At least
four days before the date of the
meeting, the chairperson or a
secretary of the county central
committee shall notify each such
member of that county central
committee by first class
mail of the
date, time, and place
of the
meeting and its purpose. A majority
of all such members of
that
county central committee constitutes a
quorum, and a
majority of
the quorum is
required to make the
appointment. If the office so
vacated was
occupied or was to be
occupied by a person not
nominated at a
primary election, or if
the appointment was not
made by the
committee members in
accordance with this division,
the court
shall make an appointment
to fill the vacancy. A
successor shall
be elected to fill the
office for the unexpired
term at the first
municipal election that
is held more than one
hundred twenty days
after the vacancy
occurred.
(C)(1) In a municipal court, other than the Auglaize county,
the Brown county,
the Columbiana county, the Holmes county, and
the Lorain municipal
courts,
for which
the population of the
territory is
less than one
hundred thousand, the clerk of
the
municipal
court
shall receive
the annual compensation that the
presiding
judge of the court
prescribes, if the revenue of the
court for the
preceding calendar
year, as
certified by the auditor
or chief
fiscal officer of the
municipal corporation
in which the
court is
located or, in the
case of a county-operated municipal
court, the
county auditor, is
equal to or greater than the
expenditures,
including any debt
charges, for the operation of the
court payable
under this
chapter
from the city treasury or, in the
case of a
county-operated
municipal
court, the county treasury for
that
calendar year, as
also certified by the
auditor or chief
fiscal
officer. If the
revenue of a municipal court, other
than
the
Auglaize county,
the
Brown county, the Columbiana county, and
the
Lorain municipal
courts, for which
the population of the
territory
is less than one
hundred thousand for
the preceding
calendar year
as so
certified is
not equal to or
greater than
those expenditures for
the
operation
of the court for
that
calendar year as so certified,
the clerk of
a
municipal court
shall receive the annual
compensation that the
legislative
authority prescribes.
As used
in this division,
"revenue" means
the total of all costs and fees
that are collected
and paid to the
city
treasury or, in a
county-operated municipal
court, the county
treasury by the
clerk
of the municipal court
under division (F) of
this section and
all
interest received and
paid to the city
treasury or, in a
county-operated
municipal
court, the county
treasury in relation
to the costs and fees under
division (G) of
this section.
(2) In
a municipal court, other than the
Hamilton county,
Portage
county, and Wayne
county
municipal courts, for which the
population of the territory
is one
hundred thousand or more, and
in the Lorain
municipal court, the
clerk of the municipal court
shall receive annual compensation in
a sum equal to eighty-five
per cent of the salary of a judge of
the court.
(3) The compensation
of a clerk described in division (C)(1)
or (2) of this
section is payable in semimonthly installments from
the same sources and
in the same manner as provided in section
1901.11 of the Revised
Code, except that the compensation of the
clerk of the Carroll county municipal court is payable in biweekly
installments.
(D) Before entering upon the duties of the clerk's office,
the
clerk of a municipal court shall give bond of not less than
six
thousand dollars to be determined by the judges of the court,
conditioned upon the faithful performance of the clerk's duties.
(E) The clerk of a municipal court may do all of the
following: administer oaths, take affidavits, and issue
executions
upon any judgment rendered in the court, including a
judgment for
unpaid costs; issue, sign, and attach the seal of
the
court to all
writs, process, subpoenas, and papers issuing
out of
the court;
and approve all bonds, sureties, recognizances,
and
undertakings
fixed by any judge of the court or by law. The clerk
may
refuse to
accept for filing any pleading or paper submitted
for filing by a
person who has been found to be a vexatious
litigator under
section 2323.52
of the Revised Code and who has
failed to obtain
leave to proceed under that
section. The clerk
shall do all of the
following: file and safely keep all
journals,
records, books, and
papers belonging or appertaining to
the court;
record the
proceedings of the court; perform all other
duties that
the judges
of the court may prescribe; and keep a
book showing all
receipts
and disbursements, which book shall be
open for public
inspection
at all times.
The clerk shall prepare and maintain a general index, a
docket, and other records that the court, by rule, requires, all
of which shall be the public records of the court. In the
docket,
the clerk shall enter, at the time of the commencement of
an
action, the names of the parties in full, the names of the
counsel, and the nature of the proceedings. Under proper dates,
the clerk shall note the filing of the complaint, issuing of
summons or
other process, returns, and any subsequent pleadings.
The clerk
also shall enter all reports, verdicts, orders,
judgments, and
proceedings of the court, clearly specifying the
relief granted
or orders made in each action. The court may order
an extended
record of any of the above to be made and entered,
under the
proper action heading, upon the docket at the request of
any
party to the case, the expense of which record may be taxed as
costs in the case or may be required to be prepaid by the party
demanding the record, upon order of the court.
(F) The clerk of a municipal court shall receive, collect,
and issue receipts for all costs, fees, fines, bail, and other
moneys payable to the office or to any officer of the court. The
clerk
shall each month disburse to the proper persons or officers,
and
take receipts for, all costs, fees, fines, bail, and other
moneys
that the clerk collects. Subject to sections 3375.50
307.515 and
4511.193
of
the Revised Code and to any other section
of the
Revised Code
that requires a specific manner of
disbursement of
any moneys
received by a municipal court and
except for the
Hamilton county,
Lawrence county, and Ottawa county
municipal
courts, the clerk shall pay all
fines received for
violation of
municipal ordinances into the
treasury of the
municipal
corporation the ordinance of which was
violated and
shall pay all
fines received for violation of
township resolutions
adopted
pursuant to section 503.52 or 503.53 or Chapter 504. of
the
Revised Code into the treasury of
the township the resolution
of
which was violated. Subject to
sections 1901.024 and 4511.193
of
the Revised Code, in the
Hamilton county, Lawrence county, and
Ottawa county
municipal
courts, the clerk shall pay fifty per cent
of the fines
received
for violation of municipal ordinances and
fifty per cent
of the
fines received for violation of township
resolutions
adopted
pursuant to section 503.52 or 503.53 or
Chapter 504. of the Revised Code into the
treasury of
the county.
Subject to sections 3375.50, 3375.53 307.515,
4511.19, and
5503.04
of the Revised Code and to any other section
of the
Revised Code
that requires a specific manner of
disbursement of
any moneys
received by a municipal court, the
clerk shall pay all
fines
collected for the violation of state
laws into the county
treasury. Except in a county-operated
municipal court, the clerk
shall pay all costs and fees the
disbursement of which is not
otherwise provided for in the
Revised
Code into the city treasury.
The clerk of a
county-operated
municipal court shall pay the costs
and fees the
disbursement of
which is not otherwise provided for
in the
Revised Code into the
county treasury. Moneys deposited as
security for costs shall be
retained pending the litigation. The
clerk shall keep a separate
account of all receipts and
disbursements in civil and criminal
cases, which shall be a
permanent public record of the office. On
the expiration of the
term of the clerk, the clerk shall deliver
the records to the
clerk's
successor. The clerk shall have other
powers and duties
as
are prescribed by
rule or order of the court.
(G) All moneys paid into a municipal court shall be noted
on
the record of the case in which they are paid and shall be
deposited in a state or national bank, or a domestic savings and
loan association, as defined in section 1151.01 of the Revised
Code, that is selected by the clerk. Any interest received upon
the deposits shall be paid into the city treasury, except that, in
a county-operated municipal court, the interest shall be paid
into
the treasury of the county in which the court is located.
On the first Monday in January of each year, the clerk
shall
make a list of the titles of all cases in the court that
were
finally determined more than one year past in which there
remains
unclaimed in the possession of the clerk any funds, or
any part of
a deposit for security of costs not consumed by the
costs in the
case. The clerk shall give notice of the moneys to
the parties
who
are entitled to the moneys or to their attorneys
of record.
All
the moneys remaining unclaimed on the first day
of April of
each
year shall be paid by the clerk to the city
treasurer, except
that, in a county-operated municipal court, the
moneys shall be
paid to the treasurer of the county in which the
court is located.
The treasurer shall pay any part of the
moneys at any time to the
person who has the right to the
moneys upon proper certification
of the clerk.
(H) Deputy clerks of a municipal court other than the Carroll
county municipal court may be appointed by the clerk and shall
receive the compensation, payable in either biweekly installments
or semimonthly installments, as determined by the payroll
administrator, out
of the city treasury, that the clerk may
prescribe, except that
the compensation of any deputy clerk of a
county-operated
municipal court shall be paid out of the treasury
of the county
in
which the court is located. The judge of the
Carroll county municipal court may appoint deputy clerks for the
court, and the deputy clerks shall receive the compensation,
payable in biweekly installments out of the county treasury, that
the judge may prescribe. Each deputy clerk shall take an
oath
of
office before entering upon the duties of the deputy clerk's
office
and, when so qualified, may perform the duties appertaining
to the
office of the clerk. The clerk may require any of the
deputy
clerks to give bond of not less than three thousand
dollars,
conditioned for the faithful performance of the deputy
clerk's duties.
(I) For the purposes of this section, whenever the
population
of the territory of a municipal court falls below one
hundred
thousand but not below ninety thousand, and the
population
of the
territory prior to the most recent regular
federal census
exceeded
one hundred thousand, the legislative
authority of the
municipal
corporation may declare, by
resolution, that the
territory shall
be considered to have a
population of at least one
hundred
thousand.
(J) The clerk or a deputy clerk shall be in attendance at
all
sessions of the municipal court, although not necessarily in
the
courtroom, and may administer oaths to witnesses and jurors
and
receive verdicts.
Sec. 1907.20. (A) The clerk of courts shall be the clerk
of
the county court, except that the board of county
commissioners,
with the concurrence of the county court judges,
may appoint a
clerk for each county court judge, who shall serve
at the pleasure
of the board and shall receive compensation as
set by the board,
payable in semimonthly installments from the
treasury of the
county. An appointed clerk, before entering upon
the duties of
the
office, shall give bond of not less than five
thousand
dollars, as
determined by the board of county
commissioners,
conditioned upon
the faithful performance of
the clerk's duties.
The clerks of courts of common pleas, when acting as the
clerks of county
courts, and upon assuming their county court
duties, shall
receive compensation at one-fourth the rate
prescribed for the
clerks of courts of common pleas as determined
in accordance with
the population of the county and the rates set
forth in sections
325.08 and 325.18 of the Revised Code. This
compensation shall
be paid from the county treasury in semimonthly
installments and
is in addition to the annual compensation
received for the
performance of the duties of the clerk of a court
of common
pleas as provided in sections 325.08
and 325.18 of the
Revised Code.
(B) The clerk of a county court shall have general powers
to
administer oaths, take affidavits, and issue executions upon
any
judgment rendered in the county court, including a judgment
for
unpaid costs, power to issue and sign all writs, process,
subpoenas, and papers issuing out of the court, and to attach the
seal of the court to them, and power to approve all bonds,
sureties, recognizances, and undertakings fixed by any judge of
the court or by law. The clerk shall file and safely keep all
journals,
records, books, and papers belonging or appertaining to
the
court, record its proceedings, perform all other duties that
the
judges of the court may prescribe, and keep a book showing all
receipts and disbursements, which shall be open for public
inspection at all times. The clerk may refuse to accept for
filing
any
pleading or paper submitted for filing by a person who
has
been found to be a
vexatious litigator under section 2323.52
of
the Revised
Code and who has failed to obtain leave to proceed
under that
section.
The clerk shall prepare and maintain a general index, a
docket as prescribed by the court, which shall be furnished by
the
board of county commissioners, and such other records as the
court, by rule, requires, all of which shall be the public
records
of the court. In the docket, the clerk shall enter at times
of
the
commencement of an action, the names of the parties in full,
the
names of the counsel, and the nature of the proceedings.
Under
proper
dates, the clerk shall note the filing of the
complaint,
issuing of summons or other process, returns, and
pleadings
subsequent thereto. The clerk also shall enter all
reports,
verdicts,
orders, judgments, and proceedings of the
court, clearly
specifying the relief granted or orders made in
each action. The
court may order an extended record of any of the
above to be made
and entered, under the proper action heading,
upon the docket at
the request of any party to the case, the
expense of which may be
taxed as costs in the case or may be
required to be prepaid by
the
party demanding the extended record,
upon order of the court.
(C) The clerk of a county court shall receive and collect
all
costs, fees, fines, penalties, bail, and other moneys payable
to
the office or to any officer of the court and issue receipts
therefor, and shall each month disburse the costs, fees, fines,
penalties, bail, and other moneys to the proper persons or
officers and take receipts therefor. Subject to sections
3375.51,
3375.53 307.515,
4511.19, 4511.193, and
5503.04 of the Revised
Code and
all other statutes that require a different distribution
of
fines,
fines received for violations of municipal ordinances
shall be
paid into the treasury of the municipal corporation
whose
ordinance was violated, fines received for violations of
township
resolutions adopted pursuant to section 503.52 or 503.53 or
Chapter 504. of the
Revised Code
shall be paid into the treasury
of the township
whose resolution
was violated, and fines collected
for the
violation of state laws
shall be paid into the county
treasury.
Moneys deposited as
security for costs shall be retained
pending
the litigation.
The clerk shall keep a separate account of all receipts and
disbursements in civil and criminal cases. The
separate account
shall be a permanent public record of the office. On the
expiration of a clerk's term, those records shall be
delivered to
the clerk's successor.
The clerk shall have such other powers and duties as are
prescribed by rule or order of the court.
(D) All moneys paid into a county court shall be noted on
the
record of the case in which they are paid and shall be
deposited
in a state or national bank selected by the clerk. On
the first
Monday in January of each year, the clerk shall make a
list of the
titles of all cases in the county court that were
finally
determined more than one year past in which there remains
unclaimed in the possession of the clerk any funds, or any part
of
a deposit for security of costs not consumed by the costs in
the
case. The clerk shall give notice of the moneys to the
parties
entitled to them or to their attorneys of record. All
the moneys
remaining unclaimed on the first day of April of
each year shall
be paid by the clerk to the county treasurer. Any
part of the
moneys shall be paid by the county treasurer at
any time to the
person having the right to them, upon proper
certification of the
clerk.
(E)(1) In county court districts having appointed clerks,
deputy clerks may be appointed by the board of county
commissioners. Clerks and deputy clerks shall receive such
compensation payable in semimonthly installments out of the
county
treasury as the board may prescribe. Each deputy clerk
shall take
an oath of office before entering upon the duties of
the deputy
clerk's office and, when so qualified, may perform the
duties
appertaining to the office of the clerk. The clerk may require
any
of the deputy clerks to give bond of not less than three
thousand
dollars, conditioned for the faithful performance of the
deputy
clerk's duties.
(2) A clerk of courts acting as clerk of the county court
may
appoint deputy clerks to perform the duties pertaining to the
office of clerk of the county court. Each deputy clerk
shall take
an oath of office before entering upon the deputy clerk's duties,
and the clerk of courts may require the deputy clerk to
give bond
of
not less than three thousand dollars, conditioned for the
faithful performance of the deputy clerk's duties.
(3) The clerk or a deputy clerk of a county court shall be
in
attendance at all sessions of the court, although not
necessarily
in the courtroom, and may administer oaths to
witnesses and jurors
and receive verdicts.
(F)(1) In county court districts having appointed clerks,
the
board of county commissioners may order the establishment of
one
or more branch offices of the clerk and, with the concurrence
of
the county judges, may appoint a special deputy clerk to
administer each branch office. Each special deputy clerk shall
take an oath of office before entering upon the duties of the
deputy clerk's
office and, when so qualified, may perform any one
or more of the
duties appertaining to the office of clerk, as the
board
prescribes. Special deputy clerks shall receive such
compensation payable in semimonthly installments out of the
county
treasury as the board may prescribe. The board may
require any of
the special deputy clerks to give bond of not less
than three
thousand dollars, conditioned for the faithful
performance of the
deputy clerk's duties.
The board of county commissioners may authorize the clerk
of
the county court to operate one or more branch offices, to
divide
the clerk's time between the offices, and to perform duties
appertaining to the office of clerk in locations
that the board
prescribes.
(2) A clerk of courts acting as clerk of the county court
may
establish one or more branch offices for the clerk's duties as
clerk of the county court and, with the concurrence of the
county
court judges, may appoint a special deputy clerk to administer
each branch office. Each special deputy clerk shall take an oath
of office
before entering upon the deputy clerk's duties and, when
so qualified, may
perform
any of the duties pertaining to the
office of clerk, as the clerk of courts
prescribes. The clerk of
courts may require any of the special
deputy clerks to give bond
of not less than three thousand
dollars, conditioned for the
faithful performance of the deputy clerk's
duties.
(G) The clerk of courts of the county shall fix the
compensation of deputy clerks and special deputy clerks appointed
by the clerk pursuant to this section. Those personnel
shall be
paid and be subject to the same requirements as other employees of
the clerk under the provisions of section 325.17 of the Revised
Code
insofar as that section is applicable.
Sec. 2949.111. (A) As used in this section:
(1) "Court costs" means any
assessment
that the court
requires
an
offender to pay
to defray the costs of
operating the
court.
(2)
"State fines or costs" means any costs imposed or
forfeited bail
collected by the court under section 2743.70 of the
Revised Code for deposit into the
reparations fund or under
section 2949.091 of the Revised Code for deposit into the
general
revenue fund and all fines, penalties, and forfeited bail
collected by the
court and paid to a law library association under
sections 3375.50 to 3375.53 section 307.515 of the Revised Code.
(3) "Reimbursement" means any reimbursement for the costs of
confinement
that the court orders an offender to pay pursuant to
section
2929.28 of the Revised Code,
any supervision fee, any fee
for the
costs of
house arrest
with
electronic monitoring that an
offender agrees to
pay, any
reimbursement for the
costs of an
investigation or prosecution
that the court orders an
offender to
pay pursuant to section
2929.71 of the Revised
Code, or any other
costs that the court
orders an offender to pay.
(4) "Supervision fees" means any fees that a court,
pursuant
to
sections 2929.18, 2929.28, and 2951.021 of the
Revised Code,
requires
an offender who is under a
community control sanction
to
pay for
supervision services.
(5) "Community control sanction" has the same meaning as
in
section 2929.01 of the Revised Code.
(B) Unless the court, in accordance with division (C) of
this
section, enters in the record of the case a different method
of
assigning
payments, if a person who
is
charged with a misdemeanor
is convicted of or pleads guilty
to
the
offense, if the court
orders the offender to pay any
combination
of
court costs,
state
fines or costs, restitution, a
conventional fine, or
any
reimbursement, and
if
the
offender makes any payment
of any of
them to a clerk of court,
the clerk
shall assign the
offender's
payment
in the following manner:
(1) If the court ordered the offender to pay any
court
costs,
the
offender's payment shall be assigned toward the
satisfaction
of
those court costs until
they
have been entirely paid.
(2)
If the court ordered the offender to pay any state fines
or costs and
if all of the court costs that the court ordered the
offender to pay have been
paid, the remainder of the offender's
payment shall be assigned on a pro rata
basis toward the
satisfaction of the state fines or costs until they have been
entirely paid.
(3) If the court ordered the offender to pay any
restitution
and if all of the
court costs
and state fines or costs that the
court ordered the
offender to
pay have been paid, the
remainder of
the
offender's
payment
shall be assigned toward the
satisfaction
of the
restitution until
it has been
entirely paid.
(4) If the court ordered the offender to pay any
fine and
if
all of the
court costs, state fines or
costs, and restitution
that
the court ordered the
offender to pay have been
paid, the
remainder of the
offender's payment
shall be assigned toward the
satisfaction of the fine
until
it has been entirely paid.
(5) If the court ordered the offender to pay any
reimbursement and if all of the
court costs,
state fines or costs,
restitution, and
fines
that the
court
ordered the offender to pay
have been
paid, the
remainder
of the offender's payment
shall be
assigned
toward the satisfaction of the
reimbursements
until
they
have been entirely paid.
(C) If a person who is charged with a misdemeanor is
convicted of or pleads guilty to the offense and if the court
orders the offender to pay any combination of
court costs,
state
fines or costs, restitution,
fines, or
reimbursements, the court,
at the time it orders
the
offender to
make those payments, may
prescribe
an
order of
payments
that
differs
from the
order set
forth in division (B) of
this section
by entering in
the record of
the
case the
order so
prescribed.
If a different
order is entered
in the record,
on receipt
of any payment,
the
clerk of the
court
shall assign the payment
in the manner
prescribed by the court.
Sec. 3375.481. (A) There is hereby created a statewide
consortium of
county law library resources boards. The statewide
consortium shall be comprised
of the county law library resources
board of each county.
(B) The statewide consortium board shall consist
of five
voting
members, one of whom shall be the librarian of the supreme
court of Ohio, or, if the librarian of the supreme court is
unavailable, the chief justice's designee, and the other four
members shall
be appointed as follows:
(1) The Ohio judicial conference shall appoint one member.
(2) The county commissioners association of Ohio shall
appoint two members, one of whom shall be the chief administrator
of a county law library resources board.
(3) The Ohio state bar association shall appoint one member.
(C) Initial appointments to the statewide consortium board
shall be
made on or before January 1, 2011. Of the
initial
appointments, the
initial term of the member appointed by
the
county
commissioners association who is not the chief
administrator of a county library resources board and the member
appointed by the
Ohio judicial
conference shall be for a term
ending December 31,
2014. The initial term of the member
appointed by the Ohio state
bar association and the member
appointed by the county
commissioners association who is the
chief administrator of a
county law library resources board shall
be for a term ending
December 31,
2016. Thereafter, terms for
all members shall be
for
five years,
with each term ending on
the same day of the
same
month as did
the term that it
succeeds.
Each member appointed pursuant to division (B) of this
section shall hold office from the date of the member's
appointment until the end of the term for which the member was
appointed. Vacancies
shall be filled within sixty days after the
vacancy occurs and
shall be filled in the manner provided for
original appointments.
Any member appointed to fill a vacancy
occurring prior to the
expiration date of the term for which the
member's predecessor was
appointed shall hold office as a member
for the remainder of that
term. A member shall continue in office
subsequent to the
expiration date of the member's term until the
member's successor
takes office or until a period of sixty days
has elapsed,
whichever occurs first.
(D) The statewide consortium board shall do all of the
following for
the benefit of the members of the statewide
consortium:
(1) Negotiate contracts that each county law library
resources
board
may use for purchasing or obtaining access to
legal
research and reference materials available in any medium;
(2) Catalogue existing resources held by county law library
resources
boards and facilitate the sharing of those resources by
the county
law library resources boards;
(3) Develop and recommend guidelines for the collection of or
access to legal resources that ought to be provided by a county
law library resources board;
(4) Provide consultation and assistance to county law library
resources boards;
(5) Issue an annual report of its activities to each county
law library resources board.
(E)(1) There is hereby created in the state treasury the
statewide consortium of county law library resources boards fund.
Commencing January 1, 2011, each county
treasurer shall
deposit
two per cent of the funds
deposited
pursuant to section 307.515
of the Revised Code into
the county
law library resources
fund
of the treasurer's county,
established under
section 307.514
of
the Revised Code, from the
immediately
preceding calendar year
into the statewide
consortium of county law library
resources
boards fund. The
statewide consortium board may recommend in
writing and submit to
each county law library resources board an
increase
or decrease
in the percentage
of funds that must be
deposited
into the
statewide consortium fund by county
treasurers pursuant to the
division. Upon the receipt of written
approval of the
recommendation from a majority of the county law
library resources
boards, the recommendation shall become
effective on January 1 of
the succeeding year. The statewide
consortium board of the county
law library
resources boards
shall make any recommendations not
later than the
first day of
April for the proceeding fiscal year,
and any action
by a county
law library resources board on the
recommendation shall be
certified to the statewide consortium
board not later than the
first day of
June of that year.
(2) The statewide consortium board may use the money
deposited in the
fund for the operation of the statewide
consortium board
and may provide
grants to county law library
resources boards.
(F) The statewide consortium board may create an advisory
council that
is comprised of persons with expertise in the
operation and
funding of law libraries.
(G) The statewide consortium board shall determine the
necessary qualifications of staff and the
facilities and
equipment
necessary for the operation of the statewide
consortium.
(H) The statewide consortium board shall elect a chairperson
from its
membership. The statewide consortium board shall meet at
least four times
per year and shall keep a record of its
proceedings. The record of
its proceedings shall be open to the
public for inspection. The
chairperson or the chairperson's
designee shall send a written
notice of the time and place of
each meeting to each member. A
majority of the members of the
statewide consortium board shall constitute a
quorum.
Sec. 4513.35. (A) All fines collected under sections
4511.01
to 4511.78, 4511.99, and 4513.01 to 4513.37 of the
Revised Code
shall be paid into the county treasury and, with the
exception of
that portion distributed under section 3375.53
307.515 of
the
Revised
Code, shall be placed to the credit of
the fund for
the
maintenance and repair of the highways within
that county,
except
that:
(1) All fines for violations of division (B) of section
4513.263 shall be delivered to the treasurer of state as provided
in division (E) of section 4513.263 of the Revised Code.
(2) All fines collected from, or moneys arising from bonds
forfeited by, persons apprehended or arrested by state highway
patrolmen shall be distributed as provided in section 5503.04 of
the Revised Code.
(3)(a) Subject to division (E) of section 4513.263 of the
Revised Code and except as otherwise provided in division
(A)(3)(b) of this section, one-half of all fines collected from,
and one-half of all moneys arising from bonds forfeited by,
persons apprehended or arrested by a township constable or other
township police officer shall be paid to the township treasury to
be placed to the credit of the general fund.
(b) All fines collected from, and all moneys arising from
bonds forfeited by, persons apprehended or arrested by a township
constable or other township police officer pursuant to division
(B)(2) of section 4513.39 of the Revised Code for a violation of
section 4511.21 of the Revised Code or any other law, ordinance,
or regulation pertaining to speed that occurred on a highway
included as part of the interstate system, as defined in section
5516.01 of the Revised Code, shall be paid into the county
treasury and be credited as provided in the first paragraph of
this section.
(B) Notwithstanding any other provision of this section or
of
any other section of the Revised Code:
(1) All fines collected from, and all moneys arising from
bonds forfeited by, persons arrested under division (E)(1)
or (2)
of section 2935.03 of the Revised Code are deemed to be
collected,
and to arise, from arrests made within the
jurisdiction in which
the arresting officer is appointed,
elected, or employed, for
violations of one of the sections or
chapters of the Revised Code
listed in division (E)(1) of
that section and shall be distributed
accordingly.
(2) All fines collected from, and all moneys arising from
bonds forfeited by, persons arrested under division (E)(3)
of
section 2935.03 of the Revised Code are deemed to be collected,
and to arise, from arrests made within the jurisdiction in which
the arresting officer is appointed, elected, or employed, for
violations of municipal ordinances that are substantially
equivalent to one of the sections or one of the provisions of one
of the chapters of the Revised Code listed in division
(E)(1)
of
that section and for violations of one of the sections or one of
the provisions of one of the chapters of the Revised Code listed
in division (E)(1) of that section, and shall be distributed
accordingly.
Section 4. That existing sections 733.40, 1901.024, 1901.31,
1907.20, 2949.111, 3375.50, and 4513.35 and sections 3375.48,
3375.51,
3375.52, and 3375.53 of the Revised Code are hereby
repealed.
Section 5. Sections 3 and 4 of this act shall take effect
January 1, 2010, except that section 3375.48 of the Revised Code,
as repealed by this act, shall take effect December 31, 2009.
Section 6. That section 3375.49 of the Revised Code, as
amended by this act, shall take effect December 31, 2008.
Section 7. Section 3375.49 of the Revised Code, as amended by
this act, is hereby repealed effective December 31, 2009.
Section 8. (A) The Task Force on Law Library
Associations
created pursuant to Section 503.06 of Am. Sub. H.B.
66 of the
126th General Assembly is hereby reconstituted. The
appointing
authority shall fill any vacancies on the
reconstituted Task
Force.
(B) The Task Force shall help educate the county law library
resources boards with regards to the new structure and
organization of county law libraries, facilitate the establishment
of the county law library resources boards,
including the
transition of the management of county law
libraries from the law
library associations to the county law
library
resources boards,
and monitor the necessary and proper expenditure of the county law
library resources fund, as
provided for in section 307.514 of the
Revised Code.
(C) The Task Force shall submit a final report to the Speaker
and Minority Leader of the House of Representatives and the
President and Minority Leader of the Senate by December 31, 2011.
Upon submission of its report, the Task Force shall cease to
exist.
(D) Sections 101.82 to 101.87 of the Revised Code do not
apply to the Task Force.
Section 9. (A) On or before January 1, 2010, a law
library
association shall transfer both of the following to the
county
law
library resources board in the county in which the law
library
association is located:
(1) All unspent fines and penalties in the law library's
general fund and retained moneys fund collected pursuant to
sections 3375.50 to 3375.53 of the Revised Code;
(2) All personal property that the law library association
can reasonably identify as having been purchased by the fines and
penalties in the law library's general fund or retained moneys
fund collected pursuant to sections 3375.50 to 3375.53 of the
Revised Code.
(B) The law library association shall retain all dedicated
moneys or personal property that were not purchased with the fines
and penalties in the law library's general revenue fund or
retained moneys fund.
Section 10. With respect to a person employed by a law
library
association referred to in section 3375.48 of the Revised
Code
immediately preceding the effective date of this section and
upon
that person's employment by a county law library resources
board,
the board shall use the following methods for determining
the
employee's vacation accrual rate and credit for accrued but
unused
vacation leave and sick leave:
(A) For the librarian and assistant librarians who received
compensation pursuant to section 3375.49 of the Revised Code and
were paid upon warrant of the county auditor, the county law
library resources board shall do all of the following:
(1) Credit to the employee accrued but unused sick leave
acquired during service with the law library association as if the
employee were transferring from one public agency to another
public agency pursuant to section 124.38 of the Revised Code;
(2) Consider all of the employee's prior service with the law
library association as service with the county for purposes of
determining years of service pursuant to section 325.19 of the
Revised Code;
(3) One of the following:
(a) Compensate the employee for accrued but unused vacation
leave acquired during service with the law library association at
the employee's final rate of pay while employed by the
association, except that this compensation of vacation leave shall
not exceed the vacation leave a county employee is permitted to
earn and accumulate under section 325.19 of the Revised Code;
(b) Credit to the employee accrued but unused vacation leave
acquired during service with the law library association, except
that this credited vacation leave shall not exceed the vacation
leave a county employee is permitted to earn and accumulate under
section 325.19 of the Revised Code.
(B) For all employees of the law library association not
specified in division (A) of this section, the county law library
resources board may do either of the following by resolution:
(1) Credit to the employee all or any part of accrued but
unused sick leave acquired during service with the law library
association as if the employee were transferring from one public
agency to another public agency pursuant to section 124.38 of the
Revised Code;
(2) Consider all or any part of the employee's prior service
with the law library association as service with the county for
purposes of determining years of service pursuant to section
325.19 of the Revised Code.
(C) Any resolution the law library resources board adopts
pursuant to division (B) of this section shall not be effective if
the board of county commissioners rejects the resolution within
thirty days of receiving the resolution.
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