130th Ohio General Assembly
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H. B. No. 216  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 216


Representative Patmon 



A BILL
To enact section 2301.04 of the Revised Code to require that cases in a multi-judge municipal or county court or a multi-judge division of a court of common pleas be randomly assigned to the judges of the court or division.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2301.04 of the Revised Code be enacted to read as follows:
Sec. 2301.04.  (A) As used in this section, "particular session of court" means a session of court in which cases are assigned according to subject category rather than by a random system of assignment.
(B) Except as otherwise provided in division (C) of this section, cases in a multi-judge municipal or county court or a multi-judge general, domestic relations, or juvenile division of a court of common pleas shall be randomly assigned to judges of the court or division through an objective and impartial system that ensures the equitable distribution of cases between or among the judges of the court or division. A court or division may, by local rule, modify the random assignment system to provide for the redistribution of cases involving the same criminal defendant, parties, family members, or subject matter.
(C) The court or division shall dispose of cases in the following subject categories by particular session:
(1) Civil cases in which a motion for default judgment is made;
(2) Criminal cases in which a plea of guilty or no contest is entered;
(3) Initial appearance in criminal cases;
(4) Preliminary hearings in criminal cases;
(5) Criminal cases in which an immediate trial is conducted upon initial appearance;
(6) Small claims cases;
(7) Forcible entry and detainer cases in which the right to trial by jury is waived or not demanded;
(8) Cases in which a party has applied or been accepted into a specialized court or docket.
(D) To guarantee a fair and equal distribution of cases, a judge who is assigned a case by subject matter pursuant to division (C) of this section may request the administrative judge to reassign a similar case by lot to another judge in that court or division.
(E) Cases not subject to assignment in a particular session shall be randomly assigned. Civil cases shall be assigned when an answer is filed or when a motion, other than one for default judgment, is filed. Criminal cases shall be assigned when a plea of not guilty is entered.
(F) The administrative judge shall equally apportion particular session assignments among all judges. A judge shall not be assigned to a particular session of court for more than two consecutive weeks.
(G) If a previously filed and dismissed case is refiled, the case shall be reassigned to the judge originally assigned by lot to hear it unless, for good cause shown, that judge is precluded from hearing the case.
(H) After the date of election of a judge to a new judicial position, but before the first day of the judge's term, the administrative judge of the court or division to which the new judicial position belongs shall, through a random selection, equitably reassign pending cases between or among the judges of the court or division. Reassignment may exclude criminal cases and cases scheduled for trial. Any matters arising in cases assigned to the docket for the new judicial position prior to the date on which the judge takes office shall be resolved by the administrative judge or assigned to another judge.
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