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H. B. No. 216 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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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;
(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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