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H. B. No. 268 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Szollosi, Butler
Cosponsors:
Representatives Pillich, Garland, Letson, Antonio, Gardner, Yuko, Stinziano, Okey
A BILL
To amend sections 3.08, 163.10, 311.17, 509.15,
733.73, 733.74, 1901.25, 1907.28, 2101.30,
2311.42, 2313.01, 2313.02, 2313.03, 2313.05,
2313.11, 2313.12, 2313.13, 2313.16, 2313.18,
2313.19, 2313.20, 2313.251, 2313.29, 2313.34,
2313.38, 2313.41, 2313.42, 2313.46, 2313.47,
2313.99, 2335.28, 2938.05, 2938.14, 2939.02,
2939.03, 2945.24, 2947.23, 3314.03, 3326.11,
5155.12, and 5563.05, to amend, for the purpose of
adopting new section numbers as indicated in
parentheses, sections 2313.05 (2313.04), 2313.11
(2313.18), 2313.13 (2313.15), 2313.16 (2313.14),
2313.18 (2313.19), 2313.19 (2313.07), 2313.20
(2313.08), 2313.251 (2313.10), 2313.29 (2313.20),
2313.34 (2313.22), 2313.38 (2313.11), 2313.41
(2313.16), 2313.42 (2313.17), 2313.46 (2313.24),
and 2313.47 (2313.13), to enact new sections
2313.05, 2313.06, 2313.09, 2313.21, and 2313.23,
and to repeal sections 2313.04, 2313.06, 2313.07,
2313.08, 2313.09, 2313.10, 2313.14, 2313.15,
2313.21, 2313.22, 2313.23, 2313.24, 2313.25,
2313.26, 2313.30, 2313.32, 2313.33, 2313.35,
2313.36, 2313.37, 2313.39, 2313.40, 2313.43, and
2313.45 of the Revised Code to modernize the
language of, to reorganize, and to remove obsolete
provisions from the jury service law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3.08, 163.10, 311.17, 509.15,
733.73, 733.74, 1901.25, 1907.28, 2101.30, 2311.42, 2313.01,
2313.02, 2313.03, 2313.05, 2313.11, 2313.12, 2313.13, 2313.16,
2313.18, 2313.19, 2313.20, 2313.251, 2313.29, 2313.34, 2313.38,
2313.41, 2313.42, 2313.46, 2313.47, 2313.99, 2335.28, 2938.05,
2938.14, 2939.02, 2939.03, 2945.24, 2947.23, 3314.03, 3326.11,
5155.12, and 5563.05 be amended, that sections 2313.05 (2313.04),
2313.11 (2313.18), 2313.13 (2313.15), 2313.16 (2313.14), 2313.18
(2313.19), 2313.19 (2313.07), 2313.20 (2313.08), 2313.251
(2313.10), 2313.29 (2313.20), 2313.34 (2313.22), 2313.38
(2313.11), 2313.41 (2313.16), 2313.42 (2313.17), 2313.46
(2313.24), and 2313.47 (2313.13) be amended for the purpose of
adopting new section numbers as indicated in parentheses, and that
new sections 2313.05, 2313.06, 2313.09, 2313.21, and 2313.23 of
the Revised Code be enacted to read as follows:
Sec. 3.08. Proceedings for the removal of public officers on
any of the grounds enumerated in section 3.07 of the Revised Code
shall be commenced by the filing of a written or printed complaint
specifically setting forth the charge and signed by qualified
electors of the state or political subdivision whose officer it is
sought to remove, not less in number than fifteen per cent of the
total vote cast for governor at the most recent election for the
office of governor in the state or political subdivision whose
officer it is sought to remove, or, if the officer sought to be
removed is the sheriff or prosecuting attorney of a county or the
mayor of a municipal corporation, the governor may sign and file
such written or printed complaint without the signatures of
qualified electors. Such complaint shall be filed with the court
of common pleas of the county where the officer against whom the
complaint is filed resides, except that when the officer against
whom the complaint is filed is a judge of the court of common
pleas, such complaint shall be filed in the court of appeals of
the district where such judge resides, and all complaints against
state officers shall be filed with the court of appeals of the
district where the officer against whom the complaint is filed
resides. The judge or clerk of the court shall cause a copy of
such complaint to be served upon the officer, against whom the
complaint has been filed, at least ten days before the hearing
upon such complaint. Such hearing shall be had within thirty days
from the date of the filing of the complaint by said electors, or
by the governor. The court may suspend the officer pending the
hearing.
The removal proceedings filed in the court of common pleas
shall be tried by a judge unless a jury trial is demanded in
writing by the officer against whom the complaint has been filed.
If a jury is demanded, it shall be composed of twelve persons who
satisfy the qualifications of a juror specified in section
2313.42
2313.17 of the Revised Code. If nine or more persons of that jury
find one or more of the charges in the complaint are true, such
jury shall return a finding for the removal of the officer, which
finding shall be filed with the clerk of the court and be made a
matter of public record. If less than nine persons of that jury
find that the charges on the complaint are true, the jury shall
return a finding that the complaint be dismissed. The proceedings
had by a judge upon such removal shall be matters of public record
and a full detailed statement of the reasons for such removal
shall be filed with the clerk of the court and shall be made a
matter of public record.
Sec. 163.10. The assessment of compensation may be made at a
regular or special term of court. The jury shall be selected from
the jurors drawn as prescribed in sections 2313.19 to 2313.26
Chapter 2313. of the Revised Code, and qualified as in civil
actions. However, it shall be grounds for challenge for cause if a
juror has served in two appropriation trials in the current term
of court.
Sec. 311.17. Except as provided in a contract entered into
under division (A) of section 3125.141 of the Revised Code, for
the services specified in this section, the sheriff shall charge
the following fees, which the court or its clerk shall tax in the
bill of costs against the judgment debtor or those legally liable
therefor for the judgment:
(A) For the service and return of the following writs and
orders:
(a) When money is paid without levy or when no property is
found, thirty dollars;
(b) When levy is made on real property, for the first tract,
twenty-five dollars, and for each additional tract, ten dollars;
(c) When levy is made on goods and chattels, including
inventory, fifty dollars.
(2) Writ of attachment of property, except for purpose of
garnishment, forty dollars;
(3) Writ of attachment for the purpose of garnishment, ten
dollars;
(4) Writ of replevin, forty dollars;
(5) Warrant to arrest, for each person named in the writ,
twenty dollars;
(6) Attachment for contempt, for each person named in the
writ, six dollars;
(7) Writ of possession or restitution, sixty dollars;
(8) Subpoena, for each person named in the writ, in either a
civil or criminal case, ten dollars;
(9) Venire, for each person named in the writ, in either a
civil or criminal case, six dollars;
(10) Summoning each juror, other than on venire, in either a
civil or criminal case, six dollars;
(11)(10) Writ of partition, twenty-five dollars;
(12)(11) Order of sale on partition, for the first tract,
fifty dollars, and for each additional tract, twenty-five dollars;
(13)(12) Other order of sale of real property, for the first
tract, fifty dollars, and for each additional tract, twenty-five
dollars;
(14)(13) Administering oath to appraisers, three dollars
each;
(15)(14) Furnishing copies for advertisements, one dollar for
each hundred words;
(16)(15) Copy of indictment, for each defendant, five
dollars;
(17)(16) All summons, writs, orders, or notices, for the
first name, six dollars, and for each additional name, one dollar.
(B) In addition to the fee for service and return:
(1) On each summons, writ, order, or notice, a fee of two
dollars per mile for the first mile, and one dollar per mile for
each additional mile, going and returning, actual mileage to be
charged on each additional name;
(2) Taking bail bond, three dollars;
(3) Jail fees, as follows:
(a) For receiving a prisoner, five dollars each time a
prisoner is received, and for discharging or surrendering a
prisoner, five dollars each time a prisoner is discharged or
surrendered. The departure or return of a prisoner from or to a
jail in connection with a program established under section
5147.28 of the Revised Code is not a receipt, discharge, or
surrender of the prisoner for purposes of this division.
(b) Taking a prisoner before a judge or court, per day, five
dollars;
(c) Calling action, one dollar;
(d) Calling jury, three dollars;
(e) Calling each witness, three dollars;
(f) Bringing prisoner before court on habeas corpus, six
dollars.
(4) Poundage on all moneys actually made and paid to the
sheriff on execution, decree, or sale of real estate, one and
one-half per cent;
(5) Making and executing a deed of land sold on execution,
decree, or order of the court, to be paid by the purchaser, fifty
dollars.
When any of the services described in division (A) or (B) of
this section are rendered by an officer or employee, whose salary
or per diem compensation is paid by the county, the applicable
legal fees and any other extraordinary expenses, including
overtime, provided for the service shall be taxed in the costs in
the case and, when collected, shall be paid into the general fund
of the county.
The sheriff shall charge the same fees for the execution of
process issued in any other state as the sheriff charges for the
execution of process of a substantively similar nature that is
issued in this state.
Sec. 509.15. The following fees and expenses shall be taxed
as costs, collected from the judgment debtor, and paid to the
general fund of the appropriate township or district as
compensation due for services rendered by township constables or
members of the police force of a township police district or joint
police district:
(A) Serving and making return of each of the following:
(1) Order to commit to jail, order on jailer for prisoner, or
order of ejectment, including copies to complete service, one
dollar for each defendant named therein;
(2) Search warrant or warrant of arrest, for each person
named in the writ, five dollars;
(3) Writ of attachment of property, except for purpose of
garnishment, twenty dollars;
(4) Writ of attachment for the purpose of garnishment, five
dollars;
(5) Writ of possession or restitution, twenty dollars;
(6) Attachment for contempt, for each person named in the
writ, three dollars;
(7) Writ of replevin, twenty dollars;
(8) Summons and writs, subpoena, venire summons of jurors,
and notice to garnishee, including copies to complete service,
three dollars for each person named therein;
(9) Execution against property or person, eighty cents, and
six per cent of all money thus collected;
(10) Any other writ, order, or notice required by law, for
each person named therein, including copies to complete service,
three dollars for the first name and fifty cents for each
additional name.
(B) Mileage for the distance actually and necessarily
traveled in serving and returning any of the preceding writs,
orders, and notices, fifty cents for the first mile and for each
additional mile, twenty cents;
(C) For attending a criminal case during the trial or hearing
and having charge of prisoners, each case, two dollars and fifty
cents, but, when so acting, such constable shall not be entitled
to a witness fee if called upon to testify;
(D) For attending civil court during a jury trial, each case,
two dollars;
(E) For attending civil court during a trial without jury,
each case, one dollar and fifty cents;
(F) The actual amount paid solely for the transportation,
meals, and lodging of prisoners, and for the moving and storage of
goods and the care of animals taken on any legal process, such
expense shall be specifically itemized on the back of the writs
and sworn to;
(G) For summoning and swearing appraisers, each case, two
dollars;
(H) For advertising property for sale, by posting, taken on
any legal process, one dollar;
(I) For taking and making return of any bond required by law,
eighty cents.
Notwithstanding anything to the contrary in this section, if
any comparable fee or expense specified under section 311.17 of
the Revised Code is increased to an amount greater than that set
forth in this section, the board of township trustees, board of
trustees of the township police district, or joint township police
district board, as appropriate, may require that the amount taxed
as costs under this section equal the amount specified under
section 311.17 of the Revised Code.
Sec. 733.73. On the day fixed by the probate judge for the
return of the citation issued pursuant to section 733.72 of the
Revised Code, the village solicitor or city director of law shall
appear on behalf of the complainant to conduct the prosecution,
and the accused may also appear by counsel. A time shall be set
for hearing the case, which shall be not more than ten days after
such return. If a jury is demanded by either party, the probate
judge shall direct the summoning of twelve men jurors in the
manner provided by sections 2313.19 to 2313.26 Chapter 2313. of
the Revised Code. In a municipal corporation having no village
solicitor or city director of law, or in case the village
solicitor or city director of law is accused of any misfeasance or
malfeasance in
his office, the prosecuting attorney shall appear
on behalf of the complainant to conduct the prosecution.
Sec. 733.74. On the day fixed for trial under section 733.73
of the Revised Code, if a jury is impaneled, either party, in
addition to the peremptory challenges allowed by law in other
cases, may object for good cause to any
juryman juror summoned,
and vacancies occurring for any cause may be filled by the probate
judge from the bystanders until the panel is full, unless the
party charged, or his the party's counsel, demands a special
venire that additional jurors be summoned to fill such vacancy.
Sec. 1901.25. A municipal court may provide by rule the
manner in which jurors shall be chosen, and may provide that
jurors to be used in the court may be chosen and summoned by the
jury commissioners of the county as provided in sections 2313.01
to 2313.26 Chapter 2313. of the Revised Code. Selection shall be
made from residents within the territory and those appearing to
reside outside the territory shall be returned to the annual jury
wheel, to the automation data processing storage drawer, or to any
other automated data processing information storage device used
pursuant to division (C) of section 2313.21 of the Revised Code
list. Jurors shall be impaneled in the same manner, shall have the
same qualifications, and shall be challenged for the same causes,
and shall receive the same fees as jurors in the court of common
pleas. Each municipal court shall establish the fees of jurors in
that court. The fees of jurors in any criminal case involving the
violation of state law shall be paid out of the county treasury.
The fees of jurors in any criminal case involving a violation of a
municipal ordinance shall be paid out of the treasury of the
municipal corporation in which the violation occurred.
Sec. 1907.28. A county court may provide, by rule, how
jurors shall be chosen, and may provide that jurors to be used in
the court may be chosen and summoned by the jury commissioners of
the county as provided in Chapter 2313. of the Revised Code.
Selection shall be made from residents within the county court
district, and, if Chapter 2313. of the Revised Code is followed,
those appearing to reside outside the district shall be returned
to the annual jury wheel, to the automation data processing
storage drawer, or to such other automated data processing
information storage device used pursuant to division (C) of
section 2313.21 of the Revised Code list.
Jurors shall be impaneled in the same manner, shall have the
same qualifications, shall be challenged for the same causes, and
shall receive the same fees as jurors in the court of common
pleas. The fees of jurors in any criminal case that involves a
violation of state law shall be paid out of the county treasury,
and the fees of jurors in any case that involves a violation of a
municipal ordinance shall be paid out of the treasury of the
municipal corporation that enacted the ordinance.
Sec. 2101.30. Whenever a jury is required in the probate
court, the probate judge shall forthwith notify the commissioners
of jurors, who shall cause to be drawn from the annual jury wheel,
or to be drawn by use of the automation data processing equipment
and procedures described in section 2313.07 of the Revised Code,
list the names of sixteen persons as jurymen jurors. Additional
names may be drawn if required. The clerk of the court of common
pleas or one of his the clerk's deputies shall make a list of such
names in the order drawn and certify it to the probate court, and
such court shall issue a venire summons commanding the persons
whose names were drawn to appear on the day and at the hour set
for trial. The probate court shall deliver the venire summons to
the sheriff, who shall serve it within five days thereafter and
make prompt return of such service.
Sec. 2311.42. In any civil case pending in the court of
common pleas of any county, wherein in which the parties thereto
are entitled to a trial by jury, if it appears that the board of
county commissioners of the county in which such the action is
pending is a party thereto to the action, the court, upon the
application of either party, shall certify such that fact to the
clerk of such the court of common pleas in any adjoining county,
together with the time fixed for the trial of said the case and
the number of jurors to be drawn, and shall order such the clerk
and commissioners of jurors of that county to draw from the annual
jury wheel, or draw by use of the automation data processing
equipment and procedures described in section 2313.07 of the
Revised Code, list the number of names of persons certified to
serve as jurors in the trial of such cases in such other that
county. The venire shall be issued to the sheriff or commissioners
of jurors of the county from which such the jury is drawn, and
shall be served summon the jurors as provided in section 2313.25
2313.10 of the Revised Code. Such The persons so drawn and
summoned shall, in obedience to such the summons, appear in the
court of the county in which such the action is pending to serve
as jurors therein, being impaneled and subject to challenge the
same as in other civil cases.
Each juror shall receive the greater of the compensation
established for jurors in the adjoining county or three dollars
for each day of service and mileage, and all costs, including the
costs incident to the drawing, issuing, and service of the venire
shall be paid from the county treasury in which such the action is
pending upon certificate by the clerk of such that county as to
the service and mileage of said the jurors, and to the officers
performing such
those services, upon the certificate of such
those officers.
Sec. 2313.01. (A) The judges of the courts general division
of the court of common pleas shall appoint two suitable persons,
neither of whom shall be an attorney at law nor more than one of
whom shall be of the same political party, and either or both of
whom may be court employees, to be commissioners of jurors for the
county. The appointments shall be made in writing, by the judge or
a majority of all the judges in those counties where there is more
than one judge, and shall be filed in the office of the clerk of
the court of common pleas of the county and entered upon the
journal of the court. The commissioners shall hold office at the
pleasure of the judges of the court of common pleas in the county
of their appointment. The judges may at any time for good cause
shown and, by a vote of a majority of all their number, remove any
commissioner and appoint a successor. Upon a vacancy occurring in
the office of commissioners of jurors, for any cause, the said
judges shall, as soon as practicable, in like manner appoint a
successor. The successor so appointed shall be of the same
political party as the commissioner whose place is to be filled.
The
The said commissioners shall be officers of the courts of
record common pleas in such county and shall attend upon each term
of such courts for which a jury is drawn.
(B) The commissioners may examine under oath any juror called
for trial as to that person's qualifications to serve as a juror.
Sec. 2313.02. (A) The commissioners of jurors shall receive
compensation fixed by the court of common pleas payable monthly
out of the county treasury. They may appoint and remove, with the
consent of said the court, expressed in writing, as many deputy
commissioners as are necessary to carry out sections 2313.01 to
2313.46, inclusive, Chapter 2313. of the Revised Code. The deputy
commissioners shall receive compensation fixed and paid in like
manner as that of the commissioners by the court of common pleas
payable out of the county treasury. Such compensation may at any
time be changed by the said court. The commissioners may, with the
consent of said court, expressed in writing, from time to time
appoint such clerks and messengers as are necessary. The
compensation of such clerks and messengers shall be fixed by the
said court, and paid monthly by the county. All appointments made
under this section shall be filed in the office of the clerk of
the court of common pleas and entered on the journal of the court.
All such appointments of deputies, clerks, and messengers shall be
made on the basis of ascertained merit and fitness alone, in
accordance with rules prescribed by the said court.
(B) The commissioners of jurors may, in writing, authorize a
deputy to perform any duty or class of duties that a commissioner
may perform. The commissioners or any deputy may administer an
oath or affirmation in relation to any matter governed by Chapter
2313. of the Revised Code.
Sec. 2313.03. Before entering upon the duties of their
office, the commissioners of jurors and any deputy commissioners
shall take and subscribe to the following oath of office, and file
the same it with the clerk of the court of common pleas:
"I do solemnly swear (or affirm) that I will honestly and
faithfully discharge the duties of a commissioner of jurors (or
deputy commissioner of jurors) without fear or favor; and that I
will consent to the selection of no person as juror whom I have
been solicited to name as juror or whom I believe to be unfit for
that position, or likely to render a partial verdict in any cause
in which he may be called as juror; and that I will report to the
court the names of any and all persons who, in any manner, seek by
request, hint, or suggestion to influence me in the selection of
jurors; and this I do as I shall answer to God" (or, "and this I
do under the pains and penalties of perjury").
Sec. 2313.05 2313.04. The board of county commissioners
shall provide a suitable office for the commissioners of jurors on
the order of the court of common pleas, and shall make provision
for supplying all such books equipment, stationery,
printing,
automation data processing punch cards, magnetic tapes, magnetic
discs, punched paper tapes, or other similar devices for use in an
automated information retrieval system postage, advertisement
expenses, computer software, and advertising other supplies as are
required necessary for the
discharge of proper and convenient
conduct of the commissioners in discharging the duties imposed by
sections 2313.01 to 2313.46, inclusive, Chapter 2313. of the
Revised Code, in like manner as other public officers are
supplied.
Sec. 2313.05. The court of common pleas shall establish the
date on which the jury year shall begin. The court may divide each
jury year into parts.
Sec. 2313.06. (A) The commissioners of jurors shall compile a
new and complete jury source list annually in accordance with both
of the following:
(1) On a date ordered by the court of common pleas, the board
of elections for each county shall compile and file with the
commissioners of jurors of the county a certified, current list
containing the names, addresses, and dates of birth of all the
electors of the county shown on the registration lists for the
most recent general election. The board of elections shall remove
from the list of all electors those electors who have failed to
vote at least once during the preceding four consecutive years.
The voter list so compiled shall be the current voter list.
(2) On a date ordered by the court of common pleas of any
particular county, the registrar of motor vehicles shall compile
and file with the commissioners of jurors of each county a
certified, current list containing the names, addresses, dates of
birth, and citizenship of all residents of the particular county
who have been issued, on or after January 1, 1984, a commercial
driver's license pursuant to Chapter 4506. or a driver's license
or identification card pursuant to Chapter 4507. of the Revised
Code that is valid and current on the date of the compilation of
the list, who are or will be eighteen years of age or older as of
the day of the general election of the year in which the list is
filed, and who, regardless of whether they actually are registered
to vote, would be electors if they were registered to vote.
(B) In compiling the annual jury source list, the
commissioners, unless otherwise ordered by the court of common
pleas, shall include all names from the current voter list and may
include all names for the certified, current list of all names
provided to the commissioners from the registrar of motor
vehicles; provided that, upon merging the lists, any duplication
shall be eliminated. The commissioners shall exclude from the
annual jury source list the names of any jurors permanently
excused under section 2313.14 of the Revised Code and the names of
any jurors discharged under section 2313.21 of the Revised Code.
(C) The annual jury source list so compiled shall be
certified by the commissioners and filed in their office before
the beginning of each jury year. The names shall be entered in a
suitable book or record, to be known as the "annual jury source
list," and shall be arranged alphabetically. With each name shall
be recorded the place of residence, date of birth, and citizenship
of the person as nearly as they can be ascertained. A duplicate of
the list shall be certified by the commissioners and filed in the
office of the clerk of the court of common pleas.
(D) The commissioners may, by order of the court, supplement
the annual jury source list with the names of persons who, after
the list has been filed, are discovered to be qualified to serve
as jurors. The commissioners shall certify any supplemental jury
source list and file it in their office and in the office of the
clerk of the court of common pleas. Any supplemental jury source
list shall be added to the annual jury source list, and the
supplemented annual jury source list shall be used for the rest of
the jury year.
Sec. 2313.19 2313.07. (A) The number of jurors to be drawn
for each term the jury year, and each separate part of a term jury
year, or for any special term of a court of record, at which
issues of facts are triable by jury, shall be fixed by a general
order of the court, for which such jurors are drawn. If it is not
so fixed, then the same shall be fixed by a written order made by
the judge appointed to hold the same, or in case of his absence or
inability to act, by another judge of the court. The order shall
be filed in the office of the clerk of the court for which the
jurors are to be drawn. If the number has not been fixed at the
time of the drawing, the commissioners of jurors shall draw such
fix a number
from the jury wheel, or by use of the automation data
processing equipment and procedures described in section 2313.07
of the Revised Code, as they deem determine necessary for the
business of the court for such term, jury year or for such part of
a term, if the term consists of two or more separate parts jury
year.
(B) At any time during the jury year, the court may order an
additional number of jurors to be drawn by the commissioners of
jurors for the jury year or for a part of a jury year at which the
order is made or for immediate service in a particular case. The
order shall specify the number to be drawn.
Sec. 2313.20 2313.08. (A) At least six days before the
drawing of jurors under section 2313.23 2313.09 of the Revised
Code, the commissioners of jurors shall publish notice of the
drawing, in at least one newspaper of general circulation in the
county. They shall also serve written notice upon the clerk of the
court of common pleas, the sheriff, and at least one judge of the
court of common pleas of the county. If all of the persons, or
their designated representatives, required do not attend the
drawing, the commissioners shall adjourn the drawing to another
day. Thereupon the commissioners shall forthwith serve written
notice upon the absent officers to attend upon the adjourned day,
and the officer failing to attend upon the adjourned day himself
or by his deputy or other designated representative shall forfeit
one hundred dollars to the state, and the prosecuting attorney
shall collect the amount by civil action.
In case of the absence of the clerk or his deputy or other
designated representative upon the adjourned day, the probate
judge or his designated representative shall attend the drawing in
his stead, and in case of the absence of the sheriff, or his
deputy or other designated representative, the prosecuting
attorney, or one of his assistants or other designated
representative shall attend the drawing in his stead.
(B) All drawings of jurors shall be public on a day
designated by the commissioners of jurors. A commissioner or a
designated deputy commissioner, a judge of the court of common
pleas or the judge's designated representative, and the clerk of
the court of common pleas or the clerk's deputy or other
designated representative shall attend at the office of the
commissioners to supervise the jury list selection process.
Sec. 2313.09. (A) To conduct a drawing of jurors, the
commissioners of jurors may use any manual, electronic, or
automated method that provides each person on the annual or
supplemental jury source list with an equal, random probability of
selection. The commissioners shall document the method used. The
list drawn shall be the annual jury list or supplemental annual
jury list.
(B) The commissioners shall certify and file in their office
the annual jury list or supplemental annual jury list. The
commissioners shall enter the names on the list alphabetically in
a suitable book or record to be known as the annual jury list or
supplemental annual jury list and record with each name the
person's place of residence, date of birth, and citizenship, as
nearly as they can be ascertained. The commissioners shall certify
and file in the office of the clerk of the court of common pleas a
duplicate of the list.
Sec. 2313.251 2313.10. The (A) The commissioners of jurors
may send to a juror whose name is drawn a printed notice informing
the juror that the juror has been drawn for jury duty and will be
summoned by the sheriff or commissioners of jurors. The notice may
contain copies of the portions of Chapter 2313. of the Revised
Code that the commissioners consider advisable.
(B) The commissioners of jurors may establish an electronic
notification system to allow a person who has been drawn as a
juror to be notified electronically that the juror shall attend in
person the term jury year or part of the term jury year specified
in the notice. The types of electronic notification include, but
are not limited to, cellular telephone, pager, e-mail, or other
forms of telecommunication. If the commissioners of jurors
establish an electronic notification system, the commissioners
shall establish a procedure for implementing the system, a
procedure for the juror to select the method of electronic
notification that is applicable to the juror, and a procedure for
the juror to opt in or opt out of the electronic notification
system, whichever is applicable.
(C) If under division (B) of this section the commissioners
of jurors establish a procedure for the electronic notification of
a person who has been drawn as a juror, the notice addressed to
the juror and served pursuant to division (B) of this section
shall specify the procedure for electronically notifying the
juror.
(D) The sheriff, commissioners of jurors, or clerk of the
court of common pleas shall summon each juror to attend in person
or electronically the jury year, part of a jury year, or specified
date within a part of the jury year for which the juror was drawn
by serving upon the juror at least six days before the
commencement of the jury year, part of a jury year, or specified
date within a part of the jury year a summons addressed to the
juror stating that the juror has been drawn and is required to
attend in person the jury year, part of a jury year, or specified
date within a part of the jury year specified in the notice. The
jury commissioners or sheriff shall serve the summons by mail or
by leaving it at the juror's residence or usual place of business.
(E) When the sheriff is interested in a cause in any court of
record, only the jury commissioners shall summon the jurors.
Sec. 2313.38 2313.11. (A) When, by reason of challenge or
other cause, enough jurors to make up the panel, either of the
grand or petit jury, are not present, or if the array is set
aside, upon order of the court the sheriff or commissioners of
jurors shall immediately summon talesmen until the deficiency is
made up. If the number for a grand jury is insufficient, the court
may issue a special venire to the sheriff commanding him to summon
the persons named therein to attend forthwith as grand jurors as
many persons having the qualifications of a juror as, in the
opinion of the court, are necessary. The summoned jurors shall
appear forthwith or at such times as the court fixes.
(B) No person known to be in or about the courthouse shall be
summoned without the consent of both parties.
Sec. 2313.12. It is the policy of this state that
all every
qualified citizens have citizen has an obligation to serve on
petit juries when summoned by the courts of this state unless the
citizen is excused as provided in sections 2313.01 to 2313.46
Chapter 2313. of the Revised Code. The granting of an excuse or
postponement to a juror shall be permitted as prescribed by
sections 2313.01 to 2313.46 of the Revised Code and the general
statutes of the state. The commissioners of jurors, upon request,
shall issue to a person who is granted an excuse or postponement a
certificate of that fact, and the certificate shall excuse the
person to whom it is granted from jury service during the time
specified in the certificate or shall postpone the time for jury
service of the person to whom it is granted to the time specified
in the certificate. The commissioners shall keep a record of all
proceedings before them or in their office, of all persons who are
granted an excuse or postponement, and of the time of and reasons
for the excuse or postponement.
Sec. 2313.47 2313.13. No officer or other person charged
with a duty in selecting or summoning jurors shall exclude or fail
to summon a citizen as a grand or petit juror on account of his
race or color, national origin, gender, age, religious belief,
income, occupation, disability, or any other factor that forms the
basis of a cognizable group of citizens, provided such citizen
possesses all other qualifications required by law for jurors.
Sec. 2313.16 2313.14. (A) Except as provided by section
2313.13 2313.15 of the Revised Code, the court of common pleas or
the commissioners of jurors shall not excuse a person who is
liable to serve as a juror and who is drawn and notified, unless
it is shown to the satisfaction of the judge or commissioners by
either the juror or another person acquainted with the facts that
one or more of the following applies:
(1) The interests of the public will be materially injured by
the juror's attendance.
(2) The juror's spouse or a near relative of the juror or the
juror's spouse has recently died or is dangerously ill.
(3) The juror is a cloistered member of a religious
organization.
(4) The prospective juror has a mental or physical condition
that causes the prospective juror to be incapable of performing
jury service. The court or commissioners may require the
prospective juror, or the prospective juror's personal
representative, must to provide the court with documentation from
a physician licensed to practice medicine verifying that a mental
or physical condition renders the prospective juror unfit for jury
service for a period of up to twenty-four months the remainder of
the jury year.
(5) Jury service would otherwise cause undue or extreme
physical or financial hardship to the prospective juror or a
person under the care or supervision of the prospective juror. A
judge of the court for which the prospective juror was called to
jury service shall make undue or extreme physical or financial
hardship determinations. The judge may delegate the authority to
make these determinations to an appropriate court employee
appointed by the court.
(6) The juror is over seventy-five years of age, and the
juror requests to be excused.
(7) The prospective juror is an active member of a recognized
amish Amish sect and requests to be excused because of the
prospective juror's sincere belief that as a result of that
membership the prospective juror cannot pass judgment in a
judicial matter.
(8) The prospective juror is on active duty pursuant to an
executive order of the president of the United States, an act of
the congress of the United States, or section 5919.29 or 5923.21
of the Revised Code.
(B)(1) A prospective juror who requests to be excused from
jury service under this section shall take all actions necessary
to obtain a ruling on that request by not later than the date on
which the prospective juror is scheduled to appear for jury duty.
(2) A prospective juror who requests to be excused as
provided in division (A)(6) of this section shall inform the
appropriate court employee appointed by the court of the
prospective juror's request to be so excused by not later than the
date on which the prospective juror is scheduled to appear for
jury duty. The prospective juror shall inform that court employee
of the request to be so excused by appearing in person before the
employee or contacting the employee by telephone, in writing, or
by electronic mail.
(C)(1) For purposes of this section, undue or extreme
physical or financial hardship is limited to circumstances in
which any of the following apply:
(a) The prospective juror would be required to abandon a
person under the prospective juror's personal care or supervision
due to the impossibility of obtaining an appropriate substitute
caregiver during the period of participation in the jury pool or
on the jury.
(b) The prospective juror would incur costs that would have a
substantial adverse impact on the payment of the prospective
juror's necessary daily living expenses or on those for whom the
prospective juror provides the principal means of support.
(c) The prospective juror would suffer physical hardship that
would result in illness or disease.
(2) Undue or extreme physical or financial hardship does not
exist solely based on the fact that a prospective juror will be
required to be absent from the prospective juror's place of
employment.
(D) A prospective juror who asks a judge to grant an excuse
based on undue or extreme physical or financial hardship shall
provide the judge with documentation that the judge finds to
clearly support the request to be excused. If a prospective juror
fails to provide satisfactory documentation, the court may deny
the request to be excused.
(E) When a prospective juror who is liable to serve is
excused in a case specified in this section, the prospective juror
can be excused only by the judge presiding in the case or a
representative of the judge. An excuse, including whether or not
it is a permanent excuse or not, approved pursuant to this section
shall not extend beyond that term jury year. Every approved excuse
shall be recorded and filed with the commissioners of jurors.
After twenty-four months, a person excused from jury service shall
become eligible once again for qualification as a juror unless the
person was excused from service permanently. A person is excused
from jury service permanently only when the deciding judge
determines that the underlying grounds for being excused are of a
permanent nature.
(F) No person shall be exempted or excused from jury service
or be granted a postponement of jury service by reason of any
financial contribution to any public or private organization.
(G) The commissioners shall keep a record of all proceedings
before them or in their office, of all persons who are granted an
excuse or postponement, and of the time of and reasons for each
excuse.
Sec. 2313.13 2313.15. (A) The court of common pleas of a
county or the judge of the court of common pleas of a county, upon
a A juror may request made at least two business days before the
juror's initial appearance by a juror who appears in person or
contacts the appropriate court employee appointed by the court by
telephone, in writing, or by electronic mail, shall postpone and
the judge of the court of common pleas of a county, the
commissioners of jurors, or the appropriate court employee shall
grant, a postponement of the juror's initial appearance for jury
duty if both of the following apply:
(1) The juror has not previously been granted a postponement.
(2) The juror and the appropriate court employee appointed by
the court agree to a specified date on which the juror will appear
for jury service. The specified date shall be one on which the
court is in session and, unless extraordinary circumstances exist,
that is within the jury year and not more than six months after
the date for which the juror was originally called to serve. If
extraordinary circumstances exist, the court may, at the court's
discretion, specify a date on which the juror will appear for jury
service that is more than six months after the date for which the
juror was originally called to serve.
(B) The court of common pleas of a county or the judge of the
court of common pleas of a county may grant a second or subsequent
postponement of jury service to a juror only in the event of an
extreme emergency, such as a death in the juror's family, a sudden
illness of the juror, or a natural disaster or national emergency
in which the juror is personally involved, that could not have
been anticipated at the time the initial postponement was granted.
Before receiving a second or subsequent postponement, the juror
shall agree to a specified date on which the juror will appear for
jury service. The specified date shall be one on which the court
is in session and that is not more than six months after the date
of the postponement.
Each juror whose time of service on jury duty is postponed
until a specified date may be required to attend the opening of
court on that day and on each day after that day until the juror
is discharged, without additional summons from the court.
(C) After a juror appears for jury duty, the court of common
pleas of a county may postpone the juror's service at that term of
court for not more than three days at a time if the exigencies of
the juror's business require the juror's temporary excuse.
(D) The court of common pleas of a county, or a judge of the
court of common pleas of a county, may excuse until a specified
date one or more jurors summoned for jury duty whose attendance is
not required for the trial of issues until that day. Each juror
excused until a specified date may be required to attend the
opening of court on that day and on each day after that day until
the juror is discharged, without additional summons from the
court.
(D)(E) The court of common pleas of a county or a judge of
the court of common pleas of a county may excuse a juror, after
summoning the juror for jury duty, from service on jury duty at
that term of court for not more than three days at a time, if the
exigencies of the juror's business require the juror's temporary
excuse shall automatically postpone and reschedule to a mutually
agreeable date not more than six months from the date of the
summons the service of a summoned juror of an employer with
twenty-five or fewer full-time employees, or their equivalent, if
another employee of the employer has previously been summoned to
appear and served as a juror within thirty days prior to the date
on which that juror has been summoned and if that employee or
employee demonstrates to the satisfaction of the court that the
other employee was so summoned and did serve and that the employer
has twenty-five or fewer full-time employees or their equivalent.
Sec. 2313.41 2313.16. A challenge to the array may be made
and the by any party. The whole array may be set aside by the
court when the jury, grand or petit, was not selected, drawn, or
summoned, or when the officer who executed the venire did not
proceed as prescribed by law. No challenge to the array shall be
made or the whole array set aside by the court, by reason of the
misnomer of a juror; but on challenge, a juror may be set aside by
reason of a misnomer in his name; but such challenge shall only be
made before the jury is impaneled and sworn, and no as required by
Chapter 2313. of the Revised Code or if any group protected by
section 2313.13 of the Revised Code is systematically excluded
from the jury selection process. No indictment shall be quashed or
verdict set aside for any such irregularity or misnomer in the
selection of jurors if the jurors who formed the same possessed
the requisite qualifications to act as jurors.
Sec. 2313.42 2313.17. (A) Any person called as a juror for
the trial of any cause shall be examined under oath or upon
affirmation as to his the person's qualifications. A person is
qualified to serve as a juror if he is an elector of the county
and has been certified by the board of elections pursuant to
section 2313.06 of the Revised Code. A person also is qualified to
serve as a juror if he the person is eighteen years of age or
older, is a resident of the county, and is an elector or would be
an elector if he the person were registered to vote, regardless of
whether he the person actually is registered to vote, and has been
certified by the registrar of motor vehicles pursuant to section
2313.06 of the Revised Code or otherwise as having a valid and
current driver's or commercial driver's license.
(B) The following are good causes for challenge to any person
called as a juror:
(A)(1) That he the person has been convicted of a crime which
that by law renders him the person disqualified to serve on a
jury;
(B)(2) That he the person has an interest in the cause;
(C)(3) That he the person has an action pending between him
the person and either party;
(D)(4) That he the person formerly was a juror in the same
cause;
(E)(5) That he the person is the employer, the employee, or
the spouse, parent, son, or daughter of the employer or employee,
counselor, agent, steward, or attorney of either party;
(F)(6) That he the person is subpoenaed in good faith as a
witness in the cause;
(G)(7) That he the person is akin by consanguinity or
affinity within the fourth degree, to either party, or to the
attorney of either party;
(H)(8) That he the person or his the person's spouse, parent,
son, or daughter is a party to another action then pending in any
court in which an attorney in the cause then on trial is an
attorney, either for or against him any such party to another such
action;
(I) That he, not being a regular juror of the term, has
already served as a talesman in the trial of any cause, in any
court of record in the county within the preceding twelve months;
(J)(9) That he the person discloses by his the person's
answers that he the person cannot be a fair and impartial juror or
will not follow the law as given to
him the person by the court.
(C) Each challenge listed in division (B) of this section
shall be considered as a principal challenge, and its validity
tried by the court.
(D) In addition to the causes listed in division (B) of this
section, any petit juror may be challenged on suspicion of
prejudice against or partiality for either party, or for want of a
competent knowledge of the English language, or other cause that
may render the juror at the time an unsuitable juror. The validity
of the challenge shall be determined by the court and be sustained
if the court has any doubt as to the juror's being entirely
unbiased.
Sec. 2313.11 2313.18. (A) If a prospective juror fails to
attend as specified in the notice referred to in section 2313.10
of the Revised Code or a prospective juror refuses to be sworn or
to answer any legal and pertinent question put to the prospective
juror by a commissioner of jurors, the commissioner shall report
that fact to the court. One or more successive notices may be
served upon the same person when the person fails to attend as
required by the former notice. When a person has so attended twice
for examination, the person cannot be required to attend again in
the same jury year.
(B) No prospective juror shall fail to answer any legal and
pertinent question put to the prospective juror by the court or
commissioners of jurors.
(B) If a prospective juror is required to answer written
questions during the voir dire process, the questionnaire shall
contain a prominent legend advising the prospective juror that the
juror has the right to request and have an in-camera hearing on
the record with counsel for the parties present regarding any
legitimate privacy interest of the prospective juror.
(C) The court shall inform a prospective juror that if a
question put to the prospective juror involves a legitimate
privacy interest of that prospective juror the prospective juror
has the right to request and have an in-camera hearing, on the
record and with an attorney counsel for the parties present,
regarding any legal and pertinent to respond to that question put
to the prospective juror by the court. The court is not required
to hold an in-camera hearing under this division unless the
information that is contained in the response to the question put
to the prospective juror by the court is requested by any person,
and the prospective juror requests that the information should not
be released.
Sec. 2313.18 2313.19. (A) No employer shall discharge,
threaten to discharge, or take any disciplinary action that could
lead to the discharge of any permanent employee who is summoned to
serve as a juror pursuant to Chapter 2313. of the Revised Code if
the employee gives reasonable notice to the employer of the
summons prior to the commencement of the employee's service as a
juror and if the employee is absent from employment because of the
actual jury service.
(B) No employer shall require or request an employee to use
annual, vacation, or sick leave for time spent responding to a
summons for jury duty, time spent participating in the jury
selection process, or for time spent actually serving on a jury.
Nothing in this division requires an employer to provide annual,
vacation, or sick leave to employees under the provisions of this
section who otherwise are not entitled to those benefits under the
employer's policies.
(C) A court shall automatically postpone and reschedule the
service of a summoned juror of an employer with twenty-five or
fewer full-time employees, or their equivalent, if another
employee of that employer has previously been summoned to appear
during the same term or part of a term of that court for which
that juror has been summoned and if that employer or employee
demonstrates to the sufficiency of the court that the other
employee has been so summoned. A postponement under this division
does not constitute the excused individual's right to one
automatic postponement pursuant to section 2313.13 of the Revised
Code.
(D) Whoever violates this section shall be punished as for a
contempt of court pursuant to Chapter 2705. of the Revised Code.
Sec. 2313.29 2313.20. No person whose name is drawn and who
is notified to attend a term or jury year, part of a term of a
court of record jury year, or specified date within a part of a
jury year as a juror or who has had the person's jury service
postponed shall fail to attend at the time specified in the
notice, or from day to day.
A fine imposed for the violation of this section under
division (A) of section 2313.99 of the Revised Code may be wholly
or partly remitted by direction of the judge in open court, before
the end of the same term, and upon good cause shown; otherwise it
shall not be remitted. Each remission so made by the judge, with
the reason for the remission, shall be entered on the journal of
the court. This section applies to an additional grand juror or a
special juror, as well as to the regular petit juror.
Sec. 2313.21. (A) A person who is summoned as a juror and
who has actually served as a juror in any county of the state
under Chapter 2313. of the Revised Code for two consecutive
calendar weeks shall be discharged by the court, except that the
person shall not be so discharged until the close of a trial in
which the person may be serving when the person's jury term
expires.
(B) A person who is discharged as prescribed in this section
is thereafter prohibited from jury service in any court of the
state until the second jury year after the day of the person's
last service, except that in counties of less than one hundred
thousand population the court shall make rules in the county
applicable to subsequent jury service by persons of that nature.
(C) Whenever the certificates of the clerk of the court of
common pleas show that a person is entitled to a discharge as
prescribed in this section, the commissioners of jurors upon
request shall certify to that fact. No person shall be exempted
from jury service for any reason, but a person may be excused from
jury service or have the person's jury service postponed in
accordance with Chapter 2313. of the Revised Code and the general
statutes of the state.
Sec. 2313.34 2313.22. (A) A person who is summoned as a
juror and who has actually served as a juror in any county of the
state under sections 2313.01 to 2313.46 of the Revised Code for
two consecutive calendar weeks shall be discharged by the court,
except that the person shall not be so discharged until the close
of a trial in which the person may be serving when the person's
jury term expires.
(B)(1) The board of county commissioners by resolution shall
fix the compensation of each juror payable out of the county
treasury.
(2)(B) After ten days of actual service, except as otherwise
authorized by this division (B)(2) of this section, the
compensation of a juror shall be fixed for each additional day of
actual service at an amount equal to the greater of fifteen
dollars or one and one-half times the compensation fixed pursuant
to division (B)(1)(A) of this section. The board of county
commissioners by resolution may set the compensation at a greater
amount that shall not exceed two times the compensation fixed
pursuant to division (B)(1)(A) of this section.
(3)(C) Residents of townships that are comprised composed
entirely of islands shall be reimbursed for the additional
transportation costs they incur to serve as a juror, in the amount
certified to be due by a judge of the court in which the jury
service is performed.
(C) A person who is discharged as prescribed in this section
is thereafter prohibited from jury service in any court of the
state until the second jury year after the day of the person's
last service, except in counties of less than one hundred thousand
population, in which cases the court shall make rules in the
county applicable to subsequent jury service by persons of that
nature.
(D) Whenever the certificates of the clerk of the court of
common pleas show that a person is entitled to a discharge as
prescribed in this section, the commissioners of jurors, upon
request, shall certify to that fact. No person shall be exempted
from jury service for any reason, but a person may be excused from
jury service or have the person's jury service postponed in
accordance with sections 2313.01 to 2313.46 of the Revised Code
and the general statutes of the state.
(E) No person shall be exempted or excused from jury service
or be granted a postponement of jury service by reason of any
financial contribution to any public or private organization.
Sec. 2313.23. The court of common pleas of a county by
general order filed with the clerk of the court shall determine
the retention period for all documents and electronic media filed
with the commissioners of jurors in compliance with applicable
rules of superintendence for the courts of Ohio.
Sec. 2313.46 2313.24. Sections 2313.01 to 2313.46 and
Chapter Chapters 2313. and 2315. of the Revised Code do not
contravene or affect any section of the Revised Code relating to
jurors in the inferior courts in any county of the state.
Sec. 2313.99. (A) Whoever violates section 2313.10, 2313.11,
2313.29, or 2313.30 2313.18, 2313.19, or 2313.20 of the Revised
Code may be fined not less than one hundred nor more than two
hundred fifty dollars and may be punished as for contempt of court
pursuant to Chapter 2705. of the Revised Code.
(B) Whoever violates section 2313.47 2313.13 of the Revised
Code shall be fined not less than fifty nor more than five hundred
dollars, imprisoned not less than thirty nor more than ninety
days, or both.
(C) Any fine assessed for a contempt against a person
summoned or who has qualified as a juror may be collected by
execution and shall be paid into the county treasury and disbursed
as other fines.
Sec. 2335.28. (A) Except as provided in division (B) of this
section, in any civil action in a court of common pleas in which a
jury is sworn and a verdict is returned, the fees of the jurors
sworn shall be taxed as costs unless the court determines that the
payment of the fees by a party against whom they are proposed to
be taxed would cause significant financial hardship to that party
or would not be in the interest of justice.
(B)(1) If a civil action in a court of common pleas in which
a jury has been summoned but not sworn is settled or does not
otherwise go forward, the fees of the jurors summoned may be taxed
as costs at the discretion of the trial court.
(2) If a civil action in a court of common pleas is settled
after jurors are sworn, the fees of the jurors sworn shall be paid
in accordance with the settlement agreement. If the agreement does
not provide for the payment of the fees, the court shall order
that the fees be paid by any party, allocated among the parties,
or paid by the county. In making this determination, the court
shall consider whether the payment of the fees by a party against
whom they are proposed to be taxed would cause significant
financial hardship to that party or would not be in the interest
of justice of the jurors sworn may be taxed as costs at the
discretion of the trial court.
(C) Upon receipt of fees taxed as costs under division (A) or
(B) of this section or paid in accordance with a settlement
agreement, the clerk of the court shall pay the fees to the county
treasurer to be deposited in the county treasury.
(D) If any juror serves on more than one jury on the same
day, the court shall tax the juror's jury fees for that day as
costs equally among the parties who are required to pay the fees
under this section either as determined by the court or pursuant
to a settlement agreement.
(E) Jury fees shall be taxed as costs pursuant to this
section for each day or part of a day that a sworn juror serves.
Sec. 2938.05. Claim of jury, once made, may be withdrawn by
written waiver of jury but in such case the court may, if a jury
has been summoned, require accused to pay all costs of mileage and
fees of members of the venire summoned jurors for one day's
service, notwithstanding the outcome of the case. No withdrawal of
claim for jury shall effect any re-transfer of a case, once it has
been certified to a court of record.
Sec. 2938.14. Venires for juries Jurors in courts of record
inferior to the court of common pleas shall be drawn and summoned
in the manner provided in the various acts creating such courts.
But no challenge to the array shall be sustained in any case for
the reason that some of the venire jurors are not residents of the
territory of the court, if it appears that the venire was jurors
were regularly drawn and certified by the jury commissioners of
county or municipality as the case may be.
Sec. 2939.02. Grand juries shall consist of fifteen persons
who satisfy the qualifications of a juror specified in section
2313.42 2313.17 of the Revised Code. Persons to serve as grand
jurors in the court of common pleas of each county shall be
selected from the persons whose names are contained in the annual
jury list and from the ballots deposited in the jury wheel, or in
the automation data processing storage drawer, or from the names
contained in an automated data processing information storage
device as prescribed by sections 2313.07, 2313.08, and 2313.35 of
the Revised Code.
At the time of the selection of the persons who are to
constitute the grand jury, the commissioners of jurors shall
randomly draw from the annual jury wheel, or draw by utilizing the
automation data processing equipment and procedures described in
section 2313.07 of the Revised Code, ballots containing list the
names of not less
fewer than twenty-five persons. The first
fifteen persons whose names are drawn shall constitute the grand
jury, if they can be located and served by the sheriff, and if
they are not excused by the court or a judge of the court. If any
of the first fifteen persons whose names are so drawn are not
located or are unable to serve and are for that reason excused by
the court or by a judge of the court, whose duty it is to
supervise the impaneling of the grand jury, the judge shall then
designate the person whose name next appears on the list of
persons drawn, to serve in the place of the person not found or
excused and shall so continue to substitute the names of the
persons drawn in the order in which they were drawn, to fill all
vacancies resulting from persons not being found or having been
excused by the court or the judge of the court, until the
necessary fifteen persons are selected to make up the grand jury.
If all of the names appearing on the list of persons drawn are
exhausted before the grand jury is complete, the judge shall order
the commissioners of jurors to draw such additional names as the
judge determines, and shall proceed to fill the vacancies from
those names in the order in which they are drawn.
The judge of the court of common pleas may select any person
who satisfies the qualifications of a juror and whose name is not
included in the annual jury list or on a ballot deposited in the
jury wheel or automation data processing storage drawer, or whose
name is not contained in an automated data processing information
storage device, to preside as foreman foreperson of the grand
jury, in which event the grand jury shall consist of the foreman
foreperson so selected and fourteen additional grand jurors
selected from the annual jury wheel or by use of the automation
data processing equipment and procedures in the manner provided in
this section list.
Sec. 2939.03. A Except for a foreperson selected by the
judge of the court of common pleas under section 2939.02 of the
Revised Code, a grand jury is drawn and notified by the same
persons, from the same jury wheel, automation data processing
storage drawer, or automated data processing information storage
device, and in the same manner as other jurors are drawn and
notified under sections 2939.02 to 2939.04 and 2313.01 to 2313.46
Chapter 2313. of the Revised Code. Grand jurors so drawn and
notified are not entitled to an exemption for any reason but may
be excused from service or have their service postponed for the
same reasons and in the same manner as other jurors under
those
sections that chapter and not otherwise. Grand jurors are subject
to the same fines and penalties for nonattendance and otherwise as
are other jurors under
those sections that chapter. The duties and
the powers of courts of common pleas, clerks of courts of common
pleas, and commissioners of jurors in regard to grand jurors in
all respects are the same as in regard to other jurors.
Sec. 2945.24. In all criminal cases, a jury summoned and
impaneled under
section 2313.01 to 2313.47 Chapter 2313. of the
Revised Code shall try the accused.
Sec. 2947.23. (A)(1) In all criminal cases, including
violations of ordinances, the judge or magistrate shall include in
the sentence the costs of prosecution, including any costs under
section 2947.231 of the Revised Code, and render a judgment
against the defendant for such costs. At the time the judge or
magistrate imposes sentence, the judge or magistrate shall notify
the defendant of both of the following:
(a) If the defendant fails to pay that judgment or fails to
timely make payments towards that judgment under a payment
schedule approved by the court, the court may order the defendant
to perform community service in an amount of not more than forty
hours per month until the judgment is paid or until the court is
satisfied that the defendant is in compliance with the approved
payment schedule.
(b) If the court orders the defendant to perform the
community service, the defendant will receive credit upon the
judgment at the specified hourly credit rate per hour of community
service performed, and each hour of community service performed
will reduce the judgment by that amount.
(2) The following shall apply in all criminal cases:
(a) If a jury has been sworn at the trial of a case, the fees
of the jurors shall be included in the costs, which shall be paid
to the public treasury from which the jurors were paid.
(b) If a jury has not been sworn at the trial of a case
because of a defendant's failure to appear without good cause or
because the defendant entered a plea of guilty or no contest less
than twenty-four hours before the scheduled commencement of the
trial, the costs incurred in summoning jurors for that particular
trial may be included in the costs of prosecution. If the costs
incurred in summoning jurors are assessed against the defendant,
those costs shall be paid to the public treasury from which the
jurors were paid.
(B) If a judge or magistrate has reason to believe that a
defendant has failed to pay the judgment described in division (A)
of this section or has failed to timely make payments towards that
judgment under a payment schedule approved by the judge or
magistrate, the judge or magistrate shall hold a hearing to
determine whether to order the offender to perform community
service for that failure. The judge or magistrate shall notify
both the defendant and the prosecuting attorney of the place,
time, and date of the hearing and shall give each an opportunity
to present evidence. If, after the hearing, the judge or
magistrate determines that the defendant has failed to pay the
judgment or to timely make payments under the payment schedule and
that imposition of community service for the failure is
appropriate, the judge or magistrate may order the offender to
perform community service in an amount of not more than forty
hours per month until the judgment is paid or until the judge or
magistrate is satisfied that the offender is in compliance with
the approved payment schedule. If the judge or magistrate orders
the defendant to perform community service under this division,
the defendant shall receive credit upon the judgment at the
specified hourly credit rate per hour of community service
performed, and each hour of community service performed shall
reduce the judgment by that amount. Except for the credit and
reduction provided in this division, ordering an offender to
perform community service under this division does not lessen the
amount of the judgment and does not preclude the state from taking
any other action to execute the judgment.
(C) As used in this section, "specified hourly credit rate"
means the wage rate that is specified in 26 U.S.C.A. 206(a)(1)
under the federal Fair Labor Standards Act of 1938, that then is
in effect, and that an employer subject to that provision must pay
per hour to each of the employer's employees who is subject to
that provision.
Sec. 3314.03. A copy of every contract entered into under
this section shall be filed with the superintendent of public
instruction.
(A) Each contract entered into between a sponsor and the
governing authority of a community school shall specify the
following:
(1) That the school shall be established as either of the
following:
(a) A nonprofit corporation established under Chapter 1702.
of the Revised Code, if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter
1702. of the Revised Code, if established after April 8, 2003.
(2) The education program of the school, including the
school's mission, the characteristics of the students the school
is expected to attract, the ages and grades of students, and the
focus of the curriculum;
(3) The academic goals to be achieved and the method of
measurement that will be used to determine progress toward those
goals, which shall include the statewide achievement assessments;
(4) Performance standards by which the success of the school
will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the Revised
Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an
attendance policy that includes a procedure for automatically
withdrawing a student from the school if the student without a
legitimate excuse fails to participate in one hundred five
consecutive hours of the learning opportunities offered to the
student.
(7) The ways by which the school will achieve racial and
ethnic balance reflective of the community it serves;
(8) Requirements for financial audits by the auditor of
state. The contract shall require financial records of the school
to be maintained in the same manner as are financial records of
school districts, pursuant to rules of the auditor of state.
Audits shall be conducted in accordance with section 117.10 of the
Revised Code.
(9) The facilities to be used and their locations;
(10) Qualifications of teachers, including the following:
(a) A requirement that the school's classroom teachers be
licensed in accordance with sections 3319.22 to 3319.31 of the
Revised Code, except that a community school may engage
noncertificated persons to teach up to twelve hours per week
pursuant to section 3319.301 of the Revised Code;
(b) A requirement that each classroom teacher initially hired
by the school on or after July 1, 2013, and employed to provide
instruction in physical education hold a valid license issued
pursuant to section 3319.22 of the Revised Code for teaching
physical education.
(11) That the school will comply with the following
requirements:
(a) The school will provide learning opportunities to a
minimum of twenty-five students for a minimum of nine hundred
twenty hours per school year.
(b) The governing authority will purchase liability
insurance, or otherwise provide for the potential liability of the
school.
(c) The school will be nonsectarian in its programs,
admission policies, employment practices, and all other
operations, and will not be operated by a sectarian school or
religious institution.
(d) The school will comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.18 2313.19, 3301.0710,
3301.0711, 3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536,
3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015, 3313.643,
3313.648, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667,
3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716,
3313.718, 3313.719, 3313.80, 3313.814, 3313.816, 3314.817,
3313.86, 3313.96, 3319.073, 3319.321, 3319.39, 3319.391, 3319.41,
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters
117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167.
of the Revised Code as if it were a school district and will
comply with section 3301.0714 of the Revised Code in the manner
specified in section 3314.17 of the Revised Code.
(e) The school shall comply with Chapter 102. and section
2921.42 of the Revised Code.
(f) The school will comply with sections 3313.61, 3313.611,
and 3313.614 of the Revised Code, except that for students who
enter ninth grade for the first time before July 1, 2010, the
requirement in sections 3313.61 and 3313.611 of the Revised Code
that a person must successfully complete the curriculum in any
high school prior to receiving a high school diploma may be met by
completing the curriculum adopted by the governing authority of
the community school rather than the curriculum specified in Title
XXXIII of the Revised Code or any rules of the state board of
education. Beginning with students who enter ninth grade for the
first time on or after July 1, 2010, the requirement in sections
3313.61 and 3313.611 of the Revised Code that a person must
successfully complete the curriculum of a high school prior to
receiving a high school diploma shall be met by completing the
Ohio core curriculum prescribed in division (C) of section
3313.603 of the Revised Code, unless the person qualifies under
division (D) or (F) of that section. Each school shall comply with
the plan for awarding high school credit based on demonstration of
subject area competency, adopted by the state board of education
under division (J) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit within four
months after the end of each school year a report of its
activities and progress in meeting the goals and standards of
divisions (A)(3) and (4) of this section and its financial status
to the sponsor and the parents of all students enrolled in the
school.
(h) The school, unless it is an internet- or computer-based
community school, will comply with sections 3313.674 and 3313.801
of the Revised Code as if it were a school district.
(12) Arrangements for providing health and other benefits to
employees;
(13) The length of the contract, which shall begin at the
beginning of an academic year. No contract shall exceed five years
unless such contract has been renewed pursuant to division (E) of
this section.
(14) The governing authority of the school, which shall be
responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget
for each year of the period of the contract and specifying the
total estimated per pupil expenditure amount for each such year.
The plan shall specify for each year the base formula amount that
will be used for purposes of funding calculations under section
3314.08 of the Revised Code. This base formula amount for any year
shall not exceed the formula amount defined under section 3317.02
of the Revised Code. The plan may also specify for any year a
percentage figure to be used for reducing the per pupil amount of
the subsidy calculated pursuant to section 3317.029 of the Revised
Code the school is to receive that year under section 3314.08 of
the Revised Code.
(16) Requirements and procedures regarding the disposition of
employees of the school in the event the contract is terminated or
not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by converting all or
part of an existing public school or educational service center
building or is to be a new start-up school, and if it is a
converted public school or service center building, specification
of any duties or responsibilities of an employer that the board of
education or service center governing board that operated the
school or building before conversion is delegating to the
governing authority of the community school with respect to all or
any specified group of employees provided the delegation is not
prohibited by a collective bargaining agreement applicable to such
employees;
(18) Provisions establishing procedures for resolving
disputes or differences of opinion between the sponsor and the
governing authority of the community school;
(19) A provision requiring the governing authority to adopt a
policy regarding the admission of students who reside outside the
district in which the school is located. That policy shall comply
with the admissions procedures specified in sections 3314.06 and
3314.061 of the Revised Code and, at the sole discretion of the
authority, shall do one of the following:
(a) Prohibit the enrollment of students who reside outside
the district in which the school is located;
(b) Permit the enrollment of students who reside in districts
adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any other
district in the state.
(20) A provision recognizing the authority of the department
of education to take over the sponsorship of the school in
accordance with the provisions of division (C) of section 3314.015
of the Revised Code;
(21) A provision recognizing the sponsor's authority to
assume the operation of a school under the conditions specified in
division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to
inspect the facilities of the school and to order the facilities
closed if those officials find that the facilities are not in
compliance with health and safety laws and regulations;
(b) The authority of the department of education as the
community school oversight body to suspend the operation of the
school under section 3314.072 of the Revised Code if the
department has evidence of conditions or violations of law at the
school that pose an imminent danger to the health and safety of
the school's students and employees and the sponsor refuses to
take such action;
(23) A description of the learning opportunities that will be
offered to students including both classroom-based and
non-classroom-based learning opportunities that is in compliance
with criteria for student participation established by the
department under division (L)(2) of section 3314.08 of the Revised
Code;
(24) The school will comply with sections 3302.04 and
3302.041 of the Revised Code, except that any action required to
be taken by a school district pursuant to those sections shall be
taken by the sponsor of the school. However, the sponsor shall not
be required to take any action described in division (F) of
section 3302.04 of the Revised Code.
(25) Beginning in the 2006-2007 school year, the school will
open for operation not later than the thirtieth day of September
each school year, unless the mission of the school as specified
under division (A)(2) of this section is solely to serve dropouts.
In its initial year of operation, if the school fails to open by
the thirtieth day of September, or within one year after the
adoption of the contract pursuant to division (D) of section
3314.02 of the Revised Code if the mission of the school is solely
to serve dropouts, the contract shall be void.
(B) The community school shall also submit to the sponsor a
comprehensive plan for the school. The plan shall specify the
following:
(1) The process by which the governing authority of the
school will be selected in the future;
(2) The management and administration of the school;
(3) If the community school is a currently existing public
school or educational service center building, alternative
arrangements for current public school students who choose not to
attend the converted school and for teachers who choose not to
teach in the school or building after conversion;
(4) The instructional program and educational philosophy of
the school;
(5) Internal financial controls.
(C) A contract entered into under section 3314.02 of the
Revised Code between a sponsor and the governing authority of a
community school may provide for the community school governing
authority to make payments to the sponsor, which is hereby
authorized to receive such payments as set forth in the contract
between the governing authority and the sponsor. The total amount
of such payments for oversight and monitoring of the school shall
not exceed three per cent of the total amount of payments for
operating expenses that the school receives from the state.
(D) The contract shall specify the duties of the sponsor
which shall be in accordance with the written agreement entered
into with the department of education under division (B) of
section 3314.015 of the Revised Code and shall include the
following:
(1) Monitor the community school's compliance with all laws
applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal performance
and the organization and operation of the community school on at
least an annual basis;
(3) Report on an annual basis the results of the evaluation
conducted under division (D)(2) of this section to the department
of education and to the parents of students enrolled in the
community school;
(4) Provide technical assistance to the community school in
complying with laws applicable to the school and terms of the
contract;
(5) Take steps to intervene in the school's operation to
correct problems in the school's overall performance, declare the
school to be on probationary status pursuant to section 3314.073
of the Revised Code, suspend the operation of the school pursuant
to section 3314.072 of the Revised Code, or terminate the contract
of the school pursuant to section 3314.07 of the Revised Code as
determined necessary by the sponsor;
(6) Have in place a plan of action to be undertaken in the
event the community school experiences financial difficulties or
closes prior to the end of a school year.
(E) Upon the expiration of a contract entered into under this
section, the sponsor of a community school may, with the approval
of the governing authority of the school, renew that contract for
a period of time determined by the sponsor, but not ending earlier
than the end of any school year, if the sponsor finds that the
school's compliance with applicable laws and terms of the contract
and the school's progress in meeting the academic goals prescribed
in the contract have been satisfactory. Any contract that is
renewed under this division remains subject to the provisions of
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.
(F) If a community school fails to open for operation within
one year after the contract entered into under this section is
adopted pursuant to division (D) of section 3314.02 of the Revised
Code or permanently closes prior to the expiration of the
contract, the contract shall be void and the school shall not
enter into a contract with any other sponsor. A school shall not
be considered permanently closed because the operations of the
school have been suspended pursuant to section 3314.072 of the
Revised Code. Any contract that becomes void under this division
shall not count toward any statewide limit on the number of such
contracts prescribed by section 3314.013 of the Revised Code.
Sec. 3326.11. Each science, technology, engineering, and
mathematics school established under this chapter and its
governing body shall comply with sections 9.90, 9.91, 109.65,
121.22, 149.43, 2151.357, 2151.421, 2313.18 2313.19, 2921.42,
2921.43, 3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,
3313.536, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6015,
3313.61, 3313.611, 3313.614, 3313.615, 3313.643, 3313.648,
3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.67,
3313.671, 3313.672, 3313.673, 3313.674, 3313.69, 3313.71,
3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3313.814,
3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21, 3319.32,
3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3321.01,
3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3321.191,
3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 102., 117.,
1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and
4167. of the Revised Code as if it were a school district.
Sec. 5155.12. Witnesses may be subpoenaed on a hearing under
section 5155.09 of the Revised Code. They shall be entitled to
receive the same fees and mileage as provided by section 2335.08
of the Revised Code. Such subpoenas may be served by the sheriff
or the superintendent or administrator of the county home. The
sheriff and the jurors shall receive the same fees and mileage as
provided by sections 311.17 and 2313.34 2313.22 of the Revised
Code.
Sec. 5563.05. If the probate judge or common pleas judge
finds that an appeal in a road improvement case has been properly
perfected, and that the proceedings are substantially regular, he
the judge shall fix a day, not more than twenty days after such
the finding, for the trial of the case by jury. Such The jury
shall be selected from the jurors drawn as prescribed in sections
2313.19 to 2313.26, inclusive, Chapter 2313. of the Revised Code.
Section 2. That existing sections 3.08, 163.10, 311.17,
509.15, 733.73, 733.74, 1901.25, 1907.28, 2101.30, 2311.42,
2313.01, 2313.02, 2313.03, 2313.05, 2313.11, 2313.12, 2313.13,
2313.16, 2313.18, 2313.19, 2313.20, 2313.251, 2313.29, 2313.34,
2313.38, 2313.41, 2313.42, 2313.46, 2313.47, 2313.99, 2335.28,
2938.05, 2938.14, 2939.02, 2939.03, 2945.24, 2947.23, 3314.03,
3326.11, 5155.12, and 5563.05 and sections
2313.04, 2313.06,
2313.07, 2313.08, 2313.09, 2313.10, 2313.14,
2313.15,
2313.21,
2313.22, 2313.23, 2313.24, 2313.25, 2313.26,
2313.30,
2313.32,
2313.33, 2313.35, 2313.36, 2313.37, 2313.39, 2313.40,
2313.43,
and
2313.45 of the Revised Code are hereby repealed.
Section 3. The amendments by Sub. S.B. 210 of the 128th
General Assembly to sections 3314.03 and 3326.11 of the Revised
Code that insert "3313.814, 3313.816, 3313.817" into the sections
and that are included in sections 3314.03 and 3326.11 of the
Revised Code as amended by this act take effect July 1, 2011.
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