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H. B. No. 28 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Stautberg, Letson
Cosponsors:
Representatives Murray, Derickson, O'Brien, Okey, Szollosi, McClain, Mecklenborg
A BILL
To amend sections 2101.11 and 2151.13 of the Revised
Code to eliminate personal liability for probate
and juvenile judges for the default, malfeasance,
or nonfeasance of any appointee or employee.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2101.11 and 2151.13 of the Revised
Code be amended to read as follows:
Sec. 2101.11. (A)(1) The probate judge shall have the care
and custody of the files, papers, books, and records belonging to
the probate court. The probate judge is authorized to perform the
duties of clerk of the judge's court. The probate judge may
appoint deputy clerks, stenographers, a bailiff, and any other
necessary employees, each of whom shall take an oath of office
before entering upon the duties of the employee's appointment and,
when so qualified, may perform the duties appertaining to the
office of clerk of the court.
(2)(a) The probate judge shall provide for one or more
probate court investigators to perform the duties that are
established for a probate court investigator by the Revised Code
or the probate judge. The probate judge may provide for an
investigator in any of the following manners, as the court
determines is appropriate:
(i) By appointing a person as a full-time or part-time
employee of the probate court to serve as investigator, or by
designating a current full-time or part-time employee of the
probate court to serve as investigator;
(ii) By contracting with a person to serve and be compensated
as investigator only when needed by the probate court, as
determined by the court, and by designating that person as a
probate court investigator during the times when the person is
performing the duties of an investigator for the court;
(iii) By entering into an agreement with another department
or agency of the county, including, but not limited to, the
sheriff's department or the county department of job and family
services, pursuant to which an employee of the other department or
agency will serve and perform the duties of investigator for the
court, upon request of the probate judge, and designating that
employee as a probate court investigator during the times when the
person is performing the duties of an investigator for the court.
(b) Each person appointed or otherwise designated as a
probate court investigator shall take an oath of office before
entering upon the duties of the person's appointment. When so
qualified, an investigator may perform the duties that are
established for a probate court investigator by the Revised Code
or the probate judge.
(c) Except as otherwise provided in this division, a probate
court investigator shall hold at least a bachelor's degree in
social work, psychology, education, special education, or a
related human services field. A probate judge may waive the
education requirement of this division for a person the judge
appoints or otherwise designates as a probate court investigator
if the judge determines that the person has experience in family
services work that is equivalent to the required education.
(d) Within one year after appointment or designation, a
probate court investigator shall attend an orientation course of
at least six hours, and each calendar year after the calendar year
of appointment or designation, a probate court investigator shall
satisfactorily complete at least six hours of continuing
education.
(e) For purposes of divisions (A)(4), (B), and (C) of this
section, a person designated as a probate court investigator under
division (A)(2)(a)(ii) or (iii) of this section shall be
considered an appointee of the probate court at any time that the
person is performing the duties established under the Revised Code
or by the probate judge for a probate court investigator.
(3)(a) The probate judge may provide for one or more persons
to perform the duties of an assessor under sections 3107.031,
3107.032, 3107.082, 3107.09, 3107.101, and 3107.12 of the Revised
Code or may enter into agreements with public children services
agencies, private child placing agencies, or private noncustodial
agencies under which the agency provides for one or more persons
to perform the duties of an assessor. A probate judge who provides
for an assessor shall do so in either of the following manners, as
the judge considers appropriate:
(i) By appointing a person as a full-time or part-time
employee of the probate court to serve as assessor, or by
designating a current full-time or part-time employee of the
probate court to serve as assessor;
(ii) By contracting with a person to serve and be compensated
as assessor only when needed by the probate court, as determined
by the court, and by designating that person as an assessor during
the times when the person is performing the duties of an assessor
for the court.
(b) Each person appointed or designated as a probate court
assessor shall take an oath of office before entering on the
duties of the person's appointment.
(c) A probate court assessor must meet the qualifications for
an assessor established by section 3107.014 of the Revised Code.
(d) A probate court assessor shall perform additional duties,
including duties of an investigator under division (A)(2) of this
section, when the probate judge assigns additional duties to the
assessor.
(e) For purposes of divisions (A)(4), (B), and (C) of this
section, a person designated as a probate court assessor shall be
considered an appointee of the probate court at any time that the
person is performing assessor duties.
(4) Each appointee of the probate judge may administer oaths
in all cases when necessary, in the discharge of official duties.
(B)(1)(a) Subject to the appropriation made by the board of
county commissioners pursuant to this division, each appointee of
a probate judge under division (A) of this section shall receive
such compensation and expenses as the judge determines and shall
serve during the pleasure of the judge. The compensation of each
appointee shall be paid in semimonthly installments by the county
treasurer from the county treasury, upon the warrants of the
county auditor, certified to by the judge.
(b) Except as otherwise provided in the Revised Code, the
total compensation paid to all appointees of the probate judge in
any calendar year shall not exceed the total fees earned by the
probate court during the preceding calendar year, unless the board
of county commissioners approves otherwise.
(2) The probate judge annually shall submit a written request
for an appropriation to the board of county commissioners that
shall set forth estimated administrative expenses of the court,
including the salaries of appointees as determined by the judge
and any other costs, fees, and expenses, including, but not
limited to, those enumerated in section 5123.96 of the Revised
Code, that the judge considers reasonably necessary for the
operation of the court. The board shall conduct a public hearing
with respect to the written request submitted by the judge and
shall appropriate such sum of money each year as it determines,
after conducting the public hearing and considering the written
request of the judge, is reasonably necessary to meet all the
administrative expenses of the court, including the salaries of
appointees as determined by the judge and any other costs, fees,
and expenses, including, but not limited to, the costs, fees, and
expenses enumerated in section 5123.96 of the Revised Code.
If the judge considers the appropriation made by the board
pursuant to this division insufficient to meet all the
administrative expenses of the court, the judge shall commence an
action under Chapter 2731. of the Revised Code in the court of
appeals for the judicial district for a determination of the duty
of the board of county commissioners to appropriate the amount of
money in dispute. The court of appeals shall give priority to the
action filed by the probate judge over all cases pending on its
docket. The burden shall be on the probate judge to prove that the
appropriation requested is reasonably necessary to meet all
administrative expenses of the court. If, prior to the filing of
an action under Chapter 2731. of the Revised Code or during the
pendency of the action, the judge exercises the judge's contempt
power in order to obtain the sum of money in dispute, the judge
shall not order the imprisonment of any member of the board of
county commissioners notwithstanding sections 2705.02 to 2705.06
of the Revised Code.
(C) The probate judge may require any of the judge's
appointees to give bond in the sum of not less than one thousand
dollars, conditioned for the honest and faithful performance of
the appointee's duties. The sureties on the bonds shall be
approved in the manner provided in section 2101.03 of the Revised
Code.
The judge is shall not be personally liable for the default,
malfeasance, or nonfeasance of any such appointee, but, if a bond
is required of the appointee, the liability of the judge is
limited to the amount by which the loss resulting from the
default, malfeasance, or nonfeasance exceeds the amount of the
bond.
All bonds required to be given in the probate court, on being
accepted and approved by the probate judge, shall be filed in the
judge's office.
Sec. 2151.13. The juvenile judge may appoint such bailiffs,
probation officers, and other employees as are necessary and may
designate their titles and fix their duties, compensation, and
expense allowances. The juvenile court may by entry on its journal
authorize any deputy clerk to administer oaths when necessary in
the discharge of his the deputy clerk's duties. Such employees
shall serve during the pleasure of the judge.
The compensation and expenses of all employees and the salary
and expenses of the judge shall be paid in semimonthly
installments by the county treasurer from the money appropriated
for the operation of the court, upon the warrant of the county
auditor, certified to by the judge.
The judge may require any employee to give bond in the sum of
not less than one thousand dollars, conditioned for the honest and
faithful performance of his the employee's duties. The sureties on
such bonds shall be approved in the manner provided by section
2151.12 of the Revised Code. The judge shall not be personally
liable for the default, misfeasance, or nonfeasance of any
employee from whom a bond has been required.
Section 2. That existing sections 2101.11 and 2151.13 of the
Revised Code are hereby repealed.
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