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H. J. R. No. 16 As Introduced
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Slesnick, Harwood, Murray, Yuko, Hagan
A JOINT RESOLUTION
| Proposing to amend Section 6 of Article IV of the
Constitution of Ohio to eliminate the age at and
after which a person may not be elected or
appointed to a judicial office.
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Be it resolved by the General Assembly of the State of Ohio,
three-fifths of the members elected to each house concurring
herein, that there shall be submitted to the electors of the
state, in the manner prescribed by law at the general election to
be held on November 2, 2010, a proposal to amend Section 6 of
Article IV of the Constitution of Ohio to read as follows: |
6. (A)(1) The chief justice and the justices of the
supreme court shall be elected by the electors of the state at
large, for terms of not less than six years. |
(2) The judges of the courts of appeals shall be elected by
the electors of their respective appellate districts, for terms of
not less than six years. |
(3) The judges of the courts of common pleas and the
divisions thereof shall be elected by the electors of the
counties, districts, or, as may be provided by law, other
subdivisions, in which their respective courts are located, for
terms of not less than six years, and each judge of a court of
common pleas or division thereof shall reside during his term of
office in the county, district, or subdivision in which his court
is located. |
(4) Terms of office of all judges shall begin on the days
fixed by law, and laws shall be enacted to prescribe the times and
mode of their election. |
(B) The judges of the supreme court, courts of appeals,
courts of common pleas, and divisions thereof, and of all courts
of record established by law, shall, at stated times, receive, for
their services such compensation as may be provided by law, which
shall not be diminished during their term of office. The
compensation of all judges of the supreme court, except that of
the chief justice, shall be the same. The compensation of all
judges of the courts of appeals shall be the same. Common pleas
judges and judges of divisions thereof, and judges of all courts
of record established by law shall receive such compensation as
may be provided by law. Judges shall receive no fees or
perquisites, nor hold any other office of profit or trust, under
the authority of this state, or of the United States. All votes
for any judge, for any elective office, except a judicial office,
under the authority of this state, given by the general assembly,
or the people shall be void. |
(C) No person shall be elected or appointed to any judicial
office if on or before the day when he shall assume the office and
enter upon the discharge of its duties he shall have attained the
age of seventy years. Any voluntarily retired judge, or any judge
who iswas retired under this section as it existed before January
1, 2011, may be assigned with histhe retired judge's consent, by
the chief justice or acting chief justice of the supreme court, to
active duty as a judge and while so serving shall receive the
established compensation for such office, computed upon a per diem
basis, in addition to any retirement benefits to which hethe
retired judge may be entitled. Laws may be passed providing
retirement benefits for judges. |
EFFECTIVE DATE AND REPEAL
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If adopted by a majority of the electors voting on this
proposal, Section 6 of Article IV as amended by this proposal
shall take effect on January 1, 2011, and existing Section 6 is
repealed from that effective date. |
The amendments to Section 6 of Article IV of the Constitution
of Ohio in part substitute gender neutral for gender specific
language. The gender neutralizing amendments are not intended to
make a substantive change in the Ohio Constitution. The gender
neutral language is to be construed as a restatement of, and
substituted in a continuing way for, the corresponding gender
specific language existing prior to adoption of the gender
neutralizing amendments. |
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