Sub. H. B. No. 173 As Reported by the House Judiciary Committee

As Reported by the House Judiciary Committee

127th General Assembly

Regular Session

2007-2008

Sub. H. B. No. 173

Representatives Seitz, Book

A BILL

To amend sections 107.08, 1901.06, 1907.13, 2301.01,

2501.02, 2503.01, 2743.191, 2743.70, and 2949.111

and to enact sections 145.2914, 2503.51, 2503.52,

2503.53, 2503.54, 2503.55, and 2503.60 of the

Revised Code to change the qualifications for all

judges, to require the Supreme Court to establish

a qualification program for candidates for

judicial office, to create the Judicial Allotment

Review Commission to study and review the

allotment of judgeships in the courts for the

purpose of recommending legislation to ensure the

efficient and prompt administration of justice in

Ohio, to create the Judicial Appointment Review

Commission to make recommendations of persons to

fill judicial vacancies, to specify that a

portion of certain court costs currently

deposited to the credit of the Reparations Fund

be deposited in the fund for court security, and

to make appropriations for court-related

purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 107.08, 1901.06, 1907.13, 2301.01,	21
2501.02, 2503.01, 2743.191, 2743.70, and 2949.111 be amended and	22
sections 145.2914, 2503.51, 2503.52, 2503.53, 2503.54, 2503.55,	23
and 2503.60 of the Revised Code be enacted to read as follows:	24

Sec. 107.08. (A) The office of a judge is vacant at the	25
expiration of the term of the incumbent when no person has been	26
elected as the judge's successor. The vacancy shall be filled by	27
appointment by the governor. If the appointment is to a court of	28
appeals, court of common pleas, or municipal court, the clerk of	29
the court shall give written notice to the board of elections	30
responsible for conducting elections for that court of the name of	31
the appointee. A successor shall be elected for the unexpired term	32
at the first general election for the office that occurs more than	33
forty days after the vacancy occurs.	34

(B)(1) There is hereby created the judicial appointment	35
review commission consisting of seven, nine, or eleven members as	36
determined by the governor. All members of the commission shall be	37
appointed by and serve without compensation at the pleasure of the	38
governor. Five members shall be at-large members whose terms of	39
office shall be two years and who shall participate in making	40
recommendations regarding all judicial vacancies considered by the	41
commission during their tenure. The remaining members shall be	42
regional members appointed to recommend persons to fill a specific	43
judicial vacancy and whose terms of office expire when the	44
commission makes its recommendations concerning that vacancy. Each	45
regional member shall be a resident of the territory over which	46
the court in which the vacancy occurred has jurisdiction. One	47
regional member shall represent the interests of labor and	48
consumers, and one regional member shall represent the interests	49
of business and industry. A majority of all of the members shall	50
be attorneys.	51

(2) The governor shall select a chairperson of the commission	52
from among the at-large members, and the chairperson shall serve	53
in that role at the pleasure of the governor. The chairperson	54
shall establish procedures for the operation of the commission and	55
for the recommendation of persons to fill each vacancy. The	56
procedures shall provide for broad distribution of a notice of	57
each judicial vacancy to persons who are potentially interested in	58
being appointed to fill the vacancy, including posting of the	59
notice on the governor's official web site, and for application to	60
the commission by persons who wish to be considered for	61
recommendation to fill a vacancy. The governor's chief legal	62
counsel or the chief legal counsel's designee shall provide staff	63
support to the commission.	64

(3) Whenever the office of a judge becomes vacant before the	65
expiration of the regular term for which the judge was elected or	66
by the expiration of the term of the incumbent when no person has	67
been elected as the judge's successor, the commission shall	68
recommend to the governor in alphabetical order three persons to	69
fill the vacancy. In making a recommendation, the commission	70
shall consider the length of time a person under consideration	71
has practiced law, whether the person has been certified in a	72
specialty area pursuant to the supreme court's rules for the	73
government of the bar, the person's disciplinary history under	74
the code of professional responsibility or rules of professional	75
conduct adopted by the supreme court, comments received from the	76
county bar associations and the chairpersons of the county	77
central committees of the political parties in the county or	78
district in which the judgeship is located, and any other	79
factors the commission considers relevant. The governor may	80
appoint one of the three recommended persons, ask the commission	81
to make additional recommendations, or appoint another person to	82
fill the vacancy.	83

(4) If the consideration of a vacancy under division (B)(3)	84
of this section creates a conflict of interest for a member of the	85
commission, the governor shall appoint a person to serve in place	86
of the member for the consideration of that vacancy.	87

Sec. 145.2914. (A) If the general assembly abolishes a	88
judgeship pursuant to section 2503.55 of the Revised Code and the	89
judgeship abolished is the most recently created judgeship of the	90
designated court and division, if any, the public employer that	91
is responsible for the judicial office that is to be eliminated	92
shall provide for a purchase of service credit on behalf of an	93
individual who meets the requirements described in division (B)	94
of this section and for payment of the entire cost of the service	95
credit to be purchased.	96

(B) To be eligible to receive the service credit described in	97
this section, the individual who currently holds the judicial	98
office that is to be abolished shall meet all of the following	99
requirements:	100

(1) The individual shall be a member of the public employees	101
retirement system.	102

(2) The individual shall be eligible to retire or will become	103
eligible to retire as a result of purchasing the service credit.	104

(3) The individual shall agree to retire within ninety days	105
after receiving notice of payment of the amount described in	106
division (D) of this section.	107

(C) The employer shall purchase five years of service credit	108
for an individual described in division (B) of this section.	109

(D) On receipt of a request from an individual eligible to	110
receive the service credit described in this section, the system	111
shall obtain from its actuary certification of the additional	112
liability to the system for the amount of service credit described	113
in division (C) of this section and shall notify the employer of	114
such additional liability. The employer shall pay to the system an	115
amount equal to the additional liability resulting from the	116
purchase.	117

(E) On the election by an individual to receive the service	118
credit described in this section, the individual and the employer	119
shall agree upon a date for payment, or contracting for payment in	120
installments, to the system the cost of the service credit to be	121
purchased. The employer shall submit to the system a written	122
request for determination of the cost of the service credit and,	123
within forty-five days after receiving the request, the system	124
shall provide written notice of the cost to the employer.	125

The employer shall pay, or contract to pay in installments,	126
the cost of the service credit to be purchased on the date agreed	127
to by the individual and the employer. The payment shall be made	128
in accordance with rules adopted by the public employees	129
retirement board. The rules may provide for payment in	130
installments and for crediting the purchased service credit to the	131
individual's account upon the employer's contracting to pay the	132
cost in installments. The system shall notify the individual when	133
the individual is credited with service purchased under this	134
section. If the individual does not retire within ninety days	135
after receiving notice that the individual has been credited with	136
the purchased service credit, the system shall refund to the	137
employer the amount paid for the service credit.	138

No payment made to the system under this section shall affect	139
any payment required under section 145.48 of the Revised Code.	140

Sec. 1901.06. (A) A municipal judge during ~~his~~the judge's	141
term of office shall be a qualified elector and a resident of the	142
territory of the court to which hethe judge is elected or	143
appointed. A municipal judge shall ~~have been admitted to the~~	144
~~practice of law in this state~~be an attorney at law in good	145
standing, shall be registered for active status with the supreme	146
court, and shall have been, for a total of at least six years	147
preceding ~~his~~ appointment or the commencement of ~~his~~the judge's	148
term, engaged in the practice of law in this state or served as a	149
judge of a court of record in any jurisdiction in the United	150
States, or both.	151

Except as provided in section 1901.08 of the Revised Code,	152
the first election of any newly created office of a municipal	153
judge shall be held at the next regular municipal election	154
occurring not less than one hundred days after the creation of the	155
office. The institution of a new municipal court shall take place	156
on the first day of January next after the first election for the	157
court.	158

(B) As used in this section, "engaged in the practice of law"	159
means having had as a primary occupation one or a combination of	160
two or more of the following occupations:	161

(1) Attorney at law in good standing and registered for	162
active status with the supreme court;	163

(2) Professor of law at an accredited law school;

164

(3) Member of the general assembly if before becoming a	165
member of the general assembly the member otherwise engaged in the	166
practice of law in this state as a primary occupation;	167

(4) Any other occupation recognized as the practice of law by	168
rules or decisions of the supreme court.	169

Sec. 1907.13. A county court judge, at the time of filing a	170
nominating petition for the office or at the time of appointment	171
to the office and during the judge's term of office, shall be a	172
qualified elector and a resident of the county court district in	173
which the judge is elected or appointed. A county court judge does	174
not have to be a resident of an area of separate jurisdiction in	175
the county court district to which the judge may be assigned	176
pursuant to section 1907.15 of the Revised Code. Every county	177
court judge shall be an attorney at law in good standing, shall be	178
registered for active status with the supreme court, and shall	179
have been admitted to the practice of law in this state and shall	180
have been engaged, for a total of at least six years preceding the	181
judge's appointment or the commencement of the judge's term, in	182
the practice of law in this state, except that the six-year	183
practice requirement does not apply to a county court judge who is	184
holding office on the effective date of this amendment and who	185
subsequently is a candidate for that office.	186

Judges shall be elected by the electors of the county court	187
district at the general election in even-numbered years as set	188
forth in section 1907.11 of the Revised Code for a term of six	189
years commencing on the first day of January following the	190
election for the county court or on the dates specified in section	191
1907.11 of the Revised Code for particular county court judges.	192
Their successors shall be elected in even-numbered years every six	193
years.	194

All candidates for county court judge shall be nominated by	195
petition. The nominating petition shall be in the general form and	196
signed and verified as prescribed by section 3513.261 of the	197
Revised Code and shall be signed by the lesser of fifty qualified	198
electors of the county court district or a number of qualified	199
electors of the county court district not less than one per cent	200
of the number of electors who voted for governor at the most	201
recent regular state election in the district. A nominating	202
petition shall not be accepted for filing or filed if it appears	203
on its face to contain signatures aggregating in number more than	204
twice the minimum aggregate number of signatures required by this	205
section. A nominating petition shall be filed with the board of	206
elections not later than four p.m. of the seventy-fifth day before	207
the day of the general election.	208

As used in this section, "engaged in the practice of law"	209
means having had as a primary occupation one or a combination of	210
two or more of the following occupations:	211

(A) Attorney at law in good standing registered for active	212
status with the supreme court;	213

(B) Professor of law at an accredited law school;

214

(C) Member of the general assembly if before becoming a	215
member of the general assembly the member otherwise engaged in the	216
practice of law in this state as a primary occupation;	217

(D) Any other occupation recognized as the practice of law by	218
rules or decisions of the supreme court.	219

Sec. 2301.01. (A) There shall be a court of common pleas in	220
each county held by one or more judges~~, each of whom has been~~	221
~~admitted to practice as an attorney at law in this state and has,~~	222
~~for a total of at least six years preceding the judge's~~	223
~~appointment or commencement of the judge's term, engaged in the~~	224
~~practice of law in this state or served as a judge of a court of~~	225
~~record in any jurisdiction in the United States, or both, resides~~	226
~~in said county, and is elected by the electors therein~~. Each judge	227
shall meet all of the following qualifications:	228

(1) Attorney at law in good standing and registered for	229
active status with the supreme court;	230

(2) Preceding the judge's appointment or the commencement of	231
the judge's term, either of the following:	232

(a) Engaging in the practice of law in this state for a total	233
of at least ten years;	234

(b) Engaging in the practice of law in this state for a total	235
of at least six years and service as a judge of a court of record	236
in any jurisdiction of the United States for a total of at least	237
six months.	238

(3) Residence in the county;

239

(4) Election by the electors of the county.

240

(B) Each judge shall be elected for six years at the general	241
election immediately preceding the year in which the term, as	242
provided in sections 2301.02 and 2301.03 of the Revised Code,	243
commences, and the judge's successor shall be elected at the	244
general election immediately preceding the expiration of such	245
term.	246

(C) The board of county commissioners of a county in which	247
there is one judge of the court of common pleas and in which the	248
population is less than fifty thousand may by resolution submit to	249
the electors of the county the question of reducing the minimum	250
number of years specified in division (A)(2)(a) of this section	251
the judge shall have engaged in the practice of law in this state	252
preceding the judge's appointment or commencement of the judge's	253
term to any number less than ten but not less than six. The board	254
of county commissioners shall certify the resolution to the board	255
of elections of the county. The board of elections shall make the	256
necessary arrangements for the submission of the question to the	257
electors of the county. The question shall be submitted at the	258
next general election occurring not less than forty-five days	259
after the resolution is certified to the board of elections.	260
Notice of the election shall be published in one or more	261
newspapers of general circulation in the county once a week for	262
four consecutive weeks prior to the election. If the electors	263
approve the resolution, the reduction in the minimum number of	264
years of practice shall apply to the judge elected at the next	265
election for judge of the court of common pleas following approval	266
of the resolution or to a judge appointed to fill a vacancy prior	267
to that time.	268

(D) As used in this section, "engaging in the practice of	269
law" means having had as a primary occupation one or a combination	270
of two or more of the following occupations:	271

(1) Attorney at law in good standing and registered for	272
active status with the supreme court;	273

(2) Professor of law at an accredited law school;

274

(3) Member of the general assembly if before becoming a	275
member of the general assembly the member otherwise engaged in the	276
practice of law in this state as a primary occupation;	277

(4) Any other occupation recognized as the practice of law by	278
rules or decisions of the supreme court.	279

Sec. 2501.02. Each judge of a court of appeals shall ~~have~~	280
~~been admitted to practice as an attorney at law in this state~~be	281
an attorney at law in good standing, shall be registered for	282
active status with the supreme court, reside in the appellate	283
district to which the judge is elected or appointed, and shall	284
have, for a total of ~~six~~twelve years preceding the judge's	285
appointment or commencement of the judge's term, engaged in the	286
practice of law in this state or served as a judge of a court of	287
record in any jurisdiction in the United States, or both. One	288
judge shall be chosen in each court of appeals district every two	289
years, and shall hold office for six years, beginning on the ninth	290
day of February next after the judge's election.	291

In addition to the original jurisdiction conferred by Section	292
3 of Article IV, Ohio Constitution, the court shall have	293
jurisdiction upon an appeal upon questions of law to review,	294
affirm, modify, set aside, or reverse judgments or final orders of	295
courts of record inferior to the court of appeals within the	296
district, including the finding, order, or judgment of a juvenile	297
court that a child is delinquent, neglected, abused, or dependent,	298
for prejudicial error committed by such lower court.	299

The court, on good cause shown, may issue writs of	300
supersedeas in any case, and all other writs, not specially	301
provided for or prohibited by statute, necessary to enforce the	302
administration of justice.	303

As used in this section, "engaged in the practice of law"	304
means having had as a primary occupation one or a combination of	305
two or more of the following occupations:	306

(A) Attorney at law in good standing and registered for	307
active status with the supreme court;	308

(B) Professor of law at an accredited law school;

309

(C) Member of the general assembly if before becoming a	310
member of the general assembly the member otherwise engaged in the	311
practice of law in this state as a primary occupation;	312

(D) Any other occupation recognized as the practice of law by	313
rules or decisions of the supreme court.	314

Sec. 2503.01. The supreme court shall consist of a chief	315
justice and six justices,. The chief justice and each ~~of whom has~~	316
~~been admitted to practice as~~justice shall reside in this state,	317
be an attorney at law ~~in this state~~in good standing, be	318
registered for active status with the supreme court, and ~~has~~have,	319
for a total of at least ~~six~~fifteen years preceding ~~his~~	320
appointment or commencement of ~~his~~the justice's term, engaged in	321
the practice of law in this state or served as a judge of a court	322
of record in any jurisdiction of the United States, or both.	323

As used in this section, "engaged in the practice of law"	324
means having had as a primary occupation one or a combination of	325
two or more of the following occupations:	326

(A) Attorney at law in good standing and registered for	327
active status with the supreme court;	328

(B) Professor of law at an accredited law school;

329

(C) Member of the general assembly if before becoming a	330
member of the general assembly the member otherwise engaged in the	331
practice of law in this state as a primary occupation;	332

(D) Any other occupation recognized as the practice of law by	333
rules or decisions of the supreme court.	334

Sec. 2503.51. (A) The supreme court shall by rule establish	335
a judicial candidate qualification program to ensure that a	336
candidate for the office of judge of a municipal court, county	337
court, court of common pleas, court of appeals, or the supreme	338
court is professionally qualified for the office. The rules shall	339
include a requirement that every candidate, within five years	340
before the date of the general election for the office to which	341
the candidate seeks election, attend a course or courses approved	342
by the supreme court totaling at least forty hours and covering	343
civil and criminal procedure, the Ohio Rules of Evidence,	344
constitutional law, judicial demeanor and decorum, and any other	345
subjects that the supreme court may require. The supreme court	346
shall offer a course or courses for actual and potential judicial	347
candidates that satisfy all the judicial qualification course	348
requirements specified in this division for judicial candidates.	349
The supreme court may charge a reasonable fee for any course	350
offered pursuant to this section, but the aggregate of the fees	351
charged to attendees shall not exceed the cost of producing and	352
offering the course. The rules may provide for any of the	353
following:	354

(1) That designated courses taken to meet continuing legal	355
education requirements established by the supreme court apply	356
toward the hours of education required by the judicial candidate	357
qualification program;	358

(2) That each candidate for a particular type of judge take	359
courses required for all judicial candidates and courses required	360
only for candidates for that particular type of judge and that a	361
candidate for a particular judicial office take one or more	362
courses in specific areas of law not required of all candidates	363
for judicial office;	364

(3) An exemption from all or part of the hours of course work	365
for a candidate who has been certified as a specialist pursuant to	366
rules adopted by the supreme court if the certification is in an	367
area of law that is directly pertinent to the judicial office to	368
which the candidate seeks election.	369

(B) The educational qualifications set forth under division	370
(A) of this section do not apply to a candidate who has already	371
held the office to which the candidate seeks election or to a	372
candidate for the office of judge of any division of a court of	373
common pleas who has already held the office of judge of any	374
division of a court of common pleas.	375

(C) The supreme court by rule may require that a person who	376
is appointed to the office of judge meet the educational	377
qualifications set forth under division (A) of this section, may	378
exempt a candidate for judge or a person appointed to a judgeship	379
from meeting those qualifications, and may delay the date by which	380
a candidate or appointee must meet those qualifications if a	381
candidate is a replacement for a candidate who died shortly before	382
the election or if other exigent circumstances exist.	383

(D) A candidate for the office of judge of a municipal court,	384
county court, court of common pleas, court of appeals, or the	385
supreme court, not later than seventy-five days before the date of	386
the general election for the office to which the candidate seeks	387
election, shall present to the board of elections or to the	388
secretary of state, as applicable, a document from the supreme	389
court certifying that the candidate has met the educational	390
qualifications required by division (A) of this section or stating	391
that the candidate is exempt from meeting those qualifications	392
before the election.	393

Sec. 2503.52. (A) There is hereby created the judicial	394
allotment review commission consisting of nineteen members, one of	395
whom shall be the chief justice of the supreme court, and the	396
remaining to be appointed in the following manner:	397

(1) The speaker of the house of representatives shall appoint	398
two members who shall be members of the house of representatives,	399
one of whom the speaker shall appoint upon the recommendation of	400
the minority leader of the house of representatives.	401

(2) The president of the senate shall appoint two members who	402
shall be members of the senate, one of whom the president of the	403
senate shall appoint upon the recommendation of the minority	404
leader of the senate.	405

(3) The chief justice of the supreme court shall appoint	406
eight members as follows:	407

(a) Two members who are judges of the court of appeals and	408
who are chosen from a list of four nominees submitted by the Ohio	409
court of appeals judges association;	410

(b) Four members who are judges of the court of common pleas,	411
of which one is chosen from a list of two nominees submitted by	412
the Ohio common pleas judges association, one is chosen from a	413
list of two nominees submitted by the Ohio association of juvenile	414
court judges, one is chosen from a list of two nominees submitted	415
by the Ohio association of domestic relations judges, and one is	416
chosen from a list of two nominees submitted by the Ohio	417
association of probate judges;	418

(c) Two members who are judges of the municipal court or	419
county court and who are chosen from a list of four nominees	420
submitted by the association of municipal/county judges of Ohio.	421

(4) The governor shall appoint four members as follows:

422

(a) One member who is a county commissioner and who is	423
appointed upon the nomination of the county commissioners	424
association of Ohio;	425

(b) One member who is appointed upon the nomination of the	426
Ohio municipal league;	427

(c) Two members who have been admitted to and are engaged in	428
the practice of law in Ohio and who are appointed upon the	429
nomination of the Ohio state bar association.	430

(5) The chairperson of the Ohio judicial conference shall	431
appoint two members.	432

(B) The initial appointments of members to the commission as	433
provided in division (A) of this section shall be made within	434
ninety days after the effective date of this section. Upon the	435
appointment of the initial members of the commission, the	436
commission shall proceed to conduct its business pursuant to	437
sections 2503.53 to 2503.55 of the Revised Code. The term of	438
office of each initial member of the commission ends upon the	439
submission of the commission's report pursuant to section 2503.55	440
of the Revised Code. Any vacancy in the commission shall be filled	441
in the manner provided for the original appointment.	442

(C) The subsequent appointments of new members to the	443
commission as provided in division (A) of this section shall be	444
made within thirty days after April 1 in the year 2012 and within	445
thirty days after April 1 in every tenth year after the year 2012.	446
Upon the subsequent appointment of new members of the commission,	447
the commission shall proceed to conduct its business pursuant to	448
this section and sections 2503.53 to 2503.55 of the Revised Code.	449
The term of office of each subsequently appointed member of the	450
commission ends upon the submission of the report of the	451
commission that was prepared while the subsequently appointed	452
member was a member of the commission. This section and sections	453
2503.53 to 2503.55 of the Revised Code, insofar as applicable,	454
apply to the commission each time the new members are appointed to	455
the commission pursuant to this division.	456

Sec. 2503.53. (A) The chief justice of the supreme court	457
shall serve as the chairperson of the judicial allotment review	458
commission. The members of the commission shall meet and perform	459
their duties and functions as provided in this section and	460
sections 2503.54 and 2503.55 of the Revised Code. The initial	461
meeting of the commission shall convene on a date designated by	462
the chief justice after the initial appointment of the members of	463
the commission as provided in division (B) of section 2503.52 of	464
the Revised Code, and the first meeting of each group of	465
subsequently appointed members of the commission shall convene on	466
a date designated by the chief justice after each subsequent	467
appointment of new members to the commission as provided in	468
division (C) of that section. The chief justice, upon notice to	469
the governor, may convene a meeting within twenty days after a	470
judgeship becomes vacant to consider the need for continuing that	471
judgeship. The chief justice or a designee of the chief justice	472
shall convene every meeting of the commission. A majority of the	473
members of the commission shall constitute a quorum.	474

(B) The supreme court shall reimburse the members of the	475
commission for any actual and necessary expenses incurred in the	476
performance of their duties and functions under this section and	477
sections 2503.54 and 2503.55 of the Revised Code.	478

(C) The supreme court may provide any professional,	479
technical, or clerical employees that are necessary for the	480
commission to perform its duties and functions.	481

Sec. 2503.54. (A) As used in this section and section 2503.55	482
of the Revised Code:	483

(1) "Court" means the court of appeals; the general division,	484
probate division, domestic relations division, or juvenile	485
division of the court of common pleas; the municipal court; or the	486
county court; whichever is applicable.	487

(2) "Cases" means civil cases, criminal cases, and traffic	488
cases.	489

(3) "Caseload" means the number of civil cases, criminal	490
cases, and traffic cases that are assigned to an individual judge	491
of a court.	492

(B) The judicial allotment review commission shall study and	493
review the allotment of judgeships for each court, in relation to	494
the number of cases filed in the court and the disposition of	495
those cases, for the purpose of making recommendations to the	496
general assembly for enactment of legislation to ensure the	497
efficient, prompt, and sure administration of justice in this	498
state.	499

(C) In studying and reviewing the allotment of judgeships for	500
each court under this section and making its recommendations to	501
the general assembly under section 2503.55 of the Revised Code,	502
the commission shall consider all of the following that are	503
applicable to a particular court:	504

(1) The number and types of cases that were filed in the	505
court in the preceding five years, the number and types of those	506
cases that were assigned to each judge of that court, and the	507
ranking of these numbers and types in comparison to other courts	508
in the state of similar size and jurisdiction;	509

(2) The number and types of cases assigned to each judge of	510
the court that are currently pending and the comparative ranking	511
of these numbers and types in comparison to other courts in the	512
state of similar size and jurisdiction;	513

(3) Any increase, decrease, or other changes in the caseload	514
of each judge of the court in the preceding five years and the	515
comparative ranking of the caseload of the judges of that court in	516
relation to any increase, decrease, or other changes in the	517
caseload of each judge of other courts in the state of similar	518
size and jurisdiction;	519

(4) Any standards established by the supreme court for	520
manageable workloads or caseloads;	521

(5) The frequency with which the court has requested or	522
received temporary assignments of an additional judge or	523
additional judges in the preceding five years;	524

(6) The number of trial judges in relation to each judge of	525
the court of appeals within the district of that court of appeals;	526

(7) The population growth and density in the area in which	527
the court has territorial jurisdiction;	528

(8) In the case of courts of appeals, the population of each	529
court of appeals district, the number of counties that constitute	530
the district, the number of days in which cases are heard in	531
counties within the district other than the county that is the	532
principal seat of the court of appeals or the county in which the	533
court of appeals primarily holds court, and the time spent for the	534
judges to travel to those other counties for purposes of hearing	535
cases;	536

(9) Whether the area in which the court has territorial	537
jurisdiction is urban or rural in character;	538

(10) The presence of any state or local government	539
institutions in the area in which the court has territorial	540
jurisdiction;	541

(11) Any new legislation, events, or court litigation that	542
may have an impact on the caseload or administrative workload of a	543
court;	544

(12) Any information or recommendations provided by a county	545
or municipal legislative authority that funds the court or by a	546
bar association that operates within the territorial jurisdiction	547
of the court regarding the creation of judgeships for or	548
elimination of judgeships from the court;	549

(13) Any other factors that the commission may consider	550
relevant in reviewing the allotment of judgeships for the purpose	551
of making its recommendations to the general assembly under	552
section 2503.55 of the Revised Code.	553

(D) If the population of the area in which a court has	554
territorial jurisdiction increases by twenty per cent between	555
April 1, 2011, and April 1, 2021, and between the first day of	556
April of the first year and the first day of April of the tenth	557
year of each ten-year period after 2021, the judges of that court	558
may request of the general assembly that one additional judgeship	559
be established for that court.	560

(E) If the chief justice convenes a meeting of the commission	561
to consider the need for continuing a particular judgeship that	562
has become vacant, the chief justice shall immediately notify the	563
governor that the meeting has been convened and of the judgeship	564
that has become vacant. The commission shall within forty-five	565
days after the meeting prepare a report on the need for	566
continuing the judgeship and submit the report to the governor,	567
the supreme court, and the general assembly.	568

Sec. 2503.55. (A) On or before the first anniversary of the	569
effective date of this section, then on or before April 1 in the	570
year 2013, and then on or before April 1 in every tenth year	571
after the year 2013, as applicable, the judicial allotment review	572
commission shall prepare a report and submit it to the supreme	573
court and to the general assembly. The report shall include the	574
commission's conclusions regarding its study and review of the	575
allotment of judgeships for each court under section 2503.54 of	576
the Revised Code and its recommendations based on those	577
conclusions. The recommendations may include, but are not limited	578
to, enacting legislation to increase or decrease the number of	579
judgeships of a court or to change the status of a judgeship of a	580
court from part-time to full-time.	581

(B) If the members of the commission do not unanimously agree	582
on the recommendations that are to be included in the report	583
described in division (A) of this section, the commission shall	584
determine by a majority vote of the members the specific	585
recommendations that are to be included in that report. The	586
members who vote against the inclusion of any of the	587
recommendations in the report may submit a minority report to the	588
supreme court and the general assembly that includes the specific	589
recommendations of those members.	590

(C) In enacting legislation to implement a recommendation of	591
the commission to abolish a judgeship, the general assembly shall	592
designate only the court and, in the case of a court of common	593
pleas or municipal court, the division, if any, of the court a	594
judgeship of which is to be abolished. Except as otherwise	595
provided in this division, the judgeship abolished shall be the	596
most recently created judgeship of the designated court and	597
division, if any. If the term of office of the most recently	598
created judgeship will expire one year or more after the	599
effective date of the act abolishing the judgeship, the judgeship	600
shall be abolished whenever it becomes vacant or at the end of	601
the term. If the term of office of the most recently created	602
judgeship will expire less than one year after the effective date	603
of the act abolishing the judgeship, the judgeship shall be	604
abolished whenever it becomes vacant or at the end of the	605
following term. If a judgeship other than the most recently	606
created judgeship of the designated court and division, if any,	607
becomes vacant before the most recently created judgeship becomes	608
vacant or the applicable term of the most recently created	609
judgeship ends, and before the date by which a declaration of	610
candidacy for election to the next term of office of the most	611
recently created judgeship must be filed, that other judgeship	612
shall be abolished instead of the most recently created	613
judgeship.	614

Sec. 2503.60. There is hereby created in the state treasury	615
the supreme court security fund. The supreme court shall use the	616
money in the supreme court security fund to fund court security	617
projects. The treasurer of state shall deposit in the fund the	618
portion of court costs paid pursuant to section 2743.70 of the	619
Revised Code that is mandated by that section to be deposited in	620
the fund. The supreme court shall adopt guidelines to govern	621
disbursements from the fund.	622

Sec. 2743.191. (A)(1) There is hereby created in the state	623
treasury the reparations fund, which shall be used only for the	624
following purposes:	625

(a) The payment of awards of reparations that are granted by	626
the attorney general;	627

(b) The compensation of any personnel needed by the attorney	628
general to administer sections 2743.51 to 2743.72 of the Revised	629
Code;	630

(c) The compensation of witnesses as provided in division (J)	631
of section 2743.65 of the Revised Code;	632

(d) Other administrative costs of hearing and determining	633
claims for an award of reparations by the attorney general;	634

(e) The costs of administering sections 2907.28 and 2969.01	635
to 2969.06 of the Revised Code;	636

(f) The costs of investigation and decision-making as	637
certified by the attorney general;	638

(g) The provision of state financial assistance to victim	639
assistance programs in accordance with sections 109.91 and 109.92	640
of the Revised Code;	641

(h) The costs of paying the expenses of sex offense-related	642
examinations and antibiotics pursuant to section 2907.28 of the	643
Revised Code;	644

(i) The cost of printing and distributing the pamphlet	645
prepared by the attorney general pursuant to section 109.42 of the	646
Revised Code;	647

(j) Subject to division (D) of section 2743.71 of the Revised	648
Code, the costs associated with the printing and providing of	649
information cards or other printed materials to law enforcement	650
agencies and prosecuting authorities and with publicizing the	651
availability of awards of reparations pursuant to section 2743.71	652
of the Revised Code;	653

(k) The payment of costs of administering a DNA specimen	654
collection procedure pursuant to sections 2152.74 and 2901.07 of	655
the Revised Code, of performing DNA analysis of those DNA	656
specimens, and of entering the resulting DNA records regarding	657
those analyses into the DNA database pursuant to section 109.573	658
of the Revised Code;	659

(l) The payment of actual costs associated with initiatives	660
by the attorney general for the apprehension, prosecution, and	661
accountability of offenders, and the enhancing of services to	662
crime victims. The amount of payments made pursuant to division	663
(A)(1)(l) of this section during any given fiscal year shall not	664
exceed five per cent of the balance of the reparations fund at the	665
close of the immediately previous fiscal year;	666

(m) The costs of administering the adult parole authority's	667
supervision pursuant to division (E) of section 2971.05 of the	668
Revised Code of sexually violent predators who are sentenced to a	669
prison term pursuant to division (A)(3) of section 2971.03 of the	670
Revised Code and of offenders who are sentenced to a prison term	671
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or	672
(c), or (B)(3)(a), (b), (c), or (d) of that section.	673

(2) ~~All~~The portion of costs paid pursuant to section 2743.70	674
of the Revised Code that is mandated by that section to be	675
deposited in the fund, the portions of license reinstatement fees	676
mandated by division (F)(2)(b) of section 4511.191 of the Revised	677
Code to be credited to the fund, the portions of the proceeds of	678
the sale of a forfeited vehicle specified in division (C)(2) of	679
section 4503.234 of the Revised Code, payments collected by the	680
department of rehabilitation and correction from prisoners who	681
voluntarily participate in an approved work and training program	682
pursuant to division (C)(8)(b)(ii) of section 5145.16 of the	683
Revised Code, and all moneys collected by the state pursuant to	684
its right of subrogation provided in section 2743.72 of the	685
Revised Code shall be deposited in the fund.	686

(B) In making an award of reparations, the attorney general	687
shall render the award against the state. The award shall be	688
accomplished only through the following procedure, and the	689
following procedure may be enforced by writ of mandamus directed	690
to the appropriate official:	691

(1) The attorney general shall provide for payment of the	692
claimant or providers in the amount of the award only if the	693
amount of the award is fifty dollars or more.	694

(2) The expense shall be charged against all available	695
unencumbered moneys in the fund.	696

(3) If sufficient unencumbered moneys do not exist in the	697
fund, the attorney general shall make application for payment of	698
the award out of the emergency purposes account or any other	699
appropriation for emergencies or contingencies, and payment out of	700
this account or other appropriation shall be authorized if there	701
are sufficient moneys greater than the sum total of then pending	702
emergency purposes account requests or requests for releases from	703
the other appropriations.	704

(4) If sufficient moneys do not exist in the account or any	705
other appropriation for emergencies or contingencies to pay the	706
award, the attorney general shall request the general assembly to	707
make an appropriation sufficient to pay the award, and no payment	708
shall be made until the appropriation has been made. The attorney	709
general shall make this appropriation request during the current	710
biennium and during each succeeding biennium until a sufficient	711
appropriation is made. If, prior to the time that an appropriation	712
is made by the general assembly pursuant to this division, the	713
fund has sufficient unencumbered funds to pay the award or part of	714
the award, the available funds shall be used to pay the award or	715
part of the award, and the appropriation request shall be amended	716
to request only sufficient funds to pay that part of the award	717
that is unpaid.	718

(C) The attorney general shall not make payment on a decision	719
or order granting an award until all appeals have been determined	720
and all rights to appeal exhausted, except as otherwise provided	721
in this section. If any party to a claim for an award of	722
reparations appeals from only a portion of an award, and a	723
remaining portion provides for the payment of money by the state,	724
that part of the award calling for the payment of money by the	725
state and not a subject of the appeal shall be processed for	726
payment as described in this section.	727

(D) The attorney general shall prepare itemized bills for the	728
costs of printing and distributing the pamphlet the attorney	729
general prepares pursuant to section 109.42 of the Revised Code.	730
The itemized bills shall set forth the name and address of the	731
persons owed the amounts set forth in them.	732

(E) As used in this section, "DNA analysis" and "DNA	733
specimen" have the same meanings as in section 109.573 of the	734
Revised Code.	735

Sec. 2743.70. (A)(1) The court, in which any person is	736
convicted of or pleads guilty to any offense other than a traffic	737
offense that is not a moving violation, shall impose the following	738
sum as costs in the case in addition to any other court costs that	739
the court is required by law to impose upon the offender:	740

(a) Thirty dollars, if the offense is a felony;

741

(b) Nine dollars, if the offense is a misdemeanor.

742

The court shall not waive the payment of the thirty or nine	743
dollars court costs, unless the court determines that the offender	744
is indigent and waives the payment of all court costs imposed upon	745
the indigent offender. ~~All such moneys~~Twenty-eight dollars of the	746
court costs if the offense is a felony and seven dollars of the	747
court costs if the offense is a misdemeanor shall be transmitted	748
on the first business day of each month by the clerk of the court	749
to the treasurer of state and deposited by the treasurer in the	750
reparations fund. The clerk of the court shall transmit two	751
dollars of the court costs on the first business day of each month	752
to the treasurer of state, and the treasurer shall deposit that	753
money in the supreme court security fund created by section	754
2503.60 of the Revised Code.	755

(2) The juvenile court in which a child is found to be a	756
delinquent child or a juvenile traffic offender for an act which,	757
if committed by an adult, would be an offense other than a traffic	758
offense that is not a moving violation, shall impose the following	759
sum as costs in the case in addition to any other court costs that	760
the court is required or permitted by law to impose upon the	761
delinquent child or juvenile traffic offender:	762

(a) Thirty dollars, if the act, if committed by an adult,	763
would be a felony;	764

(b) Nine dollars, if the act, if committed by an adult, would	765
be a misdemeanor.	766

The thirty or nine dollars court costs shall be collected in	767
all cases unless the court determines the juvenile is indigent and	768
waives the payment of all court costs, or enters an order on its	769
journal stating that it has determined that the juvenile is	770
indigent, that no other court costs are to be taxed in the case,	771
and that the payment of the thirty or nine dollars court costs is	772
waived. ~~All such moneys~~Twenty-eight dollars of the court costs if	773
the act if committed by an adult would be a felony and seven	774
dollars of the court costs if the act if committed by an adult	775
would be a misdemeanor collected during a month shall be	776
transmitted on or before the twentieth day of the following month	777
by the clerk of the court to the treasurer of state and deposited	778
by the treasurer in the reparations fund. The clerk of the court	779
shall transmit on or before the twentieth day of the following	780
month to the treasurer of state two dollars of the court costs	781
collected in each case during a month, and the treasurer shall	782
deposit that money in the supreme court security fund created by	783
section 2503.60 of the Revised Code.	784

(B) Whenever a person is charged with any offense other than	785
a traffic offense that is not a moving violation and posts bail	786
pursuant to sections 2937.22 to 2937.46 of the Revised Code,	787
Criminal Rule 46, or Traffic Rule 4, the court shall add to the	788
amount of the bail the thirty or nine dollars required to be paid	789
by division (A)(1) of this section. The thirty or nine dollars	790
shall be retained by the clerk of the court until the person is	791
convicted, pleads guilty, forfeits bail, is found not guilty, or	792
has the charges dismissed. If the person is convicted, pleads	793
guilty, or forfeits bail, the clerk shall transmit twenty-eight of	794
the thirty or seven of the nine dollars to the treasurer of state,	795
who shall deposit it in the reparations fund, and the clerk shall	796
transmit two of the thirty or nine dollars to the treasurer of	797
state, who shall deposit that money in the supreme court security	798
fund created by section 2503.60 of the Revised Code. If the person	799
is found not guilty or the charges are dismissed, the clerk shall	800
return the thirty or nine dollars to the person.	801

(C) No person shall be placed or held in jail for failing to	802
pay the additional thirty or nine dollars court costs or bail that	803
are required to be paid by this section.	804

(D) As used in this section:

805

(1) "Moving violation" means any violation of any statute or	806
ordinance, other than section 4513.263 of the Revised Code or an	807
ordinance that is substantially equivalent to that section, that	808
regulates the operation of vehicles, streetcars, or trackless	809
trolleys on highways or streets or that regulates size or load	810
limitations or fitness requirements of vehicles. "Moving	811
violation" does not include the violation of any statute or	812
ordinance that regulates pedestrians or the parking of vehicles.	813

(2) "Bail" means cash, a check, a money order, a credit card,	814
or any other form of money that is posted by or for an offender	815
pursuant to sections 2937.22 to 2937.46 of the Revised Code,	816
Criminal Rule 46, or Traffic Rule 4 to prevent the offender from	817
being placed or held in a detention facility, as defined in	818
section 2921.01 of the Revised Code.	819

Sec. 2949.111. (A) As used in this section:

820

(1) "Court costs" means any assessment that the court	821
requires an offender to pay to defray the costs of operating the	822
court.	823

(2) "State fines or costs" means any costs imposed or	824
forfeited bail collected by the court under section 2743.70 of the	825
Revised Code for deposit into the reparations fund or supreme	826
court security fund or under section 2949.091 of the Revised Code	827
for deposit into the general revenue fund and all fines,	828
penalties, and forfeited bail collected by the court and paid to a	829
law library association under sections 3375.50 to 3375.53 of the	830
Revised Code.	831

(3) "Reimbursement" means any reimbursement for the costs of	832
confinement that the court orders an offender to pay pursuant to	833
section 2929.28 of the Revised Code, any supervision fee, any fee	834
for the costs of house arrest with electronic monitoring that an	835
offender agrees to pay, any reimbursement for the costs of an	836
investigation or prosecution that the court orders an offender to	837
pay pursuant to section 2929.71 of the Revised Code, or any other	838
costs that the court orders an offender to pay.	839

(4) "Supervision fees" means any fees that a court, pursuant	840
to sections 2929.18, 2929.28, and 2951.021 of the Revised Code,	841
requires an offender who is under a community control sanction to	842
pay for supervision services.	843

(5) "Community control sanction" has the same meaning as in	844
section 2929.01 of the Revised Code.	845

(B) Unless the court, in accordance with division (C) of this	846
section, enters in the record of the case a different method of	847
assigning payments, if a person who is charged with a misdemeanor	848
is convicted of or pleads guilty to the offense, if the court	849
orders the offender to pay any combination of court costs, state	850
fines or costs, restitution, a conventional fine, or any	851
reimbursement, and if the offender makes any payment of any of	852
them to a clerk of court, the clerk shall assign the offender's	853
payment in the following manner:	854

(1) If the court ordered the offender to pay any court costs,	855
the offender's payment shall be assigned toward the satisfaction	856
of those court costs until they have been entirely paid.	857

(2) If the court ordered the offender to pay any state fines	858
or costs and if all of the court costs that the court ordered the	859
offender to pay have been paid, the remainder of the offender's	860
payment shall be assigned on a pro rata basis toward the	861
satisfaction of the state fines or costs until they have been	862
entirely paid.	863

(3) If the court ordered the offender to pay any restitution	864
and if all of the court costs and state fines or costs that the	865
court ordered the offender to pay have been paid, the remainder of	866
the offender's payment shall be assigned toward the satisfaction	867
of the restitution until it has been entirely paid.	868

(4) If the court ordered the offender to pay any fine and if	869
all of the court costs, state fines or costs, and restitution that	870
the court ordered the offender to pay have been paid, the	871
remainder of the offender's payment shall be assigned toward the	872
satisfaction of the fine until it has been entirely paid.	873

(5) If the court ordered the offender to pay any	874
reimbursement and if all of the court costs, state fines or costs,	875
restitution, and fines that the court ordered the offender to pay	876
have been paid, the remainder of the offender's payment shall be	877
assigned toward the satisfaction of the reimbursements until they	878
have been entirely paid.	879

(C) If a person who is charged with a misdemeanor is	880
convicted of or pleads guilty to the offense and if the court	881
orders the offender to pay any combination of court costs, state	882
fines or costs, restitution, fines, or reimbursements, the court,	883
at the time it orders the offender to make those payments, may	884
prescribe an order of payments that differs from the order set	885
forth in division (B) of this section by entering in the record of	886
the case the order so prescribed. If a different order is entered	887
in the record, on receipt of any payment, the clerk of the court	888
shall assign the payment in the manner prescribed by the court.	889

Section 2. That existing sections 107.08, 1901.06, 1907.13,	890
2301.01, 2501.02, 2503.01, 2743.191, 2743.70, and 2949.111 of the	891
Revised Code are hereby repealed.	892

Section 3. The qualifications for office for judges of	893
municipal courts, county courts, courts of common pleas, courts of	894
appeals, and the Supreme Court that were in effect on the date	895
immediately preceding the effective date of this section shall	896
remain unchanged for each judge in any of those courts until the	897
end of that term of that judge. The new qualifications for office	898
for judges of municipal courts, county courts, courts of common	899
pleas, courts of appeals, and the Supreme Court provided in this	900
act shall take effect for each judgeship in each of those courts	901
when a judge is elected to that judgeship on or after the	902
effective date of this section.	903

Section 4. It is the intent of the General Assembly that	904
courses that satisfy the requirements of the judicial candidate	905
qualification program under section 2503.51 of the Revised Code	906
may also count toward the continuing legal education requirement	907
for attorneys under the Supreme Court Rules for the Government of	908
the Bar of Ohio provided the course meets the requirements of Rule	909
X of the Rules for the Government of the Bar. The General Assembly	910
therefore respectfully requests that the Supreme Court modify its	911
rules to put the General Assembly's intent into effect.	912

Section 5. All items in this section are hereby appropriated	913
as designated out of any moneys in the state treasury to the	914
credit of the General Revenue Fund and State Special Revenue Fund	915
Group. For all appropriations made in this act, the amounts in the	916
first column are for fiscal year 2008, and the amounts in the	917
second column are for fiscal year 2009. The appropriations made in	918
this act are in addition to any other appropriations made for the	919
2007-2009 biennium.	920

JSC THE JUDICIARY/SUPREME COURT	921

State Special Revenue Fund Group	922

5DD	005-612	Supreme Court Security	$	3,800,000	$	3,800,000	923
TOTAL SSR State Special Revenue Fund Group			$	3,800,000	$	3,800,000	924
TOTAL ALL BUDGET FUND GROUPS			$	3,800,000	$	3,800,000	925

SUPREME COURT SECURITY

926

The foregoing appropriation item 005-612, Supreme Court	927
Security, shall be used by the Supreme Court to fund court	928
security projects.	929

Section 6. Within the limits set forth in this act, the	930
Director of Budget and Management shall establish accounts	931
indicating the source and amount of money for each appropriation	932
made in this act and shall determine the form and manner in which	933
appropriation accounts shall be maintained. Expenditures from	934
appropriations contained in this act shall be accounted for as	935
though made in the main operating appropriations act of the 127th	936
General Assembly.	937

The appropriations made in this act are subject to all	938
provisions of the main operating appropriations act of the 127th	939
General Assembly that are generally applicable to such	940
appropriations.	941

Section 7. Sections 2503.60, 2743.191, 2743.70, and 2949.111	942
of the Revised Code and Sections 4, 5, and 6 of this act, as	943
amended or enacted in this act, are not subject to the	944
referendum. Therefore, under Ohio Constitution, Article II,	945
Section 1d and section 1.471 of the Revised Code those sections as	946
amended or enacted by this act go into immediate effect when this	947
act becomes law.	948