Judicial Power Vested in Court

The judicial power of the state is vested in a supremecourt, courts of appeals, courts of commonpleas and divisions thereof, and such other courts inferiorto the Supreme Court as may from time to time beestablished by law.

Organization and Jurisdiction of Supreme Court

(A) The Supreme Court shall, until otherwise providedby law, consist of seven judges, who shall beknown as the chief justice and justices. In case of theabsence or disability of the chief justice, the judge havingthe period of longest total service upon the courtshall be the acting chief justice. If any member of thecourt shall be unable, by reason of illness, disability ordisqualification, to hear, consider and decide a causeor causes, the chief justice or the acting chief justicemay direct any judge of any court of appeals to sit withthe judges of the Supreme Court in the place and steadof the absent judge. A majority of the Supreme Courtshall be necessary to constitute a quorum or to rendera judgment.

(B)(1) The Supreme Court shall have original jurisdictionin the following:

(a) Quo warranto;

(b) Mandamus;

(c) Habeas corpus;

(d) Prohibition;

(e) Procedendo;

(f) In any cause on review as may be necessary to itscomplete determination;

(g) Admission to the practice of law, the discipline ofpersons so admitted, and all other matters relatingto the practice of law.

(2) The Supreme Court shall have appellate jurisdictionas follows:

(a) In appeals from the courts of appeals as a matterof right in the following:

(i) Cases originating in the courts of appeals;

(ii) Cases in which the death penalty has beenaffirmed;

(iii) Cases involving questions arising under theconstitution of the United States or of thisstate.

(b) In appeals from the courts of appeals in cases offelony on leave first obtained.

(c) In direct appeals fron the courts of common pleasor other courts of record inferior to the court ofappeals as a matter of right in cases in which thedeath penalty has been imposed.

(d) Such revisory jurisdiction of the proceedings ofadministrative officers or agencies as may beconferred by law;

(e) In cases of public or great general interest, theSupreme Court may direct any court of appealsto certify its record to the Supreme Court, andmay review and affirm, modify, or reverse thejudgment of the court of appeals;

(f) The Supreme Court shall review and affirm,modify, or reverse the judgment in any casecertified by any court of appeals pursuant tosection 3(B)(4) of this article.

(3) No law shall be passed or rule made whereby anyperson shall be prevented from invoking the originaljurisdiction of the Supreme Court.

(C) The decisions in all cases in the Supreme Courtshall be reported together with the reasons therefore.

Organization and Jurisdiction of Court of Appeals

(A) The state shall be divided by law into compactappellate districts in each of which there shall be acourt of appeals consisting of three judges. Laws maybe passed increasing the number of judges in any districtwherein the volume of business may require suchadditional judge or judges. In districts having additionaljudges, three judges shall participate in the hearingand disposition of each case. The court shall holdsessions in each county of the district as the necessityarises. The county commissioners of each county shallprovide a proper and convenient place for the court ofappeals to hold court.

(B)(1) The courts of appeals shall have original jurisdictionin the following:

(a) Quo warranto;

(b) Mandamus;

(c) Habeas corpus;

(d) Prohibition;

(e) Procedendo

(f) In any cause on review as may be necessary to itscomplete determination.

(2) Courts of appeals shall have such jurisdiction asmay be provided by law to review and affirm, modify,or reverse judgments or final orders of the courts of recordinferior to the court of appeals within the district,except that courts of appeals shall not have jurisdictionto review on direct appeal a judgement that imposes asentence of death. Courts of appeals shall have suchappellate jurisdiction as may be provided by law toreview and affirm, modify, or reverse final orders oractions of administrative officers or agencies.(3) A majority of the judges hearing the cause shallbe necessary to render a judgment. Judgments of thecourts of appeals are final except as provided in section2(B)(2) of the article. No judgment resulting froma trial by jury shall be reversed on the weight of theevidence except by the concurrence of all three judgeshearing the cause.

(4) Whenever the judges of a court of appeals find thata judgment upon which they have agreed is in conflictwith a judgment pronounced upon the same questionby any other court of appeals of the state, the judgesshall certify the record of the case to the SupremeCourt for review and final determination.

(C) Laws may be passed providing for the reporting ofcases in the courts of appeals.

Organization and Jurisdiction of Common Pleas Court

(A) There shall be a court of common pleas andsuch divisions thereof as may be established by lawserving each county of the state. Any judge of a courtof common pleas or a division thereof may temporarilyhold court in any county. In the interests of the fair,impartial, speedy, and sure administration of justice,each county shall have one or more resident judges, ortwo or more counties may be combined into districtshaving one or more judges resident in the district andserving the common pleas court of all counties in thedistrict, as may be provided by law. Judges serving adistrict shall sit in each county in the district as thebusiness of the court requires. In counties or districtshaving more than one judge of the court of commonpleas, the judges shall select one of their number toact as presiding judge, to serve at their pleasure. If thejudges are unable because of equal division of the voteto make such selection, the judge having the longesttotal service on the court of common pleas shall serveas presiding judge until selection is made by vote. Thepresiding judge shall have such duties and exercisesuch powers as are prescribed by rule of the SupremeCourt.

(B) The courts of common pleas and divisions thereofshall have such original jurisdiction over all justiciablematters and such powers of review of proceedings ofadministrative officers and agencies as may be providedby law.

(C) Unless otherwise provided by law, there shall beprobate division and such other divisions of the courtsof common pleas as may be provided by law. Judgesshall be elected specifically to such probate divisionand to such other divisions. The judges of the probatedivision shall be empowered to employ and control theclerks, employees, deputies, and referees of such probatedivision of the common pleas courts.

Powers and Duties of Supreme Court; Rules

(A)(1) In addition to all other powers vested bythis article in the Supreme Court, the Supreme Courtshall have general superintendence over all courts inthe state. Such general superintending power shall beexercised by the chief justice in accordance with rulespromulgated by the Supreme Court

(2) The Supreme Court shall appoint an administrativedirector who shall assist the chief justice and who shallserve at the pleasure of the court. The compensationand duties of the administrative director shall be determinedby the court.

(3) The chief justice or acting chief justice, as necessityarises, shall assign any judge of a court of commonpleas or a division thereof temporarily to sit orhold court on any other court of common pleas or divisionthereof or any court of appeals or shall assignany judge of a court of appeals temporarily to sit orhold court on any other court of appeals or any courtof common pleas or division thereof and upon suchassignment said judge shall serve in such assigned capacityuntil the termination of the assignment. Rulesmay be adopted to provide for the temporary assignmentof judges to sit and hold court in any court establishedby law.

(B) The Supreme Court shall prescribe rules governingpractice and procedure in all courts of the state,which rules shall not abridge, enlarge, or modify anysubstantive right. Proposed rules shall be filed by thecourt, not later than the fifteenth day of January, withthe clerk of each house of the General Assembly duringa regular session thereof, and amendments to anysuch proposed rules may be so filed not later than thefirst day of May in that session. Such rules shall takeeffect on the following first day of July, unless priorto such day the General Assembly adopts a concurrentresolution of disapproval. All laws in conflict withsuch rules shall be of no further force or effect aftersuch rules have taken effect.Courts may adopt additional rules concerning localpractice in their respective courts which are not inconsistentwith the rules promulgated by the SupremeCourt. The Supreme Court may make rules to requireuniform record keeping for all courts of the state, andshall make rules governing the admission to the practiceof law and discipline of persons so admitted.

(C) The chief justice of the Supreme Court or anyjudge of that court designated by him shall pass uponthe disqualification of any judge of the courts of appealsor courts of common pleas or division thereof.Rules may be adopted to provide for the hearing ordisqualification matters involving judges of courts establishedby law.

Election of Judges; Compensation

(A)(1) The chief justice and the justices of theSupreme Court shall be elected by the electors of thestate at large, for terms of not less than six years.

(2) The judges of the courts of appeals shall be electedby 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 thedivisions thereof shall be elected by the electors ofthe counties, districts, or, as may be provided by law,other subdivisions, in which their respective courts arelocated, for terms of not less than six years, and eachjudge of a court of common pleas or division thereofshall 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 thedays fixed by law, and laws shall be enacted to prescribethe 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, atstated times, receive for their services such compensationas may be provided by law, which shall not bediminished during their term of office. The compensationof all judges of the Supreme Court, except that ofthe chief justice, shall be the same. The compensationof 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 lawshall receive such compensation as may be providedby law. Judges shall receive no fees or perquisites, norhold any other office of profit or trust, under the authorityof this state, or of the United States. All votesfor any judge, for any elective office, except a judicialoffice, under the authority of this state, given by theGeneral Assembly, or the people shall be void.

(C) No person shall be elected or appointed to anyjudicial office if on or before the day when he shallassume the office and enter upon the discharge of itsduties he shall have attained the age of seventy years.Any voluntarily retired judge, or any judge who isretired under this section, may be assigned with hisconsent, by the chief justice or acting chief justice ofthe Supreme Court to active duty as a judge and whileso serving shall receive the established compensationfor such office, computed upon a per diem basis, inaddition to any retirement benefits to which he maybe entitled. Laws may be passed providing retirementbenefits for judges.

Repealed

Repealed

Repealed

Repealed

Repealed

Repealed

Vacancy in Office of Judge, How Filled

In case the office of any judge shall become vacant,before the expiration of the regular term for whichhe was elected, the vacancy shall be filled by appointmentby the governor, until a successor is elected andhas qualified; and such successor shall be elected forthe unexpired term, at the first general election for theoffice which is vacant that occurs more than forty daysafter the vacancy shall have occurred; provided, however,that when the unexpired term ends within oneyear immediately following the date of such generalelection, an election to fill such unexpired term shallnot be held and the appointment shall be for such unexpiredterm.

Repealed

Changing Number of Judges; Establishing Other Courts

Laws may be passed to increase or diminish thenumber of judges of the Supreme Court, to increasebeyond one or diminish to one the number of judges ofthe court of common pleas in any county, and to establishother courts, whenever two-thirds of the memberselected to each house shall concur therein; but no suchchange, addition or diminution shall vacate the officeof any judge; and any existing court heretofore createdby law shall continue in existence until otherwiseprovided.

Repealed

Judges Removable

Judges may be removed from office, by concurrentresolution of both houses of the General Assembly,if two-thirds of the members, elected to each house,concur therein; but, no such removal shall be made,except upon complaint, the substance of which shallbe entered on the journal, nor, until the party chargedshall have had notice thereof, and an opportunity tobe heard.

Powers and Jurisdiction of Judges

The several judges of the Supreme Court, of thecommon pleas, and of such other courts as may be created,shall, respectively, have and exercise such powerand jurisdiction, at chambers, or otherwise, as may bedirected by law.

Courts of Conciliation

The General Assembly may establish courts ofconciliation, and prescribe their powers and duties;but such courts shall not render final judgment in anycase, except upon submission, by the parties, of thematter in dispute, and their agreement to abide suchjudgment.

Style of Process, Prosecution, and Indictment

The style of all process shall be, “The state ofOhio;” all prosecutions shall be carried on, in thename, and by the authority, of the state of Ohio; andall indictments shall conclude, “against the peace anddignity of the state of Ohio.”

Supreme Court Commission

A commission, which shall consist of fivemembers, shall be appointed by the governor, withthe advice and consent of the Senate, the membersof which shall hold office for the term of three yearsfrom and after the first day of February, 1876, to disposeof such part of the business then on the docketsof the Supreme Court, as shall, by arrangement betweensaid commission and said court, be transferredto such commission; and said commission shall havelike jurisdiction and power in respect to such businessas are or may be vested in said court; and the membersof said commission shall receive a like compensationfor the time being, with the judges of said court.A majority of the members of said commission shallbe necessary to form a quorum or pronounce a deciThesion, and its decision shall be certified, entered, andenforced as the judgments of the Supreme Court, andat the expiration of the term of said commission, allbusiness undisposed of shall by it be certified to theSupreme Court and disposed of as if said commissionhad never existed. The clerk and reporter of said courtshall be the clerk and reporter of said commission, andthe commission shall have such other attendants notexceeding in number those provided by law for saidcourt, which attendants said commission may appointand remove at its pleasure.Any vacancy occurring in said commission, shall befilled by appointment of the governor, with the adviceand consent of the Senate, if the Senate be in session,and if the Senate be not in session, by the governor,but in such last case, such appointment shall expire atthe end of the next session of the General Assembly.The General Assembly may, on application of the SupremeCourt duly entered on the journal of the courtand certified, provide by law, whenever two-thirds ofsuch [each] house shall concur therein, from time totime, for the appointment, in like manner, of a likecommission with like powers, jurisdiction and duties;provided, that the term of any such commission shallnot exceed two years, nor shall it be created oftenerthan once in ten years.

Judges in Less Populous Counties; Service on More than One Court

Laws may be passed to provide that in any countyhaving less than forty thousand population, as determinedby the next preceding federal census, the boardof county commissioners of such county, by a unanimousvote or ten percent of the number of electors ofsuch county voting for governor at the next precedingelection, by petition, may submit to the electors of suchcounty the question of providing that in such countythe same person shall serve as judge of the court ofcommon pleas, judge of the probate court, judge ofthe juvenile court, judge of the municipal court, andjudge of the county court, or of two or more of suchcourts. If a majority of the electors of such county votein favor of such proposition, one person shall thereafterbe elected to serve in such capacities, but this shallnot affect the right of any judge then in office fromcontinuing in office until the end of the term for whichhe was elected.Elections may be had in the same manner to discontinueor change the practice of having one person servein the capacity of judge of more than one court whenonce adopted.