Bill Text: OH HB216 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To require that cases in a multi-judge municipal or county court or a multi-judge division of a court of common pleas be randomly assigned to the judges of the court or division.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-03 - To Judiciary & Ethics [HB216 Detail]

Download: Ohio-2011-HB216-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 216

Representative Patmon 

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A BILL

To enact section 2301.04 of the Revised Code to

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require that cases in a multi-judge municipal or

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county court or a multi-judge division of a court

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of common pleas be randomly assigned to the judges

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of the court or division.

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

Section 1. That section 2301.04 of the Revised Code be	6
enacted to read as follows:	7

Sec. 2301.04.  (A) As used in this section, "particular	8
session of court" means a session of court in which cases are	9
assigned according to subject category rather than by a random	10
system of assignment.	11

(B) Except as otherwise provided in division (C) of this	12
section, cases in a multi-judge municipal or county court or a	13
multi-judge general, domestic relations, or juvenile division of a	14
court of common pleas shall be randomly assigned to judges of the	15
court or division through an objective and impartial system that	16
ensures the equitable distribution of cases between or among the	17
judges of the court or division. A court or division may, by local	18
rule, modify the random assignment system to provide for the	19
redistribution of cases involving the same criminal defendant,	20
parties, family members, or subject matter.	21

(C) The court or division shall dispose of cases in the	22
following subject categories by particular session:	23

(1) Civil cases in which a motion for default judgment is	24
made;	25

(2) Criminal cases in which a plea of guilty or no contest is	26
entered;	27

(3) Initial appearance in criminal cases;

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(4) Preliminary hearings in criminal cases;

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(5) Criminal cases in which an immediate trial is conducted	30
upon initial appearance;	31

(6) Small claims cases;

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(7) Forcible entry and detainer cases in which the right to	33
trial by jury is waived or not demanded;	34

(8) Cases in which a party has applied or been accepted into	35
a specialized court or docket.	36

(D) To guarantee a fair and equal distribution of cases, a	37
judge who is assigned a case by subject matter pursuant to	38
division (C) of this section may request the administrative judge	39
to reassign a similar case by lot to another judge in that court	40
or division.	41

(E) Cases not subject to assignment in a particular session	42
shall be randomly assigned. Civil cases shall be assigned when an	43
answer is filed or when a motion, other than one for default	44
judgment, is filed. Criminal cases shall be assigned when a plea	45
of not guilty is entered.	46

(F) The administrative judge shall equally apportion	47
particular session assignments among all judges. A judge shall not	48
be assigned to a particular session of court for more than two	49
consecutive weeks.	50

(G) If a previously filed and dismissed case is refiled, the	51
case shall be reassigned to the judge originally assigned by lot	52
to hear it unless, for good cause shown, that judge is precluded	53
from hearing the case.	54

(H) After the date of election of a judge to a new judicial	55
position, but before the first day of the judge's term, the	56
administrative judge of the court or division to which the new	57
judicial position belongs shall, through a random selection,	58
equitably reassign pending cases between or among the judges of	59
the court or division. Reassignment may exclude criminal cases and	60
cases scheduled for trial. Any matters arising in cases assigned	61
to the docket for the new judicial position prior to the date on	62
which the judge takes office shall be resolved by the	63
administrative judge or assigned to another judge.	64