The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1877-06-14
HOUSE JOINT RESOLUTION
Relative to an Amendment of Articles Four
and Eleven of the Constitution, Reorgan-
izing the judiciary of the State OF Ohio.

. BE Il resolved on Ire General Assembly Of IN,
| State Of Ohio (thiee-f tbs OF oil the members
proposition to amend the Constitution Of the
state OF Ohio, be submitted TO the electors o
the state, on the second Tuesday OF October A
/ ID. 1877, as follows, o Wit:
That sections one 1ree, yfre. sir, eight, tl0eiue
gourteen, freen Lltee1. and eighteen, OF article
four, be amended 50 as to read as follows, and
section seven, of article four, and sections
twelve and thirteen OF article eleven, be re-
pealed:
ARTICLE Nv.
SEC. l. The Judicial power OF the State shall
be vested in supreme Court, in District Courts,
Courts Of Common Pleas, Justices Of the Peace
Court IN one or more counties, as the General
.S,ss' .AS,sse99loly may from Time TO time establish.
golnery counties, shall continue until otherwise
provided by law.
SEC. 3. The Court Of Common Pleas shall be
holden by one Judge, who shall be elected by
the voters OF the District, and said Court shall
ness, sundays and holidays excepted. Each
county now existing or hereafter formed. shall
constitute separate Common Pleas District.
and each District shall be known by the name
OF the county compr ing the District.
SIC. 5. Each District Court shall consist Of
one Judge, who shall be elected by the voters
of the district. There shall be elected one or
more Judges in each district, and there shall be
held annually, not less than three sessions in
each county in the state The Legislature shall
divide the State into District Court districts,
not NOT exceeding twenty In number and shall a.
district, the number of Judges required TO dis
pos, Of the business therein. Zach district
ed by county lines, and as nearly equal in pop
ulation as practicable. A concurrence OF three
niths only OF all the members elected to both
Houses, shall be required for the first appor-
llonment, or TO determine the number of
Judges required in each District Court and
Common Pleas district, under this amendment,
but no change shall thereafter be made without
the concurrence Of two-thirds Of all the MEM
bers elected to both Houses.
Sections twelve and thirteen Of article eleven
are hereby repealed; the repeal to take effect
when the Legislature makes the apportion-
ment mentioned in this section.
SEC. 8. The District Court shall have like
original jurisdiction with the Supreme Court,
and such appellate or other Jurisdiction as may
be provided by law.
SIC. s. The General Assembly may provide
by law for a Judge pro tempore, TO hold any
court when the Judge thereof is disqualified by
sickness or otherwise to hold said court.
SIC. II. The Judges OF the districts and OF the
Courts OF Common Pleas. shall, while In Office,
reside in the district i'm which they are elected,
and their term of Office shall be five years; but
the Legislature may provide by law that any
Judge of the Common Pleas Court shall hold
that court in any other Common Pleas district;
and that any Judge of the District Court shall
hold that court in any other district for that
Judges Of the Common Pleas may temporarily
exchange districts with each other; and two or
more Common Pleas Courts may be held at the
same time IN the same district. and two or
more District Courts may be held at the same
time in a district of that court.
SEC. a.. The Judges of the Supreme Court,
the District Courts, and the Court of Common
Pleas shall, at stated times. receive for their
services such compensation as may be provid-
ed by law, which shall not be Increased or di-
minished during their term Of Office, but they
shall receive no fees or perquisites, nor hold
thority of any state, or of the United States.
All votes for either of them for any elective
ONCE, except judicial Office, under the au-
thoTity of this State given by the General As
sem6ly, or the people, shall be void.
SEC. 10. The General Assembly may increase
or diminish the number of the Judges of the
supreme Court, the number Of the districts,
any Common Pleas or Distlict Court district,
change any district Court district, establish
other courts, abolish the Probate Court In any
county, or any other Court established by law,
whenever twO-thirds of the members elected TO
each House shall concur therein; but no such
change shall yacate the Office of any Judge. The
Court of Common Pleas provided for in this
amendment shall be the successor Of the pres
ent Probate Court and Courts OF Common Pleas
in each county. The District Courts herein
provided for, shall be the SUCCESSORS OF the pres
ent District Courts; and all the books, records,
Courts. shall be transferred 10 their successors
under this amendment; the existing Probate
Court Is hereby abolished In each county at the
close Of the term for which the Judge thereof
was elected first occurring after the election OF
and the Cerks in the Courts of Common Pleas
and District Courts, shall be the clerks I'm the
courts herein provided 'until their SUCCESSORS
are elected and qualified but the supreme
Court shall appoint its own reporter.
SEC. ID. There shall be elected in each county
by the electors thereof one Clerk Of the Court
of Common Pleas, who shall hold his Office for
the term of three years, and until his successor
shall be elected and qualified. He shall, by
virtue of his Office, be clerk of all other cour ;
| of record held therein, but the General Assem-
| bly, may provide, by law, for the election of a
clerk with a ike term of Office, for each or any
other of the courts OF record, for the appOint-
ment by the Supreme Court Of a Clerk for that
Court.
| SIC Is. The several Judges Of the Supreme
Court OF the District and Common Pleas, and
/ of such other courts as may be created. shall
| respectively have and exercise such power and
| jurisdict on at chambers, or otherwise, as may
| be directed by law.
/ The term OF office Of all Judges Of Common
| Pleas and Distiict Courts provided for In this
/ amendment, shall commence on the first Mon
/ day i'm January next after the making OF the
| appointment provided for In section five OF
article four, and the term OF office of all Judges
/ of the Courts of Common Pleas, I'm Office, who
| were not elected as Judges under this amend
ment, shall then expire.
| Noel nge shall be made by this amendment
| in the Supreme Court, or In the Office or term
| Of any Judge thereof The first election OF
! Judges of Common Pleas and district Courts
/ under this amendment, shall be held at the
general election for the election Of state officer
next after the making of said appOrtiOnmenl
for District Court districts by the Legislature
but nothing i'm this amendment shall be con
strued To change or alter the Constitution OF
laws until said apportiOnment. Section sever
| Of Article four il hereby repealed, and section
twenty-five shall be numbered section seven.
FORM OF BALLOT.
| At said election. the voters desiring to vote II
| favor of the adoption of this amendment. shal
have placed upon their ballots the words
"Judicial Constitutional Amendment-Yes;
the voters who do not favor the adoption q
| said amendments, shall have placed upon thei
ballots the words, judicial Constitutions
| Amendment-NO.'
| Adopted March q, ls17.
President of the senate