The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1877-04-24
House Joint Resolution

-Four and Eieren of the Constitution
Reoyyanizing the Judiciary Of the'
State Of Ohio .s-ssE ,g .sas
Be it resdced 6ytts General Assembly Of tho
Sstte Of Ohio lthree-ffths OF oil the members
. elected to each house ,conourring thersin.)
That a proposition TO amend the Constitution
! OF the State Of Ohio, be submitted to the
| electors of the state. on the second Tuesday
Of October, A DIST. as follows. to wit
That actions one. Mrse, fse. sir. eigas,f ,feeloc,
teugteen, Glesn, aTteen and eigateea, Of article
four, be amended SO as to read al follows,
and sscfion seven. Of srtiels four, and sec-
tions twelve aud thirteen OF sfticis slevsn
he rep aled. 10 selaa@
.saa. g s'aa gARTlCLRIv IFse
SEC ! The judicial powse OF the State
shall be vested In Supreme Court, in Dis
trict Courts, Courts Of Commou Plsss, justi-
ces of the Peace and fuch other courts infe1
rior TO the Supreme Court, in one or more
counties. as the General Assembly may from
time to time establish The Superior courts
Of Cincinnati and Montgomery countiesshali
continue until otherwise provided BY law. 81
Ssc, 8, The court of Common Pleas shalt
be holden by ons Judge, wbe shall be elected
by the voters Of the District, and said Court
shall be open at all tunes for the transaetion
of business. Sundays and holidays excepted.
Rach county now existing or hereafter form
ed, shall constitute separate Common Pl as
District, and each District shall be known by
the name Of the county comprising the Dis!
trict. ~ .A1ss9fg
SEC. s. Zach District Court shall consist
of one Judge. who shall be elected by the
voters of the district. There shall be elected
one o. 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 Couit districts, not exceeding twenty
in numbers and shall assign to saoh Common
Pleas and District Court districts, the number
Of Jadgss required to dispose of the business
| therein. Each district shall be composed Of
compact territory, bounded by county lines
and as nearly equal in population as praSti-
cable. A concurrence of three 6fths only Of
all the members elected to both Houses, shall
be required for the first superintendent, or 10
determine the number of judges required In
each District Court and Common Pleas dis
trict,. under this amendment, but no change
shall thereafter. be made without the oon-
currenoe Of twoihirds Of all the members,
elected to both Houses, M 5,f ~
| Sections twelve and thirteen Of article
eleven are hereby repealed; the repeal to
take effect when the Legislature makes the
spportionment. mentionedin in this section.
| SEC. g. The District Court shall have like
onsina, jurisdiction with the Supreme Court,
and such appellate orsther juriadictioa ~
may be provided by law. "a s;...,t
SIC. s. The General Assembly may provide
by law for Judge pro tempore, to hold any
Court when the Judge thereof is disqualified
by sickness or otherwise to hold said court.
| SIC. L. The Judges Of the districts aud
of the Courts of Common Pleas shall, while
| in Office, reside in The district in which they
are elected, and their term of otfios 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 court than
the ons in which he rssides; and Judges Of
the Common Pleas may temporarily ex-,
ohange districts With each other; and two or
more Common Pleas Courts may be held at
the same time in the sau.e district, and two
or more District Courts may be held st The
same time in 9 district Of that court. t3t q
| Sso. l4. The Judges of the Supreme Court;
the District Courts, and of the Court Of Com
mon Pleas shall, at stated times, receive fcr
their services such compensation as may be.
provided by Law, which shall not be increased
or diminished during their term Of .ofaoe.
but they shall receive no fees or perquisites,
lnor hold any other Office Of trust or proHs
under the authority Of any State, or Of the
I United States All votes for either Of them
for any elective ofhae, except judicial 0fiae.
under the authority of this State given by the
General Assembly, or the people, shall be void.
\ SEC. 10. The General Assembly may inoreAss
or diminish the number of the Judges Of the
/ Supreme Court, the number of the districts, Of
the District Courts, the. number Of Judges in
/ any Common Pleas or District Court district,
/ change any District Court districts, establish
i 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 vaoate the Office of any Judge
The Court Of Common Pleas ptoyiaod for In
i this amendment shall be the successor of the
present Probate Court and Courts of Common
/ Pleas in each county. The District Courts
herein provided for. shall be the successors Of
4 the present District Courts and all the books,
records, papers and business in or appertaitiing
to said Courts shall be Transferred to their sno-
oessors under this amendment, the existing
Probate Court is hereby abolished in each
county at the close of the term for which tha
Judge thereof was elected, first occurring after
1.-THE election of Common Pleas Judges under
this amendment, and the CLERKS in the Courts
Of Common Pleas and District Courts, shall be
the clerks in the courts herein provided until
their successors are elected and qualified; but
the Supreme Court shall appoint its own 70.
tporter. lhm I999l e 92E siit
SEC 16 There shall be elected in esoh county
lby the electors thereof. one Clerk of the Court
of Common Pleas, who shall hold his offioe for
4 the term Of three years, and until his successor
shall be elected and qualified. He shall, BY
virtue Of his Office be clerk of al other courts
of record held therein, but the General Assem-
Ibly may provide, by law, for the election Of &
clerk with like term of Office, for each or any
other of the courts Of record. or for the ap-
Ipointment by the Supreme Court Of . clerk for
that court. 81 "a lsrs .1is Eehs4s nj :. -
SEC. 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 powers and
Jurisdiction. at chambers. or otherwise, as may
be directed by law t,l, .s.tag.s 4 y, ss4
The term of Office Of all Judges Of Common
Pleas and District Courts provided for in this
amendment, shall commence on the first Mon-
day in January next after the making of the
apportionment provided for in section Ave Of ar
ticle four, and the term Of office Of all judges
of the Courts of Common Pleas, in Office, who
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