The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1877-08-14
House Joint Resolution

I'oo' 9"te@Wy Ite OuUtCtuTy QJ Me
State Of Ohio
Be ii resoloed V tile General Assenablu of ne
tate of Ohio, (three4ffths of all the members
lected to each house concurring therein
hat proposition to amend tn Constitution
t the State,of Ohio, be submitted to the
lectors OF the state. on the second Tuesday
# October, A D. 1877. as follows, to wit
That sections one, three fire, sic, eight.ttoeles.
oatrteen, fifteen, sirteen and eighteen, of article
our, be amended so as to read as 70 llows.
md section seven, of articls four, and gee.
ions twelve and thirteen Of article eleven
,e rept aled.
ARTICLE w
SEC. l. The judicial power Of the State
shall be vested in a Supreme Court, in Dis
.rict Courts, Courts of Common Pleas, Justi-
,es of the Peace and spch other courts infe-
-ior to the Supreme Court, In one or mora
counties. as the General Assembly may from
time to time establish. The Superior Courts
Of Cincinnati and Montgomery counties, shall
continue until otherwise provided by law,
SEC, 3, The court of Common Pleas shall
be holden by one Judge, wbe shall be elected
by the voters of the District and said Court
shall be open at all times for the transaction
Of business. Sundays and holidays excepted
Each county now existing or hereafter form
ed, shall constitute aseparate Common Pl. as
District, and each District shall be known bv
tee name of the county comprising the Dis.
trict.
SEC. S. 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 thar
three sessions in each county in the State.
The Legislature shall divide the State into
District Count districts, not exceeding twenty
in number and shall assign to each Common
Pleas and District Court districts, the number
of judges required to dispose of the business
therein. Each district shall be composed OF
compact territory, bounded bv county lines
and as nearly equal in population a. prasti.
cable. A concurrence of three Hfths only OF
all the members elected to both Houses shall
be required for the first apportionment, or to
determine the number of judges required /,
each District Court and Common Pleas dis.
trict, under this amendment, but no change
shall thereafter be made without the CON.
currence of two.thirds Of all the members
elected to both Houses, s. ~
Sections twelve and thirteen of article
eleven are hereby repealed; the repeal to
take effect when the Legislature makes the
apportionment mentioned in this section.
SEC. 6. The District Court shall have like
original jurisdiction with the Supreme Court
and such appellate or other jurisdiction as
may be provided by law.
SEC. s. The General Assembly may provide
by law for Judge pro tempors, to hold any
Court when the Judge thereof is disqualified
by sickness or otherwise to hold said court.
SEC. 70 The judges Of the districts and
of the Courts of Common Pleas, shall. whil,
in office, reside in the district in which thew
are elected, and their term Of Office shall b.
five years; but the Legislature may provide
by law that any Judge of the Common
Pleas Court shall hold that court in auy
other Common Pleas district; and that any
Judge Of the District Court shall hold tha,
court in any other district for that court thar
the one in which he resides; and judges q
the Common Pleas may temporarily ex
change districts with each other; and two O.
more Common Pleas Courts may be held a
the same time in the same district, and tv,
or more District Courts may be held at tn,
same time in district Of that court.
SEC. IA. The Judges Of the Supreme Court
the District Courts, and of the Court of Com
mon Pleas shall, at stated times, receive TO
their services such compensation as NAV b
provided by Law, which shall not be increase,
or diminished during their term of Office
but they shall receive no fees or perquisites
nor no Id any other office of trust or prof
under the authority Of any State, or of th
United States All votes for either of ther
for any elective office. except judicial Office
under the authority of this State given BY tn
General Assembly, or the people. shall be void
SEC. Is. The General Assembly may inereas
or diminish the number of the Judges of tn
Supreme Court, the number of the districts, {
the District Courts, the number of Judges i
any Common Pleas or District Court distric
change any District Court district, establis
other courts. abolish the Probate Court in an
county, or any other Court established by Law
whenever two-thirds of the members elected I
each House shall concur therein; but no sue
change shall vacate the office of any judge
The Court of Common Pleas provided for i
this amendment shall be the successor of th
present Probate Court and Courts of Commo
Pleas in each county. The District Court
herein provided for. shall be the successors q
the present District Courts; and all the book,
records, papers and business. in or appertainin
to said Courts, shall be transferred to their sue
cessors under this amendment; the existin
Probate Court is hereby abolished in eac
county at the close of the term for which th
Judge thereof was elected, first occurring afte
the election of Common Pleas Judges unde
this amendment, and the Clerks in the Court
of Common Pleas and District Courts, shall b
the clerks in the courts herein provided unit
their successors are elected and qualified; bu
the Supreme Court shall appoint its own re
porter. F
SEC. 16. There shall be elected in each count
by the electors thereof, one Clerk of the Cour
of Common Pleas, who shall hold his Office fo
the term of three years, and until his successo
shall be elected and qualified. He shall, b
virtue of his Office, be clerk of all other court
of record held therein, but the General Assem-
bly, may provide, by law, for the election of
clerk with like term of Office, for each or an
other of the courts of record, or for the ar
pointment by the Supreme Court of clerk fu
that court.
SEC. IS The several Judges of the Suprem
Court, of the District and Common Pleas an
of such other courts as may be created sba
respectively have and exercise such powers an
jurisdiction at chambers, or otherwise, as ma
be directed by law. -
The term of Office of all Judges of Commo
Pleas and District Courts provided for in thi
amendment, shall commence on the first MOI
day in January next after the making of til
apportionment provided for in section five of Al
ticle four, and the term of office of all Judge
of the Courts of Common Pleas, in office, VIII
were not elected as Judges under this amend
ment, shall then expire.
No change shall be made by this amend
ment in the Supreme Court, or in the Office q
term of any Judge thereof. The first election
of Judges of Common Pleas and Distric
Courts under this amendment, shall be held q
the general election for election of State off
GERS next after the making of said apportior
ment for District Court districts by the Legis
lature, but nothing in this amendment shal
be construed to change or alter the Constitu
ton or laws until said apportionment. Sec
tion seven of Article four is hereby repealed
and section twenty-five shall be numbered sec
ton seven.
FORM OF BALLOTT.
At said election, the voters desiring to vot
in favor OF the adoption of this amendment
shall have placed upon their ballots the words
judicial Constitutional Amendment-Yes;
the voters who do not favor the adoption o
said amendment, shall have placed upon thei
ballots the words, judicial Constitutions
Adopted April 6, 1877.