The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1877-08-28
House Joint Resolution


-Four oad Eleoen of the Constellation
Reoryanising the Judiciary Of the
State Of Ohio,
Be tt resoIoedby the General assembly Of The
State Of Ohio, (three-ffths of all the member.
elected to each house concurring therein.) |
That proposition to amend the Constitution |
Of the State of Chic, be submitted to the |,
electors Of the state. on the second Tuesday
of October, A. D. 1877. as follows, to wit
That sections one, three. fts, sic, eight ttDeEce,
fourteen, fifteen, sixteen and eiBhteen, of article
four, be amended so as to read as FLOWS, |
tions twelve and thirteen of article eleven
be repealed.
ARTICLBIv.
SEC. l. The Judicial power of the State |
shall be vested in Supreme Court, in Dis
trict Courts, Courts of Common Pleas, Justi- |
ces Of the Peace and such other courts infe- |
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 counties, shall |
continue until otherwise provided by law,
SEo 3, The court of Common Pleas shall
be holden by one Judge, whe 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. |
Zach county now existing or hereafter form
ed, shall constitute aseparate Common Pleas
District, and each District shall be known by
the 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 than
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 eaoh Common
Pleas and District Court districts, the number
of Judges required to dispose of the business
therein. Zach district shall be composed Of
compact territory, bounded BY county lines,
cable. concurrence of three ffths only of
all the members elected to both Houses shall
be required for the first apportionment, or to
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 cen.
currence of two.thirds of all the members
elected to both Houses, esstsi
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. g.. 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 tempore, to hold any
Court when the Judge thereof is disqualified
by sickness or otherwise to hold said court.
SEC. l2 The Judges of the districts and
of the Courts of Common Pleas, shall, whil.
in Office, reside in the district in which they
are elected, and their term of office shall bs
FIVE years; but the Legislature may provide
BY law that any Judge of the Common
Pleas Court shall hold that court in auv
other Common Pleas district; and that spy
Judge of the District Court shall hold that
court in any other district for that court tha
the one in which he resides; and judges Of
the Common Pleas may temporarily ex-
change 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 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 for
their services such compensation as may be
provided by law,which shall not be increased
or diminished during their term of Office
but they shall receive no fees or perquisites
nor no I'D any other Office of trust or profit
under the authority Of any State, or of the
/ United States. All votes for either of them
for any elective office. except judicial Office,
under the authority of this State given by the
General Assembly, or the people, shall be void
/ Sec. 10. The General Assembly may increase
Tor diminish the number of the Judges of the
Supreme Court, the number of the districts. o.
the District Courts, the number of Judges il
any Common Pleas or District 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 t.
each House shall concur therein; but no suof
change shall vacate the Office of any Judge
The Court OF Common Pleas provided for in
this amendment shall be the successor of the
present Probate Court and Courts Of Common
Pleas in each county. The District Court.
herein provided for. shall be the successors o,
the present District Courts; and all the books
records, papers and business, in or appertainine
to said Courts, shall be transferred to their sue
cessors 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 Common Pleas Judges unde,
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 re-
porter.
SEC. 16. There shall be elected il, 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 courts
of record held therein. but the General Assem-.
bly, may provide, by law, for the election of a
clerk with like term of Office, for each or any
other of the courts of record, or for the an.
pointment by the Supreme Court of clerk for
that court. G .l are rs ,,f... I
SEC 49, 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 NAV
be directed by law.
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 five of ar
ticle four, and the term of office of all Judges
of the Courts of Common Pleas, in office, who
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 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 election Of State off.
GERS next after the making of said apportion.
ment for District Court districts BY the Legis.
lature, but nothing in this amendment shall
be construed to change or alter the Constitu.
tion or laws until said apportionment. Sec.
ton seven of Article four is hereby repealed.
and section twenty-five shall be numbered Sec
ton seven. ef
FORM OF BALLOT.
At said election, the voters desiring to vote
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 of
said amendment shall have n1aced upnu thar