Ohio Supreme Court
From Judgepedia
The Ohio Supreme Court, Ohio's court of last resort, was founded in 1802. Most of its cases are appeals from the twelve district courts of appeals. The Court may grant leave to appeal felony cases from the courts of appeals and may direct a court of appeals to certify its record in any civil or misdemeanor case that the Court finds to be "of public or great general interest."[1]
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Jurisdiction
The Supreme Court also has appellate jurisdiction in cases involving questions arising under the Ohio or United States Constitutions, cases originating in the courts of appeals, and cases in which there have been conflicting opinions on the same question from two or more courts of appeals. The Supreme Court hears all cases in which the death penalty has been imposed. These cases currently include both appeals from courts of appeals affirming imposition of the death penalty by a trial court and, for capital crimes committed on or after Jan. 1, 1995, appeals taken directly from the trial courts. Finally, the Supreme Court's appellate jurisdiction extends to review of the actions of certain administrative agencies, including the Public Utilities Commission and the Board of Tax Appeals.
Responsibilities
The Constitution grants the Supreme Court exclusive authority to regulate admission to the practice of law, the discipline of attorneys admitted to practice, and all other matters relating to the practice of law. In connection with this grant of authority, the Supreme Court has promulgated the Supreme Court Rules for the Government of the Bar of Ohio. These rules address, among other things, admission to practice, attorney discipline, attorney registration, continuing legal education, and unauthorized practice of law.
The Constitution also gives the Supreme Court authority to prescribe rules governing practice and procedure in all courts of the state and to exercise general superintendence over all state courts. Procedural rules promulgated by the Supreme Court become effective unless both houses of the General Assembly adopt a concurrent resolution of disapproval.
History of the Court
The history of the Ohio Supreme Court begins with the history of the state.[2] When Ohio was carved out of the Northwest Territory and its first Constitution adopted in 1802, the Supreme Court of Ohio was established as the highest court in the state. That Constitution, which provided for a Court consisting of three Judges, required that a session of the Supreme Court be held each year in every county of the state.
Those early Judges spent a major portion of their time riding horseback over the state. They were usually accompanied by members of the bar who went along to present the cases to the Court. The Judges, in order to make room in their saddlebags for fresh linen, carried very few law books with them. They carried most of the law in their heads. Many of their early sessions were not held in the Statehouse--or even a courthouse--but were held in the homes of various individuals in several counties.
From those early days until the amendment of the Constitution in 1912, the number of Judges on the Supreme Court varied from three to six. By the amendment in 1912, however, the membership of the Court was fixed at seven, comprised of a Chief Justice and six Judges. That is the present size of the Court. In 1968, the Constitution was further amended to identify each of the other six member Justices.
Composition of the Court
The chief justice and six justices are elected to six-year terms on a nonpartisan ballot. Two justices are chosen at the general election in even-numbered years. In the year when the chief justice runs, voters pick three members of the Court. A person must be an attorney with at least six years of experience in the practice of law to be elected or appointed to the Court. Appointments are made by the governor for vacancies that occur between elections.[3]
Current Justices
- Thomas Moyer
- Paul Pfeifer
- Evelyn Stratton
- Maureen O'Connor
- Terrence O'Donnell
- Judith Ann Lanzinger
- Robert Cupp
Qualification, nomination, appointment, and tenure of Justices
All the seats on the court are elected at large by the voters of Ohio. Every two years, two of the associate justice seats are up for election. For one of those three elections in a cycle, the chief justice's seat is up for election. In order to run for a seat on the court, a person must be admitted to the Bar in Ohio, and have practiced as a lawyer or served as a judge for at least six years.[1] There is an age limit: One may not run for a seat on the court if one is more than 70 years of age. This limit often forces the retirement of long-time justices. Justice Francis Sweeney Sr was barred by this rule from running for re-election in 2004. The Governor of Ohio may appoint a Justice to the Court when there is a vacancy.
Officially, the judicial elections are non-partisan. However, in practical terms, all this means is that party designations for the candidates are left off the ballot and justices are restricted in making public political statements. Major and minor parties all nominate candidates for the court in their primary elections. The vast majority of justices have been nominated by the two major parties in Ohio, Democratic or Republican. Many of the individuals who have contested Supreme Court seats have also contested for nominally partisan political offices, both state and federal.
With the election of Justice Robert Cupp in November 2006 to replace Democrat Alice Robie Resnick, the Court is currently all Republican.
Breakdown: Judicial Selection in the states Appellate and General District Courts
Salary Chart
- Chief Justice: (2005) $140,100; (2006) $144,300; (2007) $146,750; (2008) $150,850[4]
- Justice: (2005) $131,500; (2006) $135,450; (2007) $137,750; (2008) $141,600
- Court of Appeals Judges: (2005) $122,550; (2006) $126,250; (2007) $128,400; (2008) $132,000
- Common Pleas Judges: (2005) $112,700; (2006) $116,100; (2007) $118,050; (2008) $121,350
- Full-time Municipal Court Judges: (2005) $105,950; (2006) $109,150; (2007) $111,000; (2008) $114,100
- Part-time Municipal Court and County Court Judges: (2005) $60,950; (2006) $62,800; (2007) $63,850; (2008) $65,650
To Disqualify a Judge
An affidavit of disqualification must be filed not fewer than seven calendar days before the day on which the next hearing in the proceeding is scheduled. Therefore, an affidavit must include the date of the next scheduled hearing, or a statement that no further hearings are scheduled.[5] An affidavit of disqualification must include the jurat of a notary public or another person authorized to administer oaths or affirmations. A proper jurat must include an indication that the document was both sworn to (or affirmed) and subscribed (or signed) in the presence of the notary.The statute also requires that the affidavit include a certificate indicating that a copy of the affidavit was served on the judge against whom the affidavit is filed and on all other parties to the underlying case or their counsel.
The affidavit should also list specific allegations supporting the claims of interest, bias, prejudice, or disqualification, and any supporting facts. Finally, an affidavit should include the name of the judge, the name of the court in which the proceeding is pending, the case caption and number, and the affiant's or affiant's counsel's name, address and telephone number.
An affidavit of disqualification is a statutory vehicle through which a litigant or attorney may request the Chief Justice of the Supreme Court to prevent a common pleas court or court of appeals judge from hearing a specific case. Affidavits may be filed to allege that a judge is interested in a proceeding pending before his or her court, has a bias or prejudice for or against a party to the proceeding or a party's counsel, or is otherwise disqualified to preside.
External Links
- Ohio Supreme Court Official Site
- Fortune Magazine: Legal Pad
- Fringe Tactics: Special Interest Groups Target Judicial Races
References
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