Ohio State University Extension Bulletin

Ohio Local Government
Structure and Finance

Bulletin 835-98


N. Judiciary

Judicial courts in Ohio are of two classes: constitutional and statutory. Constitutional courts are authorized by the Ohio Constitution and statutory courts by the Ohio Revised Code.

The constitutional courts are the Ohio Supreme Court, the Courts of Appeals and the Courts of Common Pleas. The statutory courts are municipal courts, county courts, mayors' courts and the Court of Claims.

Two types of cases come before Ohio courts: civil or criminal. Civil cases involve torts, contracts, property rights, etc. A person enforces another person's obligation, debt or right to him or her through civil action. Civil actions must be commenced within a specified period of time, called the statute of limitations.

Criminal cases involve violations of statutory law, either felonies (major offenses such as murder and armed robbery) or misdemeanors (minor offenses such as traffic violations).

The county common pleas court is the major local government court in Ohio. It has jurisdiction over all civil and criminal cases, except for those within the purview of county or municipal courts.

The county common pleas court system also includes the probate court, court of domestic relations and juvenile court divisions.

The number of judges in each county varies widely, according to statute and/or the wishes of the voters of each county.

The law provides for the election of a common pleas judge and a probate judge in each county, unless the citizens successfully petition to have those two combined into one position, as has been done in Adams, Harrison, Henry, Morgan, Morrow, Noble, and Wyandot Counties. A more usual arrangement for non-metropolitan counties to have two judges: a common pleas judge with jurisdiction over civil, criminal and domestic relations cases; and a probate-juvenile judge.

Larger counties may have single or multiple judges in each of the civil-criminal, domestic relations, probate and juvenile courts, as determined specifically by statute. Cuyahoga County has a juvenile court established independently of the common pleas court system.

Common pleas judges have considerable administrative authority in addition to their judicial duties. The various judges appoint the conservancy district board, two members of the county mental retardation and developmental disabilities board, one member of the children services board, two members of the metropolitan housing authority board, the county library board, county facilities review board, the jury commission, and the soldier's relief commission. Law concerning the common pleas court system is found in ORC Titles 21 and 23.

County and municipal courts generally have jurisdiction over traffic violations, misdemeanors and civil cases involving limited amounts of money. Municipal courts may have jurisdiction over just their municipality, their municipality plus other areas in the county or the entire county. County courts have jurisdiction throughout the county except in those areas within the jurisdiction of a municipal court. Each court's jurisdiction is established by statute. Municipal and county court law is found in ORC Title 19.

All judges are elected for six years.


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