Juvenile Court Rules
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Rule 25: JUDGES

Judges; Use of Retired Judges

I. Administrative Judge

A. Election. The Judges of The Division of Domestic Relations and Juvenile Branch shall select an Administrative Judge at the November Judges' meeting under the terms and conditions as set as set forth in Sup. R. 4 (B). The candidates for Administrative Judge shall have completed two years as a Judge in this Division before assuming the office. Prior to the election, any Judge(s) who has/have indicated their interest in becoming Administrative Judge shall also indicate the term for which they are willing to serve. The Administrative Judge may be elected for a term of one (1) or three (3) years, and may be re-elected for consecutive terms of either one (1) or three (3) years. The election for Administrative Judge shall be by secret ballot. Election requires that the Administrative Judge receive a majority vote of the sitting judges.

B. Notice. The Administrative Judge shall notify the Administrative Director of the Supreme Court of the Judge’s designation or election as the Administrative Judge by January 15th of each year of their term.

C. Powers and Responsibilities.

1. The Administrative Judge shall have such powers and duties as set forth in Sup. R. 4.01.

2. The Administrative Judge shall administer the oath of office to all newly appointed Magistrates pursuant to Sup. R. 19.

3. The Administrative Judge shall determine days when the weather or other causes require the Court to be closed.

4. Pursuant to Sup. R. 4.03, the Administrative Judge shall receive a docket reduction of 15%, unless a greater, continuing reduction is agreed upon by a majority of the sitting Judges of the Division.

5. The Administrative Judge may issue an order authorizing the Court to operate at a temporary location pursuant to R.C. 2301.04.

I. Lead Juvenile Judge

A. Election. The Judges of The Division of Domestic Relations and Juvenile Branch shall select a Lead Juvenile Judge at the November Judges' meeting. Prior to the election, any Judge(s) who has/have indicated their interest in becoming Lead Juvenile Judge shall also indicate the term for which they are willing to serve. The Lead Juvenile Judge may be elected for a term of one (1) or three (3) years, and may be re-elected for consecutive terms of either one (1) or three (3) years. The election for the Lead Juvenile Judge shall be by secret ballot. Election requires that the Lead Juvenile Judge receive a majority vote of the sitting judges.

B. The Lead Juvenile Judge, in conjunction with the Administrative Judge, shall work with the Juvenile Court and the Court’s juvenile justice partners to institute Court policy and procedures related to the juvenile docket.

II. Duty Judge

A. The Administrative Judge shall appoint one judge each week based upon a set rotation who shall be known as a "Duty Judge."

B. In addition to a regular docket, the "Duty Judge" shall be responsible for civil protection orders, bond hearings, other unclassified business of the Court, and shall act for any other Judge who is not available.

III. Recusal of Sitting Judge.A.

A. When necessary or proper a judge may recuse himself or herself from a particular case. In those circumstances, that judge shall inform the Administrative Judge in writing of such disqualification and, upon approval of the Administrative Judge, the Assignment Commissioner shall cause the matter to be randomly assigned to another sitting Judge. (Sup. R. 36.019(B))

B. Should a matter arise where all judges of the Division determine that it is necessary or proper to recuse themselves, the Administrative Judge shall cause the matter to be reassigned to a visiting judge or make such other arrangements for the disposition of the matter as is appropriate. (Sup. R. 36.019(B)) 

IV. New Judges.

A. Existing Seat.

Any judge appointed or elected to succeed another shall take over the cases of the predecessor judge.

B. New Seat.

1. An additional judge shall be assigned, from the individual docket of the other members of the court, a randomly-selected and equitable share of the pending cases in each case category (excepting those related to Civil Protection Orders) as of November 30 of the year preceding the commencement of the term of the new judge.

2. The Administrative Judge may also cause to be assigned a randomly-selected and equitable share of closed cases in each case category (excepting those related to Civil Protection Orders) from a set period of time prior to the commencement of the new judge’s term.

3. Any matters arising in cases assigned to the docket for the new judicial position prior to the date on which the judge elected to that position takes office shall be resolved by the previously assigned Judge, or as otherwise directed by the Administrative Judge.

V. Retired Judges

A. Compliance with Ohio Revised Code. The use of retired judges shall comply with the requirements set forth in Ohio Revised Code Section 2701.10. Any agreement between the parties to the case and a retired judge which fails to comply with Ohio Revised Code Section 2701.10 shall be rejected by the Court. A retired judge shall be registered with this Court prior to accepting any referrals.

B. Registration. All retired judges requesting registration with this Court shall submit their registration to the Administrative Judge of this Court, who shall cause the registration to be filed with the Clerk of Court, and who shall maintain and update an index of all retired judges who are available to hear matters assigned to this Court. All registrations shall include the retired judge’s Supreme Court registration period.

C. Renewal of Registration. In order to maintain an accurate index of available retired judges that can be disseminated to the public, all retired judges shall update their registration on a biennial basis, to coincide with their Supreme Court registration period.

D. Referrals. All referrals to a retired judge shall be by agreement of the parties and shall be submitted with a Motion, Entry, and Agreement. All referrals shall be directed to the Court’s Duty Bailiff. If the referral is submitted with a new filing that has not been assigned a Judge and a case number, the Judge and case number information on the referral may be left blank.

E. Motion.

1. Form. The parties shall use a form that substantially complies with the form prescribed by the Court, or such other form that meets the requirements of this Local Rule.

2. Filing. A request for referral to a retired judge shall be by motion of the parties, and shall be efiled as a “Motion for Referral to Private Judge.”

3. Collaborative Law Statement. The motion shall include a statement as to whether the parties have resolved the issues before the Court through the collaborative law process as set forth in the Ohio Revised Code.

F. Agreement.

1. Form. The parties shall use a form that substantially complies with the form prescribed by the Court, or such other form that meets the requirements of the Ohio Revised Code and this Local Rule.

2. Filing. The Agreement of the parties to use the services of a retired judge shall be a separate document from the Motion and Entry, and shall be efiled as an “Agreement for Trial by Reference.”

3. Official Record. The agreement shall provide for the parties’ consent to the taking of an electronic record of the proceedings as the official record. The agreement shall also indicate how the official record of the proceedings will be made, which may include digital audio recording, stenographic type (using a private court reporter), or digital video recording. No other method shall be used unless leave of Court is sought prior to the referral.

4. Completeness. The filer shall ensure that the signatures of the parties and the retired judge are contained on the agreement, and that all information is filled out completely. Failure to complete the agreement will result in denial of the motion and all materials will need to be resubmitted.

G. Entry.

1. Form. The parties shall use a form that substantially complies with the form prescribed by the Court, or such other form that meets the requirements of the Ohio Revised Code and this Local Rule.

2. Filing. The Entry of the parties to use the services of a retired judge shall be a separate document from the Motion and Agreement, and shall be efiled as a “Filing submitted to Duty Bailiff: Entry for Referral to Private Judge.”

3. Referral Back. The Entry submitted shall include language which refers the matter back to the Court’s assigned judge at the conclusion of the specific matter or question of law referred to the retired judge.

4. Grant or Deny. The Entry shall allow for either the granting of the Motion for Referral if the referral complies with the Ohio Revised Code, all provisions of this Local Rule and is approved; or the Denial of the Motion for Referral if the motion, entry, or agreement are deficient. Upon denial, a new motion shall be filed along with the corrected Agreement and Entry.

H. Hearings.

1. Scheduling. All dissolutions being referred to a retired judge shall be heard within the timeframes required by Ohio Revised Code Section 3105.64. All complaints for divorce, legal separation, or annulment being referred to a retired judge shall be heard in accordance with Civil Rule 75. Dissolutions being referred to a retired judge and resolved pursuant to the collaborative law process (as defined by the Ohio Revised Code) may request expedited scheduling in accordance with Ohio Revised Code Section 3105.64(C) with the permission of the assigned Judge.

All matters to be referred to a retired judge shall be scheduled for a date certain, and the Motion, Entry and Agreement shall be filed no less than 14 days prior to that hearing date to ensure processing and service of the required agreement and referral entry. Agreements submitted that do not comply with this timeframe shall result in denial of the Motion for Referral and all items, including the Motion, Agreement and Entry will need to be resubmitted.

Any hearing dates before the retired judge that are continued shall be completed using the Court’s form and shall be filed timely with the Clerk of Courts.

2. Existing Court Dates. When a referral to a retired judge is requested after the matter has been scheduled with the Court’s assigned judge, the parties shall submit all referral paperwork 14 days prior to the hearing date with the assigned Judge. Upon approval of the agreement and referral entry, the party who requested the referral shall provide a courtesy copy of the signed Entry to the Assignment Commissioner so any existing dates before the assigned Judge may be struck.

If the parties are unable to submit their referral request 14 days prior to the existing court date before the assigned Judge, they shall request a continuance of the existing date from the assigned Judge to allow for the necessary time to process the referral to the retired judge.

3. Recording. All hearings before a retired judge shall be recorded electronically, either through digital audio recording, digital video recording or stenographic type. A copy of all digital audio and video recordings shall be labeled with the case name, case number, date of hearing, and the name of the retired judge. The audio or video recording shall be of sufficient quality to permit the preparation of a transcript from the submitted copy. The retired judge will deposit the electronic recording with the Court’s Court Reporter Supervisor within 14 days.

Whenever a private court reporter is used to record a hearing by stenographic means, a certified transcript of the hearing shall be filed with the Court within 21 days.

The digital recording or the certified transcript shall be the official record of the proceedings.

4. Interpreters. The retired judge shall comply with the Ohio Supreme Court Rules of Superintendence as it relates to the use of interpreters for hearings.

I. Additional Documents and Existing Scheduling Orders.

1. Required Items. All cases referred to retired judges shall include all required forms, pleadings, and affidavits required by the Ohio Rules of Civil Procedure and Franklin County Local Domestic Rules.

2. Review of Pleadings. All forms, pleadings, and affidavits filed in a case referred to a retired judge shall be provided to the retired judge no less than 10 days in advance. The retired judge shall be provided copies of all additional forms, pleadings, and affidavits filed subsequent to the referral in a timely manner. The retired judge shall review all pleadings, affidavits, and forms in advance of each scheduled hearing.

3. The retired judge shall use a Court-provided checklist specific to the hearing type when reviewing the submitted pleadings and shall note any deficiencies contained in the pleadings, affidavits or proposed entries. The retired judge shall ensure that all deficiencies are remedied prior to the final hearing. A copy of this checklist shall be filed as a miscellaneous document when the final decree(s) is/are filed in the case. Scheduling Orders. Any scheduling orders entered in a matter prior to a referral to a retired judge shall be complied with by the parties and enforced by the retired judge until such time as the retired judge amends the scheduling order.

J. Referral Back to Assigned Judge. Following the completion of the retired judge’s duties as prescribed in the agreement, the matter shall be automatically referred back to the originally assigned sitting judge as requested in the Entry for Referral. If the originally assigned judge is no longer with the Court, the case shall be assigned to any subsequent judge who otherwise would have presided over the case.

(Amended, eff 7/1/85, eff 7/1/93, eff 7/1/99; 12/28/18; 11/1/20)