Rule 17 - Assignment of Judges-Municipal and County Courts(A)Definitions As used in this rule:
(1) "Retired judge" means a person who left service on the applicable court either voluntarily by reason of resignation or retirement or involuntarily by reason of Article IV, Section 6(C) of the Ohio Constitution. "Retired judge" does not include either of the following: (a) A person who was removed or suspended without reinstatement from service on any court of the state pursuant to the Rules for the Government of the Judiciary or resigned or retired from service on any court of the state while a complaint was pending against the person under those rules;(b) A person who is engaged in the practice of law.(2) "Sitting judge" means a person who currently holds judicial office by reason of election or gubernatorial appointment. (B) Assignment The Chief Justice or acting Chief Justice of the Supreme Court may assign any of the following persons who consent to temporarily serve as a judge on any municipal or county court:
(1) A sitting judge of a municipal or county court;(2) A retired judge of a municipal or county court, provided the judge was not defeated in the judge's final election for new or continued service on a municipal or county court;(3) A sitting judge of a court of common pleas or court of appeals who formerly served as a judge of a municipal or county court, provided the judge was not defeated in the judge's final election for new or continued service on a municipal or county court;(4) A retired judge of a court of common pleas or court of appeals who formerly served as a judge of a municipal or county court, provided the judge was not defeated in the judge's final election for new or continued service on a municipal or county court;(5) A sitting judge of a court of common pleas who has not formerly served as a judge of a municipal or county court, but has completed an educational program established by the Supreme Court of Ohio Judicial College;(6) A retired judge of a court of common pleas who has not formerly served as a judge of a municipal or county court, but has completed an educational program established by the Judicial College.(C) Compensation While serving on assignment pursuant to this rule, an assigned judge shall receive per diem compensation as provided in R.C. 1901.122(B) and 1907.142(B). Payment and reimbursement of the per diem compensation shall be as provided in R.C. 1901.123 and 1907.143.
(D) While serving on assignment pursuant to this rule, an assigned judge shall receive actual and necessary expenses for each day assigned. Expenses shall be paid from the municipal treasury or, in the case of a county-operated municipal court or a county court, from the county treasury.
(E) Construction This rule shall not be construed to limit affidavits of disqualification pursuant to R.C. 2701.031 or the assignment of acting judges pursuant to R.C. 1901.121 or 1907.142.
(F) Waiver The Chief Justice may waive compliance with any requirement of this rule to assist the exercise of the Chief Justice's discretion in making temporary assignments of judges pursuant to the Ohio Constitution and the Revised Code.
Amended January 12, 2021, effective 1/12/2021.Commentary
Assignment of sitting and retired municipal and county court judges
The assignment and compensation of all other sitting and retired judges is addressed in the Ohio Constitution, the Revised Code, and the Guidelines for the Assignment of Judges.
Compensation
The language "actual and necessary expenses" in division (C) of this rule does not appear in the Constitution, but reflects State, exrel. Winn v. Galvin (1974), 39 Ohio St.2d 58, which held actual and necessary expenses are a part of the established compensation of a visiting judge as specified in Article IV, Section 6(C) of the Ohio Constitution. While Winn concerned common pleas judges, State, ex rel. Graves v. Brown (1969), 18 Ohio St.2d 61 held Article IV, Section 6(C) of the Ohio Constitution also applies to municipal court judges.