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OH · rules

Ohio Sup.R. 4.30

Assignment of Judges--Municipal and County Courts

activein force · 2021-01-12 – presentact-effective-date

(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) Expenses

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.

History

Effective Date: July 1, 1997 Amended: December 1, 2009; January 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, ex rel. 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, S tate, 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. Commentary (July 1, 2026) Rule 17 was renumbered to Rule 4.30 as part of the 2026 restructuring of the Rules of Superintendence.

Provenance

Source
supremecourt.ohio.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
f890336d03c13e38111a8695022c4db98bfc21afc8ac12025ecf47c76a138c48
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