Bill Text: OH HB28 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To eliminate personal liability for probate and juvenile judges for the default, malfeasance, or nonfeasance of any appointee or employee.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-01-18 - To Judiciary & Ethics [HB28 Detail]

Download: Ohio-2011-HB28-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 28

Representatives Stautberg, Letson 

Cosponsors: Representatives Murray, Derickson, O'Brien, Okey, Szollosi, McClain, Mecklenborg 

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A BILL

To amend sections 2101.11 and 2151.13 of the Revised

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Code to eliminate personal liability for probate

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and juvenile judges for the default, malfeasance,

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or nonfeasance of any appointee or employee.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2101.11 and 2151.13 of the Revised	5
Code be amended to read as follows:	6

Sec. 2101.11.  (A)(1) The probate judge shall have the care	7
and custody of the files, papers, books, and records belonging to	8
the probate court. The probate judge is authorized to perform the	9
duties of clerk of the judge's court. The probate judge may	10
appoint deputy clerks, stenographers, a bailiff, and any other	11
necessary employees, each of whom shall take an oath of office	12
before entering upon the duties of the employee's appointment and,	13
when so qualified, may perform the duties appertaining to the	14
office of clerk of the court.	15

(2)(a) The probate judge shall provide for one or more	16
probate court investigators to perform the duties that are	17
established for a probate court investigator by the Revised Code	18
or the probate judge. The probate judge may provide for an	19
investigator in any of the following manners, as the court	20
determines is appropriate:	21

(i) By appointing a person as a full-time or part-time	22
employee of the probate court to serve as investigator, or by	23
designating a current full-time or part-time employee of the	24
probate court to serve as investigator;	25

(ii) By contracting with a person to serve and be compensated	26
as investigator only when needed by the probate court, as	27
determined by the court, and by designating that person as a	28
probate court investigator during the times when the person is	29
performing the duties of an investigator for the court;	30

(iii) By entering into an agreement with another department	31
or agency of the county, including, but not limited to, the	32
sheriff's department or the county department of job and family	33
services, pursuant to which an employee of the other department or	34
agency will serve and perform the duties of investigator for the	35
court, upon request of the probate judge, and designating that	36
employee as a probate court investigator during the times when the	37
person is performing the duties of an investigator for the court.	38

(b) Each person appointed or otherwise designated as a	39
probate court investigator shall take an oath of office before	40
entering upon the duties of the person's appointment. When so	41
qualified, an investigator may perform the duties that are	42
established for a probate court investigator by the Revised Code	43
or the probate judge.	44

(c) Except as otherwise provided in this division, a probate	45
court investigator shall hold at least a bachelor's degree in	46
social work, psychology, education, special education, or a	47
related human services field. A probate judge may waive the	48
education requirement of this division for a person the judge	49
appoints or otherwise designates as a probate court investigator	50
if the judge determines that the person has experience in family	51
services work that is equivalent to the required education.	52

(d) Within one year after appointment or designation, a	53
probate court investigator shall attend an orientation course of	54
at least six hours, and each calendar year after the calendar year	55
of appointment or designation, a probate court investigator shall	56
satisfactorily complete at least six hours of continuing	57
education.	58

(e) For purposes of divisions (A)(4), (B), and (C) of this	59
section, a person designated as a probate court investigator under	60
division (A)(2)(a)(ii) or (iii) of this section shall be	61
considered an appointee of the probate court at any time that the	62
person is performing the duties established under the Revised Code	63
or by the probate judge for a probate court investigator.	64

(3)(a) The probate judge may provide for one or more persons	65
to perform the duties of an assessor under sections 3107.031,	66
3107.032, 3107.082, 3107.09, 3107.101, and 3107.12 of the Revised	67
Code or may enter into agreements with public children services	68
agencies, private child placing agencies, or private noncustodial	69
agencies under which the agency provides for one or more persons	70
to perform the duties of an assessor. A probate judge who provides	71
for an assessor shall do so in either of the following manners, as	72
the judge considers appropriate:	73

(i) By appointing a person as a full-time or part-time	74
employee of the probate court to serve as assessor, or by	75
designating a current full-time or part-time employee of the	76
probate court to serve as assessor;	77

(ii) By contracting with a person to serve and be compensated	78
as assessor only when needed by the probate court, as determined	79
by the court, and by designating that person as an assessor during	80
the times when the person is performing the duties of an assessor	81
for the court.	82

(b) Each person appointed or designated as a probate court	83
assessor shall take an oath of office before entering on the	84
duties of the person's appointment.	85

(c) A probate court assessor must meet the qualifications for	86
an assessor established by section 3107.014 of the Revised Code.	87

(d) A probate court assessor shall perform additional duties,	88
including duties of an investigator under division (A)(2) of this	89
section, when the probate judge assigns additional duties to the	90
assessor.	91

(e) For purposes of divisions (A)(4), (B), and (C) of this	92
section, a person designated as a probate court assessor shall be	93
considered an appointee of the probate court at any time that the	94
person is performing assessor duties.	95

(4) Each appointee of the probate judge may administer oaths	96
in all cases when necessary, in the discharge of official duties.	97

(B)(1)(a) Subject to the appropriation made by the board of	98
county commissioners pursuant to this division, each appointee of	99
a probate judge under division (A) of this section shall receive	100
such compensation and expenses as the judge determines and shall	101
serve during the pleasure of the judge. The compensation of each	102
appointee shall be paid in semimonthly installments by the county	103
treasurer from the county treasury, upon the warrants of the	104
county auditor, certified to by the judge.	105

(b) Except as otherwise provided in the Revised Code, the	106
total compensation paid to all appointees of the probate judge in	107
any calendar year shall not exceed the total fees earned by the	108
probate court during the preceding calendar year, unless the board	109
of county commissioners approves otherwise.	110

(2) The probate judge annually shall submit a written request	111
for an appropriation to the board of county commissioners that	112
shall set forth estimated administrative expenses of the court,	113
including the salaries of appointees as determined by the judge	114
and any other costs, fees, and expenses, including, but not	115
limited to, those enumerated in section 5123.96 of the Revised	116
Code, that the judge considers reasonably necessary for the	117
operation of the court. The board shall conduct a public hearing	118
with respect to the written request submitted by the judge and	119
shall appropriate such sum of money each year as it determines,	120
after conducting the public hearing and considering the written	121
request of the judge, is reasonably necessary to meet all the	122
administrative expenses of the court, including the salaries of	123
appointees as determined by the judge and any other costs, fees,	124
and expenses, including, but not limited to, the costs, fees, and	125
expenses enumerated in section 5123.96 of the Revised Code.	126

If the judge considers the appropriation made by the board	127
pursuant to this division insufficient to meet all the	128
administrative expenses of the court, the judge shall commence an	129
action under Chapter 2731. of the Revised Code in the court of	130
appeals for the judicial district for a determination of the duty	131
of the board of county commissioners to appropriate the amount of	132
money in dispute. The court of appeals shall give priority to the	133
action filed by the probate judge over all cases pending on its	134
docket. The burden shall be on the probate judge to prove that the	135
appropriation requested is reasonably necessary to meet all	136
administrative expenses of the court. If, prior to the filing of	137
an action under Chapter 2731. of the Revised Code or during the	138
pendency of the action, the judge exercises the judge's contempt	139
power in order to obtain the sum of money in dispute, the judge	140
shall not order the imprisonment of any member of the board of	141
county commissioners notwithstanding sections 2705.02 to 2705.06	142
of the Revised Code.	143

(C) The probate judge may require any of the judge's	144
appointees to give bond in the sum of not less than one thousand	145
dollars, conditioned for the honest and faithful performance of	146
the appointee's duties. The sureties on the bonds shall be	147
approved in the manner provided in section 2101.03 of the Revised	148
Code.	149

The judge isshall not be personally liable for the default,	150
malfeasance, or nonfeasance of any such appointee, but, if a bond	151
is required of the appointee, the liability of the judge is	152
limited to the amount by which the loss resulting from the	153
default, malfeasance, or nonfeasance exceeds the amount of the	154
bond.	155

All bonds required to be given in the probate court, on being	156
accepted and approved by the probate judge, shall be filed in the	157
judge's office.	158

Sec. 2151.13.  The juvenile judge may appoint such bailiffs,	159
probation officers, and other employees as are necessary and may	160
designate their titles and fix their duties, compensation, and	161
expense allowances. The juvenile court may by entry on its journal	162
authorize any deputy clerk to administer oaths when necessary in	163
the discharge of histhe deputy clerk's duties. Such employees	164
shall serve during the pleasure of the judge.	165

The compensation and expenses of all employees and the salary	166
and expenses of the judge shall be paid in semimonthly	167
installments by the county treasurer from the money appropriated	168
for the operation of the court, upon the warrant of the county	169
auditor, certified to by the judge.	170

The judge may require any employee to give bond in the sum of	171
not less than one thousand dollars, conditioned for the honest and	172
faithful performance of histhe employee's duties. The sureties on	173
such bonds shall be approved in the manner provided by section	174
2151.12 of the Revised Code. The judge shall not be personally	175
liable for the default, misfeasance, or nonfeasance of any	176
employee from whom a bond has been required.	177

Section 2. That existing sections 2101.11 and 2151.13 of the	178
Revised Code are hereby repealed.	179