Bill Title: To eliminate personal liability for probate and juvenile judges for the default, malfeasance, or nonfeasance of any appointee or employee.
Spectrum: Slight Partisan Bill (Republican 13-8)
Status: (Introduced - Dead) 2010-03-24 - Committee Report
[HB438 Detail]Download: Ohio-2009-HB438-Comm_Sub.html
As Reported by the House Judiciary Committee
128th General Assembly | Regular Session | 2009-2010 |
| |
Representatives Letson, Stautberg
Cosponsors:
Representatives Murray, Blessing, Grossman, Zehringer, Huffman, Derickson, Bubp, Stebelton, Hackett, Harwood, Wagner, Harris, Mecklenborg, Brown, Domenick, Pillich, Boyd, Batchelder, Coley
A BILL
| To amend sections 2101.11 and 2151.13 of the Revised | 1 |
|
Code to eliminate personal liability for probate | 2 |
|
and juvenile judges for the default, malfeasance, | 3 |
|
or nonfeasance of any appointee or employee. | 4 |
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 |