Ohio § 1901.121

§ 1901.121.

(A)(1) If a vacancy occurs in the office of a judge of a municipal court that consists of

only one judge or if the judge of a municipal court of that nature is incapacitated

or unavailable due to disqualification, suspension, or recusal, the chief justice

of the supreme court may assign a sitting judge of another court of record or a retired

judge of a court of record to temporarily serve on the court in accordance with rules

adopted by the supreme court pursuant to division (A)(1) of Section 5 of Article IV, Ohio Constitution .  The assignee shall be styled “assigned judge” and shall serve for any period of

time the chief justice may prescribe. (2) If a judge of a municipal court that consists of only one judge is otherwise temporarily

absent for a reason other than as specified in division (A)(1) of this section, the

judge may do either of the following: (a) Appoint a substitute who is a resident of the territory of the court or appoint a

substitute who is a resident of the territory of a municipal or county court that

is contiguous to the court.  The appointee shall either be admitted to the practice of law in this state and

have been, for a total of at least six years preceding appointment, engaged in the

practice of law in this state or a judge of a court of record in any jurisdiction

in the United States or be a retired judge of a court of record.  The appointee shall be styled “acting judge” and shall temporarily serve on the

court during the temporary absence of the incumbent judge. (b) Request the chief justice of the supreme court to assign a sitting judge of another

court of record or a retired judge of a court of record to temporarily serve on the

court in accordance with rules adopted by the supreme court pursuant to division (A)(1) of Section 5 of Article IV, Ohio Constitution .  The assignee shall be styled “assigned judge” and shall serve for any period of

time the chief justice may prescribe. (B) If a vacancy occurs in the office of a judge of a municipal court that consists of

two judges or if a judge of a municipal court of that nature is incapacitated, unavailable,

or temporarily absent, the presiding judge may do either of the following: (1) Appoint a substitute who is a resident of the territory of the court or appoint a

substitute who is a resident of the territory of a municipal or county court that

is contiguous to the court.  The appointee shall either be admitted to the practice of law in this state and

have been, for a total of at least six years preceding appointment, engaged in the

practice of law in this state or a judge of a court of record in any jurisdiction

in the United States or be a retired judge of a court of record.  The appointee shall be styled “acting judge” and shall temporarily serve on the

court during the vacancy or the incapacity, unavailability, or temporary absence of

the incumbent judge. (2) Request the chief justice of the supreme court to assign a sitting judge of another

court of record or a retired judge of a court of record to temporarily serve on the

court in accordance with rules adopted by the supreme court pursuant to division (A)(1) of Section 5 of Article IV, Ohio Constitution .  The assignee shall be styled “assigned judge” and shall serve for any period of

time the chief justice may prescribe. (C) If a vacancy occurs in the office of a judge of a municipal court that consists of

three or more judges or if a judge of a municipal court of that nature is incapacitated,

unavailable, or temporarily absent, the presiding judge may do either of the following: (1) If no other judge of the court is available to perform the duties of the judge, appoint

a substitute who is a resident of the territory of the court.  The appointee shall either be admitted to the practice of law in this state and

have been, for a total of at least six years preceding appointment, engaged in the

practice of law in this state or a judge of a court of record in any jurisdiction

in the United States or be a retired judge of a court of record.  The appointee shall be styled “acting judge” and shall temporarily serve on the

court during the vacancy or the incapacity, unavailability, or temporary absence of

the incumbent judge. (2) Request the chief justice of the supreme court to assign a sitting judge of another

court of record or a retired judge of a court of record to temporarily serve on the

court in accordance with rules adopted by the supreme court pursuant to division (A)(1) of Section 5 of Article IV, Ohio Constitution .  The assignee shall be styled “assigned judge” and shall serve for any period of

time the chief justice may prescribe. (D) When the volume of cases pending in any municipal court necessitates an additional

judge, the judge, if the court consists of a single judge, or the presiding judge,

if the court consists of two or more judges, may request the chief justice of the

supreme court to assign a sitting judge of another court of record or a retired judge

of a court of record to temporarily serve on the court in accordance with rules adopted

by the supreme court pursuant to division (A)(1) of Section 5 of Article IV, Ohio Constitution .  The appointee shall be styled “assigned judge” and shall serve for any period of

time the chief justice may prescribe. (E) An acting judge appointed pursuant to division (A)(2)(a), (B)(1), or (C)(1) of this

section and an assigned judge assigned pursuant to division (A)(1), (A)(2)(b), (B)(2),

(C)(2), or (D) of this section shall have the jurisdiction and adjudicatory powers

conferred upon the judge of the municipal court.  During the time of service, the acting judge or assigned judge shall sign all process

and records and shall perform all acts pertaining to the office, except that of removal

and appointment of officers of the municipal court.  All courts shall take judicial notice of the selection and powers of the acting

judge or assigned judge.