Ohio § 2701.10

§ 2701.10.

(A) Any voluntarily retired judge, or any judge who is retired under Section 6 of Article IV, Ohio Constitution , may register with the clerk of any court of common pleas, municipal court, or county

court for the purpose of receiving referrals for adjudication of civil actions or

proceedings, and submissions for determination of specific issues or questions of

fact or law in any civil action or proceeding, pending in the court.  There is no limitation upon the number, type, or location of courts with which a

retired judge may register under this division.  Upon registration with the clerk of any court under this division, the retired judge

is eligible to receive referrals and submissions from that court, in accordance with

this section.  Each court of common pleas, municipal court, and county court shall maintain an

index of all retired judges who have registered with the clerk of that court pursuant

to this division and shall make the index available to any person, upon request. (B)(1) The parties to any civil action or proceeding pending in any court of common pleas,

municipal court, or county court unanimously may choose to have the action or proceeding

in its entirety referred for adjudication, or to have any specific issue or question

of fact or law in the action or proceeding submitted for determination, to a judge

of their choosing who has registered with the clerk of that court in accordance with

division (A) of this section. If the parties unanimously do choose to have a referral or submission made to a retired

judge pursuant to this section, all of the parties to the action or proceeding shall

enter into a written agreement with the retired judge that does all of the following: (a) Designates the retired judge to whom the referral or submission is to be made; (b) If a submission is to be made, describes in detail the specific issue or question

to be submitted; (c) Indicates either of the following: (i) That the action or proceeding in its entirety is to be referred to, and is to be

tried, determined, and adjudicated by that retired judge; (ii) Indicates that the issue or question is to be submitted, and is to be tried and determined

by that retired judge. (d) Indicates that the parties will assume the responsibility for providing facilities,

equipment, and personnel reasonably needed by the retired judge during the retired

judge's consideration of the action or proceeding and will pay all costs arising out

of the provision of the facilities, equipment, and personnel; (e) Identifies an amount of compensation to be paid by the parties to the retired judge

for the retired judge's services and the manner of payment of the compensation; (f) Indicates a procedure for terminating the agreement with the retired judge. (2) In any case described in division (B)(1) of this section, the agreement shall be

filed with the clerk of the court or the judge before whom the action or proceeding

is pending.  The judge before whom the action or proceeding is pending shall address the agreement

within fourteen days after its filing.  That judge, by journal entry, may, at the judge's discretion, order the referral

or submission in accordance with the agreement.  No referral or submission shall be made to a retired judge under this section, unless

the parties to the action or proceeding unanimously choose to have the referral or

submission made, enter into an agreement of the type described in division (B)(1)

of this section with the retired judge, and file the agreement in accordance with

this division. (C) Upon the entry of an order of referral or submission in accordance with division

(B)(2) of this section, the retired judge to whom the referral or submission is made,

relative to the action or proceeding referred or the issue or question submitted,

shall have all of the powers, duties, and authority of an active judge of the court

in which the action or proceeding is pending.  The court in which the action or proceeding is pending is not required to provide

the retired judge with court or other facilities, equipment, or personnel during the

retired judge's consideration of the action, proceeding, issue, or question.  The retired judge shall not receive any compensation, other than that agreed to

by the parties and the retired judge, for the retired judge's services during consideration

of the action, proceeding, issue, or question. (D)(1) A retired judge to whom a referral is made under this section shall try all of the

issues in the action or proceeding, shall prepare relevant findings of fact and conclusions

of law, and shall enter a judgment in the action or proceeding in the same manner

as if the retired judge were an active judge of the court.  A retired judge to whom a submission is made under this section shall try the specific

issue or question submitted, shall prepare relevant findings of fact or conclusions

of law, shall make a determination on the issue or question submitted, and shall file

the findings, conclusions, and determination with the clerk of the court in which

the action or proceeding is pending.  Any judgment entered, and any finding of fact, conclusion of law, or determination

of an issue or question made, by a retired judge in accordance with this section shall

have the same force and effect as if it had been entered or made by an active judge

of the court, and any appeal from the judgment, finding, conclusion, or determination

shall be made as if the judgment had been entered, or the finding, conclusion, or

determination had been made, by an active judge of the court. (2) Upon conclusion of the referred action or proceeding or determination of the submitted

issue or question, jurisdiction is returned to the referring judge. (E) Any judge who registers with any court in accordance with division (A) of this section

may have the judge's name removed from the index of registered retired judges maintained

by that court at any time after the registration.  On and after the date of removal of the name of a retired judge from the index of

a court, the retired judge is not eligible under this section to receive referrals

or submissions from that court. (F) This section does not affect, and shall not be construed as affecting, the provisions

of section 141.16 of the Revised Code .  This section does not apply to any action or proceeding pending in a small claims

division of a municipal court or county court.