Overview

The Ohio Supreme Court is the state’s highest court and is made up of one Chief Justice and six justices. Oh. Const. art. IV, § 2; “Ohio Courts.” **The Supreme Court has original jurisdiction in quo warranto and mandamus matters, as well as several other enumerated matters. Oh. Const. art. IV, § 2. The justices are elected for terms of not less than six years. Oh. Const. art. IV, § 6(A)(1); Ohio Rev. Code. Ann. § 2503.03.

The Court of Appeals is an appellate court made up of twelve districts. “Ohio Courts.” **The Court of Appeals, like the Supreme Court, has original jurisdiction in quo warranto and mandamus matters, as well as several other enumerated matters. Oh. Const. art. IV, § 3. The Court of Appeals also has jurisdiction to review, affirm, modify, or reverse judgments of inferior courts. Oh. Const. art. IV, § 3. Court of Appeals judges are elected for terms of not less than six years. Oh. Const. art. IV, § 6.

There is a Court of Common Pleas in each of the 88 counties in the state. “Ohio Courts;” Oh. Const. art. IV, § 4. These trial-level courts have original jurisdiction over all justiciable matters in the state. Oh. Const. art. IV, § 4. The judges of the Courts of Common Pleas are elected for terms of not less than six years. Oh. Const. art. IV, § 6.

The primary election-related responsibility of Ohio’s court system is to direct and control election contest proceedings. Election contest petitions are filed in specific courts, depending on the subject matter of the petition. Ohio Rev. Code. Ann. § 3515.08. The appropriate court is responsible for holding election contest proceedings, hearing evidence, and making judgments on the petition. Ohio Rev. Code. Ann. §§ 3515.12, 3515.14. The Supreme Court hears and determines a contest action if the subject of the contest is a statewide office or issue, a judicial office higher than the Court of Common Pleas, or an office or issue determined by voters in more than one county. Ohio Rev. Code. Ann. § 3515.08(B). The Court of Appeals of a district hears and determines a contest action if the subject of the contest is a judicial office in a county within the district. Ohio Rev. Code. Ann. § 3515.08(C). For all other offices and issues, a judge of the Court of Common Pleas of the county in which the contest arises hears and determines election contests. Ohio Rev. Code. Ann. § 3515.08(C).

Election-Related Duties

The key duties of the Supreme Court are:

1. Hearing and determining a contest action if the subject of the contest is a statewide office or issue, a judicial office higher than the Court of Common Pleas, or an office or issue determined by voters in more than one county. Ohio Rev. Code. Ann. § 3515.08(B).
2. Hearing and determining appeals of contest judgments made by lower courts. Ohio Rev. Code. Ann. § 3515.15.

The key duties of the Court of Appeals are:

1. Hearing and determining a contest action if the subject of the contest is a judicial office in a county within the district. Ohio Rev. Code. Ann. § 3515.08(C).

The key duties of the Circuit Court are:

1. Hearing and determining a contest action for all other offices and issues not designated to the Supreme Court or Court of Appeals. Ohio Rev. Code. Ann. § 3515.08(C).

Selection and Vacancy Information

• **Elected: ****Justices on the Supreme Court and judges on the Court of Appeals and Courts of Common Pleas are elected. Oh. Const. art. IV, § 6(A).
• Tiebreaking: In the case of a tie, either the appropriate Board of Elections or the Secretary of State resolves the tie by lot (depending on whether the judicial office is canvassed by the Board of Elections or the Secretary of State). Ohio Rev. Code. Ann. §§ 3505.33, 3505.35.
• Term of Office:
  • Justices of the Supreme Court serve a term of not less than six years. Oh. Const. art. IV, § 6(A)(1); Ohio Rev. Code. Ann. § 2503.03. Two justices are elected in each even-numbered year. Ohio Rev. Code. Ann. § 2503.03.
  • Judges on the Court of Appeals and Courts of Common Pleas are also elected for terms of not less than six years. Oh. Const. art. IV, §§ 6(A)(2), (3). One judge on the Court of Appeals is elected every two years. Ohio Rev. Code. Ann. § 2501.02(B).
• Qualifications and Restrictions:
  • To serve in any judicial office, a person must be less than 70 years of age when elected or appointed. Oh. Const. art. IV, § 6(C).
  • To serve as a Supreme Court justice or judge on the Court of Appeals, a person must be admitted to practice law in Ohio for at least one year preceding the commencement of the judge’s term. Ohio Rev. Code. Ann. §§ 2501.02(A), 2503.01. A person must also have, for a total of six years, either (1) served as a judge in any jurisdiction in the U.S.; (2) been engaged in the practice of law in Ohio; (3) practiced in federal court in Ohio; or (4) engaged in the practice of law as in-house counsel for a business in the state. Ohio Rev. Code. Ann. §§ 2501.02(A)(1)-(3), 2503.01.
• Vacancy: If the office of any judge becomes vacant, the Governor shall fill the position by appointment until a successor is elected. Oh. Const. art. IV, § 13. The successor must be elected for the unexpired term at the first general election for the office that occurs more than 40 days after the vacancy occurs. Oh. Const. art. IV, § 13. However, if the unexpired term ends within one year after the general election, the election is not held and the appointee serves the rest of the unexpired term. Oh. Const. art. IV, § 13.