checklist for newly elected or appointed judges - Supreme Court

A STEP-BY-STEP GUIDE OF REQUIRED DOCUMENTATION
FOR ELECTED OR APPOINTED JUDGES
On or before the first day of the term of office, a judge must take the oath of office
prescribed in Ohio Revised Code 3.23. A newly elected or appointed judge must take the oath of
office before entering judicial office, and an incumbent judge must take the oath of office prior to
the commencement of each term of office.
The following is a step-by-step guide that summarizes the statutory requirements that
must be addressed before commencing judicial service or a new term of judicial office. Please
consult the referenced statutes for additional information.
STEP 1: REQUIRED DOCUMENTATION
The Ohio Revised Code directs the preparation of two documents relative to your
election or appointment to judicial office:
• A certificate of election or appointment from the county board of election.
An appellate judge whose district consists of more than one county can obtain
the certificate of election from the board of elections of the most populous county in
the district. The certificate of election for a Supreme Court justice is issued by
the Secretary of State. (R.C. 3505.35, 3505.36, 3505.38)
• A Governor’s commission. The board of elections forwards the certificate
of election to the Secretary of State after the judge pays the $5.00 fee ($2.00 for
county court judges). Once the certificate of election is received, the Secretary of
State prepares a commission for the Governor’s signature. The signed
Governor’s commission is transmitted to the clerk of the court of common pleas of
the county in which the judge resides, and the clerk transmits the commission to the
person named in the commission. (R.C. 107.06, 107.07, and 2701.06)
You must have your certificate of election or appointment and your commission from the
Governor before you may take your official oath of office and begin performing judicial duties
(R.C. 107.05).
STEP 2: OATH OF OFFICE
Once a judge receives the commission from the Governor, the judge may take the oath of
office prescribed by R.C. 3.23. The Revised Code specifies the form of the oath, when the oath
of office must be taken, and who may administer the oath.
Form of Oath
The form of the oath of office and content of required certification. (R.C. 3.23)

When
• A judge must take the oath of office on or prior to the first day of the official term of
office (R.C. 3.23). For judges appointed or elected to complete the balance of a term of
office, the first day of the official term is the date on which the appointed or elected
judge will assume office. For judges elected to a full term of office, the first day of the
official term is the date specified in the Revised Code and reflected in election
documents such as your nominating petitions or certificate of election. A judge must
take the oath of office upon the commencement of each term of office.
• A Supreme Court justice must appear before the Supreme Court, or a justice of the
Supreme Court if the Court is not in session, and take the oath of office on or prior to the
first day of the justice’s official term. The taking of the oath must be entered on the
Court’s journal. (R.C. 2701.05)
Who May Administer
The oath of office for a Supreme Court justice must be administered by another member of
the Supreme Court (R.C. 2701.05). The oath of office for a trial or appellate judge may be
administered by any of the following persons:
• Any municipal court judge, or a person holding a nonjudicial, elective office, but only to
a person elected or appointed within the same geographical constituency (R.C. 3.24).
• A Supreme Court justice, court of appeals judge, or common pleas judge, regardless of
territorial jurisdiction (R.C. 3.24).
• A member of the General Assembly, but only to a person elected or appointed to any
office under the Ohio Constitution (R.C. 3.24).
• A notary public anywhere in Ohio (R.C. 3.24 and 147.07) or a municipal court clerk
(R.C. 1901.31).
Certification and Filing
The oath of office must include a certification containing all of the information set forth
in the attached example. The oath and certification must be transmitted to both of the following
offices within 20 days of the first day of the judge’s official term of office (R.C. 3.23):
• The clerk of the court to which you have been elected or appointed.
• The Office of the Administrative Director of the Supreme Court of Ohio, 65
South Front Street, Columbus, Ohio 43215.

STEP 3: BONDS
The following judges are required to post a bond prior to entering into judicial office:
• A judge of the probate division of the court of common pleas is required to
post a bond to the state of at least $5,000.00 and deposit the bond with the oath of
office in the county treasurer’s office (R.C. 2101.03).
• If a judge of the juvenile division of the court of common pleas is acting as
clerk of the juvenile division, the judge is required to give a bond in an amount
determined by the board of county commissioners (R.C. 2151.12).
• Each judge of the juvenile division of the Cuyahoga County Court of
Common Pleas is required to give a bond of at least $5,000.00 (R.C. 2153.10).
If you have questions, please contact:
D. Allan Asbury
Administrative Counsel
Supreme Court of Ohio
614.387.9514
a.asbury@sc.ohio.gov
Rev. 11/2013