Ohio Code § 2701.10
Ohio Code § 2701.10. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 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.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 2701.10
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
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