Simone Lawson
The Ohio Constitution of 1802 established the Ohio Supreme Court, initially consisting of three judges. Over time, the number of judges has varied, with the court expanding to five judges in 1851, six in 1892, and seven, including the chief justice, in 1912. The Constitution sets the size of the Court at seven, comprising a Chief Justice and six Justices, who are elected to six-year terms through a nonpartisan ballot.
| Characteristics | Values |
|---|---|
| Year of establishment | 1802 |
| Initial number of judges | 3 |
| Number of judges in 1851 | 5 |
| Number of judges in 1892 | 6 |
| Number of judges in 1912 | 7 |
| Number of justices | 6 |
| Number of Chief Justices | 1 |
| Jurisdiction | Cases involving questions arising under the Ohio or United States Constitutions, cases originating in the courts of appeals, and cases in which there have been conflicting opinions on the same question from two or more courts of appeals |
| Appellate jurisdiction | Writs of habeas corpus, writs of mandamus, writs of procedendo, writs of prohibition, and writs of quo warranto |
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What You'll Learn
- The Ohio Constitution of 1802 created the Supreme Court
- The Supreme Court has appellate jurisdiction
- The Supreme Court's authority to regulate admission to the practice of law
- The Supreme Court's original jurisdiction
- The Supreme Court's size was set at seven in Article IV, Section 2 of the Constitution
The Ohio Constitution of 1802 created the Supreme Court
In addition to its rule-making authority, the Supreme Court of Ohio has appellate jurisdiction in cases involving the Ohio or United States Constitutions, conflicts between lower courts, and certain administrative agency decisions. The Court's appellate jurisdiction specifically includes cases involving the death penalty, writs of habeas corpus, mandamus, procedendo, prohibition, and quo warranto.
Article IV, Section 2 of the Ohio Constitution sets the size of the Supreme Court at seven members: a Chief Justice and six Justices. These Justices are elected to six-year terms in non-partisan elections. To be eligible for election or appointment to the Supreme Court, an individual must have at least six years of experience practising law.
The Supreme Court of Ohio plays a crucial role in the state's constitutional system of government, serving as the highest court and the court of last resort for those seeking justice. The Court's decisions can shape the interpretation and application of the Ohio Constitution and have a significant impact on the state's legal landscape.
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The Supreme Court has appellate jurisdiction
The Ohio Supreme Court was established by the Ohio Constitution of 1802, with three judges. The Constitution grants the Supreme Court of Ohio appellate jurisdiction in cases involving questions arising under the Ohio or United States Constitutions, cases originating in the courts of appeals, and cases with conflicting opinions from two or more courts of appeals. The Supreme Court also hears all cases in which the death penalty has been imposed, including appeals from courts affirming the imposition of the death penalty by a trial court and, for capital crimes committed after January 1, 1995, appeals taken directly from trial courts.
The Supreme Court's appellate jurisdiction also extends to the review of actions of certain administrative agencies, including the Public Utilities Commission. In exercising its appellate jurisdiction, the Court has the discretion to decide whether or not to hear a case, except in a few instances. The Certiorari Act of 1925 grants the Court this discretion.
The Constitution further grants the Supreme Court exclusive authority over matters relating to the practice of law, including regulating admission to the practice of law, attorney discipline, and prescribing rules governing practice and procedure in all state courts. The Court's rules of superintendence over state courts set minimum standards for court administration and become effective without submission to the General Assembly.
In addition, pursuant to the Constitution, the Chief Justice or a designated Justice is responsible for ruling on the disqualification of appellate and common pleas court judges. The procedure for obtaining review of a disqualification claim involves filing an affidavit of disqualification with the Clerk of the Supreme Court, with specific requirements outlined in the Revised Code.
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The Supreme Court's authority to regulate admission to the practice of law
The Ohio Supreme Court was established by the Ohio Constitution of 1802, with three judges. The number of judges was increased to five in 1851, and then to six in 1892. In 1912, the office of chief justice was created, and the total number of judges was increased to seven, including the chief justice.
The Constitution sets out the size of the Court as seven: a Chief Justice and six Justices, who are elected to six-year terms on a nonpartisan ballot. To be eligible for election or appointment to the Supreme Court, a person must be an attorney with at least six years of experience in the practice of law.
The Chief Justice, or a designated Justice, is responsible for ruling on the disqualification of appellate and common pleas court judges. This process is initiated by the filing of an affidavit of disqualification with the Clerk of the Supreme Court. The specific requirements for filing such affidavits are outlined in the Revised Code.
While the sources provide information on the establishment and composition of the Ohio Supreme Court, as well as the process for ruling on the disqualification of lower court judges, they do not directly address the Court's authority to regulate admission to the practice of law. However, given the requirement for Supreme Court justices to have a certain level of legal experience, it can be inferred that the Court plays a role in setting standards for the practice of law in the state.
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The Supreme Court's original jurisdiction
The Ohio Supreme Court was established by the Ohio Constitution of 1802, with three judges. The Constitution grants the Supreme Court original jurisdiction to issue extraordinary writs, including habeas corpus, mandamus, procedendo, prohibition, and quo warranto. The Court's original jurisdiction also includes the authority to regulate admission to the practice of law, the discipline of attorneys, and all other matters relating to the law profession.
Additionally, the Supreme Court has the authority to prescribe rules and procedures for all state courts and to exercise general superintendence over them. The Court's rules become effective unless both houses of the General Assembly adopt a concurrent resolution of disapproval. The Constitution also grants the Chief Justice or a designated Justice the power to rule on the disqualification of appellate and common pleas court judges.
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The Supreme Court's size was set at seven in Article IV, Section 2 of the Constitution
The Ohio Supreme Court was established by the Ohio Constitution of 1802, with three judges. The number of judges was increased to five in 1851, then to six in 1892. In 1912, the office of chief justice was created, and the total number of judges was increased to seven, including the chief justice. This development was established in Article IV, Section 2 of the Constitution, which sets the size of the Court at seven—a Chief Justice and six Justices.
The Justices are elected to six-year terms on a nonpartisan ballot, with two Justices chosen at the general election in even-numbered years. In the year when the Chief Justice runs, voters select three members of the Court. A person must be an attorney with at least six years of experience in law to be elected or appointed to the Supreme Court of Ohio.
The Supreme Court of Ohio has undergone several changes in its history. The original number of three judges remained until 1851, when two more judges were added to the bench. This number was further increased to six in 1892, and the addition of the chief justice position in 1912 brought the total number of judges to seven.
The establishment of the Supreme Court of Ohio and its size set at seven in Article IV, Section 2 of the Constitution is a significant aspect of the state's judicial system. The Court's role and responsibilities, as outlined in the Constitution, provide the framework for its function and ensure the fair administration of justice in the state.
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Frequently asked questions
Article IV, Section 2 of the Ohio Constitution of 1802 establishes the Supreme Court.
The Ohio Supreme Court consists of seven members—a Chief Justice and six Justices.
Justices are elected to the Ohio Supreme Court every six years on a nonpartisan ballot.
The office of Chief Justice was created in 1912, and the total number of judges was increased to seven, including the Chief Justice.
The Ohio Supreme Court started with three judges in 1802, and this number remained at three or four through 1851. In 1851, the number was increased to five, and in 1892, it was increased to six. In 1912, the office of Chief Justice was added, bringing the total to seven.
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