AGO 1993-044.

• Case Date: November 16, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-044. November 16, 1993OPINION NO. 1993-044The Honorable Kevin J. Baxter Erie County Prosecuting Attorney 2900 Columbus Avenue Sandusky, Ohio 44870 Dear Prosecutor Baxter: You have requested an opinion concerning the period for which a person appointed to fill a vacancy in the position of county court judge may serve. According to information provided by your office, the county court judge who had been elected in 1988 to serve a six-year term, beginning January 1, 1989, resigned at the beginning of 1993, prior to the end of his term. The Governor then appointed a person, effective January 8, 1993, to fill the vacancy created by the judge's resignation. You question whether the appointee "serve[s] until December 31, 1994 or should there be an election held in the general election of 1993?"

Election of County Court Judges

Ohio Const. art. IV, §6(A)(4) states: "Terms of office of all judges shall begin on the days fixed by law, and laws shall be enacted to prescribe the times and mode of their election." Pursuant to this mandate, the General Assembly has provided for the election of county court judges in R.C. 1907.13, which states in part: "Judges shall be elected by the electors of the county court district at the general election in even-numbered years as set forth in [R.C. 1907.11] for a term of six years commencing on the first day of January next following the election for the county court or on the dates specified in [R.C. 1907.11] for particular county court judges. Their successors shall be elected in even-numbered years every six years." (Emphasis added.) Thus, elections for the office of county court judge occur only in even-numbered years.

Filling Vacancy in Office of County Court Judge

Concerning the filling of vacancies in judicial offices, Ohio Const. art. IV, §13 states:

In case the office of any judge shall become vacant, before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the governor, until a successor is elected and has qualified; and such successor shall be elected for the unexpired term, at the first general election for the office which is vacant that occurs more than forty days after the vacancy shall have occurred; provided, however, that when the unexpired term ends within one

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