AGO 1993-059.

• Case Date: December 20, 1993
• Court: Ohio

Ohio Attorney General Opinions 1993. AGO 1993-059. December 20, 1993OPINION NO. 1993-059The Honorable Thomas E. Ferguson Auditor of State P.O. Box 1140 Columbus, Ohio 43266-0040 Dear Auditor Ferguson: You have requested an opinion on the following question: "Is a full-time municipal judge of a single-judge court, pursuant to [R.C. 1901.11(B)(3)], entitled to additional compensation of One Thousand Five Hundred Dollars ($1,500.00) for duties performed as an administrative judge?" Your opinion request states that R.C. 1901.11(B)(3) is not being applied uniformly throughout the state. A particular judge of a single-judge municipal court claims that, based upon M.C. Sup. R. 12, he is entitled to receive the additional compensation prescribed by R.C. 1901.11(B)(3) for service as the presiding judge, as well as the administrative judge, of the court. The staff of the Supreme Court, however, has taken the position that, based upon R.C. 1901.09 and M.C. Sup. R. 2, a judge of a single-judge municipal court is not entitled to such additional compensation.

Compensation of Full-Time Municipal Court Judges

R.C. 1901.11 establishes compensation for municipal court judges, in part, as follows:

(B)(1)(a) Judges designated as full-time judges by [R.C. 1901.08], and all judges of territories having a population of more than fifty thousand regardless of designation, are subject to [R.C. 4705.01] and, pursuant to division (C) of this section, shall receive as compensation fifty-one thousand seven hundred fifty dollars per annum, plus an amount equal to eighteen cents per capita for the population of the territory in which they reside when elected or appointed.

(b) These judges also shall receive, in accordance with [R.C. 141.04], the compensation described in division (A)(5) of that section from the state treasury.

(2) The compensation of any municipal judge, other than a presiding judge who is also an administrative judge, that is received pursuant to division (C) of this section shall not be more than the lesser of three thousand dollars per annum less than the statutory compensation of a judge of the court of common pleas of the county in which the municipal court is situated, or sixty-one thousand seven hundred fifty dollars.

(3) The presiding judge of a municipal court who is also the administrative judge of the

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