The Supreme Court of Ohio today announced new rules dealing with eligibility to serve as a court magistrate in Ohio.

Specifically, the changes to Rule 19 of the Rules of Superintendence for the Courts of Ohio would require that magistrates be engaged in the practice of law for at least four years and be in good standing with the Supreme Court of Ohio at the time of their appointment. Previously there was no requirement for years of practice. In addition, the proposed amendments would make it mandatory for all municipal courts having more than two judges to appoint one or more magistrates to hear specific proceedings. The new rules were put out for public comment in October and will take effect March 1, 2008.

The actual language of the Rule now reads as follows:

RULE 19.Magistrates – Qualifications
(A) Eligibility. A magistrate shall have been engaged in the practice of law for at least four years and be in good standing with the Supreme Court of Ohio at the time of appointment.
(B) Qualification; procedure. A magistrate shall have the qualifications specified in division (A) of Sup. R. 19, Civil Rule 53, and Traffic Rule 14. In civil matters, a magistrate shall act pursuant to Civil Rule 53, and in traffic matters pursuant to Traffic Rule 14.

Sup. R. 19.1 Magistrate - Municipal Court
(A) Mandatory appointment and use. All municipal courts having more than two judges shall appoint one or more magistrates who may hear the following proceedings:
(1) Default proceedings under Civil Rule 55;
(2) Forcible entry and detainer proceedings under Chapter 1923 of the Revised Code in which the right to trial by jury is waived or not demanded;
(3) Small claims proceedings under Chapter 1925 of the Revised Code;
(4) Traffic proceedings in which there is a guilty plea or written waiver by the defendant of the right to trial by a judge;
(5) Other appropriate matters referred by the court for report and recommendation.
(B) Permissive appointment. This rule does not preclude the appointment of magistrates by courts having two or fewer judges.

The above standards were recommended by the OAM, supported by the Magistrates Committee of the Ohio Judicial Conference and shepherded through the Commission on the Rules of Superintendence by OAM Representative, Nancy McMillen.