 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
State11/23/2005
and authority of an active judge of the court in which the action or proceeding is pending."
(Emphasis added.)
{ } R.C. 2701.10(B)(1) is written broadly in the alternative. The choice of the word "entirety" in this section, coupled with the language in R.C. 2701.10(C), has been interpreted by some to mean that the retired judge, under the "all powers" reference, has the power to conduct a jury trial. Under this interpretation, these passages appear to conflict with the language in R.C. 2701.10(D), which outlines specific powers, but fails to expressly mention the use of jurors by retired judges.
{ } R.C. 2701.10 (D) reads as follows:
"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 he 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."
{ } The need for judicial interpretation of statutes could easily be limited if drafters avoid the use of all-inclusive terms like "all powers" or "entirety" in statutory construction, where other portions of the statute list or outline the expressed specific powers. R.C. 2701.10(D)is unfortunately a limiting section, in that it delineates those powers the Ohio legislature intended to convey, and fails to outline the use of jurors by retired judges.
|