A recently released opinion by Ohio Attorney General Mike DeWine finds that a person may not serve as a township fiscal officer while holding multiple positions at the Hardin County Court of Common Pleas. The opinion also determined that the Hardin County court administrator may not hold other positions at the court.

Hardin County Prosecutor Bradford W. Bailey asked whether a person who holds positions of court administrator, official court reporter, and assistant deputy jury commissioner can also serve as a township fiscal officer.

Opinion 2014-022 determined:

1. The position of administrator of the Hardin County Court of Common Pleas is incompatible with the positions of official court reporter and assistant deputy jury commissioner of the Hardin County Court of Common Pleas.

The opinion states a court administrator may not also be the official court reporter and assistant deputy jury commissioner of the Hardin County Court of Common Pleas because the court administrator is “responsible for overseeing and managing” the official court reporter and the assistant deputy jury commissioner.

“An administrator of a court of common pleas is appointed by, and thus accountable to, the judges of the court of common pleas. See R.C. 2301.12(E). Likewise, an official court reporter is appointed by the court of common pleas, R.C. 2301.18, and an assistant deputy jury commissioner is appointed by the court’s jury commissioners, R.C. 2301.02(A),” the opinion stated.

“Because the court administrator supervises, and administers the compensation and benefits of, the official court reporter and assistant deputy jury commissioner of the court of common pleas, the administrator of the Hardin County Court of Common Pleas may not serve simultaneously in either of these positions. See generally State ex rel. Baden v. Gibbons, 17 Ohio Law Abs. 341, 344 (Ct. App. Butler County 1934). Accordingly, we find the positions of court administrator, official court reporter, and assistant deputy jury commissioner of the Hardin County Court of Common Pleas incompatible.”

Opinion 2014-022 also determined:

2. A person may not serve simultaneously as court administrator, official court reporter, and assistant deputy jury commissioner of the Hardin County Court of Common Please While serving as a township fiscal officer.
3. A person may serve simultaneously as official court reporter and assistant deputy jury commissioner of the Hardin County Court of Common Pleas while serving as a township fiscal officer, provided that it is physically possible for one person to hold these three positions.
4. A person may serve simultaneously as administrator of a court of common pleas and a township fiscal officer, provided that it is physically possible for one person to hold both positions.

View the complete opinion.