Ohio Judicial Appointment, Amendment 1 (1938)

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The Ohio Judicial Appointment Amendment was on the November 8, 1938 ballot in Ohio as an initiated constitutional amendment, where it was defeated.

This amendment sought to modified Article IV of the Ohio Constitution to provide for the appointment of judges of the Supreme Court and Court of Appeals, and for local control over appointment methods for lower courts.[1]

Election results

Ohio Amendment 1 (1938)
ResultVotesPercentage
Defeatedd No1,237,44366.58%
Yes 621,011 33.42%

Election results via: Ohio Secretary of State

Text of measure

The language that appeared on the ballot:

An amendment to the Constitution of Ohio proposing that Section 1 of Article IV of the Constitution of Ohio be supplemented by adding sections 1a, 1b, 1c, 1d, 1e, 1f and 1g and that section 2, 5, 10, 13, 14, 15 and 18 of Article IV of the Constitution of Ohio be amended, so as to provide for the original appointment of judges of the supreme court and courts of appeals and to enable the voters of a county or municipality to adopt or rescind the adoption of the appointment method of selecting the judges of all lower courts in the county including municipal courts. The method of appointment is briefly as follows: when a vacancy occurs the governor reports the fact to the judicial council composed of eight members, as follows: one judge of the court of appeals, chosen by the judges of the courts of appeals; one common pleas judge, chosen by the common pleas judges, one probate judge, chosen by the probate judges; one municipal judge, chosen by the municipal judges; and three attorneys appointed by the governor. The judicial council recommends the names of not less than three nor more than five persons to the governor who must appoint one of those so recommended. The governor’s appointment requires confirmation by the senate.

At the end of each six years of service the judges so appointed are required to run against their records at the general election on a ballot without competing candidates for retention and continuation in office. Judges already in office continue in office for the term for which elected. Counties and municipalities which do not vote to have their judges appointed will continue to elect them as at present.[2][3]

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