OHIO A 4, S 2. The supreme court shall, until otherwise provided by law, consist of five judges, a majority of whom competent to sit shall be necessary to form a quorum or to pronounce a decision, except as hereinafter provided *
(1) Similar provisions are found in the following states, differing in
some instances however in the number of judges to be chosen:
Ark. A 7, S 2; Ariz. A 6, S 2; Cal. A 6, S 2; Colo. A 6, S 5; Del. A 4,
S 2; Fla. A 5, S 2; Ga. A 6, S 2, Pt. 1; Idaho A 5, S 6; Ill. A 6, S 2;
Ind. A 7, S 2; Iowa A 5, S 2; Kan. A 4, S 2; Ky. 5 to 7, S 113; La. 5,
A 86; Md. A 4, S 14; Minn. A 6, S 2 (amdt. 1881); Miss. A 6, S 145;
Mo. (amdt. 1890) S 1; Mont. A 8, S 5; Neb. A 6, S 2; Nev. A 6, S 2;
N. C. A 4, S 6; N. Dak. A 4, S 87 (amdt. 1908); N. M. A 6, S 4;
Okla. A 7, S 3; Ore. A 7, S 2; Pa. A 5, S 2; S. C. A 5, S 2; S. Dak. A 5,
S. 5; Tenn. A 6, S 2; Tex. A 5, S 2; Utah A 8, S 2; Va. A 6, S 88;
Wash. A 6, S 2; W. Va. A 8, S 2 (amdt. 1902); Wis. A 7, S 4 (amdt.
1903); Wyo. A 5, S 4.
Alabama A 6, S 151. The Supreme Court shall consist of one
Chief Justice, and such number of Associate Justices as may be
prescribed by law.
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Michigan A 7, S 2. The Supreme Court shall consist of one chief justice and associate justices, to be chosen by the electors of the state at the regular biennial spring elections; and not more than two justices shall go out of office at the same time. The term of office shall be prescribed by law.
(2) In the following states the number of judges may be increased or decreased by legislative enactment:
Ala. A 6, S 151; Ark. A 7, S 3; Ariz. A 6, S 3; Minn. A 6, S 2; Mont.
A 8, S 5; Nev. A 6, S 2; N. J. A 6, S 5, Par. 1; N. Y. A 6, S 2; Okla.
A 7, S 3; Ore. A 7, S 2; S. Dak. A 5, S 6; Wash. A 4, S 2; Utah A 8,
S 2.
OHIO A 4, S 2.
The judges of the supreme court
shall be elected by the electors of the state at large. *
(1) Similar provisions are found in the following states:
Ark. A 7, S 6; Ala. A 6, S 152; Ariz. A 6, S 3; Cal. A 6, S 3; Colo. A 6.
S6; Fla. A 5, S 2; Ga. A 6, S 1 (amdt. 1898); Idaho A 5, S 6; Iowa A 5,
S 3; Kan. A 3, S 2; Mich. A 6, S 2; Minn. A 6, S 3; Mo. A 6, S2 (amdt.
1890); Mont. A 8, S 6; Neb. A 6, S 4; Nev. A 6, S 3; N. C. A 6, S 21;
N. Dak. A 4, S 90; N. M. A 6, S 3; Okla. A 7, S 3; Pa. A 5, S 2; Tenn.
A 6, S 2; Tex. A 5, S 2 (amdt.); Utah A 8, S 2; Vt. A 22 (amdt.);
Wash. A 4, S 3; Wis. A 7, S 4 (amdt. 1877); W. Va. A 8, S 2; Wyo.
A 4, S 4.
(2) In the following states the election is by districts:
Ind. A 7, S 3; Ill. A 6, S 5; Ky. S 116; La. A 86 (amdt. 1904); Md. A 6,
S 14, Par. 2; N. Y. A 6, S 1; Ore. A 7, S 2; S. Dak. A 5, S 5.
(3) In the following states the method is appointment by the governor with the advice and consent of the senate:
Del. A 4, S 3; Miss. A 6, S 145; N. J. A 7, S 2.
In two states the election is by the General Assembly:
S. C. A 5, S 2; Va. A 6, S 91.
OHIO A 4, S 2.
For such term, not less than five
years, as the General Assembly may prescribe, and they shall
be elected and their official term shall begin at such time as
may be fixed by law. In case the General Assembly shall in-
crease the number of such judges, the first term of each such
additional judges, shall be such that in each year after the
first election, an equal number of judges of the supreme court
shall be elected, except in elections to fill vacancies. ***
(See Amendment A 17, S 2, changing term to six years.)
The majority of the states provide for a six year term. Other states
for various terms the shortest of which is two years (Vt.) and the
longest eighteen years (Pa.).
The chief justice is designated in the various states as follows:
(1) By election of the voters:
Ala. A 6, S 152; Ark. A 7, S 2; Cal. A 6, S 3; Ga. A 6, S 2, Par. 1; Mich.
A 8, S 2; Minn. A 6, S 3; N. C. A 4, S 6; S. C. A 5, S 2; Texas A 5, S 2
(amdt 1891).
(2) By appointment of the governor by and with the advice and consent of the senate:
In Del. A 4, S 3; Md. A 4, S 14.
(3) By choice of the justices themselves:
Ill. A 6, S 6; Mo. A 6, S 2 (amdt 1890); Okla. A 7, S 6; S. D. A 5, S 9;
Tenn. A 6, S 2.
(4) Justice having the shortest unexpired term and not holding by
election or appointment to fill a vacancy:
In Colo. A 6, S 8; Idaho A 5, S 6; Ill. A 6, S 2; Iowa A 5, S 3; N. M.
A 6, S 4; Neb. A 6, S 6; N. D. A 4, S 92; Ore. A 7, S 5; Pa. A 5, S 2;
Utah A 8, S 2; Wash. A 4, S 3; Wyo. A 5, S 4.
(5) By seniority of service:
Kan. A 3, S 2; Ky. S 118; La. A 87; Mo. A 6, S 4; Wis. A 7, S 4 (amdt 1903).
(6) By lot:
Fla. A 5, S 2.
May sit in divisions in certain instances.
OHIO A 4, S 2. And whenever the number of such judges 5.
shall be increased, the General Assembly may authorize such
court to organize divisions thereof, not exceeding three, each
division to consist of an equal number of judges, for the adju-
dication of cases, a majority of each division shall constitute
a quorum, and such an assignment of the cases to each divi-
sion may be made as such court may deem expedient, but
whenever all the judges of either division hearing a case shall
not concur as to the judgment to be rendered therein, or
whenever a case shall involve the constitutionality of an act
of the General Assembly or an act of congress, it shall be re-
served to the whole court for adjudication.
The following constitutions contain similar provisions:
Cal. A 4, S 2; Mo. A 4, S 1 (amdt 1890); N. Y. A 4, S 2.
Missouri, A 4, S 1. Number of Judges-divisions of court-
business divided-quorum. The Supreme Court shall consist
of.seven judges, and, after the first Monday in January, 1891,
shall be divided into two divisions, as follows: One division to
consist of four judges of the court and to be known as division
number one, the other to consist of the remaining judges and
to be known as division number two. The divisions shall sit
separately for the hearing and disposition of causes and matters
pertaining thereto, and shall have concurrent jurisdiction of all
matters and causes in the Supreme Court, except that division
number two shall have exclusive cognizance of all criminal cases
pending in said court: Provided, that a cause therein may be
transferred to the court as provided in section four of this
amendment. The division of business of which said divisions
have concurrent jurisdiction shall be made as the Supreme Court
may determine. A majority of the judges of a division shall
constitute a quorum thereof, and all orders, judgments and de-
crees of either division, as to causes and matters pending before
it, shall have the force and effect of those of the court.
6. Jurisdiction
and Power of Supreme Court.
Appellate jurisdiction only, with certain other powers.
* It shall have original jurisdiction
in quo warranto, mandamus, habeas corpus and procedendo, and such appellate jurisdiction as may be provided by law. It shall hold at least one term in each year at the seat of government, and such other terms, there or elsewhere, as may be provided by law.
(1) The following state constitutions contain similar provisions.
Appellate jurisdiction only is conferred upon the Supreme Courts, with
the usual exception that they may issue original and remedial writs:
Ala. A 6, S 140; Ariz. A 6, S 4; Ark. A 7, S 4; Ga. A 6, S 2, Par. 5 & 6,
Idaho A 5, S 9; Ill. A 6, S 2; Iowa A 5, S 4; Kan. A 3, S 3; Ky. S 110;
Mich. A 7, S 4; Minn. A 6, S 2; Miss. A 146; Mo. A 6, S 2; Mont. A 8,
S 2 & 3; N. C. A 4, S 8; N. Dak. A 4, S 86 & 87; N. M. A 6, S 2; N. Y.
A 6, S 9; Okla. A 7, S 2; Ore. A 7, S 2 (amdt.); Pa. A 5, S 3; R. I.
A 12, S 1 (amdt.); S. C. (appellate jurisdiction only in chancery cases)
A 5, S 4; S. Dak. A 5, S 2 & 3; Tex. A 5, S 3 (amdt.); Utah A 8, S 4;
Wash. A 4, S 4; Wis. A 7, S 3; W. Va. A 8, S 3; Wyo. A 5, S 3.
(2) In the following constitutions, the appellate jurisdiction of the defined by enu- Supreme Court is defined more or less strictly by enumeration of the
Jurisdiction defined by law.
Jurisdiction in claims against states.
Justices re-
quired to ren-
der opinions on
validity of
laws.
Required to report defects and omissions in laws.
cases in which it may be exercised:
Cal. A 6, S 4; Del. A 4, S 12; Fla. A 5, S 5; La. A 85; Nev. A 6, S 4;
Va. A 6, S 88; W. Va. A 8, S 3.
(3) In the following constitutions, the Supreme Courts are given
supervisory control over inferior courts:
Ark. A 7, S 4; Colo. A 6, S 2; Iowa A 5, S 4; Mich. A 8, S 4; Mo. A 6,
S 3; Mont. A 8, S 2; N. Dak. A 4, S 86; N. M. A 6, S 3; Okla. A 7, S 2;
S. Dak. A 5, S 2; Wis. A 7, S 3; Wyo. A 5, S 2.
(4) The jurisdiction of the Supreme Court is left in a few states to be defined by law:
Conn. A 5, S 1; Ind. A 7, S 8; Nebs A 6, S 2; Tenn. A 6, S 2.
(5) In the following states, the Supreme Courts may hear and adjudge claims against the state, but their decisions are only recommendatory:
Idaho A 5, S 10; N. C. A 4, S 9.
(6) In the following states, the legislature or the governor, or
both, may require the justices of the Supreme Court to render
opinions upon the validity of questions of law:
Fla. A 4, S 13; Me. A 6, S 3; Mass.. A 2, Par. 2, Chapter 3; N. H. A 73,
Par. 2; R. I. A 12 (amdt.); S. Dak. A 5, S 13.
(7) In the following states judges are required to report to the Su-
preme Courts defects and omissions in the laws. These are reported
to the legislature either by the governor or Attorney General:
Colo. A 6, S 27; Fla. A 5, S 13; Idaho A 5, S 25; Ill. A 6, S 31; Utah
A 8, S 22; Wash. A 4, S 25.
II. CIRCUIT AND DISTRICT COURTS.
OHIO A 4, S 6. The circuit court shall have like original 1. jurisdiction with the supreme court, and such appellate jurisdiction as may be provided by law.
(1) Defined by amount involved:
In the following state constitutions the original jurisdiction of Circuit
and District Courts in civil cases is limited by the statement that it
may not be exercised when the amount in controversy exceeds a
given sum:
Ala. A 6, S 143; Cal. A 6, S 5 (amdt. 1911); La. A 109; Minn. A 6, S 5;
Mont. A 8, S 11; Nev. A 6, S 6; Tex. A 5, S 8 (amdt. 1891); Wash. A 4,
S 6; W. Va. A 8, S 12.
(2) Original jurisdiction in enumerated cases:
In the following constitutions the cases in which the Circuit and
District Courts may exercise original jurisdiction are enumerated:
Cal. A 6, S5 (amdt. 1911); Colo. A 6, S 11; Fla. A 5, S 11; Ga. A 6,
S 4, Par. 1 & 3; La. A 109; Mont. A 8, S 11; Nev. A 6, S 6; Tex. A 5,
S 8 (amdt. 1891); Wash. A 4, S 6; Wyo. A 5, S 10.
(3) In many states the appellate jurisdiction is fixed by law as in
the Ohio provision:
Ark. A 7, S 14; Cal. A 6, S 5 (amdt. 1911); Fla. A 5, S 11; Ga. A 6,
S 4, Par. 4; Idaho A 5, S 20; I11. A 6, S 12; La. A 111; Mich. A 7, S 10;
Minn. A 6, S 5; Miss. A 6, S 156; Mo. A 6, S 22; Mont. A 8, S 11;
Nev. A 6, S 6; N. Dak. A 4, S 103; N. M. A 6, S 13; S. C. A 5, S 15 & 18;
S. Dak. A 5, S 14; Tex. A 5, S 8 (amdt. 1891); Utah A 8, S 7; Wash.
A 4, S 6; W. Va. A 8, S 12; Wis. A 7, S 8; Wyo. A 5, S 10.
(4) In certain states all the jurisdiction of the Circuit Court is
left to be defined by law:
Conn. A 5, S 1; Del. A 4, S 7-9; 19-20; Ind. A 7, S 8; Iowa A 5, S 6;
Kan. A 3, S 6; Ky. S 126; Md. A 4, S 20; Mo. A 6, S 22; Neb. A 6, S 9;
N. C. A 4, S 12; N. M. A 6, S 13; Tenn. A 6, S 8.
(5) In the following constitutions, the Circuit Court and District
Courts are authorized to issue original and remedial writs in order
to carry out their jurisdiction:
Cal. A 6, S 5; Fla. A 5, S 11; Ga. A 6, S 4, Par. 5; Mich. A 7, S 10;
Mont. A 8, S 11; Nev. A 6, S 6; N. Dak. A 4, S 103; N. M. A 6, S 13;
Okla. A 7, S 10; Pa. A 5, S 10; S. C. A 5, S 15; S. Dak. A 5, S 14;
Tex. A 5, S 8 (amdt. 1891); Utah A 8, S 7; Wash. A 4, S 6; W. Va. A 8,
S 12; Wis. A 7, S 8; Wyo. A 5, S 10.
(6) In a few constitutions the Circuit and District Courts are given
supervisory control over inferior courts:
Ark. A 7, S 14; Fla. A 5, S 11; Mich. A 7, S 10; Mo. A 6, S 23; Ore. A 7,
S 9; Utah A 8, S 7; W. Va. A 8, S 12; Wis. A 7, S 8.
* * Such courts shall be composed of such number of judges as may be provided by law, and shall be held in each county, at least once in each year. The num
Jurisdiction
of Circuit Courts.
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