A private judge is a retired judge who has registered with the Ohio Supreme Court that he or she is interested in serving as a “private judge” pursuant to Section 2701.10 of the Revised Code. A private judge then files a form with the Clerks of Courts for the courts in which the private judge will be hearing cases.

What is Ohio Revised Code Section 2701.10? It authorizes retired judges to serve as private judges in Ohio courts. It states that such judges “shall have all of the powers, duties, and authority of an active judge of the court in which the action or proceeding is pending.” (See R.C. 2701.10 (C)).

How does a case get referred to a private judge? All the parties to a lawsuit file what R.C. 2701.10 refers to as a referral or submission. Requirements state the parties must enter into an agreement with the retired judge who is to serve as a private judge in their case. The agreement sets forth the payment that the private judge shall receive for his or her services. R.C. 2701.10 requires the parties to pay any expense for the facilities in which the case will be tried and to pay for any personnel needed by the private judge.

Once the agreement is filed, what does the judge on whose docket is pending do? R.C. 2701.10 requires the judge on whose docket the case is pending to order the case transferred to the private judge in accordance with the agreement of the parties. R.C. 2701.10 states that the court in which the case is pending does not have to provide the private judge with facilities, courtroom or personnel.

Can a private judge perform jury/criminal trials? No. The Ohio Supreme Court has held that R.C. 2701.10 does not allow private judges to hear jury trials. R.C. 2701.10 restricts the use of private judges to “civil actions.”

Can a party appeal a decision of a private judge? Yes. All decisions of a private judge are subject to appeal as they would be if made by the judge to whose docket the case was assigned (See R.C. 2701.10 (D)).

Does R.C. 2701.10 contain requirements for the private judge? The private judge is required to hear the case in accordance with the agreement, issue findings of fact and conclusions of law if requested by the parties in accordance with the Ohio Rules of Civil Procedure. The decision issued by the private judge has the same effect as a decision issued by the judge on whose docket the case was pending. R.C. 2701.10 refers to the judges on whose docket the transferred case was pending as an “active” judge.

Can only certain issues be referred or submitted to a private judge? Yes. R.C. 2701.10 allows a private judge to hear just certain issues in a case.

What are the advantages of a private judge? Certainty: Private judges are retained to hear a specific case. This means that your case is not one of hundreds pending on that judge’s docket. Your case will have priority and will not be continued because a criminal case has precedence. Your case will be tried at a date and time agreed to by the parties and the private judge.

Discretion: Some litigants are reluctant to come to a county courthouse where their friends, neighbors or relatives may see them. Private judges try the cases in the facilities agreed to by the parties.

Convenience: Private judges are not required to try their cases in the county courthouse. In fact, they usually won’t be trying them in the county courthouse. The case can be tried anywhere the parties agree and at a time and date that is convenient for the parties.