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The History of Common Pleas Courts in Ohio and the Summit County Court of Common Pleas

Original Summit County Courthouse

Origins of the Court of Common Pleas

The Court of Common Pleas has deep historical roots stretching back to medieval England. The court traces its lineage to the ancient Aula Regis (King's Hall), also known as Curia Regis (the King's Court), established by William the Conqueror. During the latter years of the 12th century, the Common Pleas was created as a separate entity, consisting of one chief justice and four associate justices, with jurisdiction confined to civil matters.

When American colonists established their judicial systems, they looked to this English tradition as a model. The Court of Common Pleas was among the first courts organized under the Northwest Ordinance of 1787, which governed the territory that would become Ohio.

Establishment of Common Pleas Courts in Ohio

When the Governor and judges of the Northwest Territory confronted the task of establishing civil courts in Washington County, Ohio in 1788, they adopted the established pattern of England's court system. The law provided that "a number of suitable persons, not exceeding five, nor less than three shall be appointed in each county, and commissioned by the Governor under the seal of the Territory to hold and keep a court of record, to be styled the County Court of Common Pleas."

These early courts had broad jurisdiction covering "all manner of pleas, actions, suits and causes of a civil nature, real, personal and mixed according to the constitution and laws of the territory." Unlike the English system, which sometimes excluded trivial matters, the Ohio courts were designed so that no matter was too trivial for consideration, nor any controversy too important to be exempt from its power.

Interestingly, the first five judges appointed by the legislature—Rufus Putnam, Benjamin Tupper, Archibald Crary, Isaac Pierce, and Thomas Lord—had no formal legal training. They were commissioned as justices of the peace and qualified to sit in court based on their civic standing rather than legal education, reflecting the frontier nature of early Ohio governance.

During the early territorial period, Ohio employed a system of District and Circuit Courts, and judges literally "rode the circuit" on horseback or by buggy, traveling from county to county. Court sessions began only when the circuit judge arrived at the county seat and continued as long as there were cases to be heard.

Constitutional Framework

The Ohio Constitution of 1851 formally established the Court of Common Pleas as a constitutional court. Article IV, Section 1 of the Ohio Constitution created the court, making it the only trial court established by the state constitution. Article IV, Section 4 outlines the court's duties. This constitutional foundation distinguishes the Court of Common Pleas from other trial courts in Ohio, which were created by statute rather than constitutional mandate.

Under the 1968 Modern Courts Amendment to the Ohio Constitution, significant changes were made to Ohio's court system. Previously separate probate courts were converted into probate divisions of the courts of common pleas. This amendment modernized and streamlined Ohio's judicial structure.

Structure and Jurisdiction

Today, each of Ohio's 88 counties has a Court of Common Pleas. The Ohio General Assembly has the power to divide these courts into specialized divisions:

General Division: The general division has original jurisdiction in all criminal felony cases and all civil cases in which the amount in controversy exceeds $15,000. It also handles all cases involving title to real estate (except eviction matters) and has appellate jurisdiction over certain state and city administrative agency decisions.

Domestic Relations Division: This division handles proceedings involving divorce, dissolution of marriage, annulment, legal separation, spousal support, parental rights and responsibilities, child custody and support, and domestic violence protection orders.

Juvenile Division: Juvenile divisions hear cases involving juvenile delinquency (minors under 18 charged with acts that would be crimes if committed by adults) as well as cases involving unruly, dependent, and neglected children. They also have jurisdiction in adult cases involving paternity, child abuse, non-payment of child support, contributing to the delinquency of minors, and truancy.

Probate Division: Probate divisions have jurisdiction over the probate of wills, administration of estates, guardianships, the issuance of marriage licenses, adoption proceedings, determination of mental competency, name changes, and certain eminent domain proceedings. Probate judges may also solemnize marriages and charge a fee for this service.

Judicial Selection and Service

Original Summit County CourthouseJudges of the Court of Common Pleas are elected to six-year terms on a nonpartisan ballot, although candidates may choose to run in partisan primary elections. To be appointed or elected to the court, a person must be an attorney with at least six years of experience in the practice of law and must be a resident of the district or county they serve.

Chief judges are chosen by peer vote among the judges and serve one-year terms. Under the Ohio Constitution, judges who reach 70 years of age may be assigned by the chief justice to active duty, receiving payment on a per-day basis in addition to retirement benefits.

Summit County: Formation and Early History

Summit County was created on March 3, 1840, from portions of Medina, Portage, and Stark counties. The county was named for having the highest elevation along the Ohio and Erie Canal, known as the "Portage Summit." Akron was selected as the county seat.

The establishment of Summit County coincided with the broader development of Ohio's judicial system following the 1851 Constitution. The county's Court of Common Pleas was established shortly after the county's formation, with court records dating back to 1840.

The Courthouse

The first Summit County Courthouse was a two-story structure built by Ithiel Mills between 1842 and 1843. An addition was constructed in 1867 as the county's population and legal needs grew. This original courthouse served the county until 1906, when it was razed to make way for a more substantial building.

The current Summit County Courthouse opened in 1908 and represents a significant architectural achievement for its time. The building was constructed using Ohio sandstone and features classical design elements. An annex was added in 1922 to accommodate the court's expanding operations. The courthouse is located at 209 South High Street in Akron and continues to house the Court of Common Pleas along with other county offices.

Summit County's Unique Charter Government

Summit County, along with Cuyahoga County, is one of only two of Ohio's 88 counties that have a charter government, as authorized by Article X of the Ohio Constitution. Under this charter, rather than having three elected commissioners, Summit County has an elected county executive and an eleven-member county council. Eight council members are elected from individual districts, while three are elected at-large.

This charter structure extends to other county offices as well. Summit County has an appointed medical examiner rather than an elected coroner, and an elected fiscal officer who exercises the powers and performs the duties of a county auditor, treasurer, and recorder.

Current Court Structure

The Summit County Court of Common Pleas, General Division, is a court of general jurisdiction, handling both criminal and civil cases. The court hears more than 1,600 cases annually, ranging from serious felony criminal charges to complex civil disputes involving business matters, personal injury claims, property disputes, and equity cases.

Summit County currently has 14 Common Pleas judges serving on the general division bench. The court operates with a chief administrative judge who coordinates operations, and judges may be assigned to specialized dockets or programs.

Current Judges of Summit County Court of Common Pleas (General Division)

As of 2025, the following judges serve on the Summit County Court of Common Pleas, General Division:

  1. Judge Alison M. Breaux
  2. Judge Christine Croce
  3. Judge Alison McCarty - Administrative Judge
  4. Judge Kelly L. McLaughlin
  5. Judge Kathryn Michael
  6. Judge Tammy O'Brien
  7. Judge Joy Malek Oldfield
  8. Judge Susan Baker Ross - Presiding Judge
  9. Judge Mary Margaret Rowlands
  10. Judge Jennifer D. Towell

These judges each maintain their own courtroom procedures while adhering to the court's general rules and Ohio law.

Notable Programs and Innovations

The Summit County Court of Common Pleas has been at the forefront of several innovative programs:

Specialty Courts: Summit County has developed various specialty courts to address specific types of cases and offenders, including drug courts, mental health courts, and veterans courts. These programs provide alternatives to traditional prosecution and incarceration, focusing on treatment and rehabilitation.

Reentry Programs: The court has implemented reentry programs designed to help offenders successfully transition back into society after incarceration, reducing recidivism rates.

Domestic Violence Intervention: Specialized dockets handle domestic violence cases with a coordinated approach involving law enforcement, social services, and the court system.

Other Summit County Court Divisions

Probate Division: Currently presided over by Judge Elinore Marsh Stormer, who has received recognition for innovations including being the first to establish a Municipal Drug Court and Mental Health Specialty Court in Ohio. The Probate Court maintains records dating back to 1840, including marriage, estate, and guardianship records.

Domestic Relations Division: Currently headed by Administrative Judge Katarina Cook, this division handles all family law matters for Summit County.

Juvenile Division: The Juvenile Court handles delinquency, dependency, neglect, and abuse cases involving minors.  Judge Linda Tucci Teodosio is the current Judge of the Summit County Court of Common Pleas, Juvenile Division.

Historical Significance

Summit County's legal history reflects broader trends in American jurisprudence. The county has been home to many distinguished jurists who have gone on to serve on higher courts, including federal district and appellate courts. The Akron legal community has produced numerous judges and attorneys who have made significant contributions to Ohio law.

Notable among Summit County's legal pioneers was Judge Albert B. Grant, who founded the Akron Law School in 1921 (the forerunner of The University of Akron School of Law) after serving as a Summit County Probate Judge and on the Eighth Ohio District Court of Appeals. Judge Grant had no formal legal training himself, having apprenticed with Judge Tibalis of the Summit County Court before being admitted to the Ohio Bar in 1874—a testament to the evolving nature of legal education in Ohio.

Modern Challenges and Adaptations

Like courts across Ohio, the Summit County Court of Common Pleas has adapted to modern challenges. The court has embraced technology, implementing electronic filing systems, online case searches, and virtual proceedings where appropriate. The COVID-19 pandemic accelerated many of these technological adoptations.

The court maintains a robust adult probation department that supervises thousands of offenders and operates various specialized supervision programs. Community service programs, assessment services, and treatment referrals are integral to the court's operations.

Access to Justice

The Summit County Court of Common Pleas is committed to providing access to justice for all county residents. The court provides resources for self-represented litigants, maintains public records that are accessible online and in person, and operates during regular business hours Monday through Friday.

The Clerk of Courts, currently Tavia Galonski, maintains all court records and provides essential services including public access to court documents, collection of fines and fees, and administration of titles for motor vehicles and watercraft.

Conclusion

The Summit County Court of Common Pleas represents nearly two centuries of judicial service to the citizens of Summit County. From its origins in 1840, coinciding with the county's formation, through its evolution into a modern, multi-division court system, it has remained true to the foundational principle of the Court of Common Pleas: providing accessible justice for all manner of disputes and controversies.

The court's history is intertwined with the development of Akron and Summit County, from a frontier settlement along the Ohio and Erie Canal to a major metropolitan area and center of industry and innovation. As Summit County continues to evolve, its Court of Common Pleas adapts to meet new challenges while maintaining the traditions and constitutional foundations established nearly two centuries ago.