The History of Common Pleas Courts in Ohio and the Ashland County Court of Common Pleas
Origins and English Heritage
The Court of Common Pleas has deep roots in English legal tradition, tracing back to medieval England. The Court of Common Pleas originated from the ancient "Aula Regis" (King's Hall), also known as "Curia Regis" (the King's Court), which was established by William the Conqueror. During the latter years of the 12th century, the Common Pleas was created as a separate court, consisting of one chief justice and four associate justices, with jurisdiction confined to civil matters.
Establishment in the Northwest Territory
The Court of Common Pleas was the first court to be organized under the Ordinance of 1787. When the Governor and judges of the Northwest Territory in 1788 were confronted with the task of establishing civil courts in Washington County, Ohio, they looked to the established pattern of the court system of England and to its prototypes in the states of the new Union.
The law established courts with jurisdiction over civil matters throughout the territory. A number of suitable persons, not exceeding five, nor less than three, were appointed in each county and commissioned by the Governor to hold and keep a court of record styled the County Court of Common Pleas, with jurisdiction covering all manner of pleas, actions, suits and causes of a civil nature.
Interestingly, many early judges lacked formal legal training. The first five judges appointed by the legislature were Rufus Putnam, Benjamin Tupper, Archibald Crary, Isaac Pierce and Thomas Lord, not one of whom had any legal training. They were each commissioned as a justice of the peace and therefore qualified to sit in the Court of General Quarter Sessions.
Ohio's Constitutional Framework
The Court of Common Pleas, the only trial court created by the Ohio Constitution, is established by Article IV, Section 1, of the Constitution, and its duties are outlined in Article IV, Section 4. There is a court of common pleas in each of the 88 counties.
The modern structure of Ohio's Courts of Common Pleas took shape over time. The Ohio Constitution of 1851 provided that probate courts were to be established as separate independent courts with jurisdiction over the probate of wills and supervision of the administration of estates and guardianships. In 1968, under the Modern Courts Amendment of the Ohio Constitution, the probate courts became divisions of the courts of common pleas.
Divisions and Jurisdiction
Specific courts of common pleas may be divided into separate divisions by the General Assembly, including general, domestic relations, juvenile and probate divisions.
The General Division has broad authority. The general division has original jurisdiction in all criminal felony cases and in all civil cases in which the amount in controversy is more than $15,000. General divisions also have appellate jurisdiction over the decisions of some state administrative agencies.
Other divisions handle specialized matters:
- Domestic Relations Division: Handles divorce proceedings, annulments, legal separation, spousal support, parental rights, and child-related matters
- Juvenile Division: Hears cases involving juvenile delinquency, unruly children, and adult cases involving paternity and child support
- Probate Division: Manages estates, guardianships, marriage licenses, adoptions, and mental competency determinations
Judicial Selection
Common pleas judges are elected to six-year terms on a nonpartisan ballot. A person must be an attorney with at least six years of experience in the practice of law to be elected or appointed to the court.
The History of Ashland County
Ashland County itself has a relatively recent origin compared to many Ohio counties. Ashland County was formed on February 24, 1846, from portions of Huron, Lorain, Richland, and Wayne counties. Like the county seat, it was named after Ashland, the Lexington, Kentucky-area home of Henry Clay, a Kentucky senator. Henry Clay was very popular in the area of north-central Ohio due to the role he played in defusing the secession crisis of 1820 and the Nullification crisis of 1833.
The Ashland County Court of Common Pleas
The Ashland County Court of Common Pleas was established immediately upon the county's formation in 1846. Like all Ohio Courts of Common Pleas, it serves as the trial court of general jurisdiction for the county, handling criminal felonies, civil cases exceeding $15,000, domestic relations matters, juvenile cases, and probate matters.
The court operates from the historic Ashland County Courthouse located at 142 West 2nd Street in Ashland, Ohio. Over the years, the court has modernized significantly, particularly during the tenure of Judge Ronald Forsthoefel, who led efforts to computerize court operations and implement video conferencing capabilities.
Judges of the Ashland County Court of Common Pleas
General Division
David R. Stimpert
- Term: February 9, 2023 – Present
- Background: Born and raised in the Ashland area, Stimpert graduated from Crestview High School in 1999. He practiced law in Ashland County for over 16 years. Prior to becoming judge, he served as Chief Assistant City Law Director for the City of Ashland for approximately ten years, where he prosecuted over 11,000 criminal and traffic cases. He also worked in the guardian ad litem court program
- Election: Won the Republican primary in May 2022, defeating Assistant County Prosecutor Victor Perez. Ran unopposed in the November 2022 general election
- Sworn In: February 9, 2023, in a ceremony attended by numerous judges, attorneys, law enforcement officials, and community leaders
- Judicial Philosophy: Self-described constitutional conservative Republican, emphasizing strict interpretation of laws, a tough-on-crime approach, equality before the law, and efficient management of court dockets. Opposes the establishment of specialized drug courts in Ashland County
Probate and Juvenile Division
Karen DeSanto Kellogg
- Term: 2020 – Present
- Background: A life-long resident of Ashland County, Judge Kellogg obtained her Juris Doctorate from Cleveland State University and was admitted to the Ohio bar in 2000. She served as an Assistant Prosecutor in Morrow, Richland, and Ashland Counties and maintained a private practice concentrating on family matters
- Community Service: Previously served as a Board Member and Chair of the Appleseed Community Mental Health Board and as Secretary of the Ashland Parenting Plus Board
- Core Values: Emphasizes dignity and respect in all court interactions, honesty, integrity, fairness, teamwork, quality, punctuality, and professional commitment
The Court Today
The Ashland County Court of Common Pleas continues to serve the county's approximately 52,000 residents. The court maintains separate divisions for general civil and criminal matters, domestic relations, juvenile cases, and probate matters.
Modern technology has transformed court operations, with electronic filing systems, computerized case management, and video conferencing capabilities now standard practice. The court maintains an online presence and provides various services to the public, including record searches, forms, and information about court procedures.
The legacy of the Court of Common Pleas—from its English origins through the Northwest Territory to modern-day Ashland County—demonstrates the enduring importance of accessible trial courts in the American judicial system. As the only trial court established by the Ohio Constitution, the Court of Common Pleas remains the cornerstone of justice in each of Ohio's 88 counties.