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GILDAY v. BOARD OF ELECTIONS OF HAMILTON COUNTY, OHIO

No. 72-1234.

472 F.2d 214 (1972)

Judge Paul E. GILDAY et al., Plaintiffs-Appellants, v. The BOARD OF ELECTIONS OF HAMILTON COUNTY, OHIO, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

December 19, 1972.

Attorney(s) appearing for the Case

Arnold Morelli, Cincinnati, Ohio, for plaintiffs-appellants; Bauer, Morelli & Heyd, Cincinnati, Ohio, on briefs.

Arthur M. Ney, Asst. Pros. Atty., for defendants-appellees; Simon L. Leis, Jr., Prosecutor, Cincinnati, Ohio, William J. Brown, Atty. Gen. of Ohio, Thomas V. Martin, Executive Asst. to Atty. Gen., Michael R. Grove, Asst. Atty. Gen., Columbus, Ohio, on briefs.

Before PECK, MILLER and KENT, Circuit Judges.

WILLIAM E. MILLER, Circuit Judge.

The legislature of Ohio by a number of statutes has created approximately 108 municipal courts and has provided that the number of judges shall be determined from time to time on the basis of the population of the territorial jurisdiction of each court. Ohio Rev.Code Ann. § 1901.05. (Baldwin 1971). For the first one hundred thousand inhabitants it is provided that there shall be one judge and one additional judge for each increase...

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