State v. Brown

{¶ 1} In these three cases, we are asked to determine whether probate judges have the authority to issue search warrants on criminal matters. We hold that they do not. Unless a probate judge has been assigned by the chief justice pursuant to Article IV, Section 5(A)(3) of the Ohio Constitution to temporarily sit or hold court in another division of a court of common pleas a probate judge does not have the authority to hear evidence and issue search warrants in criminal matters.

{¶ 2} These cases arise out of the same set of facts and raise the identical issue, so we consolidated the cases for…