As Introduced

125th General Assembly
Regular Session
2003-2004
H. B. No. 252


REPRESENTATIVE Cates



A BILL
To amend section 309.05 of the Revised Code to 1
regulate when motions to dismiss and motions for 2
summary judgment may be filed in actions to remove 3
a prosecuting attorney.4


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 309.05 of the Revised Code be amended 5
to read as follows:6

       Sec. 309.05.  On complaint, in writing, signed by one or more 7
taxpayers, containing distinct charges and specifications of 8
wanton and willful neglect of duty or gross misconduct in office 9
by the prosecuting attorney, and filed in the court of common 10
pleas, the court shall assign the complaint for hearing and shall 11
cause reasonable notice of suchthe hearing to be given to the12
prosecuting attorney of the time fixed by the court for the 13
hearing. At the time so fixed, or to which the court adjourns the 14
hearing, suchthe court shall hear the evidence adduced by the 15
complainants and the prosecuting attorney. The court may consider 16
motions to dismiss made pursuant to Civil Rule 41 and motions for 17
summary judgment made pursuant to Civil Rule 56 that are filed 18
before the hearing. If it appears that the prosecuting attorney 19
has willfully and wantonly neglected to perform histhe 20
prosecuting attorney's duties, or has been guilty of gross 21
misconduct in office, the court shall remove himthe prosecuting 22
attorney from office and declare suchthe office vacant. Otherwise 23
the complaint shall be dismissed, and the court shall render24
judgment against the losing party for costs.25

       Section 2. That existing section 309.05 of the Revised Code 26
is hereby repealed.27