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 the | 12 |
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 render | 24 |
judgment against the losing party for costs. | 25 |