REPRESENTATIVES Cates, Aslanides, D. Evans, Faber, Flowers, Gilb, Hagan, Hughes, Latta, Martin, McGregor, Schaffer, Schmidt, Webster, Willamowski

To amend section 309.05 of the Revised Code to

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regulate when motions for judgment on the

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pleadings, motions to dismiss, and motions for

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summary judgment may be filed in actions to remove

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a prosecuting attorney.

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

Section 1. That section 309.05 of the Revised Code be amended	6
to read as follows:	7

Sec. 309.05.  On complaint, in writing, signed by one or more	8
taxpayers, containing distinct charges and specifications of	9
wanton and willful neglect of duty or gross misconduct in office	10
by the prosecuting attorney, supported by affidavit and filed in	11
the court of common pleas, the court shall assign the complaint	12
for hearing and shall cause reasonable notice of suchthe hearing	13
to be given to the prosecuting attorney of the time fixed by the	14
court for the hearing. At the time so fixed, or to which the court	15
adjourns the hearing, suchthe court shall hear the evidence	16
adduced by the complainants and the prosecuting attorney. The	17
court may consider motions for judgment on the pleadings made	18
pursuant to Civil Rule 12, motions to dismiss made pursuant to	19
Civil Rule 41, and motions for summary judgment made pursuant to	20
Civil Rule 56 that are filed before the hearing. If it appears	21
that the prosecuting attorney has willfully and wantonly neglected	22
to perform histhe prosecuting attorney's duties, or has been	23
guilty of gross misconduct in office, the court shall remove him	24
the prosecuting attorney from office and declare suchthe office	25
vacant. Otherwise the complaint shall be dismissed, and the court	26
shall render judgment against the losing party for costs.	27

If a complaint to remove a prosecuting attorney is dismissed	28
because the complainant or complainants failed to file an	29
affidavit in support of the complaint, the dismissal shall be	30
without prejudice.	31

Section 2. That existing section 309.05 of the Revised Code	32
is hereby repealed.	33