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 |