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Home » US Law » 2022 Ohio Revised Code » Title 3 | Counties » Chapter 309 | Prosecuting Attorney

Section 309.01 | Election of Prosecuting Attorney.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly There shall be elected quadrennially in each county, a prosecuting attorney, who shall hold his office for four years, beginning on the first Monday of January next after his election.

Section 309.02 | Qualifications of Candidate for Prosecuting Attorney.

Effective: August 19, 1992 Latest Legislation: Senate Bill 243 – 119th General Assembly No person shall be eligible as a candidate for the office of prosecuting attorney, or shall be elected to such office, who is not an attorney at law licensed to practice law in this state. No prosecuting attorney shall be a member […]

Section 309.03 | Bond of Prosecuting Attorney – Oath.

Effective: March 20, 2019 Latest Legislation: House Bill 291 – 132nd General Assembly Except as otherwise provided in section 3.061 of the Revised Code, before entering upon the discharge of the official duties of the prosecuting attorney, the prosecuting attorney shall give a bond, signed by a bonding or surety company approved by the court […]

Section 309.05 | Removal of Prosecuting Attorney for Neglect or Misconduct.

Effective: September 16, 2004 Latest Legislation: House Bill 252 – 125th General Assembly On complaint, in writing, signed by one or more taxpayers, containing distinct charges and specifications of wanton and willful neglect of duty or gross misconduct in office by the prosecuting attorney, supported by affidavit and filed in the court of common pleas, […]

Section 309.07 | Appointment of Secret Service Officer.

Effective: October 24, 1969 Latest Legislation: Senate Bill 94 – 108th General Assembly The prosecuting attorney may appoint secret service officers whose duty it shall be to aid him in the collection and discovery of evidence to be used in the trial of criminal cases and matters of a criminal nature. Such appointment shall be […]

Section 309.09 | Legal Adviser – Additional Legal Counsel.

Effective: November 2, 2018 Latest Legislation: House Bill 34 – 132nd General Assembly (A) The prosecuting attorney shall be the legal adviser of the board of county commissioners, board of elections, all other county officers and boards, and all tax-supported public libraries, and any of them may require written opinions or instructions from the prosecuting […]

Section 309.10 | Provisions for Other Counsel.

Effective: October 6, 2009 Latest Legislation: Senate Bill 79 – 128th General Assembly Sections 309.08 and 309.09 of the Revised Code do not prevent a school board from employing counsel to represent it, but when counsel is employed, the counsel shall be paid by the school board from the school fund. Sections 309.08 and 309.09 […]

Section 309.11 | Official Bonds.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly The prosecuting attorney shall prepare, in legal form, the official bonds for all county officers, and shall see that the acceptance of such bonds by the proper authorities, the signing thereof, and all the indorsements thereon, are in conformity to law, and […]

Section 309.12 | Protection of Public Funds.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Upon being satisfied that funds of the county, or public moneys in the hands of the county treasurer or belonging to the county, are about to be or have been misapplied, or that any such public moneys have been illegally drawn or […]

Section 309.13 | Taxpayer’s Suit.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly If the prosecuting attorney fails, upon the written request of a taxpayer of the county, to make the application or institute the civil action contemplated in section 309.12 of the Revised Code, the taxpayer may make such application or institute such civil […]

Section 309.14 | Injuries to Timber.

Effective: July 1, 1985 Latest Legislation: House Bill 201 – 116th General Assembly When trees standing or growing on any land belonging to the state, or to any school district, are, without lawful authority, cut down, or in any way injured, the prosecuting attorney shall prosecute the wrongdoer, and shall seize all timber so cut […]

Section 309.15 | Annual Report to Attorney General.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly On or before the first day of September in each year, if so required by the attorney general by a written notice given on or before the first day of August, the prosecuting attorney shall transmit to the attorney general a report […]

Section 309.16 | [Repealed Effective 4/4/2023 by s.b. 16, 134th General Assembly] Annual Report to Board of County Commissioners – Transmission of Information to State Fire Marshal.

Effective: July 31, 1980 Latest Legislation: Senate Bill 198 – 113th General Assembly (A) On the first Monday of September in each year, each prosecuting attorney shall make a certified statement to the board of county commissioners specifying: (1) The number of criminal prosecutions pursued to final conviction and sentence under his official care, during […]

Section 309.17 | Action to Reclaim Property.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly When the prosecuting attorney of a county is informed that a person has in his possession money or other property belonging to a person found dead within such county, upon whose estate no letters of administration have been issued, the prosecuting attorney, […]