Ohio Revised Code

Ohio Rev. Code § 109.02 (2026)

Duties as chief law officer

✓ current as of May 2026

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Effective:

September 30, 2025

Latest Legislation:

House Bill 96 - 136th General Assembly

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The attorney general is the chief law officer for the state and all its departments and shall be provided with adequate office space in Columbus. Except as provided in division (E) of section 120.06 and in sections 101.55, 107.13, and 3517.14 to 3517.18 of the Revised Code, no state officer or board, or head of a department or institution of the state shall employ, or be represented by, other counsel or attorneys at law. The attorney general shall appear for the state in the trial and argument of all civil and criminal causes in the supreme court in which the state is directly or indirectly interested. When required by the governor or the general assembly, the attorney general shall appear for the state in any court or tribunal in a cause in which the state is a party, or in which the state is directly interested. Upon the written request of the governor, the attorney general shall prosecute any person indicted for a crime.

Last updated July 17, 2025 at 10:58 AM

Notes of Decisions

Cited in 43 cases (8 in the last 5 years), 1956–2026 · leading case: State ex rel. Leslie v. Ohio Hous. Fin. Agency, 105 Ohio St. 3d 261 (Ohio 2005).

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State ex rel. Leslie v. Ohio Hous. Fin. Agency, 105 Ohio St. 3d 261 (Ohio 2005). · cites it 17× “Attorney-Client Privilege: State Agencies: Olander and R.C. 109.02 {¶ 31} The court of appeals held that based on its decision in Olander, “the attorney-client privilege does not exist between a state agency and its in-house attorney unless the attorney is a member of the…”

State Ex Rel. Merrill v. Ohio Dep't of Nat. Resources, 2011 Ohio 4612 (Ohio 2011). · cites it 6× “{¶ 18} In holding that the state of Ohio lacked standing, the court of appeals cited R.C. 109.02 for the proposition that the Ohio attorney general could “only act at the behest of the governor, or the General Assembly,” and in this case, the “attorney general represented the…”

State ex rel. Morgan v. Strickland, 2009 Ohio 1901 (Ohio 2009). · cites it 4× “The governor’s office also noted that it had not yet claimed attorney-client privilege or any other available privilege or exemption to prevent the release of the records provided to relator.”

Ne. Ohio Coalition for the Homeless & Serv. Employees Int'l Union, Local 1199 v. Blackwell, 467 F.3d 999 (6th Cir. 2006). “Under Ohio Rev. Code Ann. § 109.02 , the Attorney General is “the chief law officer for the state and all its departments” and shall appear for the State in any tribunal in a case in which the state is a party when required by the governor or the general assembly.”

Bell v. Marinko, 235 F. Supp. 2d 772 (N.D. Ohio 2002). · cites it 4× “The basis for that request and order was that O.R.C. § 109.02 provides that “[t]he attorney general shall appear for the state in the trial and argument of all civil and criminal causes in the supreme court in which the state is directly or indirectly interested.”

Hammond v. Brown, 323 F. Supp. 326 (N.D. Ohio 1971). · cites it 5× “Ohio Rev.Code § 109.02 specifies that the attorney general “when required by the governor * * * shall appear for the state in any court or tribunal in a cause in which the state is a party, or in which the state is directly interested.”

Peoples Rights Org., Inc. v. Montgomery, 756 N.E.2d 127 (Ohio Ct. App. 2001). · cites it 2× “The trial court looked to R.C. 109.02 and the statewide notice sent by the OACP agreeing that the Attorney General was Ohio’s primary CLEO.”

State ex rel. Cordray v. Marshall, 2009 Ohio 4986 (Ohio 2009). “” R.C. 109.02. {¶ 16} Rawlins asserts that the attorney general’s liberal interpretation of his powers would render R.”

Akron Ctr. for Reproductive Health v. Rosen, 633 F. Supp. 1123 (N.D. Ohio 1986). · cites it 2× “,” Ohio Rev.Code Ann. § 109.02 (Page 1984), Rosen and Slaby wrongly argue that they have no role in this action.”

Dorsey v. Banks, 749 F. Supp. 2d 715 (S.D. Ohio 2010). · cites it 2× “See Ohio Rev. Code § 109.02. There has been no showing that the Attorney General cannot discharge that duty effectively here.”

Hunter v. Hamilton Cnty. Bd. of Elections, 850 F. Supp. 2d 795 (S.D. Ohio 2012). · cites it 2× “53) (quoting Ohio Rev.Code Ann. § 109.02.) . The permanent injunction hearing in this matter spanned twelve non-consecutive days.”

State of Ohio v. United Transp., Inc., 506 F. Supp. 1278 (S.D. Ohio 1981). · cites it 7× “No state officer, board, or the head of a department or institution of the state shall, employ, or be represented by, other counsel or attorneys at law.”

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