(A) As used in this section, "reviewing official" means a judge of a court of record, the prosecuting attorney or attorney charged by law with the prosecution of offenses in a court or before a magistrate, or a magistrate.
(B) In all cases not provided by sections 2935.02 to 2935.08 of the Revised Code, in order to cause the arrest or prosecution of a person charged with committing an offense in this state, a peace officer or a private citizen having knowledge of the facts shall comply with this section.
(C) A peace officer who seeks to cause an arrest or prosecution under this section may file with a reviewing official or the clerk of a court of record an affidavit charging the offense committed.
(D) A private citizen having knowledge of the facts who seeks to cause an arrest or prosecution under this section may file an affidavit charging the offense committed with a reviewing official for the purpose of review to determine if a complaint should be filed by the prosecuting attorney or attorney charged by law with the prosecution of offenses in the court or before the magistrate. A private citizen may file an affidavit charging the offense committed with the clerk of a court of record before or after the normal business hours of the reviewing officials if the clerk's office is open at those times. A clerk who receives an affidavit before or after the normal business hours of the reviewing officials shall forward it to a reviewing official when the reviewing official's normal business hours resume.
Notes of Decisions
Cited in 115
cases (30 in the last 5 years), 1962–2026 · leading case: State v. Mbodji, 2011-Ohio-2880, 129 Ohio St. 3d 325.
State v. Mbodji, 2011-Ohio-2880, 129 Ohio St. 3d 325. · cites it 38דA complaint that meets the requirements of Crim.”
State ex rel. Blachere v. Tyack, 2023-Ohio-781, 210 N.E.3d 960. · cites it 43דTyack, Franklin County Municipal Court Clerk ("Clerk Tyack"), and Maryellen O'Shaughnessy, Franklin County Clerk of Courts ("Clerk O'Shaughnessy"), to accept for filing the affidavit he presented to Clerk Tyack pursuant to R.C. 2935.09 and 2935.10. For the foregoing reasons, we…”
State ex rel. Brown v. Nusbaum (Slip Opinion), 2017-Ohio-9141, 95 N.E.3d 365. · cites it 7דBackground {¶ 2} In September 2014, Brown filed a demand and a supporting affidavit in the Ross County Common Pleas Court under R.C. 2935.09. He sought the issuance of criminal warrants against numerous employees of Aramark Correctional Services, Inc.”
Hillman v. O'Shaughnessy, 2017-Ohio-489. · cites it 13דFactual and Procedural Background {¶ 2} On July 8, 2016, Hillman, an inmate at the Chillicothe Correctional Institution, filed an affidavit pursuant to R.C. 2935.09 and 2935.10 accusing defendant- appellee, Maryellen O'Shaughnessy, Franklin County Clerk of Courts ("Clerk of…”
State v. Fraley, 2020-Ohio-3763, 156 N.E.3d 289. · cites it 18ד{¶ 1} Appellant, Christopher Hicks, appeals judgments of the Clermont County Municipal Court that (1) refused to issue an arrest warrant or summons in response to an Clermont CA2019-09-072 2 affidavit Hicks filed pursuant to R.C. 2935.09(D) that alleged the commission of a…”
Hillman v. Larrison, 2016-Ohio-666. · cites it 15דAppellant's affidavit specifically indicated it was being filed, pursuant to R.C. 2935.09 and 2935.10, which permit a private citizen to file an affidavit charging an offense against another person.”
State v. Burns, 2019-Ohio-1141. · cites it 29דeal: APPELLANT CONTENDS THAT THE TRIAL COURT JUDGE DENIED HIM HIS RIGHTS UNDER THE 1ST, 5TH, AND 14TH AMENDMENTS TO THE UNITED STATES CONSTITUTIONS TO MEANINGFUL ACCESS TO THE COURT, AND THE RIGHT TO PETITION -4- THE GOVERNMENT FOR REDRESS OF INJURIES WHICH DENIED HIM DUE…”
State ex rel. Bunting v. Styer (Slip Opinion), 2016-Ohio-5781, 67 N.E.3d 755. · cites it 5ד09(D) allows a private citizen to file an affidavit alleging a criminal offense: A private citizen having knowledge of the facts who seeks to cause an arrest or prosecution under this section may file an affidavit charging the offense committed with a reviewing official for the…”
State ex rel. Whittaker v. Lucas Cty. Prosecutor's Off. (Slip Opinion), 2021-Ohio-1241, 172 N.E.3d 143. · cites it 4ד] Mandamus—R.C. 2935.09—Citizen affidavits—Appellant lacks clear legal right to prosecution of felonious-assault charges—Court of appeals’ grant of summary judgment in favor of prosecutor affirmed.”
State ex rel. A.N. v. Cuyahoga Cty. Prosecutor's Off. (Slip Opinion), 2021-Ohio-2071, 175 N.E.3d 539. · cites it 4ד’s complaint avers that he brought his parents’ alleged crimes to the attention of the city prosecutor, who then referred the matter to the county prosecutor’s office.”
State v. L.F., 2020-Ohio-968. · cites it 8ד{¶ 14} Notably, R.C. 2935.09 and 2935.10 only permit a private citizen to file an affidavit charging an offense.”
State ex rel. Brown v. Jeffries, 2012-Ohio-1522. · cites it 7דFACTS {¶2} While incarcerated in Ross Correctional Institute, Steven Brown filed an affidavit with the Ross County Court of Common Pleas seeking the issuance of criminal warrants under R.C. 2935.09 against several prison officials for committing both felonies and misdemeanor…”
State ex rel. Blachere v. Tyack, 2023-Ohio-781, 210 N.E.3d 960. “Tyack, Franklin County Municipal Court Clerk ("Clerk Tyack"), and Maryellen O'Shaughnessy, Franklin County Clerk of Courts ("Clerk O'Shaughnessy"), to accept for filing the affidavit he presented to Clerk Tyack pursuant to R.C. 2935.09 and 2935.10. For the foregoing reasons, we…”
State v. Mbodji, 2011-Ohio-2880, 129 Ohio St. 3d 325. “A complaint that meets the requirements of Crim.”
Hillman v. Larrison, 2016-Ohio-666. “Appellant's affidavit specifically indicated it was being filed, pursuant to R.C. 2935.09 and 2935.10, which permit a private citizen to file an affidavit charging an offense against another person.”
State ex rel. Brown v. Jeffries, 2012-Ohio-1522. “FACTS {¶2} While incarcerated in Ross Correctional Institute, Steven Brown filed an affidavit with the Ross County Court of Common Pleas seeking the issuance of criminal warrants under R.C. 2935.09 against several prison officials for committing both felonies and misdemeanor…”
State ex rel. Blachere v. Tyack, 2023-Ohio-781, 210 N.E.3d 960. “Tyack, Franklin County Municipal Court Clerk ("Clerk Tyack"), and Maryellen O'Shaughnessy, Franklin County Clerk of Courts ("Clerk O'Shaughnessy"), to accept for filing the affidavit he presented to Clerk Tyack pursuant to R.C. 2935.09 and 2935.10. For the foregoing reasons, we…”
State ex rel. Blachere v. Tyack, 2023-Ohio-781, 210 N.E.3d 960. “Tyack, Franklin County Municipal Court Clerk ("Clerk Tyack"), and Maryellen O'Shaughnessy, Franklin County Clerk of Courts ("Clerk O'Shaughnessy"), to accept for filing the affidavit he presented to Clerk Tyack pursuant to R.C. 2935.09 and 2935.10. For the foregoing reasons, we…”
State v. Mbodji, 2011-Ohio-2880, 129 Ohio St. 3d 325. “A complaint that meets the requirements of Crim.”
State v. Fraley, 2020-Ohio-3763, 156 N.E.3d 289. “{¶ 1} Appellant, Christopher Hicks, appeals judgments of the Clermont County Municipal Court that (1) refused to issue an arrest warrant or summons in response to an Clermont CA2019-09-072 2 affidavit Hicks filed pursuant to R.C. 2935.09(D) that alleged the commission of a…”
State ex rel. Brown v. Nusbaum (Slip Opinion), 2017-Ohio-9141, 95 N.E.3d 365. “Background {¶ 2} In September 2014, Brown filed a demand and a supporting affidavit in the Ross County Common Pleas Court under R.C. 2935.09. He sought the issuance of criminal warrants against numerous employees of Aramark Correctional Services, Inc.”
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