In any case prosecuted for violation of a municipal ordinance the village solicitor or city director of law, and for a statute, he or the prosecuting attorney, shall present the case for the municipal corporation and the state respectively, but either may delegate the responsibility to some other attorney in a proper case, or, if the defendant be unrepresented by counsel may with leave of court, withdraw from the case. But the magistrate or judge shall not permit prosecution of any criminal case by private attorney employed or retained by a complaining witness.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1962–2025 · leading case: City of Columbus v. Tullos, 204 N.E.2d 67 (Ohio Ct. App. 1964).
City of Columbus v. Tullos, 204 N.E.2d 67 (Ohio Ct. App. 1964). · cites it 4דThere is no showing in the record that there was any intention on the part of the prosecutor of abdicating in the performance of his duty and it is clear that the statute obliges him to perform the duty whatever his personal choice, unless he delegates his responsibility “in a…”
Boston Hts. v. Brewer, 2017 Ohio 7042 (Ohio Ct. App. 2017). “ASSIGNMENT OF ERROR ONE THE TRIAL COURT ERRED IN ALLOWING A PRIVATE ATTORNEY TO PROSECUTE THE APPELLANT IN VIOLATION OF R.C. 2938.13. ASSIGNMENT OF ERROR TWO THE TRIAL COURT ERRED IN ACCEPTING THE PRIVATE ATTORNEY’S LEGALLY UNSUPPORTED MARCH 3, 2016[,] “ANYTIME AN OATH IS TAKEN…”
State v. Schulte, 797 N.E.2d 517 (Ohio Ct. App. 2003). “7 {¶ 9} R.C. 2938.13 delegates to a city law director or the county prosecutor the responsibility to present the case for a municipal corporation where a statute is involved.”
Daly v. Certo, 2025 Ohio 293 (Ohio Ct. App. 2025). “R.C. 2938.13 provides that “[i]n any case prosecuted for violation of a municipal ordinance the village solicitor or city director of law, and for a statute, he or the prosecuting attorney, shall present the case for the municipal corporation and the state respectively, but…”
State v. Robertson, 2012 Ohio 2955 (Ohio Ct. App. 2012). “” {¶52} R.C. 2938.13 allows the city law director to delegate a prosecution to another attorney: {¶53} “In any case prosecuted for violation of a municipal ordinance the village solicitor or city director of law, and for a statute, he or the prosecuting attorney, shall present…”
State v. Bowman, 187 N.E.2d 627 (Ohio Ct. App. 1962). · cites it 2ד’ ’ The attorneys who represent the state of Ohio, plaintiff, appellee herein, were designated for that purpose by the prose- , cuting attorney for the Municipal Court of the city of Miamis- , burg under the provisions of Section 2938.13, Revised Code. They have filed affidavits…”
State v. Willis, 200 N.E.2d 790 (Ohio Ct. App. 1963). · cites it 2ד” Not only was the Prosecutor not present to prosecute as required by the express language of Section 2938.13, Revised Code:— “In any case prosecuted for violation of a municipal ordinance the solicitor or law director, and for a statute, he or the prosecuting attorney, shall…”
State v. Kuczak, 744 N.E.2d 250 (Ohio Ct. App. 2000). “R.C. 2938.13. However, we believe that the General Assembly carved out an exception to that power for violations of R.”
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