The prosecuting attorney or assistant prosecuting attorney may at all times appear before the grand jury to give information relative to a matter cognizable by it, or advice upon a legal matter when required. The prosecuting attorney may interrogate witnesses before the grand jury when the grand jury or the prosecuting attorney finds it necessary, but no person other than the grand jurors shall be permitted to remain in the room with the jurors while the jurors are expressing their views or giving their votes on a matter before them. In all matters or cases which the attorney general is required to investigate or prosecute by the governor or general assembly, or which a special prosecutor is required by section 177.03 of the Revised Code to investigate and prosecute, the attorney general or the special prosecutor, respectively, shall have and exercise any or all rights, privileges, and powers of prosecuting attorneys, and any assistant or special counsel designated by the attorney general or special prosecutor for that purpose, has the same authority. Proceedings in relation to such matters or cases are under the exclusive supervision and control of the attorney general or the special prosecutor.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 1971–2025 · leading case: State v. Wilks (Slip Opinion), 2018 Ohio 1562 (Ohio 2018).
State v. Wilks (Slip Opinion), 2018 Ohio 1562 (Ohio 2018). · cites it 2ד10 states, “The prosecuting attorney or assistant prosecuting attorney may at all times appear before the grand jury to give information relative to a matter cognizable by it, or advice upon a legal matter when required.” The prosecutor’s role as the grand jury’s legal advisor…”
State v. Warner, 564 N.E.2d 18 (Ohio 1990). · cites it 4ד134, with the same powers county prosecuting attorneys have under R.C. 2939.10. 8 Id. at 1-2. We begin this analysis with the presumption that the Act is constitutional, and it will not be declared unconstitutional unless it “appear[s] beyond a reasonable doubt that the…”
Hammond v. Brown, 323 F. Supp. 326 (N.D. Ohio 1971). · cites it 4דFurthermore, under Ohio Rev.Code § 2939.10 the' Attorney General and his Special Counsel have and exercise the rights, privileges,, and powers of prosecuting attorneys.”
State v. Owens, 2015 Ohio 3017 (Ohio Ct. App. 2015). · cites it 7ד6(D) and R.C. 2939.10 and (2) he believes there may have been inconsistencies between the victim’s grand jury and trial testimony.”
State v. Brown, 2025 Ohio 8 (Ohio Ct. App. 2025). · cites it 2דSee R.C. 2939.10. Upon receiving such evidence and counsel, the grand jury, by a vote of seven or more jurors, may find and return a true bill of indictment against a defendant.”
State ex rel. Shoop v. Mitrovich, 448 N.E.2d 800 (Ohio 1983). “R.C. 2939.10, which gives the prosecuting attorney or assistant prosecuting attorney access to the grand jury, does not in any way alter that basic relationship.”
Walton v. Judge, Wyandot Cty. Common Pleas Court, 64 Ohio St. 3d 564 (Ohio 1992). “Under R.C. 2939.10, only the prosecuting attorney, assistant prosecuting attorney, and, in certain cases, the Attorney General or special prosecutor appointed by the Attorney General have access to the grand jury.”
Walton v. Judge, 1992 Ohio 5 (Ohio 1992). · cites it 2ד] Criminal law -- Grand juries -- R.C. 2939.10 -- Private citizen has no right to present evidence before a grand jury.”
State v. Flannery, 2025 Ohio 1074 (Ohio Ct. App. 2025). “6(D) and R.C. 2939.10. Id. at ¶ 4. He had raised an assignment of error in his appellate brief alleging the invalidity of the indictment on this basis, but could not prove, as a question of fact, that such a person was in fact present in the grand jury room without the…”
Sweet v. Carter, 22 F. Supp. 2d 707 (N.D. Ohio 1998). · cites it 2דSee Ohio Rev.Code §§ 2939.10 and 4705.01. The trial court subsequently dismissed the April 27 indictment by granting the State's motion to dismiss.”
State ex rel. Baxter v. Maschari, 6 Ohio App. Unrep. 180 (Ohio Ct. App. 1990). · cites it 2דThe court went on to state that the grand jury is essentially an arm of the court and that R.C. 2939.10 gives the prosecuting attorney or the assistant prosecuting attorney access to the grand jury.”
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