Ohio Rev. Code » Chapter 2941
Ohio Revised Code

Ohio Rev. Code § 2941.63 (2026)

Appointment of counsel to assist prosecutor when public interest requires it

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The court of common pleas, or the court of appeals, whenever it is of the opinion that the public interest requires it, may appoint an attorney to assist the prosecuting attorney in the trial of a case pending in such court. The board of county commissioners shall pay said assistant to the prosecuting attorney such compensation for his services as the court approves.

Notes of Decisions
Cited in 11 cases (3 in the last 5 years), 1984–2026 · leading case: State ex rel. Williams v. Zaleski, 465 N.E.2d 861 (Ohio 1984).
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State ex rel. Williams v. Zaleski, 465 N.E.2d 861 (Ohio 1984). · cites it 6× “R.C. 2941.63 vests the court of common pleas with broad discretion in appointing prosecutorial counsel in criminal matters.”
State v. Bunyan, 555 N.E.2d 980 (Ohio Ct. App. 3d Dist. 1988). · cites it 3× “Assignment of error number two states: “The trial court erred in not dismissing the indictment for the reason that it was not signed by the prosecutor or by an assistant in the name of the prosecutor, and the grand jury proceedings were conducted by a person not properly…”
State v. Brewer, 549 N.E.2d 491 (Ohio 1990). “” This claim is based on the fact that Flannery served without compensation from Greene County, and that Sherry Byrne’s mother-in-law was an employee of the Warren County court system.”
State v. Ferguson, 2011-Ohio-4285. · cites it 2× “63, the Clark County Common Pleas Court appointed special prosecutors to handle this matter, finding the request for a special prosecutor to be appropriate.”
State v. Ross, 2012-Ohio-536. “Special Prosecutor {¶55} R.C. 2941.63 permits, but does not require, a trial court to appoint an attorney to assist the prosecuting attorney “whenever it is of the opinion that the public interest requires it[.”
State v. Robertson, 2012-Ohio-2955. “” {¶54} The power of a court of common pleas or court of appeals to appoint a special prosecutor arises from R.C. 2941.63, although this statute does not refer to the appointment of a prosecutor in municipal court: {¶55} “The court of common pleas, or the court of appeals,…”
In re Appointment of Special Prosecutor, 2024-Ohio-3258. · cites it 10× “{¶ 3} On January 4, 2024, appellant filed a motion requesting the trial court, pursuant to R.C. 2941.63 and its inherent authority, appoint a special prosecutor to review Mayor Ginther’s actions on October 10 and 11, 2023.”
State v. Leavell, 2018-Ohio-775. “{¶ 6} In appellant’s first assignment of error he argues that the trial court erred by allowing the Erie County Prosecutor’s office to appoint a special prosecutor without petitioning the court as required under R.C. 2941.63. This, appellant argues, divested the trial court from…”
State ex rel. Yost v. Costine, 2026-Ohio-1099. “) R.C. 2941.63. But such an appointment "implies [the] assistant would be under the direction of the prosecuting attorney himself.”
State ex rel. Yost v. Costine, 2026-Ohio-1154, 281 N.E.3d 1140. “) R.C. 2941.63. But such an appointment "implies [the] assistant would be under the direction of the prosecuting attorney himself.”
State v. Conley, 2012-Ohio-4249. “]” R.C. 2941.63. The facts underlying the appointment of the special prosecutor are not in the record, and the appointment itself does not establish the extent of any conflict that may have existed.”
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