Ohio Rev. Code » Chapter 309
Ohio Revised Code

Ohio Rev. Code § 309.03 (2026)

Bond of prosecuting attorney - oath

✓ laws through the 2026 session (checked Sept. 2026)
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Effective:
March 20, 2019
Latest Legislation:
House Bill 291 - 132nd General Assembly
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Except as otherwise provided in section 3.061 of the Revised Code, before entering upon the discharge of the official duties of the prosecuting attorney, the prosecuting attorney shall give a bond, signed by a bonding or surety company approved by the court of common pleas or the probate court and authorized to do business in this state, or, at the prosecuting attorney's option, signed by two or more freeholders having real estate in the value of double the amount of the bond over and above all encumbrances to the state. Such bond shall be in a sum not less than one thousand dollars, to be fixed by the court of common pleas or the probate court and conditioned that such prosecuting attorney will faithfully discharge all the duties enjoined upon the prosecuting attorney by law, and pay over all moneys received in the prosecuting attorney's official capacity. The expense or premium for such bond shall be paid by the board of county commissioners, and shall be charged to the general fund of the county. Such bond, with the approval of such court and the oath of office required by sections 3.22 and 3.23 of the Revised Code indorsed thereon, shall be deposited with the county treasurer.
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2003–2024 · leading case: Chapman v. O'Shaughnessy, 2024-Ohio-2926, 250 N.E.3d 224.
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Chapman v. O'Shaughnessy, 2024-Ohio-2926, 250 N.E.3d 224. · cites it 3× “Appellant claims the prosecuting attorney’s defense of the County appellees was unlawful because the prosecuting attorney was in violation of the surety bond requirement set forth in R.C. 309.03, as the surety bond with Western was cancelled on February 3, 2023.”
State v. Young, 798 N.E.2d 629 (Ohio Ct. App. 3d Dist. 2003). “R.C. 309.03 empowers prosecuting attorneys to prosecute, on behalf of the state, “all complaints, suits, and controversies in which the state is a party * * * and other suits, matters, and controversies that the prosecuting attorney is required to prosecute within or outside of…”
State ex rel. McGinn v. Walker (Slip Opinion), 2017-Ohio-7714. “3(1) requires the county prosecuting attorney to secure a bond, a requirement under R.C. 309.03. And Section 3.5.3(7) requires the county prosecuting attorney to maintain a delinquent-tax-and- assessment-collection fund and submit a report regarding use of the money to the…”
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