(A) On or before the first Monday in January of each year, the judge of the court of common pleas or, if there is more than one judge, the judges of the court of common pleas in joint session may fix an aggregate sum to be expended for the incoming year for the compensation of assistants, clerks, and stenographers of the prosecuting attorney's office.
The prosecuting attorney may appoint any assistants, clerks, and stenographers who are necessary for the proper performance of the duties of his office and fix their compensation, not to exceed, in the aggregate, the amount fixed by the judges of the court of common pleas. The compensation, after being so fixed, shall be paid to the assistants, clerks, and stenographers biweekly from the general fund of the county treasury, upon the warrant of the county auditor.
(B) Subject to section 2921.421 of the Revised Code, a prosecuting attorney may appoint, as an assistant prosecuting attorney, clerk, stenographer, or other employee, a person who is an associate or partner of, or who is employed by, the prosecuting attorney or an assistant prosecuting attorney in the private practice of law in a partnership, professional association, or other law business arrangement.
Notes of Decisions
Cited in 10
cases (2 in the last 5 years), 1969–2025 · leading case: State ex rel. Moore v. Fornshell, 2025 Ohio 65 (Ohio Ct. App. 2025).
State ex rel. Moore v. Fornshell, 2025 Ohio 65 (Ohio Ct. App. 2025). · cites it 33ד{¶ 27} Moore also argues that two Ohio Attorney General opinions, one issued in 1912 and one issued in 1933, support his interpretation of R.C. 309.06. Before analyzing those opinions, we note that "Attorney General opinions are not binding on courts; at best, they are…”
Marsilio v. Vigluicci, 924 F. Supp. 2d 837 (N.D. Ohio 2013). · cites it 8דThe magistrate judge concluded that an Ohio statute authorizing county prosecutors to appoint assistants, Ohio Rev.Code § 309.06, as well as Ohio Attorney General Opinions flushing out the assistant county prosecutor’s role, defined that role in a similarly broad manner.”
State v. Ross, 826 N.E.2d 287 (Ohio 2004). “{¶ 36} There is little guidance in past court decisions on this point, but R.C. 309.06 does say that “[t]he prosecuting attorney may appoint any assistants * * * who are necessary for the proper performance of the duties of his office * * *.”
Desmond v. State, 2020 Ohio 181 (Ohio Ct. App. 2020). “R.C. 309.06 to act as his “Special Assistant” in the matter of Desmond’s petition to unseal the grand-jury transcripts.”
State ex rel. Williams v. Zaleski, 465 N.E.2d 861 (Ohio 1984). “” The sole authority of the prosecuting attorney to appoint assistants is set forth in R.C. 309.06 which provides in part: “The prosecuting attorney may appoint such assistants * * * as are necessary for the proper performance of the duties of his office and fix their…”
State, Ex Rel. Slaby v. Summit Cnty. Council, 454 N.E.2d 1379 (Ohio Ct. App. 1983). · cites it 6ד1 On January 3, 1983, on the application of the prosecuting attorney, the court of common pleas entered an order pursuant to R.C. 309.06 and 309.07 fixing aggregate 1983 compensation levels for the prosecuting attorney’s staff.”
Madden v. Bower, 254 N.E.2d 357 (Ohio 1969). “See, for example, Revised Code Sections 309.06, 313.05 and 325.17. No question is raised as to the authority of a board of county commissioners to purchase insurance for all county employees without the consent of, and even against the wishes of, their respective superiors.”
State Ex Rel. Sartini v. Trumbull Twp. Volunteer Fire Dep't, 839 N.E.2d 938 (Ohio Ct. App. 2005). · cites it 5דR.C. 309.06(A) states that at the beginning of each calendar year, the judges of the county’s court of common pleas “may fix” the amount of funds the county prosecutor can expend in compensating the staff of his office.”
State Ex Rel. Myers v. Portage Cnty., 609 N.E.2d 1333 (Ohio Ct. App. 1992). · cites it 2דR.C. 309.06 provides in pertinent part: “The prosecuting attorney may appoint such assistants, clerks, and stenographers as are necessary for the proper performance of the duties of his office and fix their compensation, not to exceed, in the aggregate, the amount fixed by the…”
Smith v. Silvernail (S.D. Ohio 2024). · cites it 2דSee Ohio Rev. Code §§ 309.06, 309.08, 309.09.”
— Ohio Rev. Code § 309.06(A) — 3 cases
State ex rel. Moore v. Fornshell, 2025 Ohio 65 (Ohio Ct. App. 2025). “{¶ 27} Moore also argues that two Ohio Attorney General opinions, one issued in 1912 and one issued in 1933, support his interpretation of R.C. 309.06. Before analyzing those opinions, we note that "Attorney General opinions are not binding on courts; at best, they are…”
Marsilio v. Vigluicci, 924 F. Supp. 2d 837 (N.D. Ohio 2013). “The magistrate judge concluded that an Ohio statute authorizing county prosecutors to appoint assistants, Ohio Rev.Code § 309.06, as well as Ohio Attorney General Opinions flushing out the assistant county prosecutor’s role, defined that role in a similarly broad manner.”
State Ex Rel. Sartini v. Trumbull Twp. Volunteer Fire Dep't, 839 N.E.2d 938 (Ohio Ct. App. 2005). “R.C. 309.06(A) states that at the beginning of each calendar year, the judges of the county’s court of common pleas “may fix” the amount of funds the county prosecutor can expend in compensating the staff of his office.”
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