RULE 41: APPOINTMENT OF SPECIAL PROSECUTOR
From time to time the Hamilton County Prosecutor is faced with a situation
that prevents the Hamilton County Prosecutor’s Office from handling a criminal
case. The following must take place before a special prosecutor can be
- The Hamilton County Prosecutor must make application, in writing, to the
Presiding Judge of the Common Pleas Court that a special prosecutor is
- If such application is made, the Hamilton County Prosecutor shall
endeavor to propose someone who will handle the case for no fee.
- If a special prosecutor needs to be appointed and paid, the rate of pay
shall be set at a reasonable rate. Any charges for expenses shall be made
separately. Invoices shall be presented to the Court Administrator for
review prior to submitting to the judge. Payment shall be made by the
County Treasurer in accordance with R.C. 2941.63.
- The special prosecutor shall endeavor to bring the case to indictment or
if there is insufficient evidence to indict, make such a determination
within sixty (60) days from the date of appointment.
- The special prosecutor shall, to the extent possible, utilize already
existing government resources in the investigation and prosecution of the
alleged criminal conduct as opposed to expending public funds for
- All matters relating to the appointment of a special prosecutor, the
fees to be paid the special prosecutor as well as any pre-indictment legal
rulings, shall be made by the Presiding Judge of the Court of Common
Pleas. That judge shall continue to decide these matters even after he or
she is not presiding judge. The Presiding Judge may, by entry, designate
another Common Pleas Judge to handle pre-indictment matters involving a
special prosecutor and, if this is done, by entry, that judge shall handle
the matter with all the duties of the Presiding Judge including the
payment of fees.
- The Presiding Judge or the designee performing the duties set forth in
the preceding paragraph shall not be eligible to be the trial judge in the
case or cases arising out of the activities of the special prosecutor. The
Presiding Judge’s or his designee’s ability to render legal rulings in
the case shall end upon indictment, individual assignment of the case to a
judge or, if there is no indictment, upon the termination of the
appointment of the special prosecutor.
This Rule to be effective Nunc Pro Tunc to September 27, 2000, and until
further order of the Court.
Back to Top of Page
to Local Rules Page
to Home Page