Hamilton County Common Pleas Judge Thomas Crush said that, after he reviews their arguments, he will decide if Carrie Davis' lawsuit will move forward.

MIKE ALLEN SCANDAL Judge Crush holds his head as he listens to the arguments of Carrie Davis Thursday. The Enquirer/GARY LANDERS

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Davis accused Allen of committing gross misconduct by having a sexual relationship with a subordinate and failing to notify commissioners about it when the woman made a formal sexual harassment complaint to Allen's office Aug. 12. The Davis suit, filed on behalf of taxpayers, asked a judge to remove Allen from office. Friday, Davis asked the judge to suspend Allen pending the outcome of the lawsuit.

"I've never seen a public official, while under investigation for possible criminal activity, remain in office," Davis argued.

Crush did not act on that request. In the written arguments, Allen's lawyers must outline why he believes that would be inappropriate.

Crush cautioned Davis that she must stick to the issue she first raised: Did Allen have sex at the office with a county employee and, if so, did doing so interfere with his work as prosecutor.

"Whether that happened, we do not know," Crush said. "That will be the basis, if proven, of my removing him from office."

Allen, 48, admitted to a sexual affair with Rebecca Collins, an assistant prosecutor in his office. The day after Allen's admission, Collins, 33, sued Allen and the board of county commissioners claiming sexual harassment. She alleged Allen coerced her into the affair, had sex with her during office hours and threatened to ruin her career if she stopped seeing him. Her suit seeks unspecified monetary damages.

Allen's lawyer, Michael Hawkins, has called Collins' accusations "outrageous and false." He is also fighting Davis' lawsuit.

Hawkins asked Crush to dismiss Davis' lawsuit Friday for four reasons:

He argued Davis should not have been allowed to file the suit free, saying she was an indigent because she owned a home; she did not support her allegation with a sworn statement; she didn't make any specific allegations and that her point was now moot because Allen had withdrawn from the Nov. 2 election for prosecutor.

Allen was running unopposed for his job when he admitted to the affair. He withdrew from the race a week ago, setting the stage for a write-in race. Allen officially leaves office the first week in January, when a new prosecutor is sworn into office.

Davis asked that Crush make a decision in the next two weeks.

"This could drag through the courts forever and mute the voice of the public," Davis told Crush. "The legislators intended this to be a speedy process."

The judge said he would try to speed the case along, but said it will almost be impossible to do.

"A case like this would usually take a year or two, to compress it in 30 days would be difficult, but we'll try," Crush said.

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