Enquirer News Update - Updated 6:40 p.m.
Text of law cited in Allen removal lawsuit
Provided to The Enquirer
Carrie Davis, of Groesbeck, filed a lawsuit asking to for Hamilton County Prosecutor Mike Allen to be removed from office. Here is the state law that she cites in that lawsuit.
309.05. Removal of prosecuting attorney for neglect or misconduct.
On complaint, in writing, signed by one or more taxpayers, containing distinct charges and specifications of wanton and willful neglect of duty or gross misconduct in office by the prosecuting attorney, and filed in the court of common pleas, the court shall assign the complaint for hearing and shall cause reasonable notice of such hearing to be given to the prosecuting attorney of the time fixed by the court for the hearing. At the time so fixed, or to which the court adjourns the hearing, such court shall hear the evidence adduced by the complainants and the prosecuting attorney. If it appears that the prosecuting attorney has willfully and wantonly neglected to perform his duties, or has been guilty of gross misconduct in office, the court shall remove him from office and declare such office vacant. Otherwise the complaint shall be dismissed, and the court shall render judgment against the losing party for costs.