State ex rel. Dreamer v. Mason

Sean C. Gallagher, Administrative Judge,

dissenting.

{¶ 54} I respectfully dissent from the majority opinion. While I empathize with the position in which relators were placed and do not fully condone the actions of the prosecutor’s office, I do not believe relators are entitled to mandamus relief under existing law.

{¶ 55} In order for relators to establish a clear legal right to have legal counsel appointed at the expense of the county, they must show that they are entitled to this relief under the applicable statutes. R.C. 309.09(A) requires the prosecuting attorney to defend all actions to…