Bill Summary – FastDemocracy

As Introduced
134th General Assembly
   Regular Session                                     H. B. No. 692
       2021-2022
                         Representative Wiggam
                                A BILL
            To amend section 305.14 of the Revised Code to             1
               permit the court of common pleas to authorize           2
               the board of county commissioners to employ             3
               legal counsel to assist the prosecuting attorney        4
               in defending an action brought by a vexatious           5
               litigator against a county board, officer, or           6
               employee or another person under certain                7
               circumstances.                                          8
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That section 305.14 of the Revised Code be             9
amended to read as follows:                                            10
     Sec. 305.14. (A) The court of common pleas, upon the              11
application of the prosecuting attorney and the board of county        12
commissioners, may authorize the board to employ legal counsel         13
to assist the prosecuting attorney, the board, or any other            14
county officer in any matter of public business coming before          15
such board or officer, and in the prosecution or defense of any        16
action or proceeding in which such board or officer is a party         17
or has an interest, in its official capacity.                          18
     (B) The board of county commissioners may also employ             19
H. B. No. 692                                                      Page 2
As Introduced
legal counsel, as provided in section 309.09 of the Revised                 20
Code, to represent it in any matter of public business coming               21
before such board, and in the prosecution or defense of any                 22
action or proceeding in which such board is a party or has an               23
interest, in its official capacity.                                         24
       (C) Notwithstanding division (A) of this section and                 25
except as provided in division (D) of this section, a county                26
board of developmental disabilities or a public children                    27
services agency may, without the authorization of the court of              28
common pleas, employ legal counsel to advise it or to represent             29
it or any of its members or employees in any matter of public               30
business coming before the board or agency or in the prosecution            31
or defense of any action or proceeding in which the board or                32
agency in its official capacity, or a board or agency member or             33
employee in the member's or employee's official capacity, is a              34
party or has an interest.                                                   35
       (D)(1) In any legal proceeding in which the prosecuting              36
attorney is fully able to perform the prosecuting attorney's                37
statutory duty to represent the county board of developmental               38
disabilities or public children services agency without conflict            39
of interest, the board or agency shall employ other counsel only            40
with the written consent of the prosecuting attorney. In any                41
legal proceeding in which the prosecuting attorney is unable,               42
for any reason, to represent the board or agency, the                       43
prosecuting attorney shall so notify the board or agency, and,              44
except as provided in division (D)(2) of this section, the board            45
or agency may then employ counsel for the proceeding without                46
further permission from any authority.                                      47
       (2) A public children services agency that receives money            48
from the county general revenue fund must obtain the permission             49
H. B. No. 692                                                       Page 3
As Introduced
of the board of county commissioners of the county served by the             50
agency before employing counsel under division (C) of this                   51
section.                                                                     52
       (E)(1) As used in division (E)(2) of this section,                    53
"vexatious litigator" means an individual who has been declared              54
a vexatious litigator under section 2323.52 of the Revised Code.             55
       (2) The court of common pleas, upon the application of the            56
prosecuting attorney and the board of county commissioners, may              57
authorize the board to employ legal counsel to assist the                    58
prosecuting attorney in defending against any action or                      59
proceeding brought before any court by a vexatious litigator                 60
against either of the following:                                             61
       (a) Any county board, officer, or employee;                           62
       (b) At the discretion of the prosecuting attorney, any                63
person who, because of the person's relationship or former                   64
relationship with a county board, officer, or employee, is named             65
as a defendant in the action or proceeding that is brought by a              66
vexatious litigator and serves primarily to harass, intimidate,              67
or retaliate against that county board, officer, or employee.                68
       Section 2. That existing section 305.14 of the Revised                69
Code is hereby repealed.                                                     70
Statutes affected: 
As Introduced: 305.14