§ 36.10  CERTAIN CHARGES AGAINST MUNICIPAL OFFICERS FILED WITH PROBATE JUDGE; PROCEEDINGS.
   (A)   Generally.
      (1)   When a complaint under oath is filed with the probate judge of the county in which the municipality or the larger part thereof is situated, by any elector of the municipality, signed and approved by four other electors thereof, the judge shall forthwith issue a citation to any person charged in the complaint for his or her appearance before the judge within ten days from the filing thereof, and shall also furnish the accused and the Solicitor or Director of Law with a copy thereof. The complaint shall charge any of the following:
         (a)   That a member of the Legislative Authority has received, directly or indirectly, compensation for his or her services as a member thereof, as a committee person, or otherwise, contrary to law;
         (b)   That a member of the Legislative Authority or an officer of the municipality is or has been interested, directly or indirectly, in the profits of a contract, job, work or service, or is or has been acting as a commissioner, architect, superintendent or engineer in work undertaken or prosecuted by the municipality, contrary to law; or
         (c)   That a member of the Legislative Authority or an officer of the municipality has been guilty of misfeasance or malfeasance in office.
      (2)   Before acting upon the complaint, the judge shall require the party complaining to furnish sufficient security for costs.
(R.C. § 733.72)
   (B)   Appearance of counsel; jury. On the day fixed by the probate judge for the return of the citation issued pursuant to division (A) of this section, the Solicitor or Director of Law shall appear on behalf of the complainant to conduct the prosecution, and the accused may also appear by counsel. A time shall be set for hearing the case, which shall be not more than ten days after the return. If a jury is demanded by either party, the probate judge shall direct the summoning of 12 jurors in the manner provided by R.C. Chapter 2313. If the municipality does not have a Solicitor or Director of Law, or if the Solicitor or Director of Law is accused of any misfeasance or malfeasance in his or her office, the Prosecuting Attorney shall appear on behalf of the complainant to conduct the prosecution.
(R.C. § 733.73) (Rev. 2013)
   (C)   Challenge of jurors. On the day fixed for trial under division (B) of this section, if a jury is impaneled, either party, in addition to the peremptory challenges allowed by law in other cases, may object for good cause to any juror summoned, and vacancies occurring for any cause may be filled by the probate judge from the bystanders until the panel is full, unless the party charged, or the party’s counsel, demands that additional jurors be summoned to fill such vacancy.
(R.C. § 733.74) (Rev. 2013)
   (D)   Proceedings on the trial. On the day designated under division (B) of this section for the trial, the trial shall take place, unless continued on affidavit for good cause to another time not exceeding ten days. On the trial, the Solicitor or Director of Law shall appear for the prosecution, examine witnesses designated by the complainant, and such others as he or she discovers, and either party may have process from the probate judge to compel the attendance of witnesses.
(R.C. § 733.75)
   (E)   Removal of officer if found guilty. If, on the trial, the charges in the complaint mentioned in division (A) of this section are sustained by the verdict of the jury, or by the decision of the probate judge when there is no jury, the judge shall enter the charges and findings thereon upon the record of the court, make an order removing the officer from office, and forthwith transmit a certified copy thereof to the Presiding Officer of the Legislative Authority, whereupon the vacancy shall be filled as provided by law.
(R.C. § 733.76)
   (F)   Payment of costs. The cost and expenses of the trial shall be charged against the party filing the complaint under division (A) of this section, the accused, or the municipality, or apportioned among them, as the probate judge directs, and shall be collected as in other cases. No costs or expenses shall be charged to the accused if he or she is acquitted upon trial. If an appeal on questions of law is instituted by the officer complained of, to reverse or vacate the order of the probate court, the officer shall not exercise the functions of his or her office until the order is finally reversed or vacated.
(R.C. § 733.77) (Rev. 2002)