Background
Marvin Benson presented the Guernsey County clerk of courts with a document titled “Criminal Complaint and Affidavit Pursuant to R.C. §§ 2935.09 & 2935.10.” After consulting the trial court, the clerk filed the document as a civil case under case number 26CV000175.
Benson sought a writ of mandamus directing the clerk and other respondents to docket and maintain the document under a criminal classification and to remove its civil classification. The respondents did not answer or move in response to the mandamus complaint.
The Court’s Holding
The Fifth District dismissed the complaint for failure to state a claim. It held that R.C. 2935.09 does not give a private citizen a clear legal right to file a self-prepared criminal complaint or impose a corresponding duty on a clerk to accept such a complaint. The statute distinguishes a complaint from an affidavit and permits a private citizen to submit only an affidavit for review to determine whether the prosecuting authority should file a complaint.
The court further held that a clerk’s duty under R.C. 2935.09(D) arises only when an affidavit is presented while the clerk’s office is open outside a reviewing official’s normal business hours. Benson did not allege those circumstances, identify authority requiring a criminal case number or classification, or establish the absence of an adequate legal remedy. He had already raised the classification issue in a direct appeal from dismissal of the civil case.
Key Takeaways
- R.C. 2935.09 does not authorize a private citizen to file a self-prepared criminal complaint.
- A clerk’s duty to receive and forward a private citizen’s affidavit arises only under the limited timing conditions specified in R.C. 2935.09(D).
- Mandamus was unavailable because Benson showed neither a clear legal right nor a clear legal duty, and he had used an adequate remedy through direct appeal.
Why It Matters
The decision limits the use of mandamus to compel court clerks to treat private citizens’ accusations as criminal cases. An affidavit submitted under R.C. 2935.09 initiates official review; it does not itself entitle the filer to open a criminal prosecution or dictate the clerk’s docket classification.