In Re State Ex Rel. Compton, 22597 (7-1-2008)
In Re State Ex Rel. Compton, 22597 (7-1-2008)
Opinion of the Court
{¶ 2} According to Compton's petition, Compton was convicted in May 2003 of unlawful sexual conduct with a minor. The court designated him a sexually oriented offender, and he was required to register with the Montgomery County Sheriff until 2013. Compton states that he has been informed that he has been reclassified as a Tier II sex offender under the new sex offender classification scheme, which was enacted in Senate Bill 10, effective January 1, 2008. As a result of his reclassification, *Page 2
Compton is now required to report for 25 years, i.e., until 2028. Compton asserts that (1) R.C. Chapter
{¶ 3} On February 11, 2008, we issued an order requiring Compton to show cause why his petition for a writ of prohibition should not be dismissed for failure to state a claim for extraordinary relief in prohibition. In our order, we identified several potentially fatal defects in his petition. First, we stated that his petition did not appear to establish that the Montgomery County Sheriff was about to exercise judicial or quasi-judicial power that is unauthorized by law. We noted that the Attorney General, not the Sheriff, determines an offender's new classification as a tier I, tier II, or tier III sex offender. We also indicated that the petition did not assert that the Sheriff was subjecting Compton to community notification requirements or determining Compton's reporting period. In addition, we stated that it appeared that Compton had an adequate remedy at law by means of a declaratory judgment action.
{¶ 4} Compton responded to the show cause order on March 3, 2008. He asserted that the Sheriff was a proper respondent, because his duties are "a part of the exercise of judicial or quasi-judicial power." However, Compton further requested leave to amend his petition to include the Attorney General. Compton further stated that the reclassification was not authorized under the current law because his *Page 3
registration requirements were established by the prior version of R.C. Chapter
{¶ 5} "Prohibition is an extraordinary remedy which is customarily granted with caution and restraint, and is issued only in cases of necessity arising from the inadequacy of other remedies." State ex rel.Henry v. Britt (1981),
{¶ 6} First, we find no indication that either the Sheriff or the Attorney General is exercising judicial or quasi-judicial power with respect to reclassification. As we indicated in our show cause order, judicial or quasi-judicial power is "any power to hear and determine controversies that require a hearing resembling a judicial trial." SeeState ex rel. Bruggeman v. Ingraham,
{¶ 7} Secondly, we reject Compton's assertion that he lacks an adequate remedy at law. An alternative remedy is adequate if it is complete, beneficial, and speedy. State ex rel. Beane v. City ofDayton,
{¶ 8} Upon review, Compton has failed to state a claim for extraordinary relief in prohibition. Because Compton cannot prevail on his request for extraordinary relief, the petition for a writ of prohibition is hereby DISMISSED. *Page 5
SO ORDERED.
WILLIAM H. WOLFF, JR., Presiding Judge
JAMES A. BROGAN, Judge
*Page 1MIKE FAIN, Judge
Case-law data current through December 31, 2025. Source: CourtListener bulk data.