Municipal Court Prosecutors
- Prosecutor: Ben F. Smith
- Assistant Prosecutors:
- Robert Donovan
- Robert Schnatmeier
- Donna Merrell
- Latonia Hines
- Thomas Griner
- Jason Treadaway
- Prosecutors are part-time and appointed by the Mayor of the City. Prosecutors are not available by phone. All communications are conducted in open court and according to the laws and procedures governing such communications.
The Prosecutor is the legal party responsible for presenting the case on behalf of the City against an individual accused of breaking the law. In preparing the case, the Prosecutor will investigate the charges, conduct background review of the accused, research test results, interview witnesses and determines a recommended sentence and fine amount for the Judge's consideration.
Ben F. Smith was appointed Prosecutor on January 8, 2020 to replace Robert Donovan.
In addition to the Prosecutor, Assistant Prosecutors are appointed to assist the Court should the Prosecutor have a conflict with a case or due to absence. The Assistant Prosecutors are paid a per diem rate for their services. Marietta Municipal Court currently has three Assistant Prosecutors.
Attorneys will file many motions on behalf of the accused. Such motions may include Motion for Discovery whereby the defense attorney is requesting copies of all material contained in the Prosecutor's file. Another motion commonly filed is a Plea in Absentia, where the Prosecutor will coordinate through the defense attorney to allow a defendant to plead to the charges along with a sentence recommendation. This type of motion allows the court to complete a case when the defendant is no longer residing in the area and is generally considered for non-serious offenses.