AG Yost: Issued Opinion No. 2025-022

Today, Attorney General Yost issued Opinion No. 2025-022 in response to a request from the Honorable David D. Hayes, Greene County Prosecutor. The opinion attached relates to the authority of judges of the court of common pleas to issue warrants for electronically stored communications under 18 U.S.C. §2703. The Attorney General concludes that:

1. The Domestic-Relations Division and Juvenile Division of the Greene County Court of Common Pleas qualify as courts of competent jurisdiction to issue warrants for stored electronic communications.

2. The Probate Division of the Greene County Court of Common Pleas lacks general criminal jurisdiction.  Consequently, the probate division is not a court of competent jurisdiction to issue such warrants, although the probate judge may issue search warrants under state law.

3. If the business of the court requires it, Rule 3.01(B) of the Rules of Superintendence for the Courts of Ohio allows the presiding judge of the Greene County Court of Common Pleas to temporarily assign the probate judge to the general division in order to issue a warrant under 18 U.S.C. §2703. 

Please let me know if you have any questions.

Lindsay

Lindsay Kuhn Carr Regional DirectorOffice of Ohio Attorney General Dave YostDirect: 216-346-0617Lindsay.Carr@OhioAGO.gov