MARION — While Republican Ray Grogan, who was appointed county prosecutor by the local Republican Party last October, hopes he has earned the trust and support of voters, his challenger Democrat Jeff Ratliff, a local criminal defense attorney, believes Grogan has proven the need for new leadership in the office.

Both candidates say they want a "tough" prosecutor's office that holds violent criminals and drug dealers accountable, but they disagree over who is more qualified and who has the skills to do that job.

They have a similar number of years as attorneys, with both of them entering law in 2008. Grogan, 35, spent three years as an assistant Marion County prosecutor and was a law professor for a short stint before he was appointed county prosecutor in late October 2017 after his predecessor Brent Yager died while in office.

Ratliff, 38, has about a decade of legal experience, working primarily as a criminal defense attorney at his father's law practice. He said he has argued cases before the Ohio Supreme Court, Ohio appellate courts and in numerous courthouses around the state.

Grogan tells voters that in the 10 months he has been in office, he has fulfilled his promise to hold criminals accountable, pointing to murder, drug trafficking and child rape cases where his office has obtained convictions and prison sentences.

"I'm proud of my record in obtaining convictions for violent offenders, and I'm going to continue to do that as county prosecutor," he said.

Grogan's efforts earned him the endorsement of Marion Sheriff Tim Bailey, a Democrat.

For his part, Ratliff said he wants to make the prosecutor's office more organized and effective.

During his campaign, he pointed to prosecutor errors that have resulted in dismissed cases. He also criticized the prosecutor's office for "rushing to indictment," leading to criminal cases being dismissed for lack of evidence.

"Especially when you have a high-profile case," he said, "in order to indict those cases, ... you need to have all the evidence in and the case ready to be presented at that time."

The Star reviewed all criminal cases that were filed during the first six months of this year. About 215 of those cases were closed, and of those closed cases, one in five — or around 45 — had been dismissed.

Cases can be dismissed for a number of reasons. One of the roughly 45 cases was dismissed because federal prosecutors decided to pursue the case in U.S. District Court.

Some were dismissed because the defendant pleaded guilty in a separate criminal case against him. Some were dismissed because a key witness was reluctant to testify or stopped cooperating with prosecutors (a common problem in domestic violence cases).

Others were dismissed because prosecutors needed more evidence before they could take the case to trial. Some of those dismissed cases have been re-indicted, while others have not.

Ratliff says that is a problem. He says a prosecutor needs to know when to indict right away and when to wait for more evidence.

When asked whether his office was doing anything to prevent instances where a case is indicted and then later dismissed for further investigation, Grogan said, "My staff works hard to evaluate those cases and investigate them as they come through. On occasion if a case needs further investigation, then that's just how it needs to happen."

Grogan pointed to his overall record, saying a large majority of his cases result in guilty pleas, with four of his cases in the last 10 months resulting in a life sentence or possible life sentence.

What they'll do about the issues

One of the major issues facing whoever comes out victor in the prosecutor race is the opioid epidemic.

If elected, Ratliff said he would use tools at his disposal to compel drug users to seek treatment.

Ratliff said he wants to look into implementing a prosecutorial diversion program, which would give low-level offenders the opportunity to dismiss their criminal case if they follow a plan to address underlying issues that may be driving their criminal behavior, such as drug use or mental health issues.

"It is one resource that is not being used that is available," he said. "We can agree or disagree on whether these things do or don't work. The message is you have to avail yourself of all resources and then see what's working and what's not working."

There was a diversion program for a time under Yager, the former prosecutor, but it was ended last year.

Ratliff said he also wanted to compel drug users to seek treatment by using a law that allows prosecutors to charge overdose victims if they don't seek treatment within 30 days of the overdosing.

"They actually give the letters to the people at the hospital" in other counties, Ratliff said. "All we've been doing is sending them on their way. We've been using (the overdose-reversing drug) Narcan on them, and we don't know if these people have gotten treatment."

For his part, Grogan said that he does not anticipate bringing a diversion officer into the office in the near future.

Grogan said he would attack the opioid epidemic on the supply side by prosecuting drug dealers. The criminal justice system, on a whole, he said, plays a role in addressing the demand side of the epidemic.

"Many people who are addicted to opiates, their first introduction to treatment is through the criminal justice system, and I think the criminal justice system can in some ways assist people through treatment," he said.

Another big campaign issues before the two candidates is tax foreclosure. County officials have been criticized in recent years for allowing unpaid property taxes to mushroom unchecked, with some property owners racking up tens of thousands of dollars in unpaid property taxes, tax revenue that would otherwise go to schools and firefighters.

Grogan has pointed to his office's efforts in pursuing tax foreclosures on homeowners who are years behind in property taxes. He said his office has filed for tax foreclosure on more than 160 parcels and has brought in more than $300,000 in back taxes from sheriff's sales since Nov. 1.

He expects that dollar figure to rise as those cases make their way through the court system, which typically takes months.

More than 300 property owners are currently on payment plans for back taxes, plans arranged through the prosecutor's office, he said.

Meanwhile, Ratliff said he wants to create a unit of four or five special prosecutors to focus solely on tax foreclosures and speed up proceedings against delinquent properties.

Ratliff said he didn't think it was possible to catch up on millions of dollars worth of delinquent property taxes without expanding the office.

Meanwhile, the staff at the prosecutor's office would ensure that taxes are continuing to be paid.

There are certain points on which the candidates can agree. They both are opposed to Ohio Issue 1, which would make low-level felony drug possession charges into misdemeanors.

They both say that, if elected, they want to be responsive to the county's 15 townships, for which the county prosecutor is legal adviser.

The winner of November's election will serve the remaining two years of Yager's four-year term.

The Marion County prosecutor would be paid $140,638 in 2019. The Ohio legislature sets the county prosecutor's salary.

Election Day is Nov. 6. Early voters can cast their ballot in person at the Marion County Board of Elections, 222 W. Center St., Marion.


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Listed alphabetically


Age: 35

Party Affiliation: Republican

Incumbent: Yes

Occupation: Marion County Prosecutor

Education: B.A. SUNY Cortland; J.D., Ohio Northern University


Age: 38

Party Affiliation: Democrat

Incumbent: No

Occupation: Attorney

Education: 2004 Graduate, The Ohio State University; 2008 Graduate, Capital University Law School

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