In re Disqualification of Grendell, 999 N.E.2d 681 (Ohio 2013). · Go Syfert
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In re Disqualification of Grendell, 999 N.E.2d 681 (Ohio 2013). Cases Citing This Book View Copy Cite
21 citation events (21 in the last 25 years) across 1 distinct court.
Strongest positive: In re Disqualification of Bruns (ohio, 2024-03-05)
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015 2020 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) In re Disqualification of Bruns
Ohio · 2024 · confidence medium
Chief justices “have ‘strictly enforced’ this statutory language and have consistently found that ‘individuals who do not qualify as a “party” or “party’s counsel” do not have standing to file an affidavit of disqualification.’ ” Gallagher at ¶ 26, quoting In re Disqualification of Grendell, 137 Ohio St.3d 1220, 2013- Ohio-5243, 999 N.E.2d 681, ¶ 2; see also In re Disqualification of Leach, __ Ohio St.3d __, 2023-Ohio-4776, __ N.E.3d __, ¶ 4.
discussed Cited as authority (rule) State v. Brown
Ohio · 2016 · confidence medium
See In re Disqualification of Baronzzi, 135 Ohio St.3d 1212 , 2012-Ohio-6341 , 985 N.E.2d 494, ¶ 8 (affiant’s “vague and unsubstantiated allegations—especially in the face of clear denials by Judge Baronzzi—are insufficient to overcome the presumption that Judge Baronzzi is fair and impartial”); In re Disqualification of Harwood, 137 Ohio St.3d 1221 , 2013-Ohio-5256 , 999 N.E.2d 681, ¶ 7 (“Given the conflicting evidence in the record—and [the affiant’s] failure to substantiate her allegations with third-party affidavits or other evidence—[the affiant] has failed to set fort…
cited Cited "see" State v. Protzman
Ohio · 2017 · signal: see · confidence high
See In re Disqualification of Harwood, 137 Ohio St.3d 1221 , 2013-Ohio-5256 , 999 N.E.2d 681, ¶ 5 . {¶ 6} The affidavit of disqualification is denied.
discussed Cited "see, e.g." In re Hendon
Ohio · 2018 · signal: see, e.g. · confidence low
See, e.g. , In re Disqualification of Harwood, 137 Ohio St.3d 1221 , 2013-Ohio-5256 , 999 N.E.2d 681 , ¶ 7 ("Given the conflicting evidence in the record-and [the affiant's] failure to substantiate her allegations with third-party affidavits or other evidence-[the affiant] has failed to set forth sufficiently compelling evidence to overcome the presumption that Judge Harwood is fair and impartial"); In re Disqualification of Swenski , 139 Ohio St.3d 1232 , 2014-Ohio-2599 , 11 N.E.3d 1187 , ¶ 10 ("[the affiant's] unsubstantiated allegations-especially in the face of the conflicting facts pres…
cited Cited "see, e.g." Fries v. Greg G. Wright & Sons, L.L.C.
Ohio · 2016 · signal: see, e.g. · confidence low
See, e.g., In re Disqualification of Harwood, 137 Ohio St.3d 1221 , 2013-Ohio-5256 , 999 N.E.2d 681, ¶ 5 . {¶ 6} The affidavit of disqualification is therefore denied.
Retrieving the full opinion text from the archive…
In Re Disqualification of Grendell. in Re R.S.
13-AP-098.
Ohio Supreme Court.
Oct 8, 2013.
999 N.E.2d 681
O'Connor.
Cited by 11 opinions  |  Published
O’Connor, C.J.

{¶ 1} Carol Catalano has filed an affidavit with the clerk of this court under R.C. 2701.03 seeking to disqualify Judge Timothy J. Grendell from presiding over any further proceedings in case No. 13-JF-000284, a child-neglect case pending in the Juvenile Division of the Court of Common Pleas of Geauga County.

{¶ 2} Catalano is the maternal grandmother of R.S. and claims that Judge Grendell has shown favoritism towards the paternal grandparents. However, according to Catalano’s affidavit, Judge Grendell denied Catalano’s motion to intervene in the underlying case, concluding that she has no standing in the matter. Under R.C. 2701.03(A), an affidavit to disqualify a judge may be filed by “any party to the proceeding or the party’s counsel.” In previous affidavit-of-disqualification cases, the chief justice has strictly enforced this statutory requirement and consistently found that individuals who do not qualify as a “party” or “party’s counsel” do not have standing to file an affidavit of disqualification. See, e.g., In re Disqualification of Cleary, 74 Ohio St.3d 1225, 657 N.E.2d 1337 (1990); In re Disqualification of Haas, 74 Ohio St.3d 1217, 657 N.E.2d 1331 (1990).

{¶ 3} Because Catalano has not demonstrated that she is a party to the underlying case, she is not one of the persons who may file an affidavit of disqualification.

{¶ 4} Accordingly, Catalano’s affidavit of disqualification is dismissed. The case may proceed before Judge Grendell.