Ohio Revised Code

Ohio Rev. Code § 2101.39 (2026)

Affidavit of disqualification

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If a probate judge allegedly has a bias or prejudice for or against a party or a party's counsel in a proceeding pending before the judge, allegedly otherwise is interested in a proceeding pending before the judge, or allegedly is disqualified to preside in the proceeding and if the bias, prejudice, interest, or disqualification does not permit or require certification of the proceeding to the court of common pleas as provided by section 2101.38 of the Revised Code, any party to the proceeding or the party's counsel may file an affidavit of disqualification with the clerk of the supreme court. The affidavit of disqualification shall be filed and decided in accordance with divisions (B) to (E) of section 2701.03 of the Revised Code, and, upon the filing of the affidavit, the provisions of those divisions apply to the affidavit, the proceeding, the judge, and the parties to the proceeding.

Notes of Decisions
Cited in 20 cases (7 in the last 5 years), 1963–2025 · leading case: In re Disqualification of Park, 2024-Ohio-3184, 242 N.E.3d 59.
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In re Disqualification of Park, 2024-Ohio-3184, 242 N.E.3d 59. · cites it 15× “] Judges—Affidavits of disqualification—R.C. 2101.39—R.C. 2701.03—Affiant failed to demonstrate that probate-court judge is disqualified for allegedly engaging in improper ex parte communications and making false statements—Disqualification denied.”
Best Motors, L.L.C. v. Kaba, 2025-Ohio-640. · cites it 2× “03(B) provides that “[a]n affidavit of disqualification filed under section 2101.39, 2501.13, 2701.031, or 2743.”
Holmes Cnty. Bd. of Commissioners v. McDowell, 862 N.E.2d 136 (Ohio Ct. App. 5th Dist. 2006). · cites it 2× “{¶ 13} “(B) An affidavit of disqualification filed under section 2101.39 or 2501.13 of the Revised Code or division (A) of this section shall be filed with the clerk of the supreme court not less than seven calendar days before the day on which the next hearing in the proceeding…”
In re C.S., 2023-Ohio-3754. · cites it 2× “(B) An affidavit of disqualification filed under section 2101.39, 2501.13, 2701.031, or 2743.”
Schucker v. Metcalf, 488 N.E.2d 210 (Ohio 1986). “See R.C. 2101.39 (probate court judges), R.C.”
In re Disqualification of Hoover, 863 N.E.2d 634 (Ohio 2006). “Harmon — counsel for a daughter of the ward listed in the caption above — has filed an affidavit with the clerk of this court under R.C. 2101.39 and 2701.03, seeking the disqualification of Judge Robert Hoover from acting on any further proceedings in case No.”
City of Avon Lake v. Romes, 826 N.E.2d 305 (Ohio 2004). “Phillips — on behalf of the defendants — has filed an affidavit with the Clerk of this court under R.C. 2101.39 and 2701.03 seeking the disqualification of Judge Frank J.”
Guardianship & Prot. Servs., Inc. v. Setinsek, 2013-Ohio-4464, 996 N.E.2d 939. “{¶ 1} Rudolph Setinsek and his attorney, David Engler, have filed affidavits with the clerk of this court under R.C. 2101.39 and 2701.03 seeking to disqualify Judge Thomas A.”
In re Disqualification of Bartolotta, 2016-Ohio-8585, 74 N.E.3d 443. “{¶ 1} Yolanda Andolsek has filed two affidavits with the clerk of this court under R.C. 2101.39 and 2701.03 seeking to disqualify Judge Mark Bartolotta from presiding over any further proceedings in the administration of her father’s estate.”
In re Disqualification of Skaggs, 2024-Ohio-6174, 258 N.E.3d 418. · cites it 8× “] Judges—Affidavits of disqualification—R.C. 2101.39—R.C. 2701.03—Judge’s questioning of affiant concerning child’s welfare during child-custody and neglect proceedings does not, by itself, support judge’s disqualification— Judge’s disqualification not required merely because he…”
In re Disqualification of Hejmanowski & Chamberlain, 2024-Ohio-4477, 244 N.E.3d 32. · cites it 8× “] Judges—Affidavits of disqualification—R.C. 2101.39 and 2701.03—Affiant has failed to present any evidence that one of the judges he challenges is assigned to preside in underlying case or that the other judge he challenges currently has a conflict of interest in underlying…”
In re Est. of DePalma, 2017-Ohio-397. “R.C. 2101.39 ("If a probate judge allegedly has a bias or prejudice for or against a party * * * any party to the proceeding or the party's counsel may file an affidavit of disqualification with the clerk of the supreme court.”
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