If a judge of the court of appeals allegedly is interested in a proceeding pending before the court in a county of the judge's district, allegedly is related to or has a bias or prejudice for or against a party to a proceeding pending before the court or a party's counsel, allegedly presided in the lower court in the same proceeding, or allegedly otherwise is disqualified to preside in a proceeding pending before the court, 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 23
cases (1 in the last 5 years), 1955–2022 · leading case: State v. Osie (Slip Opinion), 2014 Ohio 2966 (Ohio 2014).
State v. Osie (Slip Opinion), 2014 Ohio 2966 (Ohio 2014). · cites it 2דCiting Beer and Article IV, Section 5(C), we held: “Under R.C. 2501.13, when a party believes that a judge of the court of appeals is biased, the proper avenue for redress is filing an affidavit of 16 January Term, 2014 disqualification with this court.”
State v. Moore, 2001 Ohio 1892 (Ohio 2001). · cites it 2דThe cause is now before this court upon an appeal as of right. Moore raises six issues in this appeal.”
State v. Rogers, 478 N.E.2d 984 (Ohio 1985). “” It must first be noted that Section 5(C), Article IV of the Ohio Con *186 stitution and R.C. 2501.13 provide a procedure for answering questions regarding the disqualification of a judge from a case.”
Disciplinary Couns. v. Shimko, 2012 Ohio 5694 (Ohio 2012). · cites it 2דR.C. 2501.13 (appellate judges), 2701.03 (common pleas judges), 2101.”
Schucker v. Metcalf, 488 N.E.2d 210 (Ohio 1986). “39 (probate court judges), R.C. 2501.13 (appeals court judges), R.C.”
Leslie v. Ohio Dep't of Dev., 885 N.E.2d 246 (Ohio 2006). “Leslie has filed an affidavit with the Clerk of this court under R.C. 2501.13 seeking the disqualification of Judges Bryant, French, Klatt, and Travis from acting on any further proceedings in case No.”
State v. Ross, 826 N.E.2d 294 (Ohio 2004). “{¶ 1} Attorneys Lawrence Whitney, Max Kravitz, and David Chesnoff filed an affidavit on May 3, 2004, with the Clerk of this court, under R.C. 2501.13, seeking *1234 the disqualification of Judge Donna Carr from acting on any further proceedings in State v.”
Byrd v. Ohio Inspector Gen., 2022 Ohio 1827 (Ohio Ct. App. 2022). “Nor has appellant indicated that he pursued the filing of affidavits of disqualification pursuant to R.C. 2501.13, 2701.03, S.Ct.Prac.R. 21.01 through 21.”
In re Disqualification of Donofrio, 2012 Ohio 6338 (Ohio 2012). “{¶ 1} Petitioner Arvind Patel has filed an affidavit with the clerk of this court under R.C. 2501.13 and 2701.03 seeking to disqualify Judge Gene Donofrio, Judge Joseph J.”
Grimes v. Oviatt, 2017 Ohio 2840 (Ohio 2017). · cites it 2דSelwyn, have filed an affidavit with the clerk of this court under R.C. 2501.13 and 2701.03 seeking to disqualify the judges of the Eighth District Court of Appeals from deciding the above-captioned case.”
State v. Mcintyre (In re Schafer), 120 N.E.3d 852 (Ohio 2018). “, filed an affidavit with the clerk of this court pursuant to R.C. 2501.13 and 2701.03 seeking to disqualify Judge Donna J.”
Mack Trucks, Inc. v. Motor Veh. Dealers Bd., 2016 Ohio 8571 (Ohio 2016). · cites it 2ד, has filed an affidavit with the clerk of this court under R.C. 2501.13 and 2701.03 seeking to disqualify Judge Susan Brown and Judge Patrick McGrath, who is now retired, from the above-captioned case.”
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