State v. Church

Summary

The Fifth District Court of Appeals of Ohio dismissed William D. Church's appeal from the denial of his motion for the trial judge to recuse himself. The court held that the trial court lacked jurisdiction to decide the recusal motion and that an affidavit of disqualification filed with the Ohio Supreme Court is the exclusive means of seeking judicial disqualification under Ohio law.

Holdings

1. A trial court judge's denial of a motion to recuse is not an appealable order.
2. The court of appeals lacked jurisdiction to address Church's assignment of error because the common pleas court lacked jurisdiction to act on the recusal motion.

Questions Presented

1. Whether a common pleas judge's denial of a motion for recusal is an appealable order.
2. Whether the court of appeals had jurisdiction to review the denial of Church's recusal motion.

Disposition

dismissed