Summary
The Ohio Supreme Court denied an affidavit seeking the disqualification of Judge Anthony O. Calabrese Jr. from further proceedings in State v. Nawash. The court held that the alleged ex parte encounter was unsupported by evidence and that the judge's comments at a bail hearing did not establish bias warranting disqualification.
Topics
Practice areas
Questions Presented
- Whether an alleged ex parte encounter between the judge and prosecutors warranted judicial disqualification.
- Whether the judge's comments during the bail hearing demonstrated bias sufficient to warrant judicial disqualification.
Holdings
- An alleged ex parte communication does not warrant disqualification absent proof that the communication was initiated by the judge or addressed substantive matters in the pending case, together with allegations supported by more than hearsay. Because the affidavit offered only speculation and the judge denied that any conversation occurred, disqualification was not warranted.
- Disqualification was not warranted based on the judge's bail-hearing comments where the affiant provided no transcript or other evidence showing the context of the remarks, the judge denied bias, and the judge explained that the comments responded to an argument concerning retention of the defendant's passport.
Key quotations
“So as far as the defendant was traveling in and out of the country, I’m not so sure that anybody would be able to say with certainty as to someone’s whereabouts, especially in view of the events in the last year in this country.” (¶ 4)
Factual background
Before a scheduled pretrial conference, Judge Calabrese briefly encountered prosecutors; he stated that the encounter was inadvertent, lasted only seconds, and involved no conversation. At a bail hearing, he commented on the difficulty of ensuring a defendant's appearance when people travel in and out of the country, referring to a prior defendant who had fled after receiving permission to arrange his affairs. Nawash's counsel argued that the comments demonstrated bias against Nawash, who was of Arab-American descent, but provided no transcript or other evidence establishing the context of the remarks.
Procedural history
Counsel for defendant Saleh Nawash filed an affidavit seeking to disqualify Judge Calabrese based on an alleged ex parte communication with prosecutors and comments made during a bail hearing. The Chief Justice rejected both grounds and denied the affidavit, directing that the case proceed before Judge Calabrese.
Remand instructions
The case shall proceed before Judge Calabrese.