Summary
This Ohio Supreme Court order addresses an affidavit of disqualification filed by counsel against Judge Alison Floyd regarding alleged ex parte communications and potential conflicts of interest in a juvenile delinquency proceeding. The Chief Justice notes that while trial courts have wide discretion to supervise attorneys, the unchallenged sworn allegations of the judge initiating substantive ex parte discussions create an appearance of impropriety. Consequently, the court orders Judge Floyd disqualified from further participation in the case and remands it for reassignment to another judge.
Topics
Practice areas
Questions Presented
- Whether Judge Floyd’s ex parte communication creates an appearance of bias that requires her disqualification
- Whether the trial court’s discretion to supervise counsel can be exercised in a manner that avoids the appearance of impropriety
Holdings
- The ex parte communication and unchallenged statements constitute an appearance of bias and impropriety, requiring Judge Floyd’s removal from the proceedings.
Key quotations
“‘Next in importance to the duty of rendering a righteous judgment is that of doing it in such a manner as will beget no suspicion of the fairness or integrity of the judge.’” (1217)
Factual background
The juvenile D.Z. was charged with 27 counts of rape. Counsel Colleen M. O’Toole represented the juvenile in the delinquency proceeding and also represented the juvenile’s father in a related dependency proceeding. Judge Floyd allegedly called counsel ex parte on December 24, 2002, telling her to withdraw and refusing to consider any motion, raising a conflict‑of‑interest claim. The judge did not refute the affidavit’s statements.
Procedural history
The Ohio Supreme Court reviewed an affidavit filed by counsel seeking the disqualification of Judge Alison Floyd after an alleged ex parte phone call in which the judge instructed counsel to withdraw. The lower juvenile court had not held a hearing on the disqualification. The Supreme Court considered whether the judge's conduct warranted removal.
Remand instructions
The case is returned to the Administrative Judge of the Cuyahoga County Juvenile Court for reassignment to another judge of that court.