Summary
The Ohio Supreme Court granted an affidavit seeking the disqualification of Judge Brian J. Corrigan and all other Cuyahoga County common pleas judges from further proceedings in the case. The court concluded that the plaintiff’s position as a county commissioner and local political connections could cause a reasonable, objective observer to question the judges’ impartiality. The court directed that a retired judge from outside Cuyahoga County be appointed to hear further trial-court proceedings.
Topics
Practice areas
Questions Presented
- Whether the affidavit established grounds to disqualify Judge Brian J. Corrigan and the other Cuyahoga County common pleas judges based on the appearance of impropriety.
- Whether the defendants' delay in filing the affidavit barred disqualification.
Holdings
- Disqualification was warranted because Hagan's position as a county commissioner, leadership role in local politics, and influence over court funding could cause a reasonable and objective observer to harbor serious doubts about the impartiality of any Cuyahoga County common pleas judge.
- The delay did not bar relief because no substantive rulings had been issued, Judge Corrigan had only recently been assigned, and the concern about eliminating the appearance of impropriety outweighed the tardiness.
Key quotations
“A judge should step aside or be removed if a reasonable and objective observer would harbor serious doubts about the judge’s impartiality.” (¶ 8)
“The law requires not only an impartial judge but also one who appears to the parties and the public to be impartial.” (¶ 11)
Factual background
Timothy Hagan, a plaintiff in the underlying action, was president of the Cuyahoga County Board of County Commissioners and had authority over fiscal matters affecting the county common pleas court and its judges. Hagan was also a former county political-party chairman and county recorder with significant local political connections. Three Cuyahoga County judges had already recused themselves, although no evidence showed that Judge Corrigan had acted with actual bias or prejudice.
Procedural history
The underlying action was pending in the Cuyahoga County Court of Common Pleas. Three Cuyahoga County judges had recused themselves, and Judge Brian J. Corrigan had been assigned to the case but had not issued substantive rulings or met with counsel. The Supreme Court of Ohio granted the affidavit of disqualification and stated that it would appoint a retired judge from outside Cuyahoga County for further proceedings.
Remand instructions
A retired judge from outside Cuyahoga County is to be appointed to hear any further proceedings in the trial court; the appointment was to be addressed in a separate entry.