Wilkerson v. Wilkerson

110 Ohio St. 3d 1213 (Ohio 2005) · Supreme Court of Ohio · May 4, 2005

Summary

The Supreme Court of Ohio denies Chun Cha Wilkerson's affidavit seeking the disqualification of Butler County Domestic Relations Judge Eva D. Kessler. The court holds that a party's support for a judge's electoral opponent, without additional evidence of bias or prejudice, is insufficient to warrant disqualification.

Holdings

  1. A party's or lawyer's campaigning for or against a judge is not, by itself, grounds for disqualification. Disqualification is unwarranted absent an additional reason supporting a claim of bias or prejudice.

Questions Presented

  1. Whether a party's public support for a judge's election opponent, without additional evidence of bias or prejudice, requires the judge's disqualification.

Disposition

writ_denied

Cases Cited (4)

  • In re Disqualification of Cleary, 77 Ohio St. 3d 1246, 1247, 674 N.E.2d 357 (1996)(followed)
  • Pierce v. Charity Hosp. of Louisiana at New Orleans, 550 So. 2d 211, 214-215 (La. App. 1989)(persuasive)
  • McDermott v. Grossman, 429 So. 2d 393 (Fla. App. 1983)(persuasive)
  • In re Disqualification of George, 100 Ohio St. 3d 1241, 2003-Ohio-5489, 798 N.E.2d 23, ¶ 5(followed)

Cited In (0)

No citing cases on record yet.

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