In re Disqualification of Burge

Summary

The Supreme Court of Ohio considers affidavits seeking the disqualification of Judge James M. Burge under Ohio Revised Code § 2701.03. The court disqualifies Judge Burge from the State v. Jalowiec proceeding because his media comments and failure to respond to certain allegations created an appearance of impropriety, but denies disqualification in the State v. Weber and State v. Fine cases and rejects a blanket order.

Holdings

1. Judge Burge must be disqualified from presiding over State v. Jalowiec because, considering the media statements and his failure to respond to certain allegations, a reasonable and objective observer could harbor serious doubts about his impartiality and perceive an intolerable adversarial atmosphere.
2. Cillo failed to establish grounds for a blanket order disqualifying Judge Burge from all current and future cases in which Cillo appeared as counsel.
3. The affidavits were denied as to State v. Weber and State v. Fine, which could proceed before Judge Burge.

Questions Presented

1. Whether Judge Burge should be disqualified from presiding over State v. Jalowiec because his alleged statement, media comments, and failure to respond to allegations created an appearance of impropriety or suggested a fixed anticipatory judgment.
2. Whether Cillo established grounds for a blanket order disqualifying Judge Burge from all current and future cases in which Cillo appeared as counsel.
3. Whether the allegations warranted disqualification from State v. Weber and State v. Fine.

Disposition

other