In re Disqualification of Carr

Summary

The Supreme Court of Ohio denied JoAnn Jacobson-Kirsch’s affidavit seeking to disqualify Ninth District Court of Appeals Judge Donna J. Carr. The court held that the objection was waived because it was not timely filed and, alternatively, that prior rulings involving the parties, speculation about recusals, and related allegations did not establish actual bias undermining the fairness and integrity of the proceedings.

Holdings

1. Jacobson-Kirsch waived her objection to Judge Carr because she waited until after the court of appeals issued its final decision and failed to establish that the affidavit was filed as soon as possible after learning of the facts supporting the claim.
2. Even absent waiver, Jacobson-Kirsch failed to establish grounds for disqualification because prior proceedings involving the parties, the recusal of other judges, and vague or speculative allegations did not demonstrate actual bias undermining the fairness and integrity of the proceedings.

Questions Presented

1. Whether Jacobson-Kirsch waived her right to seek Judge Carr's disqualification by waiting until after the court of appeals issued its final decision to file the affidavit.
2. Whether alleged prior rulings involving the parties, the recusal of trial judges, and unsupported allegations of bias established sufficient grounds to disqualify Judge Carr while a motion for reconsideration was pending.

Disposition

writ_denied