Summary
The Supreme Court of Ohio denied an affidavit of disqualification filed by counsel for Medical Protective Company, Inc., seeking to remove retired Judge Guy L. Reece II from presiding over a declaratory judgment action regarding medical malpractice insurance coverage. The court struck a responsive affidavit filed by a non-party former attorney as procedurally improper and held that the affiant forfeited arguments regarding judicial comments made months earlier by failing to file the disqualification request promptly. After reviewing allegations of ex parte communications, adverse rulings, and courtroom conduct, the court concluded that these factors did not create an appearance of bias sufficient to warrant disqualification under R.C. 2701.03.
Topics
Practice areas
Questions Presented
- Whether a non‑party, counsel for a party, or the judge himself may file an affidavit of disqualification in support of or in response to a judge’s disqualification proceeding
- Whether the affiant forfeited his bias claim by untimely filing the affidavit of disqualification
- Whether the alleged bias and ex‑parte communications create an appearance of bias sufficient to disqualify the judge
Holdings
- Such persons may not file their own affidavit; only a party or that party’s counsel may file an affidavit of disqualification.
- The affidavit was filed too late; the affiant forfeited the bias argument.
- The alleged conduct does not rise to the level of disqualifying bias; the affidavit of disqualification is denied.
Key quotations
““Bias or prejudice on the part of a judge will not be presumed. In fact, the law presumes that a judge is unbiased and unprejudiced in the matters over which he presides, and bias or prejudice must be strong enough to overcome the presumption of his integrity.”” (¶ 25)
““Nothing in the statute or our Rules of Practice permit someone who is not a party to the underlying case, counsel for a party to the case, or the judge presiding over the case to file his or her own affidavit in support of or in response to an affidavit of disqualification.”” (¶ 16)
Factual background
Attorney Richard D. Porotsky filed an affidavit seeking to disqualify retired Judge Guy L. Reece II, alleging bias based on the judge's questioning and alleged ex‑parte communications. Former attorney Eric Deters filed a responsive affidavit, which the court stricken. The underlying malpractice action involved Medical Protective Company seeking a declaratory judgment against Dr. Abubakar Atiq Durrani.
Procedural history
The parties filed affidavits of disqualification in the Hamilton County Court of Common Pleas, General Division (Case No. A2304696). The Supreme Court of Ohio reviewed the disqualification proceeding and denied the affidavit.