AFF Ohio, L.L.C. v. Stark Ceramics, Inc.
983 N.E.2d 356
Ohio2012Background
- Affiants seek to disqualify Judge Frank G. Forchione from case 2011-CV-04114 in Stark County Common Pleas.
- Plaintiff holds a judgment lien and UCC security interest that followed a bankruptcy by Stark Ceramics.
- Affidavits allege bias, prejudice, and appearance of impropriety due to local ties and mediation conduct.
- Judge Forchione mediated the dispute and held hearings on motions related to the injunction and second amended complaint.
- Affidavits were amended; new in-chambers allegations were deemed untimely and waived; the court assesses bias under governing standards.
- Underlying dispute involves environmental hazards and potential sale of property to cover cleanup, with EPA concerns noted
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether new allegations in the amended affidavit were timely and waived | Heben amended to review transcripts and raise bias | Amended allegations were untimely, waived | Waived; new allegations not timely under waiver rule |
| Whether there is any appearance of bias or special relationship with Callas | Special relationship with judge existed; bias shown | No evidence of a special relationship; statements rebutted | No appearance of impropriety; no special relationship established |
| Whether mediation conduct or conditional opinions show bias | Judge coerced settlement and indicated unfavorable outcomes | Mediation discussions are appropriate; conditional opinions permissible | Mediation conduct and conditional opinions do not establish bias |
| Whether statements about the scope of the lien or announcements of sanctions indicate bias | Judge’s statements show bias against plaintiff | Statements were part of mediation facilitation; not evidence of bias | Not sufficient to disqualify; no bias demonstrated |
| Whether conduct at the June hearings shows hostility toward plaintiff | Judge allegedly sanctioned and verbally attacked plaintiff | Affidavit lacks specific transcript citations; warnings directed at all counsel | Insufficient evidence of bias; not grounds for disqualification |
Key Cases Cited
- In re Disqualification of O’Grady, 77 Ohio St.3d 1240 (1996) (timeliness and waiver of disqualification claims; standard of review)
- In re Disqualification of Lucci, 117 Ohio St.3d 1242 (2006) (appearance of impropriety standard; objective observer test)
- In re Disqualification of Brown, 74 Ohio St.3d 1250 (1993) (formation of conditional opinions; not disqualifying absent fixed bias)
- In re Disqualification of Solovan, 100 Ohio St.3d 1214 (2003) (judge’s preliminary opinions; not enough to counter fair decision)