In re Disqualification of Baronzzi
135 Ohio St. 3d 1212
| Ohio | 2012Background
- Carinci filed an affidavit under R.C. 2701.03 seeking Judge Baronzzi's disqualification in Columbiana County Juvenile Court case C2006-0067.
- Allegations cluster around four areas: C.S.'s relationship with a friend of Baronzzi, off-record disparaging comments, attempts to co-counsel by pressuring discovery, and a biased August 6, 2012 entry.
- Baronzzi responded denying bias and acknowledging frustration with E.E.'s discovery responses.
- The affiant bears the burden to provide specific allegations and supporting evidence beyond the affidavit; the record lacked corroborating third-party evidence.
- Baronzzi's August 6 entry referenced E.E.'s tattoos and lifestyle to imply higher income; the judge stated he reserved judgment on income until final hearing.
- The court denied the affidavit of disqualification and held the case may proceed before Baronzzi.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether alleged friendship creates disqualification. | Carinci argues relationship shows bias. | Baronzzi contends no disqualifying prejudice; friendship is speculative. | Not disqualified; friendship alone insufficient. |
| Whether off-record comments demonstrate bias. | Carinci alleges disparaging statements reflect prejudice. | Baronzzi denies making remarks or asserts they are unsubstantiated. | Not disqualified; lack of substantiation and denial prevail. |
| Whether alleged 'co-counseling' pressure requires disqualification. | Carinci claims coercive behavior to obtain more discovery. | Judge denies coercion and cites frustration with discovery. | Not disqualified; insufficient evidence of bias. |
| Whether August 6, 2012 entry shows fixed anticipatory judgment. | Entry demonstrates pre-judgment about income and credibility. | Judge reserved final earnings determinations; entries were not a fixed judgment. | Not disqualified; conditional opinions permitted pending final hearing. |
| Overall standard for disqualification based on affidavit evidence. | Affidavit supports bias claims needing removal. | Affiant's evidence is vague/unsubstantiated; presumption favors judge's impartiality. | Disqualification denied; extraordinary remedy not warranted on record. |
Key Cases Cited
- In re Disqualification of Bressler, 81 Ohio St.3d 1215 (1997) (mere friendship with a friend of a party not disqualifying)
- In re Disqualification of Corrigan, 105 Ohio St.3d 1243 (2004) (evidence required beyond affidavit to show bias; conflicting stories affect outcome)
- In re Disqualification of Crow, 91 Ohio St.3d 1209 (2000) (general allegations without support insufficient)
- In re Disqualification of Walker, 36 Ohio St.3d 606 (1988) (vague, unsubstantiated allegations insufficient for bias finding)
- In re Disqualification of Synenberg, 127 Ohio St.3d 1220 (2009) (appearance of bias requires compelling evidence to overcome presumption of fairness)