In re Disqualification of Carr, 2013 Ohio 5927

Appellant JoAnn Jacobson-Kirsch filed an affidavit under R.C. 2701.03 and 2501.13 seeking to disqualify Ninth District Judge Donna J. Carr from further proceedings on Jacobson‑Kirsch’s application for reconsideration of the court of appeals’ final decision in case No. 26708.
Underlying dispute: Jacobson‑Kirsch sued Ellen C. Kaforey (her former court‑appointed conservator) for allegedly interfering with parental custody rights.
Jacobson‑Kirsch alleged Judge Carr displayed bias favoring Kaforey based on Judge Carr’s prior participation in 2002 and 2004 appeals involving the same parties and outcomes unfavorable to Jacobson‑Kirsch.
Jacobson‑Kirsch also pointed to the fact that Summit County trial judges had recused themselves from the matter and suggested Kaforey’s prominence created bias concerns, without offering direct evidence linking that to Judge Carr.
The Supreme Court of Ohio denied the disqualification affidavit, finding Jacobson‑Kirsch waived timely objection and, alternatively, failed to prove actual bias sufficient to disqualify an appellate judge at the post‑final‑decision/reconsideration stage.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness / waiver of affidavit	Jacobson‑Kirsch argued bias based on prior appeals Judge Carr participated in; filed affidavit after final decision.	Judge Carr (and court) argued affidavit was not filed promptly and affiant bears burden to show timeliness.	Court held Jacobson‑Kirsch waived objection by waiting until after final entry and failing to explain lack of knowledge of the judges.
Sufficiency of bias allegations at reconsideration stage	Jacobson‑Kirsch argued prior adverse rulings and county judges’ recusals show bias or appearance of bias.	Court argued prior participation and adverse rulings alone do not establish actual bias; speculation about trial‑court recusals is unsupported.	Court held that absent extraordinary circumstances, an appellate judge is not disqualified at the motion‑for‑reconsideration stage; affiant must prove actual bias—here, allegations were speculative and insufficient.

In re Disqualification of O’Grady, 77 Ohio St.3d 1240 (1996) (failure to file affidavit promptly may result in waiver)
In re Disqualification of Capper, 134 Ohio St.3d 1271 (2012) (affiant bears burden to demonstrate affidavit timeliness)
In re Disqualification of Bryant, 117 Ohio St.3d 1251 (2006) (prior judicial participation in related proceedings does not alone require disqualification absent actual bias)
In re Disqualification of Mitrovich, 101 Ohio St.3d 1214 (2003) (affidavit must state specific facts supporting bias)
In re Disqualification of Flanagan, 127 Ohio St.3d 1236 (2009) (allegations based on hearsay, innuendo, and speculation are insufficient)
In re Disqualification of George, 100 Ohio St.3d 1241 (2003) (disqualification is extraordinary; judge presumed unbiased)