In re Disqualification of Cottrill, 2022 Ohio 4800

In 2016 Emile Weaver was convicted of aggravated murder, gross abuse of a corpse, and tampering with evidence and sentenced by Judge Mark Fleegle to life without parole.
The Ohio Supreme Court found Judge Fleegle biased and remanded for a new sentencing hearing before a different judge.
Weaver’s counsel, Rachel Troutman, filed an affidavit under R.C. 2701.03 seeking Judge Kelly J. Cottrill’s disqualification as the only other Muskingum County common-pleas judge.
Troutman argued an appearance of bias because Cottrill was a long-time colleague of Fleegle and because Cottrill’s 2004 judicial campaign featured media coverage and letters to the editor criticizing a lighter sentence in a similar prior case (Jennifer Bryant).
Cottrill denied actual bias and disavowed preconceived sentencing views but did not repudiate the old letters; the court found no evidence of actual bias but concluded the campaign materials could create a reasonable appearance of partiality.
To preserve public confidence and avoid any appearance of impropriety, the court granted the affidavit and ordered assignment of a visiting judge for Weaver’s new sentencing hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Judge Cottrill is actually biased against Weaver	Troutman: Cottrill’s close, long-standing relationship with Fleegle and shared views show likely bias	Cottrill: No actual bias; not a "Judge Fleegle clone"; he can be impartial	No evidence of actual bias; not disqualified on that ground
Whether an objective appearance of bias requires disqualification	Troutman: Cottrill’s 2004 campaign materials and letters linking him to harsher sentences (Bryant case) create an appearance of partiality given similarity to Weaver’s facts	Cottrill: Old campaign material irrelevant; no present effect on judicial function	Appearance of impropriety found reasonable; disqualification granted to protect public confidence

In Disqualification of Crawford, 152 Ohio St.3d 1256 (2017) (disqualification appropriate to avoid appearance of impropriety)
In re Disqualification of Murphy, 110 Ohio St.3d 1206 (2005) (appearance of bias can be as damaging as actual bias)
In re Disqualification of Lewis, 117 Ohio St.3d 1227 (2004) (objective-observer standard for appearance of impropriety)
State ex rel. Pratt v. Weygandt, 164 Ohio St. 463 (1956) (importance of avoiding suspicion about a judge’s fairness)
Haslam v. Morrison, 113 Utah 14 (1948) (principle quoted on avoiding suspicion of unfairness)