In re Disqualification of D'Apolito, 2014 Ohio 2153

Plaintiff Joseph Robert Grenga filed an affidavit under R.C. 2701.03 seeking disqualification of Judge Lou A. D’Apolito in two Mahoning County common-pleas cases (2008CV00388 and 2012CV01153).
Case No. 2008CV00388: Grenga alleged bias based on a pretrial hearing where the judge threatened contempt and brought a deputy sheriff into the courtroom; the docket, however, showed the case was closed with no apparent pending matters.
Case No. 2012CV01153: Judge D’Apolito entered a January 2014 order granting defendant Jason A. Vantell summary judgment on Grenga’s claims, granting Vantell summary judgment on his defamation counterclaim, and awarding sanctions against Grenga for frivolous conduct.
Grenga contended the January 2014 entry “reeks with bias,” arguing the opinion lacked merit and that an objective reader would perceive pervasive bias.
The chief justice reviewed the affidavits under R.C. 2701.03 and applied controlling precedent limiting the chief justice’s authority to matters that are pending in the trial court and distinguishing adverse rulings from bias.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the chief justice may rule on an affidavit of disqualification for case No. 2008CV00388 when nothing is pending	Grenga: judge’s conduct at a pretrial hearing shows bias warranting disqualification	Implicit: disqualification is improper if no matter remains pending before the trial court	Dismissed — chief justice may not rule when no matter is pending; docket shows the case is closed
Whether the January 2014 entry in 2012CV01153 demonstrates judicial bias warranting disqualification	Grenga: the entry is meritless and an objective reader would see bias in every sentence	Implicit: adverse rulings and disagreement with legal determinations do not establish bias; procedures for appellate review exist	Denied — adverse rulings alone do not prove bias; affidavit insufficient to disqualify judge

In re Disqualification of Grossmann, 74 Ohio St.3d 1254 (1994) (chief justice’s authority limited to matters pending before the court of common pleas)
In re Disqualification of Hayes, 135 Ohio St.3d 1221 (2012) (chief justice cannot rule on disqualification when nothing is pending before the trial court)
In re Disqualification of Russo, 110 Ohio St.3d 1208 (2005) (adverse rulings alone do not establish judicial bias)