In re Disqualification of DeWine
994 N.E.2d 447
Ohio2012Background
- Affidavit of disqualification filed under R.C. 2701.03 against Judge Pat DeWine in case No. B 1103329-1 over a potential community-control sanction violation.
- Affiant alleges Judge DeWine is biased, prejudiced, and formed a prehearing guilt opinion, and that he usurped the probation department’s authority.
- Underlying events: McCants placed on community control in 2011; new weapon charge in 2012; initial sanction violation filed; hearing delayed until after the separate trial.
- June 5, 2012 trial acquitted McCants on the weapon charge; June 19, 2012 hearing sought amended violation to include officers’ testimony and marijuana possession.
- Judge DeWine explains his handling, maintains impartiality, and notes McCants will have a fair revocation hearing; affidavit denied for lack of clear bias.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Judge DeWine showed bias or prejudice against McCants | Koustmer alleges fixed anticipatory judgment | DeWine did not show fixed bias; comments were about amendment decision | No disqualification; no fixed bias established |
| Whether DeWine usurped probation department’s authority by amending the violation | Judge pressured department to amend despite dismissal wishes | Record shows departmental indecision; no proof of improper pressure | No disqualification; insufficient evidence of usurpation |
| Whether presiding over McCants’s earlier CWP trial creates disqualifying bias | Prior involvement shows bias against defendant | Prior exposure does not mandate disqualification absent actual bias | No disqualification; prior participation alone is insufficient |
| Whether constitutional rights claims render disqualification appropriate | Judge violated substantive due process | Disqualification improper vehicle for constitutional claims; remedies on appeal | No disqualification; constitutional claims not appropriate for this proceeding |
Key Cases Cited
- State ex rel. Pratt v. Weygandt, 164 Ohio St. 463 (1956) (bias must overcome presumption of integrity; not presumed)
- In re Disqualification of O’Neill, 100 Ohio St.3d 1232 (2002-Ohio-7479) (presumption of impartiality; must show fixed bias)
- In re Disqualification of Horvath, 105 Ohio St.3d 1247 (2004-Ohio-7356) (conditional opinions do not establish disqualification)
- State v. Were, 118 Ohio St.3d 448 (2008-Ohio-2762) (prior proceedings don’t require disqualification absent bias)