In re Disqualification of Dezso, 2011 Ohio 7081

Wallace filed an affidavit of disqualification seeking to disqualify Judge Carol J. Dezso from Summit County Court of Common Pleas, Domestic Relations Division case 2004-02-0502.
Wallace alleges Judge Dezso publicly committed to a particular ruling via a 2008 letter of support for attorney Michelle Smithern, who faced felony charges.
Judge Dezso explains the 2008 letter was in response to a subpoena in Smithern’s criminal case and denies bias or impropriety.
Counsel for Blair (Lisa Carey Dean) opposes the disqualification, arguing the letter has no bearing on the underlying case, and that Wallace’s challenge is untimely and self-serving.
The court addresses waiver: Wallace waited five months after a denial of recusal (Nov. 9, 2011) to file the affidavit, which is independent grounds to deny, citing waiver principles.
The court denies the disqualification, finding no appearance of bias or predisposition, and holds the case may proceed before Judge Dezso.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Waiver due to late filing	Wallace timely raised concerns after discovery of letter.	Wallace waited five months after denial of recusal; delay constitutes waiver.	Waiver: affidavit denied on waiver grounds.
Applicability of Jud. Cond. R. 2.11(A)(5)	Judge’s letter appears to commit to a result in the proceeding.	Letter was a public statement made in response to a subpoena in a court proceeding; it does not require disqualification.	Not triggered under 2.11(A)(5); no disqualification based on the letter.
Does the letter demonstrate predisposition on the merits?	Statements about Smithern show bias toward a party’s attorney.	Comments reflect professional opinion about Smithern, not adjudicative predisposition.	No demonstrated prejudgment; does not negate impartiality.
Judge's scheduling/decisions as basis for disqualification	Judge Dezso’s failure to schedule hearings or rule promptly shows bias.	Judicial inaction within discretion; not a basis for disqualification.	Inaction alone not grounds for disqualification.

In re Disqualification of Pepple, 47 Ohio St.3d 606 (Ohio 1989) (waiver for late affidavit filings)
In re Disqualification of Glickman, 100 Ohio St.3d 1217 (Ohio 2002) (late filing as waiver ground)
In re Disqualification of Eyster, 105 Ohio St.3d 1246 (Ohio 2004) (disqualification based on inaction not inappropriate bias)
In re Disqualification of Solovan, 100 Ohio St.3d 1214 (Ohio 2003) (affidavit not used to challenge procedural rulings)
In re Disqualification of Light, 36 Ohio St.3d 604 (Ohio 1988) (presumptions of impartiality; extraordinary circumstances standard)
In re Disqualification of Lewis, 117 Ohio St.3d 1227 (Ohio 2004) (appearance of impropriety standard for disqualification)
In re Disqualification of George, 100 Ohio St.3d 1241 (Ohio 2003) (appearance of bias; compelling proof required)