2013 Ohio 1319
Ohio2013Background
- Affidavit of disqualification filed under R.C. 2701.03 in Moore case CR-00-392440-A.
- Garver alleges appearance of impropriety due to Gall’s former prosecution work under McGinty.
- McGinty presided on Moore’s case until 2011; later appointed prosecutor in 2012.
- Gall became judge in 2012, inheriting McGinty’s docket, including Moore’s case.
- Gall states he had no knowledge or work on Moore’s case while assistant prosecutor; no bias demonstrated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gall’s prior assistant prosecutor role requires disqualification | Garver argues appearance of impropriety | Gall had no involvement; no basis for disqualification | Disqualification denied; no appearance of impropriety |
| Whether McGinty’s outside counsel decision creates improper appearance | Appearance of impropriety due to prosecutor conflict | Objective test; no reasonable observer would doubt impartiality | No appearance of impropriety; not disqualifying |
| Whether Gall’s lack of knowledge/work on Moore’s case absolves him | Gall’s past role taints proceedings | No direct involvement by Gall; impartiality preserved | Impartiality intact; no disqualification warranted |
Key Cases Cited
- In re Disqualification of Rastatter, 117 Ohio St.3d 1231 (2005-Ohio-7147) (prior gov’t work not grounds absent adverse impact)
- In re Disqualification of Cross, 74 Ohio St.3d 1228 (1991) (no grounds where no relationship or interest shown)
- In re Disqualification of Lewis, 117 Ohio St.3d 1227 (2004-Ohio-7359) (appearance test; objective observer standard)
- In re Disqualification of Greer, 81 Ohio St.3d 1208 (1997) (former assistant prosecutor not disqualified absent adverse relation)
- In re Disqualification of George, 100 Ohio St.3d 1241 (2003-Ohio-5489) (presumption of impartiality; appearance must be compelling)