2019 Ohio 3743
Ohio2019Background
- Defendant Matthew Tassone repeatedly filed affidavits under R.C. 2701.03 seeking disqualification of Judge Elizabeth Gill in a Franklin County domestic relations case; prior affidavits were denied.
- Tassone filed two additional documents labeled "supplemental" after a prior disqualification affidavit had already been denied; the clerk opened a new case number for the June 4 filing.
- One filing principally sought to challenge the veracity of Judge Gill’s response to a prior affidavit; Supreme Court Practice Rule 21.02(C) forbids a reply to a judge’s response.
- A second filing alleged fraudulent conduct by Judge Gill, a magistrate, and opposing counsel, but the allegations rested on hearsay, innuendo, and speculation.
- The court emphasized that vague, unsubstantiated, or repeated affidavits of disqualification are improper and waste judicial resources.
Issues
| Issue | Tassone's Argument | Judge/Opposing Argument | Held |
|---|---|---|---|
| Whether a "supplemental" filing may function as a reply to a judge's response | Tassone sought to contest the judge's response and labeled his filing supplemental | S.Ct.Prac.R. 21.02(C) prohibits any reply to a judge's response; labeling doesn't circumvent the rule | Denied — cannot reply; the filing is improper and does not show judge bias |
| Whether allegations of fraud and bias (based on hearsay/innuendo) establish disqualification | Tassone alleged fraud by the judge, a magistrate, and opposing counsel | Allegations are hearsay, speculative, and unsubstantiated; such claims do not prove bias | Denied — allegations insufficient; repeated frivolous affidavits unacceptable |
Key Cases Cited
- In re Disqualification of Flanagan, 127 Ohio St.3d 1236, 2009-Ohio-7199, 937 N.E.2d 1023 (2009) (allegations based solely on hearsay, innuendo, and speculation insufficient to show bias)
- In re Disqualification of Walker, 36 Ohio St.3d 606, 522 N.E.2d 460 (1988) (vague, unsubstantiated allegations are insufficient for disqualification)
- In re Disqualification of Browne, 136 Ohio St.3d 1279, 2013-Ohio-4468, 996 N.E.2d 944 (2013) (repeated or frivolous affidavits of disqualification waste judicial resources)