In re Disqualification of Hayes
135 Ohio St. 3d 1221
| Ohio | 2012Background
- Affidavit of disqualification filed under R.C. 2701.03 seeks to disqualify Judge Hayes from case DR-1999-06-1352 in Summit County.
- Scanlon alleges ex parte communications with Taylor and that Hayes acted as Taylor’s advocate to vacate a lien and has biased views on financials.
- Hayes denies ex parte communications and states he provided Scanlon with requested relief; no pending matter before Hayes is identified.
- Court notes nothing is currently pending before Hayes; the dispute in 2012 has been settled and there has been no activity for years.
- Disqualification is an extraordinary remedy; if nothing is pending, the Chief Justice may not rule on the affidavit and Scanlon may refile if a matter becomes pending.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an affidavit of disqualification is proper when nothing is pending before the judge | Scanlon argues ongoing bias warrants removal | Hayes argues no pending matter exists to disqualify | Affidavit denied; nothing pending precludes ruling |
| Whether past misconduct or threat of future misconduct justifies disqualification | Scanlon claims past misconduct and future risk | Hayes argues past events cannot be relitigated via affidavit | Not a basis for disqualification when no pending matter exists |
| Whether R.C. 2701.03(A) limits Chief Justice authority to matters pending before the court | Scanlon invokes statute for disqualification | Hayes contends absence of pending matter limits inquiry | Statute requires pending matter; Chief Justice cannot rule here |
Key Cases Cited
- In re Disqualification of Grossmann, 74 Ohio St.3d 1254 (Ohio 1994) (limits authority to matters pending before the trial court)
- In re Disqualification of Hunter, 36 Ohio St.3d 607 (Ohio 1988) (affidavit is an extraordinary remedy; requires pending matter)