In re Disqualification of Knece, 138 Ohio St. 3d 1274

Attorney Kinsley F. Nyce filed an affidavit of disqualification (Jan. 27, 2014) against Judge P. Randall Knece in a Pickaway County common pleas case; initial affidavit denied for lack of a pending matter on the record.
Nyce filed two supplemental affidavits after filing post-affirmance motions (Civ.R. 59/60) and alleging further bias based on the judge’s conduct at a January 27 hearing and a January 28 teleconference.
At the January 27 hearing Nyce presented the affidavit to Judge Knece; the judge proceeded to order disbursement of a supersedeas bond.
Nyce claimed the judge’s conduct at the hearing was aggressive and animus-laden; he also alleged the judge’s teleconference comment about a pending contempt motion was intimidation.
Judge Knece denied any bias and explained the bond disbursement as a ministerial act and described the teleconference as establishing procedural parameters after reviewing the docket.
The Chief Justice reviewed the supplemental affidavits and Judge Knece’s response and denied disqualification, allowing the case to proceed before Judge Knece.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether filing an affidavit divests the judge of authority to act	Nyce: Filing barred Judge Knece from proceeding at Jan. 27 hearing and disbursing bond	Knece: Filing exception permits ministerial acts; bond disbursement was ministerial	Court: R.C. 2701.03(D)(3) permits ministerial acts; decision on ministerial nature not determinative of bias here
Whether Judge Knece’s conduct at Jan. 27 hearing demonstrated disqualifying bias	Nyce: Judge was aggressive, demeaning, engaged in unilateral argument and showed animosity	Knece: Rulings were routine; disagreement with rulings does not prove bias	Court: Vague, unsubstantiated allegations and lack of transcript insufficient to prove bias
Whether teleconference remarks indicated intimidation or partiality	Nyce: Judge’s reference to a pending contempt motion was intimidation	Knece: He reviewed docket to address pending matters and set procedural parameters	Court: Judge presumptively unbiased; explanation overcame appearance of bias
Burden of proof and evidentiary requirement in disqualification affidavits	Nyce: Requested court obtain transcript to support allegations	Knece: Affiant must present specific allegations and supporting evidence	Court: Affiant bears burden; must supply specifics or evidence; chief justice not required to obtain evidence for affiant

In re Disqualification of Hayes, 135 Ohio St.3d 1221 (addresses requirement that something be pending before ruling on an affidavit of disqualification)
State v. Myers, 97 Ohio St.3d 335 (filing of affidavit divests judge of jurisdiction generally)
State ex rel. Stern v. Mascio, 81 Ohio St.3d 297 (ministerial acts exception to disqualification prohibition)
State ex rel. Kreps v. Christiansen, 88 Ohio St.3d 313 (interpreting ministerial-order exception in disqualification context)
In re Disqualification of Griffin, 101 Ohio St.3d 1219 (scope of disqualification proceedings limited to bias/prejudice)
In re Disqualification of Celebrezze, 74 Ohio St.3d 1242 (rulings during pendency may be evidence of bias)
In re Disqualification of Floyd, 101 Ohio St.3d 1217 (disagreement with rulings alone does not equal bias)
Disciplinary Counsel v. Shimko, 134 Ohio St.3d 544 (attorneys may challenge perceived partiality without attacking court integrity)
In re Disqualification of Baronzzi, 135 Ohio St.3d 1212 (affiant generally must supply evidence beyond affidavit)
In re Disqualification of Walker, 36 Ohio St.3d 606 (vague, unsubstantiated allegations insufficient)
In re Disqualification of George, 100 Ohio St.3d 1241 (judge presumed to follow law; appearance of bias must be compelling)