In re Disqualification of Lynch, 2013 Ohio 910

Squire filed an affidavit under R.C. 2701.03 seeking Judge Lynch's disqualification from further proceedings in a Franklin County foreclosure case.
Squire alleges Judge Lynch’s participation creates an appearance of partiality because she reported his conduct to disciplinary counsel.
Squire had been indefinitely suspended from the practice of law in 2011; Judge Lynch later informed disciplinary counsel that Squire represented his wife in the case.
Squire disputes representing his wife at a pretrial conference; he contends the letter led to a formal disciplinary complaint against him.
Judge Lynch contends she had an ethical duty to notify disciplinary authorities and will remain fair and impartial.
The Supreme Court denied the affidavit, allowing the case to proceed before Judge Lynch.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does notifying disciplinary authorities create appearance of impropriety	Squire argues the letter shows bias against him	Lynch asserts duty to report under ethics rules and no bias shown	No disqualification; no appearance of impropriety established
Is there bias or prejudice from the disciplinary matter against Squire	Squire claims reasonable observer would doubt Lynch's impartiality	No evidence of hostility or personal bias; actions were ethical duties	Not shown; impartiality presumed remains intact
Do pending disciplinary proceedings and related factors require disqualification	Combination of factors could create appearance of impropriety	No unique or extraordinary factors present; not grounds for disqualification	No extraordinary circumstances; proceeding may continue before Lynch

In re Disqualification of Belskis, 74 Ohio St.3d 1252 (1993) (filing a disciplinary complaint does not require recusal)
In re Disqualification of Maloney, 88 Ohio St.3d 1215 (1999) (cooperation with disciplinary authorities does not render judge biased)
In re Disqualification of O’Neill, 100 Ohio St.3d 1226 (2002) (disqualification requires a unique combination of factors)
In re Disqualification of Maschari, 88 Ohio St.3d 1212 (1999) (disqualification avoided unless affiant becomes witness against judge)
In re Disqualification of Celebrezze, 94 Ohio St.3d 1228 (2001) (lengthy proceedings; extraordinary circumstances required for disqualification)
In re Disqualification of Light, 36 Ohio St.3d 604 (1988) (appearance factors considered in disqualification decisions)
In re Disqualification of George, 100 Ohio St.3d 1241 (2003) (presumptions of impartiality; must overcome compelling concerns)