2012 Ohio 6307
Ohio2012Background
- Zarle filed an affidavit under R.C. 2701.03 to disqualify Judge Parker from CR 2012-07-1992.
- Zarle is charged with intimidation of Judge Dezso, the Summit County Domestic Relations Court judge.
- Parker states Dezso is an acquaintance with no interaction or bias related to Zarle’s case.
- Court applies appearance-of-impropriety standard; objective observer test governs disqualification.
- Parker and Dezso work in separate divisions; no personal contact or case-assignments between them.
- Court concludes no basis for disqualification; case may proceed before Parker.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does a professional relationship between judges require disqualification? | Zarle | Parker | No basis to require disqualification. |
| Is there an actual bias or appearance of impropriety that warrants disqualification? | Appearance of bias due to judge-victim relation | Attenuated relationship; no bias; impartiality preserved | Appearance of impropriety not established. |
Key Cases Cited
- In re Disqualification of Lewis, 117 Ohio St.3d 1227 (2004-Ohio-7359) (appearance standard for disqualification)
- In re Disqualification of Nadel, 47 Ohio St.3d 604 (1989) (broader discretion in disqualifying; close professional ties matter)
- In re Disqualification of Nugent, 47 Ohio St.3d 601 (1987) (disqualification when victim-related concerns involve court personnel)
- In re Disqualification of Lucci, 117 Ohio St.3d 1242 (2006-Ohio-7230) (attenuated professional relationship reduces bias concerns)
- In re Disqualification of Villanueva, 74 Ohio St.3d 1277 (1995) (limits on appearance concerns; elected to preside impartially)