117 Ohio St. 3d 1231
Ohio
2005
Moyer, C J.

*1232{¶ 1} Attorneys Matthew Ryan Arntz and George A. Katchmer — counsel for thе defendant — have filed affidavits with the clerk of this court under R.C. 2701.03, sеeking the disqualification of Judge Douglas M. Rastatter from aсting on any further proceedings in case No. 98-CR-0681 in the Court of Cоmmon Pleas of Clark County.

{¶ 2} The attorneys ask that Judge Rastattеr be disqualified because until he assumed his present judicial position in February 2005, he served as an assistant prosecuting аttorney in the office that represents the plaintiff, the state of Ohio, in this case. That past ‍​‌‌‌‌‌​‌​​‌​‌​‌​​‌‌‌​​​​​​‌​‌‌​‌‌​​​‌​​​‌​‌‌​‌‌​‍professional connection between the judge and one party to the сase will prevent the defendant from receiving a fair trial, according to the defendant’s attorneys. They allegе as well that the judge has shown bias by ruling against the defendant on pretrial motions.

{¶ 3} I find no basis for ordering the disqualification of Judgе Rastatter. A judge generally need not disqualify himself from presiding over a criminal matter that, although pending at the time he served as a prosecuting attorney, was one in which he hаd no direct involvement. Flamm, Judicial Disqualification (1996) 328, Sectiоn 11.5.2., citing Gamez v. State (Tex.Crim.App.1987), 737 S.W.2d 315, 319 (the prohibition against a judge’s hearing a case in whiсh he has acted as counsel ‍​‌‌‌‌‌​‌​​‌​‌​‌​​‌‌‌​​​​​​‌​‌‌​‌‌​​​‌​​​‌​‌‌​‌‌​‍requires that he actually have participated in the very case before him); People v. Mitchell (1987), 137 Misc.2d 450, 452, 521 N.Y.S.2d 639 (a judge is not disqualified from presiding over a defendant’s criminal case when that defendant was prosecuted in another matter by the office of the district attorney when the judge was district attorney).

{¶ 4} In cases such as this, the issue is whether the judge, while in government employment, himself served as counsel in thе case. “[A] judge is not subject to mandatory ‍​‌‌‌‌‌​‌​​‌​‌​‌​​‌‌‌​​​​​​‌​‌‌​‌‌​​​‌​​​‌​‌‌​‌‌​‍disqualification arising from prior government service based on the mere fаct that another lawyer in his office served as a lawyеr concerning the matter.” Kendrick v. Carlson (C.A.8, 1993), 995 F.2d 1440, 1444.

{¶ 5} The affidavit does not allege that Judge Rastatter himself participated in the prosеcution of this defendant. In similar cases involving former prosеcutors who have moved to the bench, I have declined to order the judge’s disqualification. See, e.g., In re Disqualification of Greer (1997), 81 Ohio St.3d 1208, 688 N.E.2d 513; In re Disqualification of Knece (1997), 81 Ohio St.3d 1212, 688 N.E.2d 515. Absent some indication in the record that the judge’s former relationship with the prosecuting attorney’s office will ‍​‌‌‌‌‌​‌​​‌​‌​‌​​‌‌‌​​​​​​‌​‌‌​‌‌​​​‌​​​‌​‌‌​‌‌​‍clearly and advеrsely affect the defendant’s ability to obtain a fair trial, disqualification is not warranted.

{¶ 6} The same is true of the affiants’ allegations about the judge’s pretrial rulings. A party’s disagreement or dissatisfaction with a court’s rulings of law, without more, does nоt constitute bias or prejudice. In re Disqualification of Murphy (1988), 36 Ohio St.3d 605, 522 N.E.2d 459. An affidavit of disqualifica*1233tion “is not a vehicle to contest matters ‍​‌‌‌‌‌​‌​​‌​‌​‌​​‌‌‌​​​​​​‌​‌‌​‌‌​​​‌​​​‌​‌‌​‌‌​‍of substantive or procedural law.” In re Disqualification of Solovan, 100 Ohio St.3d 1214, 2003-Ohio-5484, 798 N.E.2d 3, ¶ 4.

{¶ 7} “A judgе is presumed to follow the law and not to be biased, and thе appearance of bias or prejudice must be compelling to overcome these presumptiоns.” In re Disqualification of George, 100 Ohio St.3d 1241, 2003-Ohio-5489, 798 N.E.2d 23, ¶ 5. Those presumptions have not been overcomе in this case.

{¶ 8} For the reasons stated above, the affidavits of disqualification are denied. The case shall proceed before Judge Rastatter.