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In re Disqualification of Shattuck

Supreme Court of Ohio
Jun 16, 1993
657 N.E.2d 1349 (Ohio 1993)

Opinion

No. 93-AP-047

Decided June 16, 1993.

ON AFFIDAVIT OF DISQUALIFICATION in Greene County Court of Common Pleas, Division of Domestic Relations case No. 92-DR-179.


This affidavit of disqualification was filed by plaintiff John I. Dallas and seeks the disqualification of Judge Judson L. Shattuck, Jr. from further proceedings in the above-captioned case.

Affiant claims his former attorney serves as a part-time referee appointed by Judge Shattuck and that this relationship, which existed at the time the case was pending, prejudicially will affect Judge Shattuck's consideration of the issues before him on remand.

Opinion Nos. 87-014 and 87-036 of the Board of Commissioners on Grievances and Discipline hold that a part-time referee may not practice law before the court of common pleas division in which he serves or before the judge or judges to whom he owes his appointment. Although the record fails to support a finding that Judge Shattuck could not fairly and impartially rule on the issues that will be raised in the remand hearing, Judge Shattuck should be disqualified in order to avoid the appearance of impropriety and to ensure the parties' absolute confidence in the proceedings.

It is ordered that Judge Judson L. Shattuck, Jr. participate no further in these proceedings. A judge will be assigned to preside over this case.


Summaries of

In re Disqualification of Shattuck

Supreme Court of Ohio
Jun 16, 1993
657 N.E.2d 1349 (Ohio 1993)
Case details for

In re Disqualification of Shattuck

Case Details

Full title:IN RE DISQUALIFICATION OF SHATTUCK. DALLAS v. DALLAS

Court:Supreme Court of Ohio

Date published: Jun 16, 1993

Citations

657 N.E.2d 1349 (Ohio 1993)
657 N.E.2d 1349