Opinion
No. 21-AP-090
07-20-2021
IN RE DISQUALIFICATION OF SCHOOLEY. The State of Ohio v. Dean.
{¶ 1} Defendant Samuel J. Dean has filed an affidavit pursuant to R.C. 2701.03 and 2701.031 and Article IV, Section 5(C) of the Ohio Constitution seeking to disqualify Judge Eric M. Schooley from the above-referenced cases. {¶ 2} Mr. Dean alleges that Judge Schooley has a conflict of interest because (1) Mr. Dean filed a federal lawsuit against the judge alleging that he violated the Americans with Disabilities Act, 42 U.S.C. 12101 et seq., and (2) Mr. Dean's advocate made similar allegations against Judge Schooley in a disciplinary grievance. In addition, Mr. Dean argues that the allegations in the federal lawsuit and grievance require Judge Schooley's removal.
{¶ 3} For the reasons explained below, no basis has been established to order the disqualification of Judge Schooley.
{¶ 4} First, "[i]t is well established that a judge will not be disqualified solely because a litigant in a case pending before the judge has filed a lawsuit against that judge. To hold otherwise would invite parties to file lawsuits solely to obtain a judge's disqualification, which would severely hamper the orderly administration of judicial proceedings." In re Disqualification of Pokorny , 135 Ohio St.3d 1268, 2013-Ohio-915, 986 N.E.2d 993, ¶ 4. For the same reason, "a judge is not automatically disqualified solely because a party in a case pending before him or her has filed a complaint against the judge with Disciplinary Counsel or a similar body." In re Disqualification of Kilpatrick , 47 Ohio St.3d 605, 606, 546 N.E.2d 929 (1989). Therefore, the mere fact that a federal lawsuit and grievance are pending against Judge Schooley does not mean that he must be disqualified from Mr. Dean's criminal case.
{¶ 5} Second, this is not the appropriate forum in which to determine whether Judge Schooley has violated federal law. An affidavit of disqualification "addresses the narrow issue of the possible bias of a judge" and " ‘is not a vehicle to contest matters of substantive or procedural law.’ " In re Disqualification of McGrath , 149 Ohio St.3d 1224, 2016-Ohio-8601, 74 N.E.3d 453, ¶ 2, quoting In re Disqualification of Solovan , 100 Ohio St.3d 1214, 2003-Ohio-5484, 798 N.E.2d 3, ¶ 4.
{¶ 6} "A judge is presumed to follow the law and not to be biased, and the appearance of bias or prejudice must be compelling to overcome these presumptions." In re Disqualification of George , 100 Ohio St.3d 1241, 2003-Ohio-5489, 798 N.E.2d 23, ¶ 5. Those presumptions have not been overcome in this case.
{¶ 7} The affidavit of disqualification is denied. The cases may proceed before Judge Schooley.