From Casetext: Smarter Legal Research

In re Disqualification of Brown

Supreme Court of Ohio
Oct 27, 1993
74 Ohio St. 3d 1250 (Ohio 1993)

Opinion

No. 93-AP-162

Decided October 27, 1993.

ON AFFIDAVIT OF DISQUALIFICATION in Franklin County Court of Common Pleas, Division of Domestic Relations case No. 91DR-09-4508.


This affidavit of disqualification was filed by defendant Carl D. Gouty seeking the disqualification of Judge Yvette McGee Brown from further proceedings in the above-captioned case.

As grounds for disqualification, affiant cites statements made by the judge at a pretrial relative to the possible award of spousal support and attorney fees if the facts and arguments presented at the pretrial are substantiated by the evidence at trial.

In response, the judge states that her preliminary assessment was made based on pretrial statements and arguments of counsel, and that she advised counsel and the parties in open court that her assessment was conditioned upon the facts being substantiated at trial.

A judge rarely hears preliminary aspects of a case without forming conditional opinions of the facts or law. These conditional opinions often assist the parties and their counsel in identifying and narrowing the issues in controversy and facilitate the settlement of cases prior to trial. However, the formation of these conditional opinions is not sufficient to counter the presumption of the judge's ability to render a fair decision based upon the evidence later presented at trial. See State v. Cox (1911), 21 Ohio Dec. 299, 310. For this reason, affiant's claim of bias and prejudice is found not well taken, the affidavit of disqualification is denied, and the cause shall continue before Judge Brown.


Summaries of

In re Disqualification of Brown

Supreme Court of Ohio
Oct 27, 1993
74 Ohio St. 3d 1250 (Ohio 1993)
Case details for

In re Disqualification of Brown

Case Details

Full title:IN RE DISQUALIFICATION OF BROWN. GOUTY v. GOUTY

Court:Supreme Court of Ohio

Date published: Oct 27, 1993

Citations

74 Ohio St. 3d 1250 (Ohio 1993)
657 N.E.2d 1353

Citing Cases

AFF Ohio, L.L.C. v. Stark Ceramics, Inc.

These conditional opinions often assist the parties and their counsel in identifying and narrowing the issue…

The State v. Smith (In re O'Farrell)

In re Disqualification of Brown, 74 Ohio St.3d 1250, 1251, 657 N.E.2d 1353 (1993). Judge O'Farrell's letter…