In re Disqualification of Hunter

30 Citing cases

  1. Rowley v. Rowley (In re Swenski)

    2020 Ohio 4615 (Ohio 2020)

    {¶ 6} "The statutory right to seek disqualification of a judge is an extraordinary remedy * * *." In re Disqualification of Hunter , 36 Ohio St.3d 607, 608, 522 N.E.2d 461 (1988). "[T]he significance of that remedy is heightened when, as here, an active litigant or practitioner seeks a blanket order disqualifying a judge from all of that person's cases."

  2. Holliday v. Calanni Enters. (In re Disqualification of Carroll)

    2020 Ohio 3094 (Ohio 2020)   Cited 2 times

    {¶ 4} "The statutory right to seek disqualification of a judge is an extraordinary remedy * * *." In re Disqualification of Hunter , 36 Ohio St.3d 607, 608, 522 N.E.2d 461 (1988). The significance of that remedy is heightened when, as here, an active litigant or practitioner seeks a blanket order disqualifying a judge from all of that person's cases.

  3. State v. Thompson (In re Disqualification of Saffold)

    2017 Ohio 523 (Ohio 2017)

    {¶ 11} "The disqualification of a judge is an extraordinary remedy." In re Disqualification of O'Neill, 100 Ohio St.3d 1232, 2002-Ohio-7479, 798 N.E.2d 17, ¶ 15, citing In re Disqualification of Hunter, 36 Ohio St.3d 607, 522 N.E.2d 461 (1988). Mr. Thompson has not demonstrated that there are extraordinary circumstances that warrant Judge Saffold's disqualification.

  4. In re Testamentary Trust of Conley

    136 Ohio St. 3d 1214 (Ohio 2013)   Cited 1 times

    {¶ 13} “The statutory right to seek disqualification of a judge is an extraordinary remedy * * *.” In re Disqualification of Hunter, 36 Ohio St.3d 607, 522 N.E.2d 461 (1988). The significance of that remedy is heightened here because Conley, an admittedly “active practitioner and litigator in Stark County,” seeks a blanket order of disqualification.

  5. State v. Jalowiec (In re Burge)

    136 Ohio St. 3d 1205 (Ohio 2013)   Cited 11 times

    That principle, however, must be balanced against the rule that “[t]he statutory right to seek disqualification of a judge is an extraordinary remedy.” In re Disqualification of Hunter, 36 Ohio St.3d 607, 608, 522 N.E.2d 461 (1988). The significance of that remedy is heightened here because Cillo acts as counsel of record in all capital cases in Lorain County and “handles the cases where the most serious crimes have been perpetrated.”

  6. In re Carnes

    135 Ohio St. 3d 1291 (Ohio 2013)

    Because he failed to submit a transcript, there is no way to determine whether the comments were made, the specific word choice and context in which they were allegedly made, or whether the comments reflect judicial bias or prejudice against Ertle or Brawley. “The statutory right to seek disqualification of a judge is an extraordinary remedy * * *.” In re Disqualification of Hunter, 36 Ohio St.3d 607, 608, 522 N.E.2d 461 (1988). Because Ertle has not submitted any evidentiary support, he has not established that he is entitled to such a remedy.

  7. Sizemore v. Farm Credit Servs. of Mid-America (In re Pokorny)

    135 Ohio St. 3d 1268 (Ohio 2013)   Cited 24 times

    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. See In re Disqualification of Hunter, 36 Ohio St.3d 607, 608, 522 N.E.2d 461 (1988); In re Disqualification of Kilpatrick, 47 Ohio St.3d 605, 606, 546 N.E.2d 929 (1989). {¶ 5} Second, Sizemore has failed to substantiate her claim that Judge Pokorny is engaging in a conspiracy with Judge Forsthoefel and Melick.

  8. Taylor v. Scanlon (In re Hayes)

    135 Ohio St. 3d 1221 (Ohio 2012)   Cited 31 times

    The statutory right to seek disqualification of a judge is an extraordinary remedy. In re Disqualification of Hunter, 36 Ohio St.3d 607, 522 N.E.2d 461 (1988). Therefore, the chief justice cannot rule on an affidavit of disqualification when, as here, nothing is pending before the trial court.

  9. In re Baronzzi

    135 Ohio St. 3d 1212 (Ohio 2012)   Cited 35 times

    [Ohio St.3d 1214]{¶ 8} The disqualification of a judge is an extraordinary remedy. In re Disqualification of Hunter, 36 Ohio St.3d 607, 522 N.E.2d 461 (1988). Further, 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.”

  10. Herier v. Herier (In re Disqualification of Capper)

    134 Ohio St. 3d 1271 (Ohio 2012)   Cited 48 times

    {¶ 26} The disqualification of a judge is an extraordinary remedy. In re Disqualification of O'Neill, 100 Ohio St.3d 1232, 2002-Ohio-7479, 798 N.E.2d 17, ¶ 15, citing In re Disqualification of Hunter, 36 Ohio St.3d 607, 522 N.E.2d 461 (1988). “A *1087judge 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.”