Opinion
No. 21-AP-026
03-26-2021
IN RE DISQUALIFICATION OF HOWE. PARK LANE APARTMENTS, L.L.C. v. PARKS.
[Cite as In re Disqualification of Howe , ___ Ohio St.3d ___, 2021-Ohio-1683.] Judges—Affidavits of disqualification—R .C. 2701.03 and 2701.031—Affiant failed to demonstrate bias, prejudice, or appearance of impropriety—Disqualification denied. ON AFFIDAVIT OF DISQUALIFICATION in Toledo Municipal Court, Housing Division, Case No. CVG-21-01801. O'CONNOR, C.J.
{¶ 1} Defendant Devon Parks 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 Joseph J. Howe and all other judges and magistrates of the Toledo Municipal Court from the above-referenced eviction case.
{¶ 2} Mr. Parks appears to allege that Judge Howe is prejudiced against him—or that an appearance of impropriety exists—based on the judge's handling of a prior eviction case involving the same parties. According to Mr. Parks, in the prior case, he filed a declaration to prevent eviction pursuant to the order of the Centers for Disease Control and Prevention ("CDC") temporarily halting residential evictions due to the COVID-19 pandemic. The Toledo Municipal Housing and Environmental Court, Mr. Parks alleges, violated the CDC order and ignored his objections. Mr. Parks further states that he fears that the court will similarly ignore his objections in the underlying case.
{¶ 3} Judge Howe filed a response to the affidavit and states that he has had little interaction with Mr. Parks and that disqualification is not warranted. According to the judge, in the prior case, he stayed the eviction pursuant to the CDC order. In the judge's entry, he explained: "Defendant's Objections are moot and therefore denied. CDC allows for a stay on the execution of the writ, not for the dismissal of an eviction. Possession still granted for Plaintiff, however CDC stay to stand." Judge Howe states that in the underlying case, the same landlord filed another eviction complaint against Mr. Parks and that the matter was initially scheduled for a February 24, 2021 hearing. Mr. Parks moved to dismiss and to continue the hearing. The judge granted Mr. Parks's request for a continuance and rescheduled the hearing to March 9, 2021. Mr. Parks then filed this affidavit of disqualification.
{¶ 4} In affidavit-of-disqualification proceedings, the burden falls on the affiant to submit "specific allegations on which the claim of interest, bias, prejudice, or disqualification is based and the facts to support each of those allegations." R.C. 2701.03(B)(1); see also In re Disqualification of Mitrovich, 101 Ohio St.3d 1214, 2003-Ohio-7358, 803 N.E.2d 816, ¶ 4 ("An affidavit must describe with specificity and particularity those facts alleged to support the claim of bias or prejudice"). Mr. Parks has failed to sufficiently explain how Judge Howe's conduct in the prior matter demonstrates that he is biased or created the appearance of bias in the underlying case. Vague and unsubstantiated allegations are insufficient to establish bias or prejudice. In re Disqualification of Walker, 36 Ohio St.3d 606, 522 N.E.2d 460 (1988).
{¶ 5} Further, it is well established that 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. Therefore, it is outside the scope of this proceeding to determine whether—as Mr. Parks claims—Judge Howe violated the CDC order in the prior case. In general, a party's disagreement or dissatisfaction with a judge's prior rulings cannot supply the evidentiary showing needed to so reflect on the judge's partiality as to require disqualification. See In re Disqualification of D'Apolito, 139 Ohio St.3d 1230, 2014-Ohio-2153, 11 N.E.3d 279, ¶ 5.
{¶ 6} The affidavit of disqualification is denied. The case may proceed before Judge Howe.