In Re T.W., Unpublished Decision (7-31-2006)
In Re T.W., Unpublished Decision (7-31-2006)
Opinion of the Court
{¶ 2} On October 26, 2005, Fairfield Police Officer Tom Wolf filed a complaint in the juvenile court, alleging appellant delinquent for committing theft in violation of R.C.
{¶ 3} On December 15, 2005, appellant filed a motion to withdraw her admission of true, and the trial court denied her motion. Appellant appeals, raising a single assignment of error:
{¶ 4} "THE TRIAL COURT ERRED TO THE PREJUDICE OF DEFENDANT BY REFUSING TO PERMIT THE DEFENDANT TO WITHDRAW HER ADMISSION TO THE CHARGES FILED."
{¶ 5} In support of her assignment of error, appellant's sole argument is that the juvenile court abused its discretion in failing to allow her to withdraw her plea of true after the judge allegedly violated Canon 3(C) of the Code of Judicial Conduct. Appellant maintains the juvenile court judge should have disqualified himself after he became aware that the victim is married to an attorney with whom he has a professional relationship.
{¶ 6} Initially, we note that a judge is presumed not to be biased or prejudiced, and a party alleging bias or prejudice must present evidence to overcome the presumption. Wardeh v.Altabchi,
{¶ 7} However, only the Ohio Supreme Court has the authority to decide whether a common pleas court judge is biased or prejudiced. Beer v. Griffith (1978),
{¶ 8} Even if this issue were properly before this court, we have reviewed the record and find no evidence of prejudice on the part of the juvenile court. Accordingly, appellant's assignment of error is overruled.
{¶ 9} Judgment affirmed.
Powell, P.J., and Walsh, J., concur.
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