In re Disqualification of Belskis
In re Disqualification of Belskis
Opinion of the Court
Affidavits of disqualification were filed by Tobias H. Elsass, guardian ad litem of Sylvia Rosenberg, seeking the disqualification of Judge Lawrence A. Belskis from further proceedings in the above-captioned cases. Affiant claims Judge Belskis filed a disciplinary complaint against him in 1992 and made that fact known to attorneys in these cases at a preliminary conference.
The mere filing of a disciplinary complaint by a judge against a lawyer does not require the judge to recuse himself from cases involving that lawyer. Opinion No. 89-32 of the Board of Commissioners on Grievances and Discipline. Moreover, an affidavit of disqualification should not be used to disqualify a judge after lengthy proceedings have taken place in the case. In re Disqualification of Light
For these reasons and because the allegations do not support a finding of bias, prejudice, or interest, the affidavits of disqualification are found not well taken and are hereby denied.
Reference
- Full Case Name
- In re Disqualification of Belskis. In re Estate of Schottenstein. In re Trust of Schottenstein. In re Guardianship of Rosenberg
- Cited By
- 8 cases
- Status
- Published