Doe v. Rupp
Doe v. Rupp
Opinion of the Court
Affiant is the plaintiff in a civil action pending before Judge Norman A. Fuerst. The underlying action involves affiant’s allegations of sexual abuse by Father Edward F. Rupp, a Catholic priest, and the defendants include the priest and the Catholic Diocese of Cleveland. Affiant seeks the disqualification of Judge Fuerst and all other judges of the Cuyahoga County Court of Common Pleas who are members of the Catholic Diocese.
Affiant essentially suggests adoption of a per se rule that would require disqualification of a judge from any case in which a religious organization with which the judge is affiliated is a member. Such a rule would be contrary to the presumption that a judge fairly and impartially considers all matters coming before the judge. This action has been pending before Judge Fuerst for more than two years, and affiant does not cite any specific actions by Judge Fuerst as evidence of bias or prejudice against him or in favor of the defendants. Absent a specific demonstration of bias or prejudice or the existence of some other disqualifying interest, I decline to adopt a general rule that mandates the disqualification of a judge from a case involving a religious organization with which the judge is affiliated.
The affidavit of disqualification is found not well taken and is denied. The case shall proceed before Judge Fuerst.
Reference
- Full Case Name
- In re Disqualification of Fuerst. Doe v. Rupp
- Cited By
- 4 cases
- Status
- Published