Beery v. Highland County Board of Commissioners
Beery v. Highland County Board of Commissioners
Opinion of the Court
Affiant is counsel for the plaintiffs in an action pending before Judge Kevin L. Greer of the Highland County Court of Common Pleas. The underlying matter involves appeals to the common pleas court by several property owners of assessments made by the Highland County Board of County Commissioners.
Affiant asserts that Judge Greer should be disqualified from the underlying action because the judge, prior to taking office, served as an assistant prosecuting attorney and as a law partner with the county prosecutor. Because of this prior professional relationship, affiant asserts that his clients will not receive a fair hearing before Judge Greer.
In In re Disqualification of Cross (1991), 74 Ohio St.3d 1228, 657 N.E.2d 1338, I held that “[t]he prior professional activities of a judge are not grounds for disqualification where the record fails to demonstrate the existence of a relationship or interest that clearly and adversely impacts on a party’s ability to obtain a fair trial. See In re Disqualification of Gaughan (Oct. 5, 1987), No. 87-AP-057,
Here, there is no indication that Judge Greer participated in any matter that is the subject of the underlying case or provided any representation to the board of county commissioners, such that his disqualification would be mandated under Canon 3(C) of the Code of Judicial Conduct. Moreover, the record does not demonstrate the existence of a relationship or interest that clearly and adversely impacts on the ability of affiant’s clients to obtain a fair trial or that raises a reasonable question as to Judge Greer’s impartiality.
For these reasons, the affidavit of disqualification is found not well taken and is denied. The case shall proceed before Judge Greer.
Reference
- Full Case Name
- In re Disqualification of Greer. Beery v. Highland County Board of Commissioners
- Cited By
- 5 cases
- Status
- Published