Herakovic v. Catholic Diocese
Herakovic v. Catholic Diocese
Opinion of the Court
{¶ 1} This affidavit of disqualification was filed by Jay Milano, counsel for plaintiff, seeking the disqualification of Judge Nancy McDonnell from further proceedings in the above-captioned case.
{¶ 2} The underlying case involves allegations of sexual abuse on the part of a priest or employee of the Catholic church and the Cleveland Diocese. Affiant avers that Judge McDonnell is a member of the Catholic church and thus should be disqualified from this case. Judge McDonnell denies any bias for or against a party based on her religious affiliation.
{¶ 3} This precise issue was addressed in In re Disqualification of Fuerst (1996), 77 Ohio St.3d 1253, 674 N.E.2d 361. Under circumstances nearly identical to the present case, I declined to order the disqualification of a judge from a case
{¶ 4} For these reasons, the affidavit of disqualification is found not well taken and is denied. The matter shall continue before Judge McDonnell.
Reference
- Full Case Name
- In re Disqualification of McDonnell. Herakovic v. Catholic Diocese of Cleveland
- Status
- Published