Sherwood v. Eberhardt (In re Janik)
Sherwood v. Eberhardt (In re Janik)
Opinion of the Court
*1244*848{¶ 1} Jonathan Rosenbaum, counsel for the defendant, has filed three affidavits pursuant to R.C. 2701.03 seeking to disqualify Judge Frank Janik from presiding over any further proceedings in the above-referenced case.
{¶ 2} Mr. Rosenbaum avers that for various reasons, his client no longer believes that Judge Janik will fairly and impartially preside over the matter. Primarily, Mr. Rosenbaum alleges that the judge's recent rulings and conduct demonstrate that he is punishing the defendant for engaging in a personal relationship with the former guardian ad litem.
{¶ 3} Judge Janik has responded in writing and denies any bias against the defendant. In his response, the judge thoroughly addressed Mr. Rosenbaum's allegations and explained the bases for his recent decisions in the case.
{¶ 4} In disqualification requests, "[t]he term 'bias or prejudice' 'implies a hostile feeling or spirit of ill-will or undue friendship or favoritism toward one of the litigants or his attorney, with the formation of a fixed anticipatory judgment on the part of the judge, as contradistinguished from an open state of mind which will be governed by the law and the facts.' " In re Disqualification of O'Neill,
{¶ 5} Similarly, Mr. Rosenbaum's dissatisfaction with the fact that Judge Janik has not yet heard some of the defendants' pending motions does not require the judge's removal. "[I]t is not the role of the chief justice in deciding an affidavit of disqualification to second-guess how a trial judge manages his or her docket." In re Disqualification of O'Donnell ,
{¶ 6} "The statutory right to seek disqualification of a judge is an extraordinary remedy. A judge is presumed to follow the law and not to be biased, and the appearance of bias or prejudice must be compelling to overcome these presumptions." (Citation omitted.) In re Disqualification of George,
{¶ 7} The affidavit of disqualification is denied. The case may proceed before Judge Janik.
Reference
- Full Case Name
- IN RE DISQUALIFICATION OF JANIK. Sherwood v. Eberhardt.
- Status
- Published