State v. Price (In re Burnside)
State v. Price (In re Burnside)
Opinion of the Court
*1245{¶ 1} Defendant, Christian Price, has filed an affidavit with the clerk of this court pursuant to R.C. 2701.03 seeking to disqualify Judge Janet R. Burnside. Although it is unclear from the face of his affidavit, it appears that he is seeking Judge Burnside's removal from case Nos. CR-11-549930-A and CR-12-558932-A.
*1246{¶ 2} The chief justice, however, cannot rule on an affidavit of disqualification when there is no "proceeding pending before the court." R.C. 2701.03(A) ; accord In re Disqualification of Hayes ,
{¶ 3} In a supplemental affidavit, Mr. Price avers that he attempted to file an affidavit of disqualification in April 2018 and at that time, he had a motion for judicial release pending before Judge Burnside. Mr. Price claims that the clerk of this court improperly rejected his previous affidavit for filing and that Judge Burnside then denied his motion. Because the clerk allegedly should have accepted his previous affidavit, Mr. Price requests that the chief justice vacate Judge Burnside's decision and consider his allegations of judicial bias.
{¶ 4} The chief justice, however, lacks authority to vacate trial-court orders in deciding affidavits of disqualification. See In re Disqualification of Cox ,
*850{¶ 5} For these reasons, the affidavit of disqualification is dismissed.
Reference
- Full Case Name
- IN RE DISQUALIFICATION OF BURNSIDE. The State of Ohio v. Price.
- Status
- Published