State v. Mcintyre (In re Schafer)
State v. Mcintyre (In re Schafer)
Opinion of the Court
*1249{¶ 1} Stephen Hanudel, counsel for the appellant-defendant, Lewis Leroy McIntyre Jr., filed an affidavit with the clerk of this court pursuant to R.C. 2501.13 and 2701.03 seeking to disqualify Judge Donna J. Carr and Judge Julie A. Schafer from presiding over any further proceedings in McIntyre's pending appeal. Pursuant to Ohio Constitution, Article IV, Section 5 (C) and R.C. 2701.03, Chief Justice O'Connor recused herself from hearing this matter and designated the undersigned to hear the disqualification request.
{¶ 2} On May 23, 2018, the Ninth Appellate District, in a decision authored by Judge Schafer and joined by Judge Carr, held that the doctrines of res judicata and law of the case barred the court of appeals from considering McIntyre's appellate arguments.
*1250State v. McIntyre , 9th Dist. Summit No. 28125,
{¶ 3} Hanudel seeks to disqualify Judge Schafer and Judge Carr from deciding those motions. He alleges that in their May 23 decision, the judges "defied" and "falsely characterized" this court's ruling in State ex rel. McIntyre v. Summit Cty. Court of Common Pleas ,
{¶ 4} Judge Schafer and Judge Carr submitted individual affidavits in response to Hanudel's disqualification request. Both judges denied any personal bias against McIntyre and averred that they participated fairly and impartially in deciding the underlying appeal.
{¶ 5} It is well settled that a "judge's opinions of law, even if later found to be erroneous, are not by themselves evidence of bias or prejudice and thus are not grounds for disqualification." In re Disqualification of Corts ,
{¶ 6} Judges have been removed from cases for refusing to comply with mandates from higher courts. See, e.g. , Columbus v. Hayes ,
{¶ 7} Regardless, resolution of Hanudel's claims first requires a determination of whether the court of appeals' May 23 decision conflicts with this court's ruling in State ex rel. McIntyre . An affidavit of disqualification, however, "is not the mechanism for determining whether a judge has complied with the law." In re Disqualification of Griffin ,
{¶ 8} There is no evidence of bias against McIntyre on the face of the May 23 decision. If Hanudel believes that the judges misinterpreted or misapplied a decision from this court, he may file an appeal. But he may not litigate in an affidavit of disqualification legal issues more appropriately raised in an appeal.
{¶ 9} The affidavit of disqualification is denied.
Reference
- Full Case Name
- IN RE DISQUALIFICATION OF CARR and Schafer. The State of Ohio v. McIntyre.
- Cited By
- 1 case
- Status
- Published