In re Swenski
In re Swenski
Opinion of the Court
*1300{¶ 1} Daniel J. Gibbons has filed an affidavit pursuant to R.C. 2701.03 seeking to disqualify Judge Lisa I. Swenski from presiding over any further proceedings in six cases in which he appears as counsel.
{¶ 2} From June 2017 through June 2018, Mr. Gibbons served as president of the Lorain County Bar Association, and he has been a member of the bar association's executive board since approximately 2011. Mr. Gibbons avers that Judge Swenski has animosity toward the bar association and that during his tenure as president of the organization, the judge made a series of false allegations about the bar association and its executive director. Mr. Gibbons believes that Judge Swenski's attacks on the bar association, combined with a series of "odd and injudicious rulings" in his *187cases, demonstrates her bias against him. In addition, Mr. Gibbons states that he contributed to the campaign of Judge Swenski's opponent in the recent May 2018 primary election, and he fears that Judge Swenski may retaliate against him based on those campaign contributions.
{¶ 3} Judge Swenski has responded in writing to the affidavit and requests that it be denied. According to the judge, her prior comments about the Lorain County Bar Association did not directly criticize Mr. Gibbons or suggest that he was responsible for the issues that she raised about the association. The judge therefore argues that her comments are not evidence of animosity toward him or his clients in the underlying cases. Judge Swenski also states that Mr. Gibbons's assumption that she will seek retribution on those who opposed her judicial campaign is "completely unsupported."
{¶ 4} "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." In re Disqualification of George ,
{¶ 5} To support his allegation of bias, Mr. Gibbons states that Judge Swenski has issued a few "odd and injudicious rulings" in his cases. But in general, "a judge's adverse rulings, even erroneous ones, are not evidence of bias or prejudice." In re Disqualification of Fuerst ,
{¶ 6} In addition, although there may be circumstances in which an attorney's or a litigant's participation in a judicial campaign requires a judge's disqualification, see, e.g. , Board of Professional Conduct Advisory Opinion 2014-1 (Jan. 31, 2014); Caperton v. A.T. Massey Coal Co., Inc. ,
{¶ 7} Based on this record, Mr. Gibbons has not established that Judge Swenski has done or said anything that might convey *188personal bias against him in the underlying cases based on his involvement with the bar association. Many of the allegations in Mr. Gibbons's affidavit-such as his allegation that the judge made false allegations against the bar association-are outside the scope of a disqualification request. See In re Disqualification of Sutula ,
{¶ 8} Judge Swenski is cautioned, once again, that "a judge 'has an ethical obligation to conduct himself or herself in a courteous and dignified manner that does not convey the appearance of bias or prejudice toward litigants or their attorneys.' " In re Disqualification of Swenski ,
{¶ 9} The affidavit of disqualification is denied. The cases may proceed before Judge Swenski.
Reference
- Full Case Name
- IN RE DISQUALIFICATION OF SWENSKI.
- Status
- Published