Jones v. Jones (In re Coss)
Jones v. Jones (In re Coss)
Opinion of the Court
*1305{¶ 1} Plaintiff, Tumanya Jones, and her attorney, Mary Ansbro, have filed affidavits with the clerk of this court pursuant to R.C. 2701.03 seeking to disqualify Judge Rocky Coss from presiding over any further proceedings in the above-referenced divorce case.
{¶ 2} Ms. Jones claims that Judge Coss should be removed for a variety of reasons, including that he allegedly has an "extensive personal relationship with the defendant." Ms. Jones also criticizes many of the judge's rulings and comments throughout the litigation. Ms. Ansbro avers that Judge Coss recently attempted to modify the final divorce decree-despite Ms. Jones's pending appeal-and that the *191judge's conduct may be "designed to punish Plaintiff for daring to appeal the Final Decree of Divorce."
{¶ 3} Judge Coss has responded in writing to the affidavits. The judge denies any bias and believes that he has acted fairly and impartially throughout the case.
{¶ 4} For the reasons explained below, no basis has been established to order the disqualification of Judge Coss.
{¶ 5} As an initial matter, an affidavit of disqualification must be filed "as soon as possible after the incident giving rise to the claim of bias and prejudice occurred," and failure to do so may result in waiver of the objection, especially when "the facts underlying the objection have been known to the party for some time." In re Disqualification of O'Grady,
{¶ 6} Even if Ms. Jones had not waived some of her objections, both she and Ms. Ansbro have failed to set forth sufficient grounds for disqualification. "The 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,
{¶ 7} For example, many of Ms. Jones's allegations involve her disagreement or dissatisfaction with Judge Coss's rulings. But it is well established that "a judge's adverse rulings, even erroneous ones, are not evidence of bias or prejudice." In re Disqualification of Fuerst ,
*192Whether Judge Coss has authority to modify those terms is not an issue that can be decided in a disqualification request. But the record here does not support a finding that the judge's conduct was the product of bias against Ms. Jones or retaliation against her for filing an appeal.
{¶ 8} "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.)
*1307In re Disqualification of George,
{¶ 9} The affidavit of disqualification is denied.
Reference
- Full Case Name
- IN RE DISQUALIFICATION OF COSS. Jones v. Jones.
- Status
- Published