State v. Spragling (In re Walker)
State v. Spragling (In re Walker)
Opinion of the Court
*1320{¶ 1} Charles Tyler Sr., counsel for the defendant, has filed an affidavit with the clerk of this court pursuant to R.C. 2701.03 and 2701.031 seeking to disqualify Judge Nicole Ann Walker from presiding over any further proceedings in the above-referenced case.
{¶ 2} Mr. Tyler claims that Judge Walker is biased against him because he sought her disqualification in an unrelated matter. As evidence of the judge's bias, Mr. Tyler points to her recent refusal to continue the trial in the underlying case despite Mr. Tyler's unavailability on the scheduled trial date.
{¶ 3} Judge Walker has responded in writing to the affidavit and denies any bias against Mr. Tyler. The judge explains her reasons for initially denying Mr. Tyler's request to reschedule the trial in the underlying matter, and she notes that prior to Mr. Tyler's filing his affidavit, the court nevertheless continued the matter.
{¶ 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 *1321on 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} Further, the mere fact that a litigant filed-or attempted to file-an affidavit of disqualification against a judge in a prior case does not automatically create an appearance of impropriety when that litigant later appears before the judge in another matter. See, e.g. , In re Disqualification of Eighth Dist. Court of Appeals ,
{¶ 6} The affidavit of disqualification is denied. The case may proceed before Judge Walker.
Reference
- Full Case Name
- IN RE Disqualification of WALKER. The State of Ohio v. Spragling.
- Cited By
- 1 case
- Status
- Published