Opinion

In re Disqualification of Corbin

  • 91 Ohio St. 3d 1205
  • 2000 Ohio 110
Court
Ohio Supreme Court
Filed
Sep 28, 2000
Status
Published
On the bench
Moyer, C.J.
Cited by
0 cases
Authority
More cited than 35.0%

The opinion

[This opinion has been published in Ohio Official Reports at 91 Ohio St.3d 1205.]

IN RE DISQUALIFICATION OF CORBIN.

CONRAD ET AL. v. BROWN COUNTY GENERAL HOSPITAL.

[Cite as In re Disqualification of Corbin, 2000-Ohio-110.]

Judges—Affidavit of disqualification—Allegation that judge appointed members to

defendant county hospital’s board of trustees and was the hospital’s

statutory agent—Judge’s appointments are required by statute and are

limited—No bias or prejudice shown.

(No. 00-AP-084—Decided September 28, 2000.)

ON AFFIDAVIT OF DISQUALIFICATION in Brown County Common Pleas Court case

No. CVA990343.

__________________

MOYER, C.J.

{¶ 1} This affidavit of disqualification was filed by Catherine S. Neal,

counsel for the plaintiffs Barbara and Thomas Conrad, seeking the disqualification

of Judge R. Alan Corbin from further proceedings in the above-captioned case.

{¶ 2} Affiant asserts that Judge Corbin should be disqualified from the

underlying case because he has appointed members to the board of trustees of the

defendant-county hospital and is listed as the hospital’s statutory agent. In In re

Disqualification of Morley (1994), 74 Ohio St.3d 1265, 657 N.E.2d 1363, I denied

a request to disqualify a trial judge because he had exercised his statutory authority

to appoint commissioners to the board of a public park district. Here, Judge

Corbin’s appointment of hospital trustees was pursuant to statutory authority

contained in R.C. 339.02. Moreover, the judge does not have sole authority to

appoint the trustees, but exercises that authority in cooperation with the county

commissioners and the judge of the probate division of the court of common pleas.

SUPREME COURT OF OHIO

{¶ 3} Similarly, while serving as the county prosecuting attorney, Judge

Corbin was the statutory legal advisor to the county hospital board of trustees (see

R.C. 309.09[A] and 1950 Atty. Gen. Ops. No. 1981) and would have been the

logical choice to serve as the hospital’s statutory agent. Absent evidence that Judge

Corbin is actively serving as the hospital’s statutory agent or obtained some

material knowledge regarding the underlying case while serving as the board’s legal

advisor, the mere fact that the board failed to designate a new statutory agent will

not require the judge’s disqualification.

{¶ 4} For these reasons, the affidavit of disqualification is found not well

taken and is denied. The case shall proceed before Judge Corbin.

__________________

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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