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.
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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.
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