In re Disqualification of Searcy

[Cite as In re Disqualification of Searcy, ___ Ohio St.3d ___, 2016-Ohio-442.]

IN RE DISQUALIFICATION OF SEARCY.

CASTELLINI v. CASTELLINI.

[Cite as In re Disqualification of Searcy, ___ Ohio St.3d ___, 2016-Ohio-442.]

Judges—Affidavits of disqualification—R.C. 2701.03—Affiant waived claim of

bias—Disqualification denied.

(No. 15-AP-072—Decided August 20, 2015.)

ON AFFIDAVIT OF DISQUALIFICATION in Hamilton County Court of Common

Pleas, Domestic Relations Division, Case No. DR1401514.

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O’CONNOR, C.J.

{¶ 1} Defendant Deanna Castellini has filed an affidavit with the clerk of

this court under R.C. 2701.03 seeking to disqualify Judge Amy Searcy from

presiding over any further proceedings in the above-captioned divorce case.

{¶ 2} Defendant claims that Judge Searcy has a conflict of interest and is

biased against her. Specifically, defendant claims that the judge ran as a Republican

Party candidate for judicial office and that plaintiff Robert Castellini’s father is

heavily involved with the local Republican Party. In addition, defendant claims

that Judge Searcy and plaintiff are members of the same advisory board for a local

nonprofit organization, which had previously named plaintiff “Father of the Year.”

Finally, defendant claims that Judge Searcy’s refusal to continue the scheduled trial

demonstrates the judge’s bias.

{¶ 3} Judge Searcy has responded with her own affidavit. The judge denies

any bias against defendant and avers that she does not know plaintiff’s family. The

judge acknowledges that she is one of 28 members of the local nonprofit advisory

board. However, the judge further states that she does not know and has never been

introduced to plaintiff, that the advisory board conducts only one annual meeting,

SUPREME COURT OF OHIO

that she does not recall seeing plaintiff at the most recent meeting, and that she has

no knowledge about whether the organization had previously named him “Father

of the Year.”

{¶ 4} Plaintiff has also submitted an affidavit in response to his wife’s

disqualification request. Plaintiff avers that he had never met Judge Searcy before

she was assigned to the underlying case, that he was unaware that he was a member

of the nonprofit advisory board, that he has never attended a meeting of the advisory

board, and that he has no idea who else is a member of the board.

{¶ 5} For the reasons explained below, no basis has been established to

order the disqualification of Judge Searcy.

{¶ 6} First, 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, 77 Ohio St.3d 1240, 1241, 674 N.E.2d 353 (1996). Here, Judge Searcy

states that she was assigned to the underlying case on June 30, 2015. Yet defendant

did not file her affidavit of disqualification until August 12, 2015, eight days before

the scheduled trial. Additionally, defendant filed her affidavit only after Judge

Searcy refused to continue the trial, which suggests that the judge’s adverse

decision—not any perceived conflict of interest—prompted the disqualification

request. As nothing in the record justifies the delay in filing the affidavit, defendant

has waived the right to have Judge Searcy disqualified based on these allegations.

See In re Disqualification of Corrigan, 91 Ohio St.3d 1210, 741 N.E.2d 137 (2000)

(affiant waived objections to judge when incidents giving rise to claim of bias

occurred “several months prior to the filing of the affidavit” and affidavit was filed

“less than three weeks before the scheduled trial”).

{¶ 7} Second, even if defendant had not waived her bias claims, she has not

set forth sufficient grounds for disqualification. Although there could be

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exceptional circumstances in which significant and disproportionate political

contributions could create an appearance of impropriety, see, e.g., Caperton v. A.T.

Massey Coal Co., Inc., 556 U.S. 868, 884, 129 S.Ct. 2252, 173 L.Ed.2d 1208

(2009), defendant has not established that any such circumstances exists here.

Indeed, she has not specifically alleged that any member of plaintiff’s family

directly contributed to Judge Searcy’s political campaign. Regardless, judges are

presumed “able to set aside any partisan interests once they have assumed judicial

office and have taken an oath to decide cases on the facts and the law before them.”

In re Disqualification of Bryant, 117 Ohio St.3d 1251, 2006-Ohio-7227, 885

N.E.2d 246, ¶ 3. Nothing in defendant’s affidavit establishes that Judge Searcy has

a conflict of interest based on the political contributions or party affiliation of

plaintiff’s father.

{¶ 8} Similarly, based on the unique facts here, no reasonable observer

would question Judge Searcy’s impartiality merely because she and plaintiff are

named members of the same nonprofit advisory board. The judge has averred that

she does not know plaintiff, and plaintiff has averred that he did not know that he

or the judge served on the board.

{¶ 9} Finally, defendant’s disagreement or dissatisfaction with Judge

Searcy’s refusal to continue the trial does not constitute bias or prejudice. See In

re Disqualification of Pontious, 94 Ohio St.3d 1235, 1236, 763 N.E.2d 603 (2001)

(a judge’s decision on a request for a continuance “is within the sound discretion

of the judge and is not, by itself, evidence of bias or prejudice”).

{¶ 10} Accordingly, the affidavit of disqualification is denied. The case

may proceed before Judge Searcy.

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