On Tuesday, July 17, 2012, the Supreme Court of Ohio launched an expanded news program – Court News Ohio – that features stories about the Ohio judicial system. This archived page on the Supreme Court’s website only displays news stories that occurred before that date. News stories that occurred on July 17 and thereafter can be found at www.courtnewsohio.gov.

March 28, 2011
Supreme Court Adopts Justice Recusal Process Rule

The Supreme Court of Ohio has adopted a new rule that establishes a recusal process when questions arise about the impartiality of a Justice in a case. The rule becomes effective April 1.

Rule 14.6 of the Rules of Practice of the Supreme Court of Ohio will allow a party to a case to request the recusal of a Justice, or an appeals court judge sitting by assignment on the Supreme Court. The rule also will enable a Justice to self disclose if he/she believes there might be a potential basis for disqualification.

A party seeking the recusal of a Justice on a case would file the request in letter form with the Supreme Court Clerk of Court and include an affidavit with the specific basis and facts to support the request. A Justice would be required to file a written response with the Clerk indicating whether he/she will recuse from the case. Amicus curiae would not be permitted to file a request.

Under the self-disclosure portion of the rule, the Justice would disclose the basis for the disqualification and ask the parties to consider waiving the disqualification. The parties and counsel must file a response within 15 days. If the parties and counsel agree the Justice should not be disqualified, then he/she may participate in the case.

View complete text of the rule.

Contact: Chris Davey or Bret Crow at 614.387.9250.

Microsoft Word Word files may be viewed for free with Office Online.