Opinion
No. 22-AP-057
05-09-2022
IN RE DISQUALIFICATION OF BUCKWALTER. The State of Ohio v. Johnson.
{¶ 1} Bridget M. Rogers has filed an affidavit pursuant to R.C. 2701.03 and Article IV, Section 5(C) of the Ohio Constitution seeking to disqualify Judge Michael A. Buckwalter from the above-referenced case.
{¶ 2} Ms. Rogers states that she is the mother of the defendant, Gabriel I. Johnson, and that Judge Buckwalter is biased against her son. Under R.C. 2701.03(A), an affidavit to disqualify a judge may be filed by "any party to the proceeding or the party's counsel." In previous affidavit-of-disqualification cases, "the chief justice has strictly enforced this statutory requirement and consistently found that individuals who do not qualify as a ‘party’ or ‘party's counsel’ do not have standing to file an affidavit of disqualification." In re Disqualification of Grendell , 137 Ohio St.3d 1220, 2013-Ohio-5243, 999 N.E.2d 681, ¶ 2 (dismissing affidavit of disqualification filed by a grandparent who was not a party to the case). Because Ms. Rogers has not demonstrated that she is a party to the underlying criminal case, she is not one of the persons who may file an affidavit of disqualification regarding the case.
{¶ 3} The affidavit of disqualification is dismissed. The case may proceed before Judge Buckwalter.