Opinion
No. 19-AP-132
11-05-2019
IN RE DISQUALIFICATION OF FERENC. The State of Ohio v. Uible.
{¶ 1} Christopher Hicks has filed an affidavit pursuant to R.C. 2701.03 seeking to disqualify Judge Richard Ferenc from presiding over the above-referenced criminal case, now pending for sentencing.
{¶ 2} Mr. Hicks claims that Judge Ferenc should be removed because of his and the defendant's connections to the Clermont County Republican Party.
{¶ 3} R.C. 2701.03(A), however, provides that an affidavit to disqualify a judge may be filed by "any party to the proceeding or the party's counsel." In previous affidavits of disqualification, 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 ; In re Disqualification of Kubilus , 155 Ohio St.3d 1210, 2018-Ohio-5412, 120 N.E.3d 5, ¶ 4 ; In re Disqualification of Gaul , 144 Ohio St.3d 1202, 2015-Ohio-3929, 41 N.E.3d 420, ¶ 6. Here, Mr. Hicks asserts that he filed a private-citizen affidavit pursuant to R.C. 2935.09 that resulted in the filing of the charges against the defendant in the underlying case. However, Mr. Hicks has not demonstrated how he is a "party" or "party's counsel" in the underlying criminal prosecution. Therefore, he is not one of the persons who may file an affidavit of disqualification under R.C. 2701.03(A).
{¶ 4} The affidavit of disqualification is dismissed.