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Herakovic v. Catholic Diocese
Citations: 101 Ohio St. 3d 1223; 803 N.E.2d 822Docket: No. 03-AP-083
Court: Ohio Supreme Court; September 15, 2003; Ohio; State Supreme Court
Jay Milano, counsel for the plaintiff, filed an affidavit seeking the disqualification of Judge Nancy McDonnell from a case involving allegations of sexual abuse against a priest or employee of the Catholic Church and the Cleveland Diocese. Milano asserts that Judge McDonnell's membership in the Catholic Church creates a conflict of interest. Judge McDonnell refutes any claims of bias linked to her religious affiliation. The precedent set in *In re Disqualification of Fuerst* (1996) is cited, where disqualification was not granted under similar circumstances involving a judge affiliated with a religious organization. The affiant did not present evidence of bias or a distinct reason to deviate from this precedent. Consequently, the affidavit of disqualification is denied, and the case will proceed before Judge McDonnell.