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Blue Durham Props., L. L.C. v. Krantz (In re Russo)
Citations: 123 N.E.3d 1043; 156 Ohio St. 3d 1201; 2018 Ohio 5457Docket: No. 18-AP-132
Court: Ohio Supreme Court; December 3, 2018; Ohio; State Supreme Court
Stephen P. Hanudel, counsel for the defendants, filed an affidavit to disqualify Judge Nancy Margaret Russo from further proceedings in the case, asserting that she is biased against him and his clients. Judge Russo denied any bias. The court noted that disqualifying a judge is an extraordinary remedy, and a presumption exists that judges act impartially unless compelling evidence is presented otherwise. Hanudel's claims primarily stem from Judge Russo's conduct during a January 2017 sanctions hearing, where he alleged she yelled at him, falsely accused him of challenging another judge's professionalism, and exhibited partiality towards the plaintiff. However, the court found that, while the hearing transcript indicated tension, it did not convincingly demonstrate bias. Judge Russo's belief that Hanudel engaged in frivolous conduct was affirmed on appeal, and judges are permitted to express dissatisfaction with improper attorney tactics, provided it maintains public confidence in judicial integrity. In a supplemental affidavit, Hanudel contended that Judge Russo showed bias by issuing an entry after his disqualification affidavit was filed, violating R.C. 2701.03(D). The statute states that if a disqualification affidavit is accepted, the judge loses authority to preside until a ruling is made. However, as previous affidavits against Judge Russo by Hanudel's client had been denied, she retained authority to proceed with the case. Hanudel also argued that Judge Russo's threat to strike his motion for not providing a "courtesy copy" indicated bias, but there was no record of the motion being struck. Ultimately, the court denied the affidavit of disqualification.