In re Disqualification of OÂ’Donnell

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[Cite as In re Disqualification of O Donnell, ___ Ohio St.3d ___, 2013-Ohio-5762.] IN RE DISQUALIFICATION OF O DONNELL. THIMMES v. TANEFF. [Cite as In re Disqualification of O Donnell, ___ Ohio St.3d ___, 2013-Ohio-5762.] Judges Affidavits of disqualification R.C. 2701.03 Disqualification not warranted solely because a local attorney is a party in the action Affidavit denied. (No. 13-AP-110 Decided November 22, 2013.) ON AFFIDAVIT OF DISQUALIFICATION in Franklin County Court of Common Pleas Case No. 13-CV-007921. ____________________ O CONNOR, C.J. {¶ 1} Plaintiff Karen G. Thimmes has filed an affidavit with the clerk of this court under R.C. 2701.03 seeking to disqualify Judge Colleen O Donnell and all other Franklin County judges from presiding over any further proceedings in case No. 13-CV-007921, a legal-malpractice action pending in the Court of Common Pleas of Franklin County. {¶ 2} Thimmes claims that defendant Thomas Taneff is an attorney who is personally known by Judge O Donnell and other Franklin County judges and therefore that disqualification is necessary to avoid any appearance of impropriety. Judge O Donnell has responded in writing to Thimmes s affidavit, stating that she has no personal knowledge of any party in the case and affirming that she can fairly and impartially preside over the matter. {¶ 3} Contrary to Thimmes s contention, the fact that a local attorney is a party in an action does not create an appearance of impropriety mandating the sitting judge s removal, unless the judge s relationship with that particular lawyer SUPREME COURT OF OHIO justifies disqualification. See In re Disqualification of Panagis, 74 Ohio St.3d 1213, 657 N.E.2d 1328 (1989). Here, Judge O Donnell denies having any personal knowledge of Taneff, and Thimmes has not offered any evidence establishing a connection between Judge O Donnell and Taneff. {¶ 4} Accordingly, the affidavit of disqualification is denied. The case may proceed before Judge O Donnell. ________________________ 2

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