Opinion · Ohlaw Ohio

IN RE DISQUALIFICATION OF BASINGER, 36 Ohio St.3d 605 (1988)

522 N.E.2d 459

Type
Opinion
Court
Ohlaw Ohio
Jurisdiction
Ohlaw
Date
1988-02-17
Topic
general

IN RE DISQUALIFICATION OF BASINGER, 36 Ohio St.3d 605 (1988) 522 N.E.2d 459 IN RE DISQUALIFICATION OF BASINGER: STUDER ET AL. v. HEETER. No. 88-AP-030Supreme Court of Ohio. Decided February 17, 1988. Judges — Affidavit of disqualification — Vague and unsubstantiated allegations insufficient — Affidavit filed solely to obtain a delay could result in appropriate sanctions.

Citator

UpLaw has not yet analyzed IN RE DISQUALIFICATION OF BASINGER, 36 Ohio St.3d 605 (1988). The absence of a flag is not a finding that it is good law.

IN RE DISQUALIFICATION OF BASINGER,36 Ohio St.3d 605(1988)
522 N.E.2d 459
IN RE DISQUALIFICATION OF BASINGER: STUDER ET AL. v. HEETER.
No. 88-AP-030
Supreme Court of Ohio.
Decided February 17, 1988.
Judges — Affidavit of disqualification — Vague andunsubstantiated allegations insufficient — Affidavit filedsolely to obtain a delay could result in appropriatesanctions.
ON AFFIDAVIT OF DISQUALIFICATION.
MOYER, C.J.,
The affidavit of disqualification filed herein alleges unspecified and unsubstantiated denial of rights as a citizen to plaintiff, Thomas G. Studer, as grounds for the disqualification of Judge Randall L. Basinger in case No. 87 CIV 540 in the Court of Common Pleas of Allen County.

These vague allegations are wholly without merit and are insufficient on their face for a finding of bias or prejudice.

Furthermore, this affidavit, like other affidavits of disqualification filed by this affiant, appears to have been filed solely to obtain a delay of the scheduled hearing. It is also observed that this affidavit contains language nearly identical to that found in a number of previous affidavits from Allen County. Affidavits filed to obtain a delay are an abuse of the purpose for which R.C.2701.03is intended, are a waste of judicial resources, and, if repeated, could result in appropriate sanctions being imposed against an offending person.

The affidavit filed herein is found not well-taken and is hereby dismissed.