Recusal or Disqualification of a Justice

(A) Definition As used in this rule, “justice” means the Chief Justice or any justice of the Supreme Court or any judge of the court of appeals assigned to sit in place of the Chief Justice or a justice pursuant to Article IV, Section 2 of the Ohio Constitution. (B) Request to recuse (1) A party to a case pending before the Supreme Court or the counsel for a party may request the recusal of a justice by filing a request with the Clerk of the Supreme Court. The request shall be in the form of a letter addressed to the Clerk that includes the name and number of the case and the name of the justice whose recusal is being requested. The letter shall be accompanied by an affidavit, signed by the party or party’s counsel, that includes the specific basis for the recusal request and facts in support of the request. The filing party shall serve the letter and affidavit as required by Rule 3.11(D). 32 The request for recusal shall be filed promptly when a party or party’s counsel (2) becomes aware of the existence of a basis for recusal. In a case in which oral argument is scheduled, the request for recusal shall be filed no later than fifteen days before the date of oral argument, except with leave of court. (3) A friend of the court shall not file a request for recusal. The Clerk shall refuse to file a request for recusal if it is illegible or fails to comply (4) with the requirements of this rule. (C) Response to request The justice named in the request shall submit a written response to the Clerk indicating whether the justice will recuse from the case. The response of the justice shall be provided to the Clerk as soon as practicable. The Clerk shall file the response of the justice and serve a copy on all parties to the case. (D) Disclosure to parties of a potential basis for disqualification; waiver (1) A justice who believes there may be a basis for disqualification under Jud.Cond.R. 2.11 may disclose the basis for the disqualification and may ask the parties, exclusive of a friend of the court, to consider whether to waive disqualification. The disclosure and request shall be made in writing and submitted to the Clerk. The Clerk shall file the disclosure and request and serve a copy on all parties to the case. The parties shall file responses with the Clerk within fifteen days after the (2) disclosure and request are filed. The failure of a party or counsel to respond timely to a disclosure and request shall be considered a waiver of disqualification. Effective Date: April 1, 2011 Amended: January 1, 2013; January 1, 2023; April 1, 2025