Ameritrust Co., N.A. v. O'Brien

The affidavit of disqualification herein was filed by Charles William O’Brien seeking the disqualification of Judge William L. Millard from further proceedings in the above-captioned case.

The affidavit was filed on January 16, 1992, and states in paragraph three that a hearing in the case was scheduled for January 17, 1992.

R.C. 2701.03 requires that an affidavit of disqualification be filed at least three days before the scheduled hearing. On its face, the affidavit indicates that it was not timely filed. Nevertheless, the merits of the affidavit will be addressed.

The substance of the…