Legal Opinion

In re Disqualification of Olivito

Ohio Supreme Court

Decided August 26, 1994No. Nos. 93-AP-202, 94-AP-078, 94-AP-095 and 94-AP-118PublishedCited by 37 opinions

1Opinion of the CourtMoyer, C.J.

Stephen M. Stern, Prosecuting Attorney of Jefferson County, has filed four affidavits of disqualification, Nos. 93-AP-202, 94-AP-078, 94-AP-095, and 94-AP-118, seeking the disqualification of Judge Dominick E. Olivito, Jefferson County Court of Common Pleas, from presiding in all pending and future cases in which the state or any other party is represented by the prosecuting attorney’s office. The extraordinary relief requested by Stern would preclude Judge Olivito from presiding in any criminal case and those civil cases in which the prosecutor is required by law to represent a party.

In…

2Cases cited2 opinions

Cuyahoga County Bd. of Mental Retardation v. Association of Cuyahoga County Teachers of the Trainable RetardedOhio Court of Appeals · 1975
State v. Baker, Court of Common Pleas of Ohio, Hamilton County1984

3Cited by37 opinions

Simmons v. Goodwill Industries of Akron, Inc.Ohio Supreme Court · 2003
In re Disqualification of O'NeillOhio Supreme Court · 2002
State v. PowerOhio Court of Appeals · 2013
State v. Frazier, Court of Appeals of Ohio, Eighth District, Cuyahoga County2017
State v. EaddieOhio Court of Appeals · 2018

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