State ex rel. Pratt v. Weygandt

In my opinion, when an affidavit of prejudice with respect to a common pleas judge such as the affidavit involved in the instant case is filed with the clerk of a Common Pleas Court as it was in the instant ease, the clerk has a mandatory duty to “enter the fact of such filing on the trial docket in such cause and forthwith notify the Chief Justice of the Supreme Court,” who “shall designate and assign some other judge to take the place of the judge against whom such affidavit is filed.” Of course, the Chief Justice is authorized to determine whether the affidavit sets forth the required *472“fact…