In re Disqualification of Bates

{¶ 1} Merle R. Dech Jr. and Mark C. Geudtner, counsel for defendant Cameo Pettaway, have filed a joint affidavit with the clerk of this court under R.C. 2701.03 seeking to disqualify Judge James D. Bates from presiding over any further proceedings in case No. CR11-2645, a death-penalty case now pending in the Court of Common Pleas of Lucas County.

{¶ 2} Affiants allege that the disqualification of Judge Bates is necessary to assure their client’s rights to due process and a fair and rehable trial under the United States and Ohio Constitutions. According to affiants, the judge’s impartiality…