In re Disqualification of Swenski

{¶ 1} Kreig J. Brusnahan, counsel for defendant, has filed an affidavit with the clerk of this court under R.C. 2701.03 seeking to disqualify Judge Lisa I. Swenski from serving on the three-judge panel in case No. 12CR084976, a capital case pending in the Court of Common Pleas of Lorain County.

{¶ 2} Brusnahan claims that his co-counsel recently overheard Judge Swenski’s husband, who is a practicing attorney in Lorain County, conversing with an assistant prosecutor assigned to the underlying case. According to Brusnahan, his co-counsel heard the judge’s husband make a comment similar to the…