In Re Disqualification of Kimbler

I agree that there is no immediate appeal when the presiding judge does not find grounds for disqualification. I also agree that this may be an assignment of error on direct appeal from a conviction and, if disqualification is demonstrated by the record, may be grounds for reversal. Having said that, and having determined that this appeal should be dismissed, we should say no more.

I am not yet convinced that the mere filing of an affidavit of prejudice necessarily divests the trial judge of authority to proceed. See Cleveland v. White Properties, Inc. (1985), 28 Ohio App. 3d 37, 28 OBR 47,…