City of University Heights v. Rothschild

Ohio Court of Appeals

City of University Heights v. Rothschild

751 N.E.2d 551, 141 Ohio App. 3d 443

CourtOhio Court of Appeals

DecidedMarch 19, 2001

DocketNo. 78163.

StatusPublished

Cited by4 cases

This text of 751 N.E.2d 551 (City of University Heights v. Rothschild) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of University Heights v. Rothschild, 751 N.E.2d 551, 141 Ohio App. 3d 443 (Ohio Ct. App. 2001).

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Opinion

Patricia Ann Blackmon, Judge.

This case originated in University Heights. However, the University Heights judge recused and asked the common pleas court’s administrative judge to assign the case to a different municipality. The administrative judge, upon the voluntary disqualification by the University Heights judge, transferred the case to the Lyndhurst Municipal Court. The Lyndhurst trial judge dismissed appellant Edmund Rothschild’s traffic violation charge and assessed the costs to him. He appeals the costs assessment. However, our first concern is jurisdictional.

Historically, this court has held that an administrative judge of the common pleas court on a trial judge’s voluntary disqualification application is without authority to transfer or reassign a case unless specifically authorized by statute. See Bedford v. Lacey (1985), 30 Ohio App.3d 1, 30 OBR 38, 506 N.E.2d 224. We recently followed Bedford v. Lacey in Rocky River v. Hughes (Nov. 22, 2000), Cuyahoga App. No. 76771, unreported, 2000 WL 1739220. There, we held that only the Chief Justice of the Supreme Court of Ohio may reassign a case on a judge’s voluntary disqualification from a case. Id. Consequently, we vacate the Lyndhurst Municipal Court’s decision.

Judgment vacated.

Karpinski, A.J., and Kilbane, J., concur.

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Patricia Ann Blackmon, Judge.

This case originated in University Heights. However, the University Heights judge recused and asked the common pleas court’s administrative judge to assign the case to a different municipality. The administrative judge, upon the voluntary disqualification by the University Heights judge, transferred the case to the Lyndhurst Municipal Court. The Lyndhurst trial judge dismissed appellant Edmund Rothschild’s traffic violation charge and assessed the costs to him. He appeals the costs assessment. However, our first concern is jurisdictional.

Historically, this court has held that an administrative judge of the common pleas court on a trial judge’s voluntary disqualification application is without authority to transfer or reassign a case unless specifically authorized by statute. See Bedford v. Lacey (1985), 30 Ohio App.3d 1, 30 OBR 38, 506 N.E.2d 224. We recently followed Bedford v. Lacey in Rocky River v. Hughes (Nov. 22, 2000), Cuyahoga App. No. 76771, unreported, 2000 WL 1739220. There, we held that only the Chief Justice of the Supreme Court of Ohio may reassign a case on a judge’s voluntary disqualification from a case. Id. Consequently, we vacate the Lyndhurst Municipal Court’s decision.

Judgment vacated.

Karpinski, A.J., and Kilbane, J., concur.

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Bluebook (online)

751 N.E.2d 551, 141 Ohio App. 3d 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-university-heights-v-rothschild-ohioctapp-2001.

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