Memorandum to Disqualify
Free Memorandum to Disqualify Form
_________________ MUNICIPAL COURT
________________ COUNTY, OHIO
City of ________________
Plaintiff
vs.
____________________
Defendant
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Case No: ________________
Judge: _____________________
AFFIDAVIT OF DISQUALIFICATION OF THE _________________MUNICIPAL COURT JUDGE ___________________
ORC 2701.03 Disqualification of municipal or county judge.
In accordance with Ohio Revised Code Section 2701.03.1, the Defendant moves to disqualify Judge ________________________ of the ______________ Municipal Court for the reasons set forth in the accompanying Affidavit of Disqualification and Memorandum in support.
The clerk of this Court is herein directed to accept the affidavit pursuant Ohio Revised Code Section 2721.03.1(C)(1)(B) [1].
Respectfully submitted by:
Name: __________, Pro Se
Street :_________________
City: ____________OH
Zip: ________
Phone: ______________
[1] (C) (1) Except as provided in division (C)(2) of this section, when an affidavit of disqualification is presented to the clerk of a municipal or county court for filing under division (B) of this section, the clerk shall enter the fact of the filing on the docket in that proceeding and shall provide notice of the filing of the affidavit to one of the following:
(a) The presiding judge of the court of common pleas of the county;
(b) If there is no presiding judge of the court of common pleas of the county, a judge of the court of common pleas of the county.
MEMORANDUM IN SUPPORT OF DISQUALIFICATION
OF JUDGE _________________________OF THE ______________________MUNICIPAL COURT
Ohio Revised Code Section 2701.03.1 provides the exclusive remedy for disqualification of a Municipal Court judge on the basis of interest, bias, or prejudice or where disqualifications is otherwise appropriate. The Ohio Code of Judicial Conduct provides that a judge “shall disqualify himself or herself in a proceeding in which a judge’s impartiality might reasonably be questioned”. (Canons 3, 4). The Code of Professional Responsibility similarly requires attorneys and Judges to promote the public confidence in the legal system and to avoid even the appearance of impropriety. (DR9-101).
In this present case, there is currently no scheduled hearing date.
Defendant was scheduled for arraigned on _____________, 20___.
EXPLAIN WHAT HAPPENED AND WHY THERE IS A BIAS OR PREJUDICE
Code of Judicial Conduct, Canon 3(B)(4)
“A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, and of staff, court officials, and others subject to the judge's direction and control.”
The Court is not patient, dignified, or courteous. The Court relied on her previous prejudice of Defendant to effectively violate Defendants proceedings by failing to inform the defendant of any of his rights as required by _______________. Defendant believes that the action of the court border on the edge of malicious prosecution.
In view of the foregoing, the participation in this case by Judge _____________________ might reasonably cause questions of the
fairness of the proceedings. “The law requires not only an impartial judge but one who appears impartial to the parties and the public” In Re
Disqualification of Corrigan, 05-AP-59 July 11, 2005. To dispel any concerns on this issue, Defendant respectfully requests a disinterested
justice appoint a disinterested sitting judge from an adjoining City or County.
CERTIFICATE OF SERVICE
A copy of the foregoing was served upon all parties of record in this matter on _____________ ____, 20____.
_______________________________
Name: