Mask Issue Does Not Show Bias

The Ohio Supreme Court (Chief Judge Kennedy) has denied a motion to disqualify a municipal court judge

Albert Thrower, who avers that he is doing business as St. Anthony Church, the defendant in the two underlying cases, has filed an affidavit of disqualification pursuant to R.C. 2701.031 seeking to disqualify Judge W. Moná Scott of the Cleveland Municipal Court, Housing Division, from presiding over the cases. Judge Scott was not asked to file a response to the affidavit of disqualification.

The proceeding

On May 20, 2022, the city of Cleveland filed complaints against St. Anthony Church, charging it with misdemeanor counts of failure to comply with an order of the Cleveland Building Department. At that time, Thrower had registered “St. Anthony Church” as a fictitious name with the Ohio secretary of state. The fictitious-name registration expired November 15, 2022, because Thrower had failed to file a renewal application. On December 22, 2022, Thrower filed articles of incorporation with the secretary of state for St. Anthony Church, Inc.

The disqualification was based on conduct at a zoom hearing

Contrary to Thrower’s contention, Judge Scott did not order him to remove his mask during the January 11 hearing. The judge asked whether he was in a room by himself and whether he wanted to remove his mask. He replied, “Oh, Okay.” The judge merely asked an open-ended question; it was not a directive. Thrower did not inform the judge in response that he was uncomfortable with removing the mask due to any potential health risks. This brief interaction between the judge and Thrower does not support a finding that Judge Scott has hostile feelings or ill will toward Thrower or that the judge has formed a fixed anticipatory judgment on any remaining issue in the underlying cases.

Therefore, this allegation lacks merit.

(Mike Frisch)