STATE, EX REL. GREEN v. TILTON

No. 81-1403.

1 Ohio St. 3d 54 (1982)

THE STATE, EX REL. GREEN, v. TILTON, AUDITOR, ET AL.

Supreme Court of Ohio.

Decided July 21, 1982.


Attorney(s) appearing for the Case

Messrs. Rathman, Elliott & Boyd, Mr. George H. Elliott, Carl Morgenstern Co., L.P.A., and Mr. Carl Morgenstern, for relator.

Mr. John F. Holcomb, prosecuting attorney, and Ms. Victoria Daiker, for respondents.


CLIFFORD F. BROWN, J.

Relator was disqualified from acting as judge pursuant to Gov. R. VI(1)(b) which provides:

"A judge is disqualified from acting as a judge while there is pending an indictment or an information charging him in the United States with a crime punishable as a felony under state or federal law."

The sole issue presented herein is whether a judge who has been thus disqualified is, nevertheless...

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