Beer v. Griffith

In Beer v. Griffith (1978), 54 Ohio St. 2d 440, 441-442, 377 N.E.2d 775, the Supreme Court did not consider the issue of the appealability of a decision concerning disqualification. In that case, the issue of disqualification was raised for the first time on appeal, not by the party appealing the case, but by a judge of the Court of Appeals during oral argument. The appellate court subsequently held that the trial judge was disqualified from hearing the case and declared the trial court's judgment void. The Supreme Court reversed, finding that the Court of Appeals was without authority to pass upon disqualification or to void the judgment of the court on that basis because only the Chief Justice or his designee may hear disqualification matters concerning a Common Pleas Court judge. Id. The application of the Supreme Court's ruling in Beer to the jurisdiction of a Court of Appeals to consider a direct appeal of a disqualification order decided by a Common Pleas Court judge in response to a motion to disqualify a municipal court judge pursuant to the statutory procedure, is not clear.