Chief Justice Moyer disqualified Judge Peter Corrigan from hearing motions for a new trial filed by convicted Board of Election workers. Moyer found an appearance of impropriety because an attorney representing Prosecutor Bill Mason, Charles Hannan, Jr., had represented Judge Corrigan in prior matters. Bill Mason was not personally a party to the case, but the defense lawyers subpoenaed him to testify. Attorney Hannan successfully defeated the subpoena.
"I'd say this is new law for when there's a situation between a judge and the county prosecutor, even when he's not a party to a case," Corrigan said. "This ruling provides guidelines for attorneys with potential conflicts of interest." Chief Justice Disqualifies Elections Case Judge by James F. McCarty, The Plain Dealer, May 11, 2007.
The election workers were convicted of crimes in connection with rigging a 2004 presidential race.
To read the opinion: Download Corrigan.pdf . Per Ken Kozlowski, Director of the Supreme Court Law Library, disqualification opinions are neither announced or posted to the Ohio Supreme Court's Website. At the end of the year, selected disqualification opinions are published if they are non-routine and make substantial legal rulings.