Rule 4.04 - Recusal or Disqualification of a Justice(A) Definition As used in this rule, "justice" means the Chief Justice or any justice of the Supreme Court or any judge of the court of appeals assigned to sit in place of the Chief Justice or a justice pursuant to Article IV, Section 2 of the Ohio Constitution.
(B) Request to recuse (1) A party to a case pending before the Supreme Court or the counsel for a party may request the recusal of a justice by filing a request with the Clerk of the Supreme Court. The request shall be in the form of a letter addressed to the Clerk that includes the name and number of the case and the name of the justice whose recusal is being requested. The letter shall be accompanied by an affi davit, signed by the party or party's counsel, that includes the specific basis for the recusal request and facts in support of the request. Notwithstanding the requirements of S.Ct.Prac.R. 3.11(C), the party or counsel filing the request shall provide a copy of the letter and affidavit to all parties to the case.(2) The request for recusal shall be filed promptly when a party or party's counsel becomes aware of the existence of a basis for recusal. In a case in which oral argument is scheduled, the request for recusal shall be submitted to the Clerk no later than fifteen days before the date of oral argument, except with leave of court. (3) An amicus curiae shall not file a request for recusal. (4) The Clerk shall refuse to file a request for recusal if it is illegible or fails to comply with the requirements of this rule.(C) Response to request The justice named in the request shall submit a written response to the Clerk indicating whether the justice will recuse from the case. The response of the justice shall be provided to the Clerk as soon as practicable. The Clerk shall file the response of the justice and serve a copy by certified mail on all parties to the case.
(D) Disclosure to parties of a potential basis for disqualification; waiver(1) A justice who believes there may be a basis for disqualification under Jud.Cond.R. 2.11 may disclose the basis for the disqualifi cation and may ask the parties and their counsel, exclusive of an amicus curiae, to consider whether to waive disqualification. The disclosure and request shall be made in writing and submitted to the Clerk. The Clerk shall file the disclosure and request and serve a copy by certifi ed mail on all parties to the case.(2) The parties and their counsel shall fi le a response with the Clerk within fifteen days of receipt of the disclosure and request. The failure of a party or counsel to respond timely to a disclosure and request shall be considered a waiver of disqualification. Ohio. R. Prac. S. Ct. 4.04
Effective Date:4/1/2011; Amended: 1/1/2013; amended October 4, 2022, effective 1/1/2023.