Triplett v. Stockmeister (In re Regan)

• Docket Number: s. 24-AP-145,24-AP-146
• Decision Date: 18 October 2024
• Citation: 177 Ohio St.3d 1248
• Parties: In re Disqualification of Regan. Triplett v. Stockmeister et al. The State of Ohio v. Triplett.
• Court: Ohio Court of Common Pleas

177 Ohio St.3d 1248

In re Disqualification of Regan.

Triplett v. Stockmeister et al.

The State of Ohio v. Triplett.

[Cite as In re Disqualification of Regan, 2024-Ohio-6138.]

Judges—Affidavits of disqualification—R.C. 2701.03—Affiant failed to demonstrate that judge should be disqualified to avoid appearance of impropriety based on judge’s alleged political and personal connections with an interested party in underlying litigation, judge’s alleged mishandling of proceedings in underlying litigation, and coarse language used by judge—Disqualification denied.

(Nos. 24-AP-145 and 24-AP-146—Decided October 18, 2024.)

On Affidavits of Disqualification in Jackson County Court of Common Pleas, General and Domestic Relations Division, Case Nos. 24 CIV 0068 and 24 CR 0001.

Kennedy, C.J.

{¶ } Aaron M. McHenry, counsel for Kenneth Triplett, the plaintiff in the underlying civil case and the defendant in the underlying criminal case, has filed a third and fourth affidavit of disqualification pursuant to R.C. 2701.03 seeking to disqualify Judge Christopher J. Regan of the Jackson County Court of Common Pleas, General and Domestic Relations Division, from presiding over the underlying cases.

{¶ } Triplett filed the first and second affidavits of disqualification on August 7, 2024, and they were dismissed on September 10 because they failed to meet the requirements for an affidavit. See Supreme Court case Nos. 24-AP-118 and 24-AP-119. Judge Regan filed responses to McHenry’s third and fourth affidavits of disqualification.

{¶ } As explained below, McHenry has not established that Judge Regan should be disqualified. Therefore, the third and fourth affidavits of disqualification are denied. The cases shall proceed before Judge Regan.

Trial-Court Proceedings

{¶ } The relevant proceedings in the underlying cases were summarized in the decision dismissing the first and second affidavits of disqualification. See In re Disqualification of Regan, Nos. 24-AP-118 and 24-AP-119. In the underlying civil case, Triplett sued Alan Stockmeister and others, alleging causes of action for corrupt activities and fraud, among other claims. In the underlying criminal case, Stockmeister is the alleged victim of the charged offenses.

{¶ } After the first and second affidavits of disqualification were dismissed, McHenry, on September 17, 2024, filed the third and fourth affidavits of disqualification seeking Judge Regan’s disqualification in the underlying cases.

Affidavit-of-Disqualification Proceedings

{¶ } R.C. 2701.03(A) provides that if a judge of the court of common pleas "allegedly is interested in a proceeding pending before the court, allegedly is related to or has a bias or prejudice for or against a party to a proceeding pending before the court or a party’s counsel, or allegedly otherwise is disqualified to preside in a proceeding pending before the court," then that party or the party’s counsel may file an affidavit of disqualification with the clerk of this court.

{¶ } Before considering McHenry’s allegations against Judge Regan, a preliminary matter must be addressed: whether McHenry’s affidavits are sufficient under Ohio law. A portion of each of them is not.

Requirements of an Affidavit

{¶ } This court has long held that "an affidavit must appear on its face to [be] … in compliance with all legal requisitions." Benedict v. Peters, 58 Ohio St. 527, 536 (1898). In Ohio, an affidavit is a "written declaration [made] under oath." R.C. 2319.02. As such, an affidavit is a form of written testimony. See Wallick Properties Midwest, L.L.C. v. Jama, 2021-Ohio-2830, ¶ 18 (10th Dist.). A party may present a witness’s testimony to a court only if "evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter." Evid.R. 602. A witness is traditionally " ‘incompetent’ to testify to any fact unless he or she possesses firsthand knowledge of that fact." Weissenberger, Weissenberger’s Ohio Evidence Treatise, § 602.1 (2024); see also State v. Fears, 1999-Ohio-111, ¶ 36 (testimony not based on personal knowledge held to be inadmissible). Therefore, "statements contained in affidavits must be based on personal knowledge." Carkido v. Hasler, 129 Ohio App.3d 539, 548, fn. 2 (7th Dist. 1998); see 2A C.J.S., Affidavits, § 46, at 285-287 (2023); see, e.g., Civ.R. 56(E), S.Ct.Prac.R. 12.02(B)(2).

{¶ } "‘Personal knowledge’ is ‘[k]nowledge gained through firsthand observation or experience, as distinguished from a belief based on what someone else has said.’" (Bracketed text in original.) Bonacorsi v. Wheeling & Lake Erie Ry. Co., 2002-Ohio-2220, ¶ 26, quoting Black’s Law Dictionary (7th Rev.Ed. 1999). It follows that ‘"[o]ne who has no knowledge of a fact except what another has told him cannot, of course, satisfy the … requirement of knowledge from observation.’" Dublin City School Dist. Bd. of Edn. v. Franklin Cty. Bd. of Revision, 1997-Ohio-327, ¶ 12, quoting 1 McCormick, Evidence, § 10, at 40 (4th Ed. 1992).

{¶ } Because some of the averments fail to meet the requirement for testimony from personal knowledge and some are based on hearsay in newspaper articles, the following paragraphs of McHenry’s third and fourth affidavits of disqualification are stricken: paragraph 31, paragraph 33, the second sentence of paragraph 43, paragraphs 55 and 56, paragraphs 58 through 60, and paragraphs 62 through 66. See State ex rel. Mun. Constr. Equip. Operators’ Labor Council v. Cleveland, 2007-Ohio-3831, ¶ 38, 41; State ex rel. Am. Civ. Liberties Union of Ohio, Inc. v. Cuyahoga Cty. Bd. of Commrs., 2011-Ohio-625, ¶ 30. This decision now turns to the merits of the allegation.

Allegation against Judge Regan

{¶ 11} McHenry alleges that Judge Regan should be disqualified to avoid the appearance of impropriety. He provides three bases in support of that allegation, which can be categorized as the judge’s political and/or personal connections with an interested party in the underlying litigation, the judge’s mishandling of the proceedings in both the underlying civil case and the underlying criminal case, and the coarse language used by the judge.

{¶ 12} As to the claim of the judge’s political and/or personal connections with an interested party, McHenry states that Judge Regan and Stockmeister, a named defendant in the underlying civil case and the alleged victim in the underlying criminal case, are both members of the Republican Party. McHenry asserts that both the judge and Stockmeister are actively involved with the party and contribute financially to it. He claims that recently both Judge Regan and Stockmeister were publicly recognized for donating money to help open a new headquarters for the Jackson County Republican Party. McHenry says that the connections between the judge and Stockmeister create the appearance of impropriety.

{¶ 13} As to the claim that the judge is mishandling the underlying civil matter, McHenry points to the judge’s alleged inaction in that case. McHenry states that the judge’s "failure to do anything significantly affected Mr. Triplett’s ability to effectively pursue his claims and created unnecessary delay." With respect to the underlying criminal case, McHenry argues that Triplett’s bond conditions are overly burdensome and that Judge Regan is "ignoring" the filings in the case. McHenry also points to the judge’s actions related to an expert’s evaluation of Triplett.

{¶ 14} Lastly, McHenry claims that when his paralegal called the judge’s office to ask when Triplett’s bond conditions would be addressed, the paralegal overheard the judge telling his staff that McHenry could "file a fucking motion."

{¶ 15} In response, Judge Regan denies that there is an appearance of impropriety. He admits that he previously attended a fundraising event for Senator Rob Portman that Stockmeister hosted and that he also previously attended a Christmas event sponsored by Stockmeister Enterprises. The judge notes that the events were not intimate affairs. The judge also admits that he donated personal funds to the Jackson County Republican Party for it to purchase a permanent headquarters.

{¶ 16} Judge Regan maintains, however, that he did not accompany Stockmeister to political functions, has not had contact with Stockmeister outside of the courtroom since the underlying litigation began, and has no personal relationship with Stockmeister or any member of Stockmeister’s family.

{¶ 17} The judge contends that the delay in resolving some of Triplett’s motions in the underlying civil case does not establish that disqualification is warranted, and he states that he believed that a ruling on Triplett’s request for injunctive relief needed to wait for a decision on the defense’s motion to dismiss. He also says that he viewed Triplett’s request as lacking merit. He maintains that nothing was improper in his actions related to the expert’s evaluation of Triplett.

{¶ 18} Judge Regan admits to having used coarse language, which he says he did in frustration at a time when he thought McHenry’s paralegal was unable to hear him.

Disqualification of a Common-Pleas-Court Judge

{¶ 19} As explained above, R.C. 2701.03(A) provides two specific grounds and a catchall provision for the disqualification of a judge of the court of common pleas. Granting or denying an affidavit of disqualification turns on whether the chief justice determines that the interest, bias or prejudice, or disqualification alleged in the affidavit exists. R.C. 2701.03(E).

{¶ 20} The burden falls on the affiant to submit "specific allegations on which the claim of interest, bias, prejudice, or disqualification is based and the facts to support each of those allegations." R.C. 2701.03(B)(1). Therefore, "[a]n affidavit must describe with specificity and particularity those facts alleged to support the claim." In re Disqualification of Mitrovich, 2003-Ohio-7358, ¶ 4.

{¶ 21} As stated above, McHenry alleges that Judge Regan should be disqualified to avoid the...