Craig
T. Conley, Esq.
220 Market Avenue South
Suite 604
Canton, Ohio
44702-2180
Re: In re Candidacy of George T. Maier / Protest Filed by Cynthia Balas-Bratton
Dear Mr. Conley:
This
is a response on behalf of Deametrious St John, to your request that
Mr. St John abstain from voting on or otherwise participating in the
hearing of the protest filed by your diem, Cynthia Balas-Bratton.
As
an initial matter, the law accords a presumption of impartiality to
Mr. St John in the exercise of his duties as a member of the Stark
County Board of Elections in hearing the protest filed by your
client. See In re Disqualification of Celebrezze, ... There is a presumption of honesty and integrity on the part of an
administrative body unless there is a showing to the contrary, and
the party alleging a disqualifying interest bears the burden of
demonstrating that interest to a reviewing court Ohio Stale Bd of
Pharmacy v. Poppe ... .
I must point out that merely because Mr. St. John joined the majority
of voting members of the Stark County Democratic Centra) Committee in
appointing Mr. Maier to the office of Stork County Sheriff does not
constitute evidence of bias. The rule has long been that the outcome
of a judicial proceeding alone may not stand as proof of bias or
partiality Meadowbrook Care Cir v. Ohio DepL of Job A
Family Servs ... . Similarly, the outcome
of the votes of the Stark County Democratic Central Committee (in
which Mr. St. John voted with the majority) in the discharge of its
official duties under R.C 305 02(B) may not stand as proof of bias or
partiality.
You
have raised a due process argument in relation to your request that
Mr. St John abstain. However, a substantial showing of personal bias
is required to disqualify a hearing officer or to obtain a ruling
that the bearing is unfair. Staschak v. State Med. Bd of
Ohio, ... . "The term 'bias or prejudice' implies
a hostile feeling or spirit of ill-will or undue friendship or
favoritism toward one of the litigants or his attorney, with the
forrnation of a fixed anticipatory judgment on the part of the judge,
as contradistinguished from an open state of mind which will be
governed by the law and the facts." tn re Disqualification of
Hunter, ... .
The
attached Affidavit of Deametrious St John affirmatively refutes any
allegation that Mr. St. John has personal bias in this matter Mr. St.
John has no hostile feeling, spirit of ill-will, undue friendship or
favoritism toward one of the parties or their attorneys. He has not
formed a fixed anticipatory judgment and instead is approaching the
protest with an open state of mind which will be governed by the law
and the facts. Mr. St. John fully intends to fulfill his duty to
render a fair and impartial judgment upon the protest filed by
Cynthia Balas-Bratton.
For
the above reasons, and based upon the attached Affidavit, Mr. St John
respectfully declines your request that he abstain from voting on or
otherwise participating in the hearing of the protest. (emphasis added by SCPR)
THE OKEY LAW FIRM LPA.
SPO/klf
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