Attorneys for the assistant prosecutor, whom we are not naming, filed an affidavit of disqualification this week targeting retired Franklin County Judge Richard Frye. Judge Frye was assigned to hear the case after the accuser filed for a civil protection order against the Delaware County judge, who has since taken a voluntary leave of absence during the investigation.
The motion alleges that Judge Frye has a professional relationship with the accused judge that compromises his neutrality. According to the court filing, the attorneys claim Judge Frye has been a “close colleague” of the accused, having previously served as a visiting judge in his courtroom.
This professional proximity, the motion argues, led to “partiality” during the initial November hearing on the civil protection order. While Judge Frye ultimately granted a preliminary protection order, the accuser’s legal team contends that the visiting judge appeared unduly concerned with the potential damage to the accused judge’s career and reputation.
Furthermore, the affidavit questions the decision to allow the proceedings to be open to the public. The attorneys assert that what should have been an ex parte (confidential) matter quickly “became a public spectacle,” raising concerns about the handling of sensitive evidence and the privacy of the accuser.
Prior to elevating the issue to the state’s highest court, the attorneys sent a letter to Judge Frye asking him to voluntarily step aside, a request he swiftly rejected.
In his response, Judge Frye defended his actions and impartiality, stating, “I do not believe my rulings were incorrect or my questioning was one-sided,” and confirming that he had “no reason to disqualify myself.”
The entire proceeding is now on hold pending a decision from the Ohio Chief Justice regarding the motion for disqualification. The outcome will determine which judicial officer presides over the crucial, upcoming hearing on the permanent civil protection order.