How did Chief Justice not recuse himself?

I understand that Ohio Chief Justice Thomas Moyer dismissed Cliff Arnebeck's first petition to contest the presidential election results, which also included a contest of the election of the chief justice himself to the Supreme Court. How can any judge in America refuse to recuse himself in a lawsuit in which he has been named a defendant? That clearly violates the 14th Amendment's due process right to a "fair tribunal." How can this be?

  Charles Reed
(former mayor of Waco, Texas)