Visiting Judge Approved in Wesley Dingus Case; Jury Trial Canceled
MANSFIELD, OH — A visiting judge will be appointed to preside over the criminal case involving former Butler Mayor Wesley Dingus after both the prosecution and defense raised concerns about the appearance of a potential conflict.
Mansfield Municipal Court Judge Michael J. Kemerer granted the joint request Tuesday, July 29, hours before Dingus was scheduled to face a jury trial.
Dingus, who previously held elected office in Richland County, is facing voyeurism charges filed earlier this year. He has pleaded not guilty, and the allegations against him have not been proven in court.
According to court records, the case was assigned to Kemerer on Feb. 19. A jury trial was later scheduled for July 29.
At approximately 3 p.m. Monday, July 28, defense attorney James J. Mayer III notified the court that Dingus intended to withdraw his jury demand. The defense subsequently filed a written motion stating that Dingus planned to waive his right to a jury trial and instead have the case decided through a bench trial.
At about the same time, Mayer and First Assistant Mansfield Law Director Robert J. Sharp III jointly asked the court to request a visiting judge from the Supreme Court of Ohio.
The attorneys said the request was based on Dingus previously holding an elected Richland County position as a member of the same political party as the judge currently assigned to the case.
“Counsel for the parties jointly submit that the appointment of a Visiting Judge from another County would eliminate the appearance of any potential conflict and ensure a just resolution of this case,” the motion states.
Kemerer wrote that he was confident any perception of bias was unfounded. However, he cited provisions of the Ohio Code of Judicial Conduct requiring judges to promote public confidence in the judiciary and disqualify themselves when their impartiality could reasonably be questioned.
“The Ohio Code of Judicial Conduct, and the public trust in the judiciary those rules instill, is of greater importance than the detriment of any brief delay or any pride the Court may have in its own impartiality,” Kemerer wrote.
The judge granted the joint motion and ordered that a visiting judge be appointed.
The scheduled July 29 jury trial did not move forward. Court records included with the filings did not identify the visiting judge or provide a new trial date.
Dingus resigned as Butler mayor in February following the filing of the charges. The case remains pending in Mansfield Municipal Court.
