Judge Mingo recuses herself from Greyhound case after improper call from Mayor Ginther

Franklin County Environmental Court Judge Stephanie Mingo has disqualified herself from a case to determine if a Greyhound bus station can continue to operate in the Hilltop area because of an October phone call from Columbus Mayor Andrew Ginther.

"Out of an abundance of caution," Mingo on Monday recused herself from the case, stating that to continue would create the impression of a conflict of interest after she was contacted by Ginther on Oct. 11.

According to a transcript of court records during a hearing following the cellphone call, Ginther told Mingo that "this Greyhound station is a problem for the community," and that "We really need you to do the right thing for the community and shut it down."

Within 24 hours, Mingo had alerted the city of Columbus and both the Greyhound and Barons bus companies that operate the station of Ginther's call, considered to be ex parte communication which is generally prohibited in court cases because they can allow one side of a case to influence the judge without giving the other side a chance to offer a rebuttal.

In the transcript of the hearing Mingo held in October to report the call, she said she told Ginther that she appreciated his concern for the community, but that it was an open case and "any discussion would be an ethics violation."

Ginther's office has declined to comment on the matter, citing pending litigation and referring all questions to City Attorney Zach Klein's office. Klein's office also has declined comment.

Attorney Joe Miller, who represents Barons Bus, one of two companies operating the bus terminal, had argued that Ginther's call showed that the city of Columbus — in its attempts to shutter the new bus terminal that opened last summer — has "unclean hands" because the mayor improperly contacted the judge to get the outcome he wanted.

Miller has said that Barons is motivated to work with the city to mitigate any problems while continuing to operate at the formerly vacant gas station on North Wilson Road, located just south of Interstate 70.

As a result of Mingo's recusal from the case, the Franklin County Municipal Court will contact the Ohio Supreme Court to appoint a visiting judge. The likely lengthy process to review the case could take months for resolution, during which the bus terminal will continue to operate.

On Tuesday, Gary Dumm, a retired judge of the Circleville Municipal Court, was assigned to preside over the case.

Despite documents that appear to show Ginther's administration approving the terminal earlier this year, the city has indicated it supports neighbors who say the bus station has caused disruptions, noise, traffic and crime in the area.

dnarciso@dispatch.com

This article originally appeared on The Columbus Dispatch: Judge Mingo disqualifies self Greyhound case, citing Ginther call