Traverse City Record-Eagle

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August 6, 2010

Judge pulls out of commissioner's case

Nancy Kida says her objectivity is tainted

BEULAH — A Beulah woman's criminal case again was delayed because of her status as an elected county official.

Mary Pitcher, a longtime Benzie County commissioner, planned to plead guilty Thursday to having an open intoxicant in a vehicle and allowing a person with a suspended license to operate her vehicle. Pitcher, 51, also expected prosecutors to dismiss a marijuana possession charge against her, but a Benzie County judge on Thursday recused herself from hearing the case.

Judge Nancy Kida, of 85th District Court, contends she "is biased or prejudiced for or against a party or attorney," court records show.

Pitcher's role as a commissioner gives her the ability to make and vote on budget-related decisions on the county's behalf.

"Just given our position in the county, I don't believe one can objectively try the case," Kida said. "I didn't feel comfortable doing that in this case."

Kida initially asked court officials not to assign her to Pitcher's case, but a last-minute scheduling mishap pegged her as the judge. The state court administrative office plans to select another judge to replace Kida.

The recusal prolongs Pitcher's criminal case that began two months ago, when Benzie County sheriff's deputies arrested her after they found marijuana and an open beer bottle inside her vehicle.

"I wish we could've been through this already," said John Grogan, Pitcher's attorney. "I hope we have this over with by next week. We're just looking forward to resolving all of this and moving on."

The case initially was delayed because Benzie prosecutors asked that charges be considered in another jurisdiction. The state attorney general's office assigned Wexford County prosecutors to handle the case.

Pitcher expected to finalize her plea agreement this week in Beulah, as did Bart Anderson, who drove Pitcher's vehicle the night of her arrest. Anderson, 46, of Beulah, was arrested and charged with marijuana possession and driving on a suspended license.

His license was revoked in 1995, state records show. Anderson planned to plead guilty to marijuana use and driving on a suspended license, in exchange for dismissal of the marijuana possession charge.

Deputies stopped their vehicle along Shorewood Drive after they said Anderson swerved between lanes. Authorities stopped the vehicle and located a bag of marijuana near Anderson's feet and an open beer bottle near Pitcher's feet.

A deputy asked about the bag between Anderson's feet, but Pitcher grabbed it and told him "it's just some trash," police reports show. The substance tested positive for marijuana, deputies said. She didn't respond to calls for comment.

Pitcher was elected to the county board in 1997. She represents Crystal Lake, Platte and Lake townships and serves on the county planning commission.

Don Tanner, county board chairman, doesn't believe Pitcher's criminal charges will affect her stance on budget-related issues.

"As of right now, I'm not seeing anything that would trouble me on that front," Tanner said.

Pitcher was unopposed in her bid to remain on the county commission, but a Frankfort man recently filed for candidacy in the November election.

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