Judge Thomas Power has disqualified himself from the Clarence Gomery trial.
Gomery – a former prosecutor for Leelanau County – is accused of trying to hire someone in July to kill attorney Christopher Cooke.
Judge Power made the decision at a motion hearing on Friday afternoon. Gomery's attorney filed the motion asking for a new judge because of Power's past involvement in a civil suit between Gomery and Cooke.
Power presided over a 2013 case between the two that is the alleged motivation in the criminal investigation. In that civil suit, Judge Power imposed sanctions on Gomery for hiding and destroying evidence.
Gomery's attorney argued that Power's past sanctions would inevitably come up during the criminal trial, which could make the judge appear biased against the defendant.
Power agreed that this could pose problems and said that he wanted to handle the question early on in the case – rather than after the trial had begun.
Power dismissed several other motions made by Gomery's attorney.
Judge Philip Rodgers will take over the case. The trial is expected to begin in November.