Investigation lingers year after Columbus mayor’s call to judge over problematic bus depot
It has been one year since a Franklin County Municipal Court judge says Columbus Mayor Andrew Ginther called her cellphone and asked her to side with the city in a case over a problematic West Side inter-city bus terminal.
Generally, advocating to a judge outside the courtroom is prohibited and considered an ex parte communication. A year later, the investigation into the call lingers.
On Oct. 11, 2023, Ginther told Environmental Judge Stephanie Mingo that the bus terminal was a problem for the community and Mingo needed to do the right thing, Mingo has said in court. At the time, the city was fighting to close the bus terminal on Wilson Road that serves Barons Bus and Greyhound lines after neighbors complained about crime, litter, traffic and other problems.
Ten months ago, Columbus City Attorney Zach Klein appointed Whitehall City Attorney Brad Nicodemus as special prosecutor to investigate the phone call and possible charges.
Nicodemus did not return phone calls from The Dispatch this week seeking an update on the case.
Asked if Ginther has been interviewed yet as part of the investigation, the mayor's spokesperson, Melanie Crabill, said, "We cannot comment on a pending investigation."
Klein told The Dispatch he does not know the status of the investigation because Nicodemus was appointed to act independently.
"He is truly running the show, gathering the facts, looking at the law," Klein said. "It's his call to make, one way or the other. I'm completely out of it as far as the decision-making goes."
Klein said appeals filed by Ginther's former opponent for mayor, Joe Motil, challenging Klein's authority to appoint the special prosecutor may be holding up the case. Motil argued in Franklin County Common Pleas Court that a judge should select the special prosecutor.
Common Pleas Court Judge Stephen McIntosh ruled Klein does have the authority. Motil appealed to the 10th District Court of Appeals, which agreed with McIntosh. Last week, Motil appealed to the Ohio Supreme Court, which has not announced if it will take the case.
Mark R. Weaver, a former Ohio Deputy attorney general who has served as a special prosecutor in more than a dozen counties around the state, said prosecutors like Klein typically appoint special prosecutors when they have a conflict of interest. Weaver doesn't foresee Motil's appeal being successful.
"It's possible that a special prosecutor would pause his work to see whether his appointment is going to be overturned but the appellate process is so long that that would be a long pause, almost an unacceptable pause," Weaver told The Dispatch.
Weaver said it's possible Ginther could face a charge like obstructing official business , a second-degree misdemeanor punishable by up to 90 days in jail and a $750 fine.
"(As special prosecutor,) I would tell my investigator to find out if the substance of the call was to obstruct the judge from giving fair treatment to the defendant," Weaver said. "If the purpose of the call was to obstruct the judge from giving fair treatment to the defendant, that's a potential problem under the obstructing official business statute."
Nicodemus could also potentially make a referral to the Ohio Ethics Commission, Weaver said.
Weaver said special prosecutors often take longer because every special prosecutor has another full-time job.
Jodi Andes, a spokesperson for the Franklin County Municipal Court, previously told The Dispatch that there is no disciplinary action against Mingo. The Ohio Disciplinary Counsel dismissed a complaint against Mingo that a local blogger, Donald J. Byrnes, filed, according to a letter he posted pictures of online.
Mingo initially said she ended the call quickly and informed the city and bus companies "an elected official" called her. Only after the Nov. 7 election, when Ginther defeated Motil to gain reelection, did Mingo reveal who that elected official was. According to Andes, the bus companies only asked officially after the election on Nov. 13 for Mingo to disclose the name of the caller.
What's happening with the bus terminal
Retired Judge Gary Dumm is presiding over the bus terminal case after Mingo recused herself in December.
In May, Klein's office reached an agreement with the bus companies to discontinue pickups and drop-offs at the location within 120 days and convert the station to transfers only. Under the agreement, pickups and drop-offs will move to two existing locations, John Glenn Columbus International Airport and a location on Ohio State University's campus, and a third location. Klein's office and the bus companies are still working on finalizing that third location.
Pete Shipley, a spokesperson for Klein's office, said the bus companies are eying a downtown location on Mound Street between Fourth Street and Grant Avenue. The entire north side of the roadway there is already reserved for bus stopping only, Shipley said.
Last month, Dumm granted the bus companies' request, over the city's objection, to extend their deadline to convert the Wilson Road terminal and select a third location to the beginning of January.
Klein said he was frustrated by the delay but he's optimistic that this will be the last extension the bus companies need.
This article originally appeared on The Columbus Dispatch: Investigation into Ginther's call to judge overs bus terminal lingers
