Judge recuses herself from sentencing Stuart Dunnings III

LANSING - An Ingham County judge has recused herself from sentencing former Ingham County Prosecuting Attorney Stuart Dunnings III.

Dunnings, 63, pleaded guilty Aug. 2 to a felony charge of misconduct in office and a misdemeanor charge of engaging in the services of a prostitute. He faces up to five years in prison. He had been charged with 15 prostitution-related crimes, including a 20-year felony.

Ingham County Circuit Court Judge Rosemarie Aquilina granted Wednesday a defense motion asking her to disqualify herself. She said if she had declined to recuse herself, she expected Dunnings' attorneys would appeal her decision to Chief Judge Janelle Lawless, and she would ultimately be removed from the case.

Complete coverage: Criminal charges against Stuart Dunnings III

"I have always felt, which is why I (initially) retained this case, one of the reasons, that each county should handle their own problems," she said. "That's why we have jurisdictions. I understand the appearance of impropriety, but I believe that I can be fair and impartial."

Both Dunnings and his attorney, Mike Hocking, declined to comment after the hearing.

"Clearly, the defendant's admitted conduct casts a stain on the criminal justice system in this county," Hocking told Aquilina during Wednesday's motion hearing. "We're not going to stand here and say that that did not happen."

He added that if Aquilina kept the case, no matter what she did could lead a reasonable person to believe that that "stain might have extended into the judicial branch."

Other circuit judges in Ingham County had already recused themselves from the case as they did with the Dunnings' divorce case, which Aquilina still presides over. The State Court Administrative Office will assign the criminal case to a new judge.

Dunnings' sentencing is scheduled for Nov. 10 but that could change when a new judge is assigned.

Schuette: Dunnings paid for sex 'hundreds of times'

Contact Matt Mencarini at (517) 267-1347 or mmencarini@lsj.com. Follow him on Twitter@MattMencarini.