By STEPHANIE BEECKEN
6 News Reporter
KNOXVILLE (WATE) - Another district attorney general will take over the indecent exposure case against Knox County Commissioner Jeff Ownby following a recusal by the Knox County DA's office.
Police arrested Ownby, 45, and John F. McCracken, 53, of Powell, on May 24 at Sharp's Ridge Memorial Park on charges of indecent exposure. McCracken was also charged with criminal trespass.
Ownby was scheduled to be in court Tuesday, but it was reset to July 11.
Knox County Judge Tony Stansberry recused himself from the case Tuesday.
The Knox County DA's office recused itself from the case due to a conflict of interest. DA's office spokesman John Gill says it's standard procedure to get a district attorney from another county to handle a case involving an official with budget oversight.
According to Lincoln Memorial University assistant law professor Richard Gaines, a judge from outside Knox County may have to hear the case.
However, Ownby is charged with a misdemeanor. Gaines says it's rare that the generals sessions court has to use a judge and a DA from another county.
"It's not normally done in general sessions court. Judges will normally recuse themselves from courts of record, that's circuit court and criminal court. Then there's a process that probably the general sessions judges will use as a guideline as well," Gaines said.
Ownby's attorney, Greg Isaacs, said his client is on vacation Tuesday.
The commissioner has said he won't resign from office.
Gaines says starting in July, judges will have to put their reason for recusing themselves on the record. Currently, the reason doesn't have to be recorded.
Commissioner Jeff Ownby
