MUSKINGUM COUNTY, Ohio (WCMH) – A Muskingum County judge has been disqualified from two cases after failing to put COVID-19 precautions in place in his courtroom.

Judge Mark Fleegle has been disqualified from two jury trials scheduled to begin this month.

According to an affidavit filed by one of the defense lawyers in those cases, Harry R. Reinhart, Fleegle “conducts all hearings in person rather than by remote technology and that he does not mandate facial coverings.”

When Reinhart objected in the courtroom to Fleegle’s behavior, the judge dismissed the objection by saying the recommendations weren’t mandatory and that his large courtroom allowed for social distancing, according to the affidavit.

Fleegle said he has since implemented some recommended changes, including everyone will wear masks except when the judge is on the bench, witnesses are testifying, and attorneys are permitted to lower their masks when speaking. In addition, Fleegle social distancing will be observed  and courthouse staff will continue taking the temperatures of anyone who enters the courthouse, according to the affidavit.

Fleegle adds that anyone who is uncomfortable with the requirements, including potential jurors, will be permitted to leave, according to the affidavit.