While recusal proceedings keep Superior Court Judge James Bodiford from hearing the Tri-State Crematory criminal case for now, he has been appointed to preside over civil suits on the same matter.

Attorney Ken Poston has been trying to have Bodiford recused since he took the bench in March. Poston represents Brent Marsh, accused of taking bodies for cremation and accepting money but not performing the service.

The Georgia Court of Appeals recently denied the request to overturn the lower court’s decision that Bodiford remain on the bench. Poston is taking the appeal to the state Supreme Court.

As of Wednesday, Poston had not received the filing, but said “it goes without saying the some of the same issues of concern exist.”

If Poston’s history with Bodiford regarding the crematory case remains true, the defense will ask for Bodiford’s recusal in the civil cases.

The court order appointing Bodiford “to hear and preside over any civil matter regarding Tommy Ray-Brent Marsh or the Tri-State Crematory, Inc. filed in Walker County Superior Court” was filed Wednesday by Seventh Judicial District Administrative Judge Robert James