DETROIT -- A circuit judge has rejected an appeal by the Wayne County Prosecutor's Office to have 36th District Judge Ronald Giles removed from the criminal case against Detroit Mayor Kwame Kilpatrick.

Circuit Judge William Giovan, before making his ruling, differentiated between appearance of impropriety and "actual bias." Giles, he said, cannot be disqualified on the basis of bias, "which everyone can see is not the case."

Wayne County Prosecutor Kym Worthy, in a statement released a few hours after the ruling, said she would take the decision to the Michigan Court of Appeals.

"Appearance of impropriety," the statement said, "is always a relevant ethical standard that must be considered."

"Actual bias is only one-way that a judge can be recused," the statement said. "Here we have overwhelming circumstances and facts that have been presented that undermine the public confidence in the judge assigned to this case, not to mention the fact that Defendant Kilpatrick controls the purse strings of the court. "

This was Worthy's second appeal. The first one was denied by Chief Judge Marylin Atkins. She has called the April 24 refusal by Atkins to remove Giles from Kilpatrick's June 9 preliminary examination "disturbing."

Worthy has cited potential conflicts of interest and asked that an outside judge hear the perjury, misconduct and obstruction of justice case against Kilpatrick and former Chief of Staff Christine Beatty. They are accused of lying under oath during a whistle-blowers' trial last year.

"There were significant reasons to justify his (Giles') not hearing this case," Worthy said in a statement.

Read Prosecutor Kym L. Worthy's Statement On Atkins Ruling

Giles should have put on the court's record a conversation he had with a member of Kilpatrick's executive protection unit about courtroom security prior to the hearing on the prosecutor's motion for disqualification, Worthy said.

Giles also initially didn't tell prosecutors and defense attorneys that Kilpatrick was a guest last year at a graduation party at the judge's home, Worthy added.

"The opinion is sadly incomplete in its failure to address the fact that Judge Giles disclosed these facts only when confronted on the record," Worthy said.

Assistant prosecutors have also pointed to Giles' $300 contribution to a past Kilpatrick political campaign, among other reasons, why he should not hear the case.

Also, members of Kilpatrick's administration have "close ties to Judge Giles' wife, who is a member of the City of Detroit School Board including one who is a witness in the case," according to court documents.

They also pointed to potential conflicts of interest and "appearance of partiality" by the court bench as one or two judges could be called to testify.

Judge Ruth Carter could be called as a witness because she served as corporation counsel for the city before she became a judge and Judge E. Lynise Bryant-Weekes could be called.

Prosecutors said they were concerned with the marriage between 36th District Court Judge Izetta F. Bright and City Corporation Counsel John Johnson.

Johnson is considered a key player in the whistle-blower trial and is scheduled to testify in the preliminary trial against Kilpatrick.

Judge Cylenthia Miller of the 36th District Court, and mayoral appointee, attended Kilpatrick's arraignment, and later told the media she was there "to show her support for the mayor."

In addition, prosecutors were troubled by the fact that the entire 36th District Court is funded by the city of Detroit.

Atkins agreed to review Giles' decision after prosecutors appealed.

But no basis was found to reverse his ruling not to disqualify himself, Atkins wrote in her order.

"The prosecutor conceded at the beginning of the hearing that they are not claiming that Judge Giles holds any bias or prejudice for or against Mayor Kilpatrick, Christine Beatty, defense attorneys or prosecutors," she wrote.

The issue to disqualify the entire bench was made moot since Giles' decision was upheld, according to her order.

Giles' has made it known that he does not feel there is a conflict of interest and said he can be impartial because that is what the voters expect.