ALPENA — An out-of-area judge has been assigned to preside over the upcoming sex assault trial of former Alpena Public Schools teacher Heather Winfield.

Roy C. Hayes III, from the 33rd Circuit Court out of Charlevoix, was assigned by the State Court Administrative Office to oversee Winfield’s trial beginning Dec. 5.

Winfield is charged with having a sexual relationship with a former student. The News does not name alleged victims of sexual assault.

After Winfield resigned from Alpena in 2016, she worked as a long-term substitute teacher in Hillman.

It was not immediately clear why Hayes was assigned.

Montmorency County Probate Judge Benjamin Bolser has overseen 26th Circuit Court cases since the suspension of Judge Michael Mack, who was removed from 26th Circuit Court dockets amid a Michigan State Police investigation of Mack for undisclosed reasons.

Bolser has required the assistance of other judges to help with the workload.

Neither the prosecution nor the defense requested the assignment of Hayes.

Hayes will hear motions from both sides at the next court date, scheduled for Jan. 15. Winfield’s trial is scheduled to begin with jury selection on Feb. 18.

Judges assigned to cases outside their circuit my preside over some court proceedings via videoconferencing. Hayes intends to travel to Alpena to appear in court in person, according to the Charlevoix County Circuit Court administrator.

Hayes this week released an order denying a request by Winfield’s attorneys, filed Nov. 27, for a temporary restraining order to prevent the prosecution from communicating with witnesses without preserving a record of the communication.

The defense failed to prove a clear and ongoing risk of harm to the defendant, Hayes said in his order.

He will consider a defense motion for an injunction for the same purposes, along with other motions by both sides, at the upcoming January court date.

Julie Riddle can be reached at 989-358-5693, jriddle@thealpenanews.com or on Twitter @jriddleX.