CLEVELAND -- Councilman Zachary Reed didn't appear in court Monday morning, but his attorney entered a not guilty plea to a charge of operating a vehicle while intoxicated.

His attorney said Reed, who represents Ward 3, was arrested on suspicion of operating a vehicle while intoxicated.

Reed, 45, has been in rehabilitation at the Cleveland Clinic since last Wednesday.

All 12 municipal judges recused themselves from the case because the City Council oversees the judges' budgets.

The Ohio Supreme Court has been asked to appoint a judge to oversee the case.

Reed was arrested early Wednesday morning on the city's southeast side after police found him passed out in his 2002 BMW 525i at about 3 a.m. at East 139th Street and Kinsman Avenue, according to police. They said that a person directed them to Reed's car.

Police said Reed refused a field sobriety test and that's when police arrested him.

He was taken to the Bratenahl Police Department for a Breathalyzer test. Reed refused that test, as well, police said.

Witnesses said they saw Reed at a Cavaliers game then later in the Warehouse District drinking.