State Supreme Court judge returns motion to remove Simms back to Houck attorney

NC GAZETTE / WBRT RADIO
STAFF REPORT

Thursday, Oct. 26, 2023 — Kentucky Supreme Court Chief Justice Laurence B. VanMeter has returned a motion by Brooks Houck’s attorney to Nelson Circuit Court following a request by his attorney to remove Circuit Judge Charles Simms III from the Houck case.

Houck’s attorney, Brian Butler, had filed the motion earlier this week to remove Simms based on earlier comments he made in regard to Houck that Butler argued could show Simms could have a bias against Houck.

Supreme Court Chief Justice Laurence B. VanMeter ruled today that Simms should have been given a chance to hear a motion for his recusal in the case and either stay on the case or withdraw per the motion.

The Chief Justice wrote that the “parties should present the reasons that recusal is requested and give the judge an opportunity to grant or deny that request.”

Butler will need to file a motion asking for Simms’s recusal. If Simms steps aside, a substitute judge will be appointed. If Simms does not recuse himself, the state Supreme Court will then take up the request and make a decision based on Butler’s arguments for that recusal.

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