Ky. Supreme Court rules on motion to disqualify Judge Simms from Houck murder case

The affidavit of disqualification was filed by Houck’s attorneys Brian Butler and Michael Denbow.
Published: Oct. 26, 2023 at 12:14 PM EDT
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NELSON COUNTY, Ky. (WAVE) - The Kentucky Supreme Court has ruled on the request to dismiss Judge Charles Simms from the Brooks Houck murder case.

In a decision by Chief Justice Laurence VanMeter, he remanded the motion, meaning that it’s getting sent back down to a lesser court for consideration.

The affidavit of disqualification was filed by Houck’s attorneys Brian Butler and Michael Denbow. They claimed Judge Charles Simms III has demonstrated a bias toward Houck, who has been charged with the murder of his former girlfriend Crystal Rogers.

In Judge VanMeter’s ruling, he said before the Kentucky Supreme Court can issue a ruling on Judge Simms’ position overseeing this case, the defense should first submit a motion to Judge Simms himself asking him to recuse himself from the case.

If that happens, Judge Simms has two options:

- He can remove himself from the case, in which time a substitute judge would be appointed.

- Or, he can deny the motion and stay on it, presenting relevant facts as to why he isn’t biased.

It’s not clear yet if Houck’s attorneys plan on going down that route or not.