Ky. Supreme Court rules judge can remain on Brooks Houck murder case

November 28, 2023

Hannah Woosley-Collins,

BARDSTOWN, Ky. (WTVQ) — The Kentucky Supreme Court on Monday ruled a Nelson County judge can remain on the bench for Brooks Houck’s murder trial.

Chief Justice Lawrence B. VanMeter filed the motion to deny replacing Judge Charles Simms on the case.

Houck’s attorneys argued Judge Simms should recuse himself for alleged bias.

His attorneys first appealed to the state Supreme Court in late October to remove Judge Simms.

VanMeter ruled Houck’s attorneys should first file a motion with Judge Simms to ask him to recuse himself before requesting the state’s Supreme Court do so. If Judge Simms didn’t recuse himself, the Kentucky Supreme Court would then hear the request and evidence for removal and make a decision; if he did recuse himself, a new judge would be appointed.

Judge Simms chose to not recuse himself, and the state Supreme Court upheld that ruling, saying Houck’s attorneys “failed to demonstrate any disqualifying circumstances that would require the appointment of a special judge…”

Houck’s attorneys argued that Judge Simms’ “impartiality might reasonably be questioned from the perspective of a reasonable observer who is informed of all the surrounding facts and circumstances.”

Houck was named the main suspect in Crystal Rogers’ disappearance in 2015 when then-Sheriff Ed Mattingly said he had eight pages of circumstances that led him to believe Houck was responsible for her disappearance. He was not arrested until September of 2023 when he was indicted and charged with her murder and tampering with physical evidence.

Attorneys have already asked the Kentucky Court of Appeals to review Judge Simms’ bond decision.

To read the documents filed in court yesterday:

ORDER DENYING MOTION FOR DISQUALIFICATION