Ky. Supreme Court responds to Houck’s request for judge’s removal

October 26, 2023

Hannah Woosley-Collins,

LOUISVILLE, Ky. (WTVQ) — The Kentucky Supreme Court’s chief justice has responded to Brooks Houck’s attorney’s request that the judge in his case be removed.

Chief Justice Laurance Vanmeter in documents filed Wednesday said Houck’s attorney should first file a motion with Judge Charles Simms, who’s presiding over Houck’s case, to ask him to recuse himself before requesting the state’s Supreme Court do so.

“In the present case, the Chief Justice finds that Judge Simms should have been afforded an opportunity to grant or deny a motion for recusal before an affidavit was certified to the Chief Justice under KRS 26A.020,” Vanmeter wrote in his order.

If Judge Simms doesn’t recuse himself, the Kentucky Supreme Court will then hear the request and evidence for removal and make a decision; if he does recuse himself, a new judge will be appointed.

Houck’s attorney filed the request this week and said 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 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. That decision could come in the next several months.

To read all the documents filed in court:

ORDER REMANDING FROM KY. SUPREME COURT

KRS 26.A.020 AFFIDAVIT