Last month, Houck s attorneys asked the high court to remove Simms, arguing his "impartiality might reasonably be questioned from the perspective of a reasonable observer who is informed of all
The chief justice wrote that Judge Charles Simms III "should have been afforded an opportunity to grant or deny a motion for recusal” himself before a higher court gets involved.
The appeal, filed in Nelson Circuit Court Tuesday morning, comes one day after Nelson County Circuit Court Judge Charles Simms III denied a request by Houck s attorneys to lower the