IMO, the key words here being:
The goal of these recusal provisions is to “avoid even the appearance of partiality so as to promote public confidence in the integrity of the judicial process.”
From the 4/20/26 Supreme Court Ruling (pages 1-8):
Relevant portions of affidavit:
8. In the video, Mullins is shown reporting on his involvement with
legislative efforts as well as the "Womens[sic] with Dignity" bill.
Mullins also highlights his recent recovery events and
expungement efforts in Letcher County. Mullins then discusses his
professional plans for the following week at the District Judge's
College. When Mullins discusses the upcoming events, Judge
Cohron appears to nod in approval.
9. Judge Cohron did not disclose this fact to the parties, despite
the close connection in time to the events at issue, leading to an
appearance of impropriety.
10. It is my belief that the trial of this matter will necessarily
include evidence regarding the week's events Mullins discussed in
the video. As such, it is difficult to believe that Judge Cohron's
proximity with Mullins such a short time before the events at issue
will not affect his judgment in my case. ...
_____________________
Legal citations:
... Similarly, Rule 2.11 of the Kentucky Code of Judicial Conduct provides that “a judge shall disqualify
himself or herself in any proceeding in which the
judge’s impartiality might reasonably be questioned.”...
The goal of these recusal provisions is to “avoid even the appearance of partiality so as to promote public confidence in the integrity of the judicial process.”6 While the Chief Justice’s determination under KRS 26A.020 is not a review of a trial court’s decision, applying the objective standard to determine whether a judge’s impartiality might reasonably be questioned is similarly appropriate. ...
Having established the standard for disqualification,
the question turns to whether the Plaintiff has established facts to warrant the appointment of a special judge. It stretches the imagination to believe that mere joint attendance at a professional conference and the apparently random decision of Judge Cohron to sit next to the victim would be cause to question whether Judge Cohron could be unbiased. Judges frequently attend professional conferences in the same space as other judges and lawyers with whom they regularly practice. ...
Mr. Stines’ belief “that the trial of this matter will necessarily include evidence regarding the week's events Mullins discussed in the video” does not raise reasonable concern for Judge Cohron’s impartiality, especially since there is no suggestion Circuit Judge Cohron attended the District Judge’s College event. ...
The facts as alleged simply do not support a conclusion that a reasonable person would question Judge Cohron’s impartiality. For this same reason, it was not necessary for Judge Cohron to have disclosed this matter to the parties. Accordingly, the Deputy Chief Justice orders that this matter is
DENIED without prejudice of any party to seek appellate review after entry of a final judgment. ...
Copy of ruling at link below:
FRANKFORT, Ky. — The Kentucky Supreme Court has denied a request to remove the judge presiding over the Shawn Stines murder case. Stines is charged in the Sept. 19, 2024, shooting death of Letcher County District Judge Kevin Mullins. In its ruling, the court found no evidence that Special Judge...
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