Kentucky Supreme Court Orders Re-evaluation of Judge's Role in High-Profile Sheriff Murder Case

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LETCHER COUNTY, Ky. (WJHL) — The Kentucky Supreme Court has remanded a decision concerning a motion to disqualify the judge in the murder trial of a former sheriff back to the lower courts. However, the issue may eventually return to the state’s highest court.

In December, legal representatives for former Letcher County Sheriff Mickey Stines petitioned for the judge overseeing the case to step down. Stines is charged with first-degree murder and the murder of a public official following the fatal shooting of District Judge Kevin Mullins in September 2024.

Stines’ legal team filed the motion to excuse Judge Christopher Cohron from the case, citing video evidence from a judicial meeting that showed Cohron seated next to Mullins just a week before the judge was killed.

Stines’ attorneys argued that the video could lead a “reasonable observer” to suspect potential bias from Judge Cohron in the proceedings.

On Tuesday, the Supreme Court of Kentucky filed an order remanding the case back to Letcher County Circuit Court.

In the order, Deputy Chief Justice Robert Conley wrote that Stines’ motion cites two state laws. The first, KRS 26A.015, refers to when a judge shall disqualify himself from a case. The second, KRS 26A.020, allows a party to ask the Chief Justice to appoint a special judge.

Conley wrote that the motion filed by Stines asked the state supreme court to recuse Cohron, but he described the sought action as “ambiguous” as to which of the two cited laws was being used as the basis.

“It is not possible for the undersigned to discern whether this is a KRS 26A.015 motion asking Judge Cohron to recuse himself or a KRS 26A.020 affidavit seeking the Chief Justice’s appointment of a special judge,” the order reads.

Conley also wrote that, regardless of the ambiguity, a previous ruling by the Supreme Court found that factual allegations were required when a party sought a judge’s recusal. If a judge does grant the motion and recuses, then a substitute judge is appointed, ending the matter.

However, Conley cited that if the judge denies the motion, he or she must enter into the record facts that would be relevant to an appellate review.

“Based on this language, and out of deference for the judge before whom a case is pending, parties should present the reasons that recusal is requested and give the judge an opportunity to grant or deny that request before filing a KRS 26A.020 affidavit,” Conley wrote.

Conley found that Cohron should have the opportunity to either grant or deny the motion seeking his recusal from the case. Conley ordered the matter remanded and sent it back to the Letcher County Circuit Court with directions for Cohron to review Stines’ motion.

If Cohron denies the motion, Stines and his attorneys can seek a further review from the Supreme Court of Kentucky.

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Kentucky Supreme Court Orders Re-evaluation of Judge’s Role in High-Profile Sheriff Murder Case

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